Japan: Amendment of Copyright Act was introduced to House of Representatives

On 10 March 2023, the Japanese Cabinet introduced the Bill to Amend the Copyright Act (Cabinet Bill No. 51 of the 211th Diet) to the House of Representatives. The Bill would apply to courts, administrative agencies, broadcasters, record companies, publishers, collective management organisations, and persons seeking to use published works whose rights holders cannot be identified or whose intent regarding use cannot be confirmed. The Bill would introduce new exceptions permitting the reproduction and public transmission of works for judicial proceedings and administrative trial procedures, and for administrative examination and review procedures, including patent, trademark, pharmaceutical, and agricultural variety reviews. The Bill would also create a new arbitration system for the use of unmanaged published works, defined as published works not administered by a collective management organisation and for which the rights holder's intent regarding use cannot be confirmed, requiring applicants to deposit a compensation amount equivalent to ordinary licence fees. The Bill would further revise the method for calculating damages for copyright infringement by 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 would enter into force on 1 January 2024, with the remaining provisions entering into force within 3 years of promulgation.