Japanese copyright law and authenticmaterials:           What teachers need to know                 Cameron Romney        ...
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.“…ordina...
Authentic Materials“It is motivating” p. 1.           Stempleski & Tomalin (2001)“…to expose students to natural language ...
Authentic Materials“It is difficult” p. 1.            Stempleski & Tomalin (2001)“…may be too culturally biased”“…special p...
Authentic Materials Copyright
Authentic Materials“The copyright regulations … differ from place to   place, and you should check the legal position in  ...
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  circum...
Japanese Copyright LawArticle 30 of Copyright Law“(1) It shall be permissible for a user to   reproduce by himself a work ...
Japanese Copyright Law"(ii) where such reproduction is made by a person    who knows that such reproduction becomes    pos...
Japanese Copyright Law“It shall be permissible for a user to   reproduce by himself a work forming the   subject matter of...
Japanese Copyright Law“the purpose of his personal use, family use     or other similar uses within a limited             ...
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   possi...
Japanese Copyright Law“(iii)where a digital sound or visual recording by    a person who knows that such recording is    m...
Japanese Copyright Law“Who Knows”
Japanese Copyright LawArticle 35 of the Copyright Law“(1) A person who is in charge of teaching and    those who are taugh...
Japanese Copyright Law“A person who is in charge of teaching and     those who are taught in a school…      Teachers and s...
Japanese Copyright Law   “…in a school or other educational institutions   (except those established for profit-making)…Ele...
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 clas...
Japanese Copyright Law“…provided that such reproduction does not  unreasonably prejudice the interests of the  copyright o...
Japanese Copyright Law“…in the light of the nature and the purpose of the   work…      Because the material isn’t   intend...
Japanese Copyright Law“…the number of copies and the form of  reproduction.”Too many copies aren’t made and    the copies ...
Japanese Copyright LawArticle 35 of the Copyright Law“(1) A person who is in charge of teaching and    those who are taugh...
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.
Non-compliance
Example ScenariosNumber 2:A teacher copies an Internet article and  gives to the students in class.
Compliance
Example ScenariosNumber 3:The department chair copies a newspaper  article, in which he is quoted, and  requires the teach...
Non-compliance
Example ScenariosNumber 4:A teacher copies an article from The  Language Teacher and puts it in a few of  her co-workers’ ...
Compliance
Example ScenariosNumber 5:The Extension Centre makes a copy of a  computer textbook, cover to cover, and  gives it to the ...
Non-compliance
Example ScenariosNumber 6:A teacher asks KYOMUKA to make a copy  of an out-of-print textbook, cover to  cover, and gives i...
Compliance
Example ScenariosNumber 7:A teacher puts a book on reserve in the  library and the students make copies of  it for themsel...
Grey Area
Example ScenariosNumber 8:A teacher shows clips from a television  program in class.
Compliance
Example ScenariosNumber 9:An English club or circle shows a movie  during the school festival.
Non-compliance
Example ScenariosNumber 10:A teacher shows a whole movie in class.
Grey Area
Example ScenariosNumber 11:A student loses her textbook and then  makes a copy of her friend’s book.
Compliance
Example ScenariosNumber 12:A teacher uses the listening activities in class from   an ELT textbook, different from the cou...
Grey Area
Example ScenariosNumber 13:Instead of having the students buy a book, a teacher   photocopies a unit/chapter from a differ...
Non-compliance
Example ScenariosNumber 14:A teacher photocopies a unit/chapter from several   different textbooks and uses them in class ...
Grey Area
Example ScenariosNumber 15:A teacher downloads a video from YouTube  and shows it in the classroom.
Grey Area
Thank You!romney.cameron@gmail.com     LinkedIn & Google+   @CameronRomney  CameronRomney.com
Useful Websites & ReferencesWebsites:Copyright Research and Information Center (CRIC): http://www.cric.or.jpReferences:Jap...
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Japanese copyright law and authentic materials

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  • Japanese copyright law and authentic materials

    1. 1. Japanese copyright law and authenticmaterials: What teachers need to know Cameron Romney Center for Foreign Language Education Momoyama Gakuin University (St. Andrew’s University) September 25, 2011
    2. 2. Outline Authentic MaterialsJapanese Copyright Law Example Scenarios
    3. 3. 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)
    4. 4. 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)
    5. 5. Authentic Materials“It is difficult” p. 1. Stempleski & Tomalin (2001)“…may be too culturally biased”“…special preparation…time consuming” Martinez (2002)
    6. 6. Authentic Materials Copyright
    7. 7. 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)
    8. 8. Question: What is the“legal position” in Japan?
    9. 9. Japanese Copyright Law Fair Use
    10. 10. 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)
    11. 11. 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:”
    12. 12. 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)"
    13. 13. 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
    14. 14. 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?
    15. 15. Japanese Copyright Law “… except in the case: However...
    16. 16. 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
    17. 17. 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
    18. 18. Japanese Copyright Law“Who Knows”
    19. 19. 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.
    20. 20. Japanese Copyright Law“A person who is in charge of teaching and those who are taught in a school… Teachers and students
    21. 21. Japanese Copyright Law “…in a school or other educational institutions (except those established for profit-making)…Elementary schools Eikaiwa JukuJr./Sr. High Schools Haken (Dispatched &Senmon Gakko Outsourced)Jr. Colleges Corporate Training Adult Education schoolsUniversitiesNPOs/NGOs
    22. 22. Japanese Copyright Law “…may reproduce a work already made public… Something published
    23. 23. 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
    24. 24. 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
    25. 25. 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
    26. 26. 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
    27. 27. 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.
    28. 28. Example ScenariosC = ComplianceN = Non-complianceG = Grey Area
    29. 29. Example ScenariosNumber 1:A teacher copies a page from a grammar workbook and gives it to the students for homework.
    30. 30. Non-compliance
    31. 31. Example ScenariosNumber 2:A teacher copies an Internet article and gives to the students in class.
    32. 32. Compliance
    33. 33. Example ScenariosNumber 3:The department chair copies a newspaper article, in which he is quoted, and requires the teachers to give it to the students in class.
    34. 34. Non-compliance
    35. 35. Example ScenariosNumber 4:A teacher copies an article from The Language Teacher and puts it in a few of her co-workers’ mail boxes.
    36. 36. Compliance
    37. 37. Example ScenariosNumber 5:The Extension Centre makes a copy of a computer textbook, cover to cover, and gives it to the students.
    38. 38. Non-compliance
    39. 39. 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.
    40. 40. Compliance
    41. 41. Example ScenariosNumber 7:A teacher puts a book on reserve in the library and the students make copies of it for themselves.
    42. 42. Grey Area
    43. 43. Example ScenariosNumber 8:A teacher shows clips from a television program in class.
    44. 44. Compliance
    45. 45. Example ScenariosNumber 9:An English club or circle shows a movie during the school festival.
    46. 46. Non-compliance
    47. 47. Example ScenariosNumber 10:A teacher shows a whole movie in class.
    48. 48. Grey Area
    49. 49. Example ScenariosNumber 11:A student loses her textbook and then makes a copy of her friend’s book.
    50. 50. Compliance
    51. 51. 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.
    52. 52. Grey Area
    53. 53. 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.
    54. 54. Non-compliance
    55. 55. 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.
    56. 56. Grey Area
    57. 57. Example ScenariosNumber 15:A teacher downloads a video from YouTube and shows it in the classroom.
    58. 58. Grey Area
    59. 59. Thank You!romney.cameron@gmail.com LinkedIn & Google+ @CameronRomney CameronRomney.com
    60. 60. 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.

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