2/86 DATABASES - Industrial Policy - Copyright Law

MITI is concerned that Japan is about ten years behind the US and Europe in the development of computerized data bases. As one measure to change such an "undesirable" situation, MITI has decided that it will be releasing to private database firms various statistical data that the ministry holds. Until now MITI has had to refuse requests for such data as there has been no method for selling data to the public. Now, however, it will be establishing guidelines for such sales and plans to provide an easier system of providing such data, utilizing floppy disks or magnetic tapes. In addition, the Information Provision Service Promotion Committee, a subcommittee of the Industrial Structure Committee, an advisory body to MITI has compiled a report on the present condition of the Japanese database industry and policy measures for promoting the industry. The committee warned that catching up with the US and Europe in data bases was an urgent policy matter and made the following recommendations in order to achieve it: (1) The government should be willing to provide statistical data to the industry via magnetic mediums, (2) Support measures should be devised such as investment tax credits and investment financing for a private sector data base structure, and (4) A system should be established whereby the government will certify as qualified data search technicians with the objective of enhancing data base usage technologies. MITI plans to use the report as a base for developing policies from 1986 onwards. The Japanese estimate that database sales are five times higher in the US than in Japan and three times higher in Europe than in Japan. In November, 1985 MITI sent a joint team of experts from the government and private sector to the US to study measures to promote data base development in Japan, in order to reduce Japan's overwhelming dependence on imports of databases from the US.

MITI is also planning on issuing a call for participation to wide sectors of Japanese industry to participate in a foundation (zaidan hojin) to develop data bases that may be shared on a wide variety of computers. This is expected to be the first time that MITI has called on industry to join in major joint development effort via a foundation structure. Previously, such major development efforts had been achieved via research associations (Kenkyu Kumiai). This joint effort is not only to develop "interoperable" technology to permit the sharing of databases among different varieties of computers, it is also to develop standards for telecommunications and information networks. The results of such research are to be widely disseminated in order to encourage the spread of the standards. The foundation was expected to be established by late 1985 and MITI has set aside 15 billion yen for the development of the project over 7 years.

In terms of DATABASE COPYRIGHT PROTECTION the Cultural Affairs Agency, which has jurisdiction over copyrights, has come up with a proposed bill granting copyrights to data bases and new medias such as cable tv. The agency hopes to submit the bill to the next regular session of the Diet and put it into effect from April 1, 1986. The new bill will grant copyright protection to "creative" data bases and establish a new "cable broadcast right" for cable broadcasts providing on-line services, etc. Protection is also to be provided for computer programs by registering computer programs. This should theoretically prohibit unauthorized copying. A new organization will be established for such registrations. The protection for data bases will be for 50 years and will cover the databases in part or in toto as most uses of data bases involve only one part of the data base. The programs prepared by cable tv operators will be given the same copyright protection as ordinary television broadcasters, including neighboring rights.

JAPAN LAWLETTER February, 1986. By Roderick Seeman