わかる!著作権

Exception of copyright-3

Copy-chan, why do you look so troubled?
I’m not troubled, It’s just that there’s a novel being used in our school’s entrance test.
It is common for entrance tests.
Do they get permission from the authors?
Well, our school is a quite established school, so i would think that they do get permission.
Right, but then the author would know what the entrance test will be like, and that’s just not fair.
Well It’s hard to think that schools all over Japan are violating copyright.
Answer
Schools throughout Japan do not violate copyright.
Under article 36 of the Copyright act, the use of copyrighted material without permission is permitted when the said work is used in entrance examinations or certification exams. As Copy-chan said, Entrance exams are the biggest examples. Basically, you do not need permission to use work in entrance exams.
There are also other exceptions for when using copyrighted material in education. These can be for example textbooks, school related broadcasts, or in class use to the level where the author’s profits are not damaged.
(Printing of works in textbooks, etc.)
Article 33 (1) It is permissible to print a work that has been made public in a textbook (meaning a textbook authorized by the Minister of Education, Culture, Sports, Science andTechnology or a textbook under the authorship of the Ministry of Education, Culture, Sports, Science and Technology that is used to educate school-aged children or students in primary schools, junior or senior high schools, or other similar schools; the same applies hereinafter), to the extent that this is found to be necessary for the purpose of school education.
(2) A person that prints a work in a textbook pursuant to theprovisions of the preceding paragraph must inform the author of this and pay compensation to the copyright owner in the amountestablished annually by the Commissioner of the Agency for Cultural Affairs in consideration of the purport of the provisions of the preceding paragraph, the nature and purpose of the work, the ordinary rate of royalties, and other conditions.
(3) When the Commissioner of the Agency for Cultural Affairs has established the amount referred to in the preceding paragraph, the commissioner announces this in the Official Gazette.
(4) The provisions of the preceding three paragraphs apply mutatis mutandis to the reproduction of works in textbooks intended for use in high school correspondence courses (including correspondence courses for the upper-class levels of a school for secondary education) and in the teachers' manuals for textbooks (limited to teachers' manuals published by theperson publishing the textbooks).
(Reproduction in order to prepare a large-print textbook)
Article 33-2 (1) It is permissible to reproduce the works thathave been printed in a textbook by enlarging the letters, illustrations, etc. used in that textbook, or by any other meansnecessary so that the works can be used by school-aged children or students who have difficulty using the works printed in textbooks due to a visual impairment, developmental disorder, or other disability, in order to offer the works to suchschool-aged children or students, for use in their studies.
(2) A person that seeks to prepare textbooks for use in school education or any other copies in which works are reproduced pursuant to the provisions of the preceding paragraph(excluding copies in which the works are reproduced in Braille, and limited to copies in which all of or a considerable part of such works printed in the relevant textbook are reproduced; hereinafter in this paragraph referred to as "large-print textbook, etc.") must inform the person that published therelevant textbook of this in advance, and if the large-print textbook, etc. is distributed commercially, the person seeking to prepare the copies must pay the owners of the copyright to therelevant works compensation in the amount decided annually by the Commissioner of the Agency for Cultural Affairs in proportion to the amount of compensation provided for in paragraph (2) of the preceding Article.
(3) When the Commissioner of the Agency for Cultural Affairs has established the amount referred to in the preceding paragraph, the commissioner announces this in the Official Gazette.
(4) A person that provides electronic or magnetic records of theworks printed in a textbook, pursuant to the provisions of Article 5, paragraph (1) or (2) of the Act to Accelerate theDissemination of School Textbooks, etc. for School-Aged Children and Students with Disabilities (Act No. 81 of 2008), may exploit such works, to the extent that is found to be necessary in order for the person to provide those electronic ormagnetic records.
(Broadcasting, etc. of educational programming for schools)
Article 34 (1) It is permissible for a person to broadcast orcablecast a work that has been made public, in broadcast orcablecast programming for schools that conforms to thecurriculum standards provided for in regulations on school education; to receive a broadcast transmission of suchprogramming and simultaneously transmit it via automatic public transmission (this includes the automatic public transmission of programming that has been made available for transmission by the data for it being input to an automatic public transmission server that is connected with a publictelecommunications network) with the objective of allowing an exclusive audience within the service area that theprogramming is intended for (meaning a service area as provided in Article 2-2, paragraph (2), item (ii) of the Broadcast Act (Act No. 132 of 1950) or, if a service area is not specified for the broadcast, meaning a broadcast area as provided in Article 14, paragraph (3), item (iii) of the Wireless Telegraphy Act (Act No. 131 of 1950); the same applies hereinafter) to receive it; and to print such a work in teaching materials for usewith that broadcast programming or cablecast programming, to the extent that this is found to be necessary for the purpose of school education.
(2) A person that exploits a work pursuant to the provisions of the preceding paragraph must inform the author of this and paythe copyright owner a reasonable amount of compensation.
(Reproduction, etc. in schools and other educational institutions)
Article 35 (1) A person in charge of teaching or a persontaking classes at a school or other educational institution(except one founded for commercial purposes) may reproduce a work that has been made public if and to the extent that it is found to be necessary for the purpose of use in the course of classes; provided, however that this does not apply if thereproduction would unreasonably prejudice the interests of thecopyright owner in light of the nature and purpose of the work, as well as the number of copies and the circumstances of its reproduction.
(2) If, in the course of classes at an educational institutionreferred to in the preceding paragraph, the original or copies of a work that has been made public are offered or presented to persons who directly attend a class and thus exploited, or if such a work is exploited through a stage performance, musical performance, on-screen presentation, or recitation for suchpersons pursuant to the provisions of Article 38, paragraph (1), it is permissible to transmit these to the public (and also to make them available for transmission, if they are to be transmitted to the public via automatic public transmission) for any persons who are taking that class simultaneously at a place other than that where the class is being held; provided, however, that this does not apply if transmitting these to thepublic would unreasonably prejudice the interests of thecopyright owner in light of the nature and purpose of the work, as well as the circumstances of the transmission.
(Reproduction, etc. as examination questions)
Article 36 (1) It is permissible to reproduce a work that has been made public as a question on an entrance examination orother examination or in an official certification of knowledge orskills, to the extent that this is found to be necessary for suchpurpose, and to transmit to the public such a question (except in a broadcast or cablecast; however, it is permissible to make such a question available for transmission, if it is to be transmitted to the public via automatic public transmission; thesame applies in next paragraph); provided, however, that this does not apply if transmitting such a question to the publicwould unreasonably prejudice the interests of the copyrightowner in light of the nature and the purpose of the work as well as the circumstances of the transmission.
(2) A person that reproduces a work or transmits to the public a work for commercial purposes must pay the copyright ownercompensation in an amount that corresponds to the ordinary rate of royalties.