The Current Situation of Japanese Copyright Law Regarding Internet Transmission of Library Materials – The Amendment to the Copyright Act in 2021

Abstract The COVID-19 pandemic prompted Japan to review Art. 31 of the Copyright Act in 2021, which pertains to limitations on copyright for library usage. As a result, access to library materials via the internet became legally permissible within certain limits. Specifically, the amendment allows (1) the National Diet Library to transmit rare or out-of-print materials to individuals on the internet; and (2) libraries and similar facilities to provide users with public transmission services (transmitting portions of copyrighted works to users for research or study purposes). This article introduces the revisions made to Art. 31 in the 2021 amendment, explains the current situation regarding internet transmission of library materials in Japan, and explores future issues. Transmission via the internet is not subject to physical or locational constraints. The provision of library materials via the internet will thus involve considering how to position and organize the relationship between the individual transmission service for rare or out-of-print library materials by the National Diet Library and public transmission services by individual libraries.