The Direction of Japan’s AI Policy: Focusing on Copyright Issues

As the fiscal year comes to an end, the direction of Japan’s AI policy is becoming clearer. Starting with the “Hiroshima AI Process” last May, discussions have progressed within various government agencies such as the Agency for Cultural Affairs, the Ministry of Internal Affairs and Communications, the Ministry of Economy, Trade and Industry, and the Cabinet Office, and the final draft is now taking shape. Additionally, AI-related legislative proposals, primarily from the Liberal Democratic Party, are emerging, with movements to reflect these in the “Basic Policy 2024” in June gaining momentum.

On March 19, the final draft of the “Concept of AI and Copyright (Draft)” was discussed at the Subcommittee on Copyright of the Cultural Affairs Council held by the Agency for Cultural Affairs. Composer Toshiyuki Watanabe argued for the revision of Article 30-4 of the Copyright Act, while Yasuko Anbiru, President of the Japan Artists Copyright Society, proposed the protection of artistic styles. Professor Takashi Uchiyama of Aoyama Gakuin University expressed the opinion that rapid legal revisions should be avoided, and various perspectives were exchanged.

Keiko Momii, Director of the Copyright Division of the Agency for Cultural Affairs, emphasized the need to continue discussions on what can be done under the current regulations, indicating the intention to pursue continuous information gathering and consultations with relevant organizations. This policy aims to build the trust necessary to realize co-creation relationships in the AI field, with specific efforts such as expanding legal consultation services and establishing networks among stakeholders.

Meanwhile, in a Diet question by House of Councillors member Ken Akamatsu, discussions were held on the potential for copyright infringement through additional learning by AI, using his manga work “Love Hina” as an example. The Agency for Cultural Affairs suggested that learning with specific characters could fall under the purpose of enjoyment and presented its view on copyright infringement during the generation stage. Additionally, the necessity of protection from the perspectives of the Unfair Competition Prevention Act and publicity rights was discussed regarding the issue of learning from voice actors’ voices.

Furthermore, the Ministry of Internal Affairs and Communications and the Ministry of Economy, Trade and Industry announced the “AI Business Operator Guidelines Draft Version 1.0,” providing guidelines for AI business operators. The Cabinet Office’s “Intellectual Property Rights Review Meeting in the AI Era” also emphasized the need for legal, technical, and contractual measures to play complementary roles.

Japan’s AI policy is gradually establishing a unified direction through discussions across various government agencies. These will be reflected in the “Intellectual Property Promotion Plan 2024” to be announced in June and incorporated into the Cabinet’s policy guidelines, the “Basic Policy.” AI-related legislative proposals are also in progress, aiming for enactment in the extraordinary Diet session in autumn and the regular Diet session next year.

While there are still many uncertainties regarding the development and social integration of AI, the discussions so far have advanced inter-agency collaboration, indicating a shift in AI policy to the next stage. We will continue to focus on the advancement of policies that promote the understanding and utilization of AI technology, aiming for a richer and more convenient society.

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