| TOP |
| 5th Report of Market Access Ombudsman Council (March 17, 1998) |
1. Complainant: German Chamber of Commerce in Japan
2. Ministry concerned: Ministry of Education
3. Complaint:
Domestic libraries provide the service of free lending of the musical scores they have purchased, but this means that it is possible for scores loaned to orchestras and the like to be copied and distributed to orchestra members.
In Germany, the copying of musical scores is prohibited under copyright law, but this is not so in Japan. This poses an extremely large problem among those involved in music publishing in Germany, and should this matter not be resolved, measures appropriate for the Japanese market will be considered.
4. Corresponding Policy of the Ministries concerned:
As regards the protection of copyright, multilateral agreements such as the Berne Convention. The Universal Copyright Convention and the TRIPS Agreement have been established based on detailed negotiations and discussions by the relevant countries in order to ensure harmonization among copyright laws of all countries concerned.
Foreign works are protected under the Copyright Law. And Japan has ratified the above three treaties, fulfilling all the obligations.
Article 30 of the Copyright Law, which provides for a limitation on copyright to permit reproduction for private use, is applicable only to the case in which a user reproduces a work "by himself or herself" for the purpose of his or her personal use, family use or other similar uses within a limited circle. And therefore, such an act as copying and distributing musical works to members of an orchestra, which was mentioned in the complaint, is not covered by this provision, and constitutes infringement.
As copyright is a private right, the rightholder the right of which is infringed should take the initiative for civil and/or criminal remedies available in accordance with the provisions of relevant treaties.
The complaint that the complainant has presented, as described above, is an illegal act, and as it is not necessary to prohibit something that is already illegal under the current law, the premise of total prohibition of the copying of musical scores will not serve.
In the meantime, we would like to be given proof of the assertion of significant damage incurred from acts which have not been prohibited under the current Copyright Law. We would also like to know which measures have been requested by Germany to countries such as in Europe other than Japan which do not have prohibiting stipulations similar to those of Germany.