Information about Copyright
About the Photoduplication Service and Copyright
1. Copyright
There are legal limits to how much of a copyrighted work a library may reproduce.
Copyright is a legal right that grants to the authors of a novel, an article, a paper, a picture, a photograph, a map, a musical score, or other original work exclusive rights for use and distribution.
In this page, "author" means the person who creates a work, and "copyright holder" means the author or the person who has been transferred the right to a work by assignment, inheritance, etc.
Under Japanese law, copyright protection continues "until the end of a period of seventy years following the death of the author" or, in cases where the work bears the name of a corporate body, "until the end of a period of seventy years following the making public of the work."
* Please note that the copyright to a work whose authorship is attributed to an individual has expired if their year of death is in or before 1967. Also the copyright to a work whose authorship is attributed to an organization has expired if the year of publication is in or before 1967.
Thus, most of our collections are subject to copyright protection even when a publication is out of print. Works published by government agencies excluding statutory documents and judicial precedents are also copyrighted.
2. About the Photoduplication Service and copyright
Unless otherwise permitted in the Copyright Law, a library needs permission of copyright holders to reproduce works or communicate them to the public by electronic transmission.
We may reproduce copyrighted works through the Onsite Photoduplication Service or Remote Photoduplication Service (courier or postal mail) conforming to the Copyright Law (Law No. 48 of 1970) Article 31 (1) (i). Otherwise, we may transmit copies of works electronically through the Remote Photoduplication Service (PDF file download) conforming to the Copyright Law Article 31 (2).
Without permission of copyright holders, we may provide a copy of a work in accordance with the following requirements:
- Purpose: Reproduction of library materials is for the user's own investigation or research.
- Limits to how much of a copyrighted work can be reproduced: A library may reproduce only a part of a work.
- A library may only provide a single user with a single copy. (When it conforms to the Copyright Law (Law No. 48 of 1970) Article 31 (1) (i).)
However, we may provide a copy of an article in its entirety when it is carried in a serial publication such as a newspaper or magazine, excluding when the article is in the latest issue. For serial publications, please see 3-2. Limits on copying serial publications.
3. Limits on copying works
As a general rule, a library can only provide one copy of a part of a work.
Generally, the term "a part of a work" is interpreted to mean no more than 50% of the original work. The extent of permissible copying varies with the type of work, as described in the following examples.
In cases where you wish to copy a work in its entirety, please see 4. Procedure for permission to copy a work in its entirety.
3-1. Limits on copying books: definition of the term "a part of a work"
The extent of permissible copying varies with the type of work, as described in the following examples. For serial publications, please see 3-2. Limits on copying serial publications.
Type of the work | Limit of copying |
---|---|
Monographs | Main text: half Contents and index: all Preface, commentary, etc.: half of the preface, commentary, etc. |
Collected editions, anthologies of short stories, collected papers, etc. | Half of each story, thesis, etc. |
Doctoral dissertations | Half of the dissertation |
Codes and standards | National standard or government standard (Japanese and overseas): all Other standards: half of each text Codes and standards translated by Japanese Standards Association (JSA) or others: half of each text Commentary written by JSA etc.: half of each text |
Maps | Sheet map: half of each map Atlas: half of each chart (We do not copy charts smaller than one page.) A map produced by the Geographical Survey Institute (except for CD-ROM): all (If your reproduction request is for the purpose of your own investigation or research.) |
Photographs | Half of each photograph (We do not copy photographs smaller than one page.) If the photograph was published in 1957 or before, or if the photograph is in a magazine or newspaper, you can get a copy of the entire photograph from any issue except the latest one. |
Pictures | Half of each picture (We do not copy pictures smaller than one page.) If the picture is in a magazine or newspaper, you can get a copy of the entire picture from any issue except the latest one. |
Music score | Half of each musical score (We do not copy musical scores smaller than one page.) If the musical score is in a magazine or newspaper, you can get a copy of the entire musical score from any issue except the latest one. |
* We may provide copies of public materials by a national government or similar (e.g., White Papers published by a government) in their entirety.
* In accordance with the guidelines (「図書館等における複製及び公衆送信ガイドライン」 and 「複製物の写り込みに関するガイドライン」 (Japanese only) ), we often may provide copies of small works (e.g., figures smaller than one page) in their entirety conforming to the following conditions:
- Onsite Photoduplication Service or Remote Photoduplication Service (courier or postal mail): All or almost all the materials are not to be reproduced.
- Remote photoduplication Service (PDF file download): Consecutive double-pages are not to be reproduced. (When the material is solely collecting small works. E.g., haiku collection, tanka collection.)
3-2. Limits on copying serial publications
Articles in any issue except the latest one of a magazine or newspaper may be copied in their entirety.
Multiple articles may be copied from a single issue, but the total pages copied must not exceed half of all the pages in the issue.
An exception can be made for a single article that exceeds half of all the pages in the issue to allow the article to be copied in its entirety.
Any issue of a serial publication can be copied, provided that a significant period of time has passed since publication of the latest issue.
We consider the terms in the table below as "a significant period of time."
Onsite Photoduplication Service or Remote Photoduplication Service (courier or postal mail) * Conforming to Copyright Law Article 31 (1) (i) |
Remote Photoduplication Service (PDF file download) * Conforming to Copyright Law Article 31 (2) |
|
---|---|---|
Weekly magazine | 1 week | 1 year |
Monthly magazine | 1 month | 1 year |
Quarterly or annual magazine | 3 months | 1 year |
Newspaper (daily) | A day after publishing | A day after publishing |
4. Procedure for permission to copy a work in its entirety
Written permission of the copyright holder is required when you request copying a copyrighted work in its entirety.
You also need written permission when you request a copy for a purpose other than research and investigation (e.g., publication), except for the following purposes.
- Onsite Photoduplication Service/ Remote Photoduplication Service (courier or postal mail): For judicial, legislative, administrative or administrative review proceedings. (Conforming to Copyright Law Article 41-2, 41 or 42-2.)
- Remote Photoduplication Service (courier or postal mail): For assembling a library’s collection. (Conforming to Copyright Law Article 31 (1) (iii).)
Please submit the written permission together with your copy request. In addition, please submit the Application for Permission to Photocopy (PDF: 165KB) with them when you request remote photoduplication services.
Any format that clearly shows the copyright holder has granted permission with their name is acceptable. Examples are below.
Example 1: Receiving a copy of a work in its entirety through the Onsite Photoduplication Service or Remote Photoduplication Service (courier or postal mail)
(NDL) a reproduction of all pages of [name of the publication]
owned by the NDL.
Example 2: Requesting a copy for purposes other than research and investigation, using Onsite Photoduplication Services or Remote Photoduplication Services (courier or postal mail)
(NDL) a reproduction of [name of the publication]
owned by the NDL for the purpose of [your purpose. E.g., publishing, broadcasting.].
(Note) You are required to submit the Application for Permission to Photocopy (PDF: 165KB) together with written permission in cases like Example 1 and Example 2. Please ask our staff when you request the Onsite Photoduplication Service. When you request the Remote Photoduplication Service, please see Application for Permission to Photocopy (PDF: 165KB). In specific cases (e.g., old materials, for the purposes of assembling collections.), application for permission to photocopy is also required despite written permission not being required.
Example 3: Receiving a copy of a work in its entirety through the Remote Photoduplication Services (PDF file download)
(NDL) reproduction data of all pages of [name of the publication]
owned by the NDL transmitted digitally. *1
Regarding transmission, I confirm that the compensation set out by Copyright Law Article 31 (5) will not occur. *2
- *1)Ensure that it is clearly indicated that permission is being given for the copied data to be sent digitally.
- *2)When we transmit PDF files conforming to written permission of the copyright holder, the compensation set out by Copyright Law Article 31 (5) will not be paid to the copyright holder. Include confirmation of this in the written permission.