Japan Compliance

When an individual or a company in Japan becomes overwhelmed by debt and seeks legal assistance, one of the very first formal steps taken by their appointed lawyer (or judicial scrivener) is the dispatch of a "Notice of Engagement." Known in Japanese as a junin tsuchi (受任通知), this

When a business partner, whether an individual or a corporation, faces financial difficulties in Japan, understanding the initial steps a Japanese lawyer takes during a debt consultation is crucial. This initial phase is not merely about gathering facts; it's a critical juncture that sets the stage for the

Navigating financial distress is a complex challenge for both individuals and corporations. Japan offers a well-structured legal framework with several distinct procedures designed to address varying degrees of insolvency and to facilitate financial rehabilitation or, where necessary, an orderly liquidation. Understanding these options is crucial for debtors seeking relief and

In the interconnected digital world, services and platforms often become conduits for activities carried out by their users. When these user activities involve copyright infringement, a critical question arises: to what extent can the service provider or intermediary be held liable for infringements committed by others? Unlike the United States,

For anyone utilizing, licensing, or seeking to build upon existing creative works, a fundamental question is: "Is this work still protected by copyright, or has it entered the public domain?" The duration of copyright protection (著作権の存続期間 - chosakuken no sonzoku kikan) in Japan is governed by a set

In the information age, databases are invaluable assets, powering everything from search engines and e-commerce platforms to scientific research and business intelligence. The sheer volume of data, coupled with the effort and investment required to compile and organize it, makes its protection a critical concern. But how does Japanese copyright

Characters from manga, anime, games, and literature often become cultural icons and valuable commercial assets. Similarly, sequels that continue beloved stories or explore familiar worlds are a staple of the entertainment industry. However, the creation and use of characters and sequels raise complex copyright questions in Japan. How does Japanese

In the digital economy, software is a critical asset, often representing substantial investment and innovation. Like many countries, Japan recognizes computer programs as works eligible for copyright protection. However, due to the unique characteristics of software—being both a form of literary expression (code) and a functional tool—the Japanese

Copyright licensing (利用許諾 - riyō kyodaku) is the cornerstone of commercializing creative works. Whether you are a licensor seeking to monetize your intellectual property or a licensee aiming to legally utilize copyrighted material, a well-drafted agreement is paramount, particularly in a jurisdiction like Japan with its own specific copyright framework.

Transferring ownership of copyrighted works is a common and crucial aspect of business in the creative industries. Whether acquiring rights from creators, engaging in mergers and acquisitions, or structuring licensing deals, a clear understanding of how copyright assignment (著作権の譲渡 - chosakuken no jōto) operates under Japanese law is essential. While

While the right to control the sale or transfer of copies of a copyrighted work is a familiar concept, the right to control the subsequent commercial rental or lending of those copies is treated differently in various legal systems. In Japan, copyright holders are granted a distinct "right of

In an era dominated by digital content and online services, the ability to control how copyrighted works are disseminated over networks is paramount for creators and rights holders. Japanese copyright law (著作権法 - Chosakuken-hō) addresses this comprehensively through the "right of public transmission" (公衆送信権 - kōshū sōshin ken)

The rapid advancements in Artificial Intelligence (AI), machine learning, and big data analytics have opened up unprecedented opportunities across industries. However, these technologies often rely on the ingestion and processing of vast amounts of data, much of which may include copyrighted works such as text, images, audio, and video. This

In today's content-rich world, where photographs and videos are constantly being created and shared, it's almost inevitable that copyrighted works—a poster on a wall, music playing in the background, a character on a T-shirt—will unintentionally be captured. This phenomenon, often termed "incidental inclusion,

Copyright law, while granting exclusive rights to creators, is not absolute. To foster cultural development, encourage education, and ensure a vibrant public discourse, legal systems worldwide incorporate limitations and exceptions to these exclusive rights. In the United States, the doctrine of "Fair Use" provides a flexible, factor-based defense

For businesses, particularly those with creative outputs, determining the authorship and ownership of copyrighted works created by employees is a critical legal and operational concern. In the United States, the "Work Made for Hire" (WMFH) doctrine provides a relatively clear framework where, under certain conditions, the employer is

In the realm of copyright, the connection between a creator and their work is often considered profound. Beyond the economic rights to control how a work is used, Japanese copyright law, like that of many civil law countries, grants authors a distinct set of "moral rights" (著作者人格権 -

When adapting, localizing, or otherwise utilizing copyrighted works in Japan, businesses often encounter a set of author's rights that extend beyond purely economic considerations. Among the most significant of these are "moral rights" (著作者人格権 - chosakusha jinkaku-ken), and a particularly crucial component is the "right

When businesses engage with copyrighted material, the primary focus is often on economic rights – the exclusive rights to reproduce, distribute, adapt, and publicly perform or transmit a work. However, in Japan, as in many civil law jurisdictions, authors are endowed with another distinct and crucial set of entitlements known as

Understanding whether an act constitutes copyright infringement is a critical concern for any business or individual creating or utilizing content. In Japan, like in many other jurisdictions, copyright infringement is not a matter of strict liability for simply producing something similar to a pre-existing work. Instead, Japanese copyright law (著作権法

Navigating the landscape of intellectual property in a foreign jurisdiction can be a complex undertaking. For businesses and creators looking to protect their original works in Japan, a fundamental starting point is understanding what qualifies for copyright protection under Japanese law. The Japanese Copyright Act (著作権法 - Chosakuken-hō) sets forth