Department   Undergraduate School  , School of Information and Communication
   Position   Professor
Date 2012/03/21
Presentation Theme Exploitation of orphan works - Japanese compulsory license system -
Conference Seminar - Recent Developments in Japanese Copyright Law - Exceptions and Limitations
Promoters School of Law, Queen Mary, University of London Intellectual Property Law and Policy Institute (IPLPI)
Presentation Type Speech (General)
Contribution Type Individual
Details Orphan works are works whose copyright owner cannot be identified or traced. No one can obtain a licence from a right holder, thus using such works is restricted. Also, when an orphan work is used lawfully, its rights are limited or restricted in certain ways.  To date, no multilateral international treaties on copyright and related rights have had any specific provisions for orphan works. Therefore, no countries are obliged to have a special system to facilitate the exploitation of orphan works. On the other hand, international treaties provide general provisions or case-specific provisions of limitations and exceptions regarding copyright. These restrictions on copyright may appear in certain forms, such as compulsory or statutory licences, or in permitted uses. Many countries have some type of system for orphan works. The nature of exclusive rights to orphan works may be limited in these systems. Each country can establish its own system, but the system must be within the limits of some principles on copyright, such as the non-formality rule and the three-step test.  Japan has adopted a compulsory licence system for orphan materials. I introduced an overview of this system and talk about its past record.