Copyright and
Online Learning

Generally speaking, you will need to get permission from the copyright holder before using other people's copyright material.

When creating lecture materials, you may need to use copyright material from the internet, books, or other forms of media. As a general rule, you will need permission from the copyright holder before you can use such material.

There are cases in which you can use copyright material for educational purposes without getting permission first.

According to the Copyright Act, there are cases in which you can use copyright materials freely. One of these cases is stipulated in Article 35 [Reproduction in Schools and Other Educational Institutions]. While Article 35 has long allowed for the use of copyright materials in class or long-distance classes broadcast in real time, important changes have been made to it in the recent amendment.

Amendments to the Copyright Act have taken effect as of April 28, 2020.

It was decided in 2018 that some parts of the Copyright Act would be amended, including Article 35 (which governs [Reproduction in Schools and Other Educational Institutions]). One important aspect of these amendments was the creation of the Remuneration System for Public Transmission for School Lessons.

The Remuneration System for Public Transmission for School Lessons is a system that allows for personnel related to educational institutions (board of education, school organizations, etc.) to send a form to the designated managing institution and pay compensation to use copyright materials in class (sending them by mail, uploading them to servers, etc.) without receiving permission from the copyright holder. Furthermore, compensation fees will not be required for the year 2020.

Permissible usages of copyright materials (before amendments were made to Article 35)　　

・Distributing printed materials in face-to-face classes for educational purposes

・Public broadcast of materials for long-distance classes:

　　→ Students and teachers must be present in both locations

　　→ Only classes being broadcast in real-time were eligible

New usages that have become permissible (after amendments were made to Article 35)

・Materials used for lectures and class prep can now be uploaded to servers or sent via mail.

・Lecture videos and materials can be sent out as On-Demand Class.

・Classes can be broadcast from studios without any students present.

This system is not applicable to all cases. There are specific criteria that must be met. Only cases in which teachers at educational facilities copy/transmit/receive copyright materials as part of their class will be covered by this system.

■Eligible Institutions: Schools and Other Educational Institutions (Non-commercial)

※Cram schools, prep-schools, cultural centers, and training facilities for private businesses and organizations are not eligible.

■Eligible Persons: Teachers leading a class (Professors, etc.) and students taking the class (registered students)

■Eligible Copyright Material: Publicly Available Materials

※In most cases, textbooks and workbooks that need to be purchased are not eligible for this system.

■Eligible Methods of Use: Using Materials as a part of class (but only to the extent such usage is necessary and permissible)

※"Classes" in universities refer to normal lectures and programs with proof of registration. Keep in mind that using materials to help students prepare for class is counted as being "part of the class". (However, mock-classes for open-campus, seminars for university faculty etc. are not eligible)

■Eligible Actions: Replication, Public Broadcasting, and Public Transmissions

※Replication: making a copy of copyright material; Public Broadcasting: broadcasting or sending out copyright material; Public Transmission: Displaying copyright materials that you have received

Please remember that some there are limitations to this system:

Usages that would damage the interests of the copyright holder are prohibited

Note that (even minimally) using a textbook that students would normally purchase could be considered as damaging the interests of the copyright holder.

Public Broadcast of materials to an indeterminate number of persons

Because broadcasting materials on OCW or MOOCs does not count as a part of class it is necessary to get permission from the copyright holder when using materials for such classes.

How to treat DVDs has yet to be determined

Regardless of whether it be for educational purposes or not, how to treat the copying, reproduction, and public broadcasting of copyright materials that are typically protected from such acts (e.g., DVDs) is still a matter of consideration. For the time being, it is likely better to stay on the safe side and avoid such media.

References

• Society for the Administration of Remuneration for Public Transmission for School Lessons (SARTRAS) Homepage (Japanese)

Link

• Copyright Act (English translation provided by Copyright Research and Information Center)

Link

• Copyright Information from the Ministry of Culture

Link

• Revisions to the Copyright Act Comparison between old and new (Released by Ministry of Culture - Japanese)

https://www.bunka.go.jp/seisaku/chosakuken/hokaisei/h30_hokaisei/pdf/r1406693_04.pdf