IMAMURA TETSUYA    Department   Undergraduate School  , School of Information and Communication    Position   Professor
Language	Japanese
Publication Date	2014/09
Type	Academic Journal
Peer Review	Peer reviewed
Title	Current Status and Issues on the Compulsory License System for Exploitation of Orphan Works in Japan
Contribution Type	Sole-authored
Journal	Journal of Intellectual Property Association of Japan
Publisher	Hakuto-Shobo Publishing Company, Intellectual Property Association of Japan
Volume, Issue, Page	11(1),pp.58-77
Details	The study finds that certain legal measure is required to mitigate the adverse effects of the copyright term extension as it deteriorates the orphan works problem. Subsequently, the paper reveals the past record of the operation of Japanese compulsory licence system for orphan works and then examines that; whether the system has been properly operated as a scheme of licensing for normal orphan works and that; whether the system is a reasonable tool of rights clearance scheme for mass digitization of orphan works in archive projects. With regard to latter issue, this article suggests to take the factor of term from publication of each orphan works into the requirement of "diligent search" so as to ease the requirements of the procedure as a matter of practice.