Book contents
- The Cambridge Handbook of Copyright Limitations and Exceptions
- The Cambridge Handbook of Copyright Limitations and Exceptions
- Copyright page
- Contents
- Contributors
- Preface
- Part I The Theoretical Foundation of Copyright Limitations
- Part II Internationalizing Copyright Exceptions
- Part III Models of Copyright Exceptions
- 7 Debunking the Fair Use vs. Fair Dealing Myth: Have We Had Fair Use All Along?
- 8 Fair Use As an Advance on Fair Dealing? Depolarizing the Debate
- 9 The Changing Judicial Politics of Copyright Exceptions in the UK
- 10 “Fair Use” through Fundamental Rights in Europe: When Freedom of Artistic Expression Allows Creative Appropriations and Opens Up Statutory Copyright Limitations
- 11 Limitations and Exceptions in Copyright Law across the Taiwan Strait
- 12 A General Clause on Copyright Limitations in Civil Law Countries: Recent Discussion on Japanese-Style Fair Use Clause
- 13 Bridging Fair Dealing and Fair Use Concepts: Malaysia’s Transition to a Hybrid System
- Part IV Obvious and Hidden Values in the Working of Copyright Exceptions
- Part V Copyright Exceptions and Technology
12 - A General Clause on Copyright Limitations in Civil Law Countries: Recent Discussion on Japanese-Style Fair Use Clause
from Part III - Models of Copyright Exceptions
Published online by Cambridge University Press: 15 January 2021
- The Cambridge Handbook of Copyright Limitations and Exceptions
- The Cambridge Handbook of Copyright Limitations and Exceptions
- Copyright page
- Contents
- Contributors
- Preface
- Part I The Theoretical Foundation of Copyright Limitations
- Part II Internationalizing Copyright Exceptions
- Part III Models of Copyright Exceptions
- 7 Debunking the Fair Use vs. Fair Dealing Myth: Have We Had Fair Use All Along?
- 8 Fair Use As an Advance on Fair Dealing? Depolarizing the Debate
- 9 The Changing Judicial Politics of Copyright Exceptions in the UK
- 10 “Fair Use” through Fundamental Rights in Europe: When Freedom of Artistic Expression Allows Creative Appropriations and Opens Up Statutory Copyright Limitations
- 11 Limitations and Exceptions in Copyright Law across the Taiwan Strait
- 12 A General Clause on Copyright Limitations in Civil Law Countries: Recent Discussion on Japanese-Style Fair Use Clause
- 13 Bridging Fair Dealing and Fair Use Concepts: Malaysia’s Transition to a Hybrid System
- Part IV Obvious and Hidden Values in the Working of Copyright Exceptions
- Part V Copyright Exceptions and Technology
Summary
The 1970 Japanese Copyright Act (JCA) basically adheres to the droit d’auteur system. In common with the practice in most civil law countries, it contains a detailed catalogue of specific provisions on the limitations on and exceptions to copyright rather than a general or open-ended clause covering such limitations/exceptions. Over the years, the detailed list of enumerated provisions in the JCA has frequently been revised to adapt to technological development and social change. In fact, a large number of specific copyright limitation provisions were introduced in the 2009 and 2012 JCA, which include specific provisions for web search engines (Article 47sexies), Internet auctions (Article 47bis), text and data mining for commercial or noncommercial purposes (Article 47septies), and experimental exploitations for the purpose of developing technology (Article 30quater). There is no doubt that specific provisions on copyright limitations, and their continual revision, will remain indispensable to copyright law in Japan.
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- The Cambridge Handbook of Copyright Limitations and Exceptions , pp. 211 - 215Publisher: Cambridge University PressPrint publication year: 2021