(1) PURPOSE OF THE LAW AND SYSTEM
The purpose of the Copyright Law is, by providing for the rights of authors and the rights neighboring thereon with respect to works as well as performances, phonograms, broadcasts and wire diffusions, to secure the protection of the rights of authors with regards to just and fair exploitation of these cultural products, and thereby to contribute to the development of culture.

(2) OUTLINE OF THE LAW AND SYSTEM
"work" means a production in which thoughts or sentiments are expressed in a creative way and which fall within the literary, scientific, artistic or musical domain (Item 1 of Paragraph 1of Article 2). An "author" is a person who creates a work (Item 2 of Paragraph 1of Article 2).
Authors enjoy moral rights and copyright with respect to their works (Paragraph 1 of Article 17). Furthermore, performers, record producers, broadcasters and cable broadcasters enjoy neighboring right (Article 89).
The term protection of copyright begins with the creation of the work and lasts, in principle, 50 years following the death of the author (Article 51). In the case of copyright of anonymous and pseudonymous works, and works bearing the name of a corporate body the term of protection of copyright is 50 years following public release of the work (Articles 52 to 54). As for works in the form of movies, the term of protection is set at 70 years after publication (Article 54).
Civil remedies (Articles 112, and 114 to 115, etc.) and criminal sanctions (Articles 119 to 124) against infringement of the rights granted under the Copyright Law. The Law defines acts deemed as infringement and substantially enlarges the rights so as to protect the authors' rights (Article 113).

(3) CABINET ORDER AND MINISTERIAL ORDINANCES
Enforcement Order of the Copyright Law
Enforcement Regulations of the Copyright Law

(4) OUTLINE OF THE CONTROL
1) Items Covered
Moral rights of authors, copyrights, neighboring rights, etc.

2) Outline of Specifications, Standards and Inspections
None (copyright is given rise at the point of time when the work is created. No procedures are required for acquiring the right (no formalities).

(5) HIGHLIGHTS OF THE RECENT AMENDMENT
Outline of the amendment in 2004: I (enforced as of January 1, 2005)
1)Introduction of measures to prevent divertive reflux back into Japan of music records
Objects meeting all of the following criteria are subject to divertive reflux prevention measures.
i) The record in doubt is the same record that is firstly or concurrently sold in Japan, and which is prohibited from distribution in Japan
ii) Importation and other acts took place with the knowledge of the above fact.
iii) Importation and other acts are done for the purpose of distribution in Japan.
iv) The acts result in unreasonable harm to benefits (e.g. licensing fee) to which the right holder is entitled.
v) No longer than four years have passed since the counterpart in Japan was first sold in Japan.

2)Grant of right of lending
Transitional measures for lending books or magazines were repealed, and thus right of lending cover books or magazines offered to public by lending.

3)Strengthening penalty in case of infringement of copyright, etc.
Upper limit of imprisonment and fine as been raised to the level of infringement of patent and trademark (for the term of imprisonment from less than 3 years to less than 5 years, and for fine from less than three million yen to less than 5 million yen in case of a natural person. As for a legal person, the limit of fine is raised from less than one hundred million yen to less than one hundred and fifty million yen).

Outline of the amendment in 2004: II (enforced as of April 1, 2005)
The amendment of the Copyright law with other laws, including the Court Law, introduced penalty provisions as to infringement of order of confidentiality (raising the level of penalty by the revision of the Law with that of the Unfair Competition Prevention Law in 2005) as well as in-camera trial procedures.

(6) REFERENCE INFORMATION
(Liaison Office for Further Information)
Copyright Division, Cultural Affairs Department. Agency for Cultural Affairs
Tel: 03-5253-4111 http://www.bunka.go.jp