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What is the Compensation System for Public Transmission for Educational Purposes?

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  • What is the Compensation System for Public Transmission for Educational Purposes?
The Compensation System for Public Transmission for Educational Purposes is a system established by an amendment to the law in May 2018.
Under the conventional Copyright Act, it was permissible to make a copy (reproduce) of or transmit (publicly transmit), during a joint remote lesson, a work or the like within the necessary and proper extent in the process of a lesson at an educational institution such as a school, without obtaining the authorization of the copyright owner or the like and at no charge (this does not apply to any exploitation that may unreasonably prejudice the interests of the copyright owner in any case).
The 2018 amendment to the law has made it possible to publicly transmit other than during a remote joint lesson, which has been permitted thus far, without authorization, by paying a compensation, in order to facilitate the exploitation of a work in education by using an ICT. To put it more specifically, any public transmission necessary for exploitation in the process of a lesson by using the ICT, such as publicly transmitting a teaching materials for preparatory and review purposes prepared by a teacher that uses the work of another person to a student’s terminal, or uploading the same to a server, it is now permissible without individually obtaining the authorization of the copyright owner or the like. From the perspective of striking a balance with the protection of the legitimate interests of the copyright owner or the like, the establisher of an educational institution needs to pay a compensation to our association (SARTRAS), which is exclusively specified by the Commissioner for Cultural Affairs, for such exploitation.
This system was scheduled to start by May 2021. However, due to the impact of the current spread of the novel coronavirus infection, school closures have been prolonged in educational institutions in various places in Japan with a growing demand for remote lessons or the like. In consideration of such circumstances, the amended Copyright Act came into force on April 28, 2020, to start the system ahead of schedule. In response to this situation, the compensation is “free of charge” only for fiscal year 2020, as an exception.
The operational guideline has been compiled by the “Forum of Those Related about Educational Use of Works,” which is made up of educators, right owners and experts, so as to properly exploit the system in the field of education, for the provisional operation of the system in fiscal year 2020. The operational guideline for fiscal year 2021 and beyond are scheduled to be complied at a later date.

Operational Guideline for Article 35 of the Amended Copyright Act (Fiscal Year 2020 Edition)
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