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IP News Flash |
Agency of Cultural Affairs
publishes an overview of latest Copyright Law amendments with
regards to the adaptations of IP Multicast in broadcasting
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In light of the recent partial Copyright Law
revisions that went into effect on 12/15/2006, the Agency of Cultural
Affairs published a brief summary of the revisions on their web site
along with the actual language of the amendments and a comparative table
explaining the difference between the new and the old law.
The revisions were based on a bill passed at the Council for Cultural
Affairs Copyright Subcommittee meeting, and are threefold: 1)promoting
smooth dissemination of simultaneous retransmission of terrestrial
digital broadcasting, 2) setting basic limits on copyright in response
to the rapidly changing times, and 3) the reinforcement of copyright
protection against infringement.
In terms of “promoting the smooth dissemination of simultaneous
retransmissions of broadcasts”, this is in reference to IP Multicast
technology that uses broadband lines as a transmission path for
terrestrial digital broadcasting. IPTV began its “broadcast” this past
December in Japan, and many have pinned their hopes on this technology
as a way to provide supplemental paths of retransmitting terrestrial
broadcasting in areas where digital broadcasting cannot be reached: this
in preparation of Japan’s complete conversion to digital broadcasting in
2011. In terms of the copyright system, the amendment positions IP
multicast retransmissions in the same way it does cable broadcasting
where performers and producers of phonograms are given remuneration
rights in exchange for unauthorized use.
As for “setting basic limits on copyright in response to the rapidly
changing times,” the amendment redefines “public transmissions” as
eliminating WLAN transmission in a same-office-setting, as well as
authorizes internet transmission of digital talking books for the
visually impaired, and the duplication of documents for patent
examinations, pharmacological administrative procedures, and creating
backup during equipment repair and maintenance, without an author’s
approval.
The third point is in reference to a bill approved by the National Diet
in an earlier ordinary session to enact “harmonization of industrial
property rights.” The new law strengthens anti-infringement measures
against the “importation“ or the “purchase for the purpose of
importation” of pirated products by pushing the upper limits of penal
provisions for copyright infringement from a maximum prison sentence of
5 years to 10. It also raised the maximum monetary fine from 5 million
yen (US50K) to 10 million yen (US100K) for individuals, and 100 million
yen (US1 million) to 300 million yen (US3 million) for corporations.
The amendment will go into effect 7/1 2007 with enactment of limited
rights for performers and producers of IP retransmissions going into
effect 20 days later.
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