わかる!著作権

Exceptions of Copyright-1

Copy-chan, What are you doing with your headphones on?
I’m listening to my favorite band, The Kanto boys.
Wait, but haven’t the Kanto boys not released their music on any music sites? How are you listening to it? Is it an illegal site?
Of course not. I put the music that was in the CD into my computer.
But isn’t moving the music from the CD into your computer “replication”? And if it’s replication, don’t you need the right to do so?
But everybody is doing it! And it i the CD that I bought. If I were to just put it into my computer, I don’t see the problem.
Hmmmm...

Answer

Copy-chan has not violated the Copyright act.

Explanation

Copyright does not come in effect at every single situation. Under the copyright act, there are times when the types of rights that we have been explaining can be restricted.

What Copy-chan did, is also included in one of these situations. In article 30 of the copyright act, to use a work inside of a household(anything that can be seen as one), using work privately is called “personal use”, and the replication of work for personal use is permitted with some exceptions. Meaning that because Copy-chan has replicated the CD for personal use, she has not violated the Copyright act.
Article 2 
((xv) "reproduction" means reproducing a work in a physical form through printing, photography, or replication, by recording its sound or visuals, or in any other way, and, for each of the following subject matters, includes the action set forth therein:
(a) a scenario or other similar work that is used for acting: recording the sound or visuals of a stage performance, broadcast. or cablecast of the work

(Reproduction for private use)
Article 30 (1) Except in the following cases, a user may reproduce a work that is subject to copyright (hereinafter in this Subsection referred to as a "work") if the reproduction is for personal or family use or for any other use of a similarly limited scope (hereinafter referred to as "private use"):
(i) a user reproduces a work by means of an automated duplicator (meaning a device with a function for making reproductions, of which all or most of the instruments for making the reproductions are automated) that has been set up for use by the public;
(ii) the reproduction of the work has become possible due to the circumvention of technological protection measures (meaning that the removal or alteration (excluding removal or alteration due to technological constraints accompanying the conversion of recording or transmission systems) of the signals that thetechnological protection measures use, makes it possible to take an action that the technological protection measures prevent or makes it so that a barrier no longer arises as a result of an action that the technological protection measures deter; the same applies in Article 120-2, items (i) and (ii)) or a barrier to reproduction of thework no longer arises as a result of that circumvention, and the user reproduces the work in the knowledge of this fact;
(iii) the work is received via an automatic public transmission that infringes a copyright (including an automatic public transmission that is transmitted abroad and that would constitute a copyright infringement if it were transmitted in Japan), and the user records the sounds or visuals of the work in digital format, in the knowledgeof this fact.
(2) A person who, for private use, records the sound or visuals of a work in a digital format, on a digital sound orvisual recording medium that is provided for by Cabinet Order, by means of a machine with digital sound or visual recording functions (excluding a machine with special performance capabilities for use in the broadcastingbusiness or other special performance capabilities that are generally not offered for private use, and also excluding a telephone with a sound recording function or any other machine with sound or visual recording functions incidental to its primary function) which is provided for by Cabinet Order shall pay a reasonable amount of compensation to the copyright owner.