Japanese copyright law and authentic materials: What teachers need to knowPresentation Transcript
Japanese copyright law and authentic materials: What teachers need to know Cameron Romney Center for Foreign Language Education Momoyama Gakuin University (St. Andrew’s University) January 29, 2012
Outline Authentic MaterialsJapanese Copyright Law Example Scenarios
Authentic Materials“Materials include anything which can be used to facilitate the learning of a language” p. 66.“…ordinary texts not produced speciﬁcally for language teaching purposes” p. 68. Tomlinson (2001)
Authentic Materials“It is motivating” p. 1. Stempleski & Tomalin (2001)“…to expose students to natural language in a variety of situations” p. 132. Larsen-Freeman (2000)“…can produce a sense of achievement” Martinez (2002)
Authentic Materials“It is difﬁcult” p. 1. Stempleski & Tomalin (2001)“…may be too culturally biased”“…special preparation…time consuming” Martinez (2002)
Authentic Materials Copyright
Authentic Materials“The copyright regulations … differ from place to place, and you should check the legal position in your country before using material in your class” p. 4 Sherman (2003)
Question: What is the“legal position” in Japan?
Japanese Copyright Law Fair Use
Japanese Copyright Law“…the Japanese Act does have a set of detailed provisions specifying fair use in particular circumstances … but it has never contained a general fair use defense … This has caused a lot of difﬁculties in dealing with copyright cases…” slide 2. Sugiyama (2001)
Japanese Copyright LawArticle 30: Personal use exemptionArticle 35: Educational use exemption
Japanese Copyright LawArticle 30 of Copyright Law“(1) It shall be permissible for a user to reproduce by himself a work forming the subject matter of copyright for the purpose of his personal use, family use or other similar uses within a limited circle (hereinafter referred to as "private use"), except in the case:”
Japanese Copyright Law"(ii) where such reproduction is made by a person who knows that such reproduction becomes possible by the circumvention of technological protection measures…(iii) where a digital sound or visual recording is made by a person who knows that such recording is made upon reception of an interactive transmission which infringes copyright (including an interactive transmission which is made outside this country and which would constitute an infringement on copyright if it was made in this country)"
Japanese Copyright Law“It shall be permissible for a user to reproduce by himself a work forming the subject matter of copyright… Make a copy by yourself
Japanese Copyright Law“the purpose of his personal use, family use or other similar uses within a limited circle…To use by yourself or within your family or a small group, i.e. social club?
Japanese Copyright Law “… except in the case: However...
Japanese Copyright Law“(ii) where such reproduction is made by a person who knows that such reproduction becomes possible by the circumvention of technological protection measures… you know that you are breaking copy protections
Japanese Copyright Law“(iii)where a digital sound or visual recording by a person who knows that such recording is made upon reception of an interactive transmission which infringes copyrightsomeone who knows that they are using P2P sharing software and knows that the music or movie is copyright
Japanese Copyright Law “Who Knows”
Article 30 Summary• Copied by yourself, i.e. didn’t buy it from someone• For use by yourself or a small group• Cannot knowingly bypass anti-copy technology• Cannot knowingly download copyright material
Japanese Copyright LawArticle 35 of the Copyright Law“(1)A person who is in charge of teaching and those who are taught in a school or other educational institutions (except those established for proﬁt- making) may reproduce a work already made public if and to the extent deemed necessary for the purpose of use in the course of lessons, provided that such reproduction does not unreasonably prejudice the interests of the copyright owner in the light of the nature and the purpose of the work as well as the number of copies and the form of reproduction” p. 23.
Japanese Copyright Law“A person who is in charge of teaching and those who are taught in a school… Teachers and students
Japanese Copyright Law “…in a school or other educational institutions (except those established for proﬁt-making)…Elementary schools EikaiwaJr./Sr. High Schools Juku Haken (Dispatched &Senmon Gakko Outsourced)Jr. Colleges Corporate TrainingUniversities Adult Education schoolsNPOs/NGOs
Japanese Copyright Law “…may reproduce a work already made public… Something published
Japanese Copyright Law“…to the extent deemed necessary for the purpose of use in the course of lessons… To be used in class for teaching and learning
Japanese Copyright Law“…provided that such reproduction does not unreasonably prejudice the interests of the copyright owner… As long as the author/creator’s rights aren’t violated too much
Japanese Copyright Law“…in the light of the nature and the purpose of the work…Because the material isn’t intended to be used as teaching material
Japanese Copyright Law“…the number of copies and the form of reproduction.” Too many copies aren’t made and the copies are copies not replicas or replacements
Article 35 Summary• Teachers and students at non-proﬁt schools• To be used in class for teaching and learning• Non-educational materials• Not too many copies are made
Example ScenariosC = ComplianceN = Non-complianceG = Grey Area
Example ScenariosNumber 1:A teacher copies a page from a grammar workbook and gives it to the students for homework.
Example ScenariosNumber 2:A teacher copies an Internet news article and gives to the students in class.
Example ScenariosNumber 3:The department chair copies a newspaper article, in which he is quoted, and requires all teachers in the department to give it to all the students in the department.
Example ScenariosNumber 4:A teacher copies an article from The Language Teacher and puts it in a few of her co- workers’ mail boxes.
Example ScenariosNumber 5:The Extension Centre makes a copy of a computer textbook, cover to cover, and gives it to the students.
Example ScenariosNumber 6:A teacher asks KYOMUKA to make a copy of an out-of-print textbook, cover to cover, and gives it to the students.
Example ScenariosNumber 7:A teacher puts a textbook on reserve in the library and the students make copies of it for themselves.
Example ScenariosNumber 8:A teacher shows clips from a television program in class.
Example ScenariosNumber 9:An English club or circle shows a movie during the school festival.
Example ScenariosNumber 10:A teacher shows a whole movie in class.
Example ScenariosNumber 11:A student loses her textbook and then makes a copy of her friend’s book.
Example ScenariosNumber 12:A teacher uses the listening activities in class from an ELT textbook, different from the course book that the students bought, as a supplemental activity.
Example ScenariosNumber 13:Instead of having the students buy a book, a teacher photocopies a unit/chapter from a different textbook each week and uses them in class.
Example ScenariosNumber 14:A teacher photocopies a unit/chapter from several different textbooks and uses them in class to check the level and appropriateness of the text for the class before requiring the students to buy the textbook.
Example ScenariosNumber 15:A teacher downloads a video from YouTube and shows it in the classroom.
Useful Websites & ReferencesWebsites:Copyright Research and Information Center (CRIC): http://www.cric.or.jpReferences:Japan Cabinet Secretariat. (2006) COPYRIGHT ACT (Act No.48 of 1970). Retrieved September 18, 2011 from www. http://www.cas.go.jp/jp/seisaku/hourei/data/CA.pdfLarsen-Freeman, D. (2000). Techniques and principles in language teaching. Oxford: Oxford University Press.Martinez, M. (2002). Authentic Materials: An overview. Karen’s Linguistic Issues. Retrieved April 8, 2008 from www3.telus.net/linguisitcsissues/authenticmaterials.html.Sherman, J. (2003). Using authentic video in the language classroom. Cambridge: Cambridge University Press.Stempleski, S. & Tomalin, B. (2001). Film. Oxford: Oxford University Press.Sugiyama, K. (2001). Japanese copyright law development. Retrieved May 9, 2008 from http://www.softic.or.jp/en/ articles/fordham_sugiyama.htmlTomlinson, B. (2001). Materails development. Teaching English to speakers of other languages Carter, R. & Nunan, D. (eds.) Cambridge: Cambridge University Press.