For certain cases, computer program works may be used without the copyright holder’s permission.
Restriction of the Author’s Property Rights of Company Program Works- For any of the following cases, the published computer program work (hereinafter referred to as “Programs”) may be reproduced or distributed within the scope required to fulfill the purposes. However, the reproduction or distribution shall be prohibited if it unjustly hurts the interests of the program copyright holder according to the program type and purposes, the percentage occupied by the reproduction, number of produced copies, etc. (Article 101-3, paragraph 1 of the Copyright Act).
· Reproductions for trial or investigation
· Reproducing the creative work upon request for expert opinion on the program or program-related electronic information by both parties of dispute arbitration under Article 199, paragraph 1, subparagraph 2 of the Copyright Act
· Reproductions or distribution for educational courses to be provided by an educator in school under the Early Childhood Education Act, Elementary and Secondary Education Act, or Higher Education Act, or educational institution established under other laws (limited to educational institutions providing academic degrees or level of education equivalent to graduation from elementary, middle, or high school)
· Reproductions to publish in school textbooks for educational purposes at schools under the Elementary and Secondary Education Act or other equivalent schools
· Reproductions for personal use at homes or limited places (for non-commercial purposes only)
· Reproductions or distribution for entrance exams or tests or certification exams verifying knowledge or technical skills (for non-commercial purposes only) for schools under the Elementary and Secondary Education Act and Higher Education Act or other equivalent schools
· Reproductions to check the basic idea or principle of the program or to investigate, research, or test its functions (limited to persons using the program with justifiable rights)
※ “Computer Program Works” is a creative work expressed by a series of orders and commands directly or indirectly used in equipment with information processing abilities, such as computers, to obtain specific results.
Temporary Reproduction to Maintain Computer- A program (only if justifiably acquired) may be temporarily reproduced while using a computer for its maintenance (Article 101-3, paragraph 2 of the Copyright Act).
Payment of Compensation- To publish the program in school textbooks for schools under the Elementary and Secondary Education Act or other equivalent schools for educational purposes, the user shall provide the author’s property right holder with compensation according to the 「2023 Criteria of Compensation for Creative Works in School Textbooks」(Article 101-3, paragraph 3 of the Copyright Act).