Understanding copyright

Collegiate studies and copyrights

When studying and doing at university, you are likely to use the copyrighted works of other people in cases such as in the following cases:

  • When attaching a chart found in a book to your report
  • When using a graph published in a periodical in a seminar presentation
  • When using graphic images or audio files from someone's website when creating your own

When using the works of others in these or other ways, it is important not to violate copyright rules.

If it was completely illegal to use the copyrighted works of other people when preparing reports or in seminar activities, academic freedom would be restricted, and this might in turn restrict cultural development or even suppress social vitality. Therefore, Article 32 Paragraph 1 of the Copyright Law recognizing unauthorized use of copyrighted works by stipulating that "It shall be permissible to make quotations from a work already made public".

However, such usage must be "compatible with fair practice", and it is required that "their extent does not exceed that justified by purposes such as news reporting, criticism or research".

In addition, it is not permissible to use citations that distort the author's original intention, or and to cite out of context only a portion of the original text. (Article 113 Paragraph 6)

Have you ever noticed the sign that reads "Be aware of copyrights" or "Don't violate Copyright Law!" near the copying machine in the library? Photocopying of copyrighted works in libraries is allowed on an exceptional basis under Article 31 of the Copyright Law. However, since this is merely special exceptional provision, there are limits on what can be copied.

  • You may not copy from the latest issues of periodicals. (See the draft guideline presented to libraries by the Japan Reprographic Rights Center in October 1992)
  • Copying of books is restricted to under half of the total length, (See the 1976 "Report by the 4th Subcommittee of the Copyright Council")
  • Multipcopies are not allowed. (See the Copyright Law, Article 31 Paragraph 1)

As long as you follow the three rules listed above, you can copy materials in libraries without authorization from copyright holder.

If you want to find out more about the provisions of Article 31 of the Copyright Law, including the way in which "libraies" are defined, refer to Japan Library Association (2003) ,"Toshokan Sensho 10: Toshokan Service To Chosakuken, Kaiteiban (Selected Books for Librarians 10: Library Service and Copyright, Revised)".

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