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.