INTERVIEW:
Question 1
Talking about multimedia in Japan, which are the specific legal aspects that you could
discuss?
Answer
We started a discussion on multimedia a few years ago because people were astonished by
the progress of these new media but now we have noticed and a lot of people in other
countries have noticed that what we should discuss is the much more broader phenomena of
the digitalisation and the network transmission, which are related to all kinds and types
of works including more simple works not only the complicated ones which is usually called
multimedia.
Question 2
You mention transmission, so talking about networks in Japan, I see that there are some
differences in legislation between Japan and other countries.
Answer
Yes. Well, we anticipated the situation of the network environment and transmission of
works of authorship so we made an amendment to our copyright law in 1986 in which we
stipulated clearly the transmission right. And this transmission right includes all kinds
and types of transmissions, firstly both of wireless radio transmission and wire
transmission, and secondly both of digital transmission and analogue transmission. And
thirdly both cover transmission for broadcasting and on demand point to point type
transmission to the public, so everything is covered in Japan. We have a number of
problems in this field, so we have recommended to other countries that they establish the
same kind of right, exclusive right of authors, but I know that this causes some doubts in
other countries. Through the discussion on the Bern Protocol and the new instrument we
would propose that in international law that this kind of transmission right of public be
established internationally.
Question 3
Can you tell us about some specific legal problems of Japan like the integrity and moral
rights?
Answer
Yes, that's a big problem because moral rights, especially the right to keep the integrity
is very important in Japan, so the level of the protection legally is higher than through
the convention. The Bern Convention says that it is OK for the users to make modifications
and transformation of works of authorship unless it compromises the prestige of the owner
or the author, however, in our copyright law it is stipulated that no one can make any
modification or transformation without the authorisation of the author, which means that
if someone would like to change or modify or transform a work of authorship they should
always get in touch with the author to have the authorisation. So this is considered a big
problem mainly on the users side.The other problem is the definition of the public. The
transmission law in Japan is the right of transmission to the public, so I can make a
phone call to my friend and sing a song. That's OK, but if it is assisted by the public it
should be authorised by the author. But what is the public? How about 20 people? It may be
public. How about maybe three friends, two friends, one? You don't have a clear definition
of the public; the public is defined in our copyright law as a large number of people, so
this is another problem.
Question 4
Japan has some very interesting examples of law creation with regard to digital media, but
Japan is also an industrial country contributing technology to the world. Now, do you
think that the legislator will be able in the future to keep up with the pace of change
that is accelerated by the digital revolution?
Answer
In the case of transmission to the public we have succeeded in keeping up with
technological change. We even anticipated this situation in 1986. We have succeed in doing
that but will not necessarily succeed in the future. I think in many countries the
legislation is behind the technological development and this problem is much bigger in
Japan, I should confess that in my country we believe in the system in which everybody
agrees with a certain direction of change of amendment, law, anything. It is good to have
a consensus among people but it takes a long time to do anything. So I should confess that
Japan is quite often behind other countries in terms of catching up with development,
technological development. So maybe even the 1986 amendment of the transmission right was
an exception.
Domanda 5
One specific example of the digital world today is the Internet. Are there any legal
aspects that are being addressed today in Japan with regard to the Internet?
Answer
As I have said, the transmission right is protected perfectly in Japan so we have don't
have to worry about transmission to the public within the territory of Japan, but our
people in Japan are gradually noticing that the transmission right, especially on demand
point to point type transmission to the public right is not necessarily protected
perfectly in other countries, so the problem with that is that a certain number of people
want to outlaw the works of ownership that may be included in a database which is
internationally used. So that's a problem. We'd like other countries to have the same
single network protection of transmission to the public including the Internet.
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