Japan: Amendment of Copyright Act was promulgated

On 26 May 2023, the Act to Partially Amend the Copyright Act (Act No. 33 of 2023) was promulgated. The Act amends Article 42 and introduces Articles 41-2 and 42-2, permitting the reproduction and public transmission of works for judicial proceedings, administrative trial procedures, and administrative examination and review procedures. The Act also establishes an arbitration system for the use of unmanaged published works under Article 67-3, requiring applicants to deposit a compensation amount equivalent to ordinary licence fees. The Act further revises the method for calculating damages for copyright infringement under Article 114, separating profit-based damages and royalty-equivalent compensation into distinct components. Provisions relating to judicial and administrative use of works and to the revised damages calculation enter into force on 1 January 2024, with the remaining provisions entering into force within 3 years of promulgation.