Within a reasonable scope, central or local government agencies may reproduce the work of another person if it is considered necessary for internal reference for the purpose of legislation or administration; provided, this shall not apply where such reproduction would prejudice the interests of the economic rights holder due to the type and use of the work and the volume and method of reproduction.


Within a reasonable scope, and where necessary for the purpose of teaching in schools, all levels of legally established schools and their teachers may reproduce the works of another person which have already been publicly released.

The proviso of Article 44 shall apply mutatis mutandis to the circumstances set forth in the preceding paragraph.


Libraries, museums, history museums, science museums, art museums, and other cultural institutions open to the public may reproduce works in their collections in any of the following circumstances:

  • Where a patron requests reproduction of a part of a work that has been publicly released, or a single article from a seminar paper or a single article from a periodical that has been publicly released, provided that the copy is for personal research purposes and is limited to one copy per person.
  • Where necessary to preserve materials.
  • Where the works in question are out of print or difficult to purchase, and have been requested by another similar institute.

Within a reasonable scope, where for nonprofit use by an individual or a family, a work that has been publicly released may be reproduced by a machine that is either located in a library or is not provided for public use.


Fair use of a work shall not constitute infringement on economic rights in the work.

In determining whether the exploitation of a work complies with the reasonable scope referred to in the provisions of Articles 44 through 63, or other conditions of fair use, all circumstances shall be taken into account, and in particular the following facts shall be noted as the basis for determination:

  • The purposes and nature of the exploitation, including whether such exploitation is of a commercial nature or is for nonprofit educational purposes.
  • The nature of the work.
  • The amount and substantiality of the portion exploited in relation to the work as a whole.
  • Effect of the exploitation on the work's current and potential market value.

Where the copyright owner organization and the exploiter organization have formed an agreement on the scope of the fair use of a work, it may be taken as reference in the determination referred to in the preceding paragraph.

In the course of forming an agreement referred to in the preceding paragraph, advice may be sought from the specialized agency in charge of copyright matters.

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