JVCA's accomplishments and special features

As people in Japan have tended to have little awareness of the importance of copyright until now, copyrighted works of literary writings, pictures, illustrations, and the like, have enjoyed scant protection and have been used without permission in various ways. In particular, the educational industry (for all levels of students it comprises an over US$8.6 billion (one trillion yen) annual market), has continued to infringe domestic and overseas copyrights for more than 60 years.

The Japan Visual Copyright Association (JVCA) was the first association to disclose the practice of illegal use of copyrighted works by the educational industry; since its foundation in 1994, JVCA has maintained the fight against this industry. In terms of achievements, in the five years prior to 2007, JVCA conducted investigations and verification of copyright infringement on behalf of its copyright-holding members (as of 2007, about two hundred and forty copyright owners belong to JVCA), and supported its members in many lawsuits. As a result, a considerable amount of money has been recovered by JVCA members through judicial rulings and settlement thus far.

In addition, JVCA was the first copyright management organization in Japan to establish a strict system for the inspection of unauthorized use, circulation numbers, conditions of use of copyrighted works, and so on. Through appropriate licensing rules that reflect the views of copyright owners, JVCA has already granted licenses to use copyrighted works to over 300 publishers and the like.

In Japan, under The Law on the Management of Business of Copyright and Neighboring Rights, those who engage in the business of managing copyrights and neighboring rights for copyright owners are divided into either “compulsory management system” or “non-compulsory management system.” Copyright holders can elect to join either type of association.

In a “compulsory management system” the copyright holder has no say in the setting of the terms of license and the decision to grant a license to an intended user. In principle, the grant of license to a user cannot be denied, and the license is promptly granted to a party desiring to use the copyright. Thus, the “compulsory management system” places importance on the ease of copyright use and is favorable to users.

By contrast, the “non-compulsory management system,” currently used by only JVCA from among the various copyright management organizations in Japan, operates from the perspective of the copyright owners. In a “non-compulsory management system,” the copyright holders decide the terms of the license and have the authority to decide who may be granted a use license, which authority is exercised by an administrator who systematically manages the copyrights. This system may be favorable to the rights holder as it may: (i) factor in whether a party desiring to use the copyrights has used them without authorization in the past, (ii) have a mechanism for monitoring copyright use, etc., (iii) vary the terms of use, and (iv) have provisions that allow for negotiating the terms of use, etc.

Under this system, JVCA can understand the use of copyrighted works and negotiates the terms of use of literary works, etc. on behalf of copyright owners in a manner that is beneficial to copyright holders. For example, whether or not the grant of a license reserves rights for the original copyright owner, or to ensure that the investigation of unauthorized use and circulation numbers can be done in a manner favorable to the copyright holder. In this way, JVCA provides copyright owners with a copyright management system that takes into account their opinions, and aims to expand activities inside and out of Japan in order to create an environment that protects and develops culture on an equal footing between the copyright owner and the user.

JVCA hopes that more copyright owners will understand and come to identify with its unique copyright management system and become JVCA members. JVCA aims to become an even more helpful copyright management organization for both copyright owners and users. At the same time, JVCA will strive to contribute to the development of the world’s culture.

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