Legal Matters

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The modern Japanese legal system today is a combination of Anglo-American and continental legal structures, although an undercurrent thread in their law is derived from indigenous Japanese culture and that of ancient China. The unwillingness to file frivolous and reckless law suits without first negotiating behind closed doors without lawyers is a major difference between Japanese legal matters and those of the West. That being said, the jury is out about how Draconian the Japanese legislature is going to become in an age where intellectual property issues fostered through the Internet proliferate (see below).

Abe, Ikubo and Katayama, AIGI Intellectual Property Law Firm, Akasaka International Law, Patent & Accounting Office, Akizawa Patent Office, Albs Japan, Anderson Mori & Tomotsune, Ando Legal Office, Arcadia Intellectual Property Office, Arco Patent Office, Asahi Law Offices, Asian Patent Attorney Association of Japan, Association for the Study of International & Foreign Patent & Trademark Laws & Practice, Association of Intellectual Property Education, Baker & McKenzie, Bankruptcy Resolution in Japan, Cases of Law in Japan, CoTech International, Criminal Justice Resources for Japan, Daini Tokyo Bar Association, Eikoh Patent Office, English-Speaking Lawyer Shinsuke Nagayoshi, FJK Law Office, Foreign Law Office of Thomas J. Dreves, Fujikawa & Co., Fujimoto & Associates, Furutani Patent Office, Guide to Japan Law Online, Haruka Patent and Trademark Attorneys, Hashizume & Associates, H. Matsuura Patent Law Office, H&A Noto Legal Office, Harakenzo Intellectual Property Law, Hayabusa Kokusai Law Offices, Herbert Smith Freehills, Hideki Asai Gyosei-Shoshi, Hikari Nai-Gai Patent Office, Hino Law & Patent Office, Hiraki & Associates, Hiroe & Associates, Hirota, Higare & Associates, Hori & Associates, Hoshino Godo Office, How to Make Good Use of Japanese Notaries, IAT Word Patent Law Firm, Institute of Intellectual Property, Intellectual Property Association of Japan, Intellectual Property High Court, Intellectual Property Policies and Systems for an Innovation-Driven Japan, International Association for the Protection of Intellectual Property of Japan, IP Kokusai Patent, Isshiki & Co., Itaya & Associates, Itoh International Patent Office, J-Star Patent Attorney, Japan Approvals Institute for Telecommunication Business, Japan Association of International Economic Law, Japan Commercial Arbitration Association, Japan Criminal Law Attorneys, Japan Federation of Bar Associations, Japan Institution of Invention and Innovation, Japan IP Resources, Japan Intellectual Property Arbitration Center, Japan Intellectual Property Association, Japan Judicial Branch, Japan Law and Government, Japan Law Site, Japan Legal Support Center, Japan Patent Attorneys Association, Japan Patent Information Organization, Japan Patent Office, Japanese Law Translations, Japanese Legal Links and Legal Resources, JST International Patent List, Judgments of the Supreme Court of Japan, K. Saito & Associates, Kaneko Horohito Law Offices, Kaneto Office, Kawaguchi & Partners, Kawahara Patent & Trademark Office, Keisen Associates, Kojima & Associates, Kuroda Law Offices, Kusumoto Patent Office, L&J Law Office, Law Offices of Fujii Ikuya, Lead International Patent Office, Legal Brain, Legal Services Network for Foreigners in Sapporo, Lexwell Partners, M. Ide & Co., Maeda Patent Firm, Maritax Law Office, Maritime Law Firms in Japan, Maruyama International Law & Patent Office, Matsuo & Kosugi, Matsuura Associates, Max Law Offices, Merito Partners, Mori Hamada & Matsumoto, MTS Partners International Patent Trademark Firm, Nagashima Ohno & Tsunematsu, Nagoya Legal Office, Nakamura & Partners, Nakaya International Business and Legal Advising Office, National Center for Industrial Property Information and Training, NGB, NII Patent Firm, Nissato Legal Visa Office, Nishimura & Partners, Ogura & Co., Oh-Ebashi LPC & Partners, Okabe & Yamaguchi, Okada Patent & Trademark, Okamura Patent Firm, Onda Techno International Patent Attorneys, Orb International Patent Law Firm, Osaka Bar Association, Outline of Contract Law in Japan, Outline of Criminal Justice in Japan, Overview of Legal Systems in the Asia-Pacific Region, Patent Attorney List, Patent Attorneys’ Cooperative Association of Japan, Prezio IP FirmPrivate International Law Association of Japan, Promotion Policy for Patent Licensing, Qualifications for Foreign Lawyers in Japan, Questel, Recycling Laws and Regs, Rich Appraisal Institute, Roppongi Bar Association, Roderick Seeman’s Japan Law Site, Ryuka IP Law Firm, Saikyo Patent Office, Saito & Associates, Sato & Associates, Sakano & Associates, Satsuki Law Office, Shiga International Patent Office, Shin-Ei Patent Office, Shinonome, Sidley Austin Brown & Wood/Nishikawa & Partners, Sky Patent, Soei Patent and Law Firm, Solberg International Law Office, Sonoda Kobayashi, S. Soga & Co., Suzuki Patent & Trademark Office, Taiyo, Nakajima & Kato, Takayuki Matsui Maritime Trade Law, Takino, Kawasaki & Associates, Tani & Abe, Tapic International, Tohoku University Law Links, Tokyo Bar Association, Tokyo IP Firm, Tokyo Legal Mind K.K., Tokyo Sanno Law Office, Toudai TLO, Tsujimaru International Patent Office, Tsuraki & Kobayashi Law Offices, ULT Research, Uruma Law Offices, Wada Legal Administrative, Welty, Shimeall, Ito & Associates, Yamasaki Law and Patent Office, Yamauchi Patent Attorneys, Yano International Patent Office, Yokoi Patent Office, Yoshida & Partners, Yoshida International Patent Office, Yoshikawa International Patent Office, Yuasa and Hara, YuNeed International Patent Office

Licensing Conditions for Video Posting (Sharing) Services

JASRAC has stipulated the licensing conditions for video posting (sharing) services as follows. These conditions have been notified to those administering and operating services of this kind.
    1. Prerequisites
1) The service shall be in streaming format.
2) Infringement of rights belonging to authors and composers, screenwriters, record companies, performers, broadcasters, video producers etc. shall be prevented under the responsibility of those administering and operating the service.
3) Technical measures and specific actions shall be taken in order to realize the foregoing:
a) Prior (or equal) confirmation of uploaded works, under the responsibility of the operator, and by methods such as visual confirmation etc.
b) Adoption of technical measures and indication of road maps for system construction
    1. Licensee
The contracting party shall be those administering and operating the service, and it shall bear all responsibility for usages of audiovisual works within the website.
    1. Scope of license
a) Use of musical works, which are administered by JASRAC, in works which have been appropriately licensed and provided from the right-owners of the audiovisual works.
b) Use of musical works, which are administered by JASRAC, in audiovisual works which have been created by individuals etc. posting the video.
    1. Royalty rate
The rate shall be as provided in the Tariffs for Use of Musical Works, Article 11 “Interactive Transmissions,” 1-3-2 “Streaming Type Usages” for transmissions with the purpose to use copyrighted works other than music (2.8% for music, 2.0% for general entertainment). The rate for audiovisual works created by individuals shall be provided separately.
    1. Report of works used
All works which have been used shall be reported along with the number of requests, etc.
Therefore, a management system for works information is necessary which enables submission of works information from persons posting the videos.

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