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5 June 2023CopyrightSarah Speight

Japan govt warned of risks posed by lack of AI regulation

Japan’s new council on AI strategy challenges government over risks presented by absence of AI regulation | Warnings come as government states that copyright protection will not apply when used by AI.

The Japanese government’s newly formed council on artificial intelligence (AI) strategy has raised concerns about the lack of regulation for AI, including the potential risks it poses to copyright infringement.

The council, which comprises AI experts, researchers and politicians, submitted a draft on May 26 to the government (as reported by The Deep Dive) after holding its first meeting only weeks earlier.

The council expressed concerns about the lack of regulation around AI in Japan, including the risks posed to copyright infringement by the unlawful use of data for AI training.

The council’s warnings follow the government’s confirmation during a hearing in April that data used by AI will not be covered by copyright law in Japan.

The government's stance was made clear in the hearing by Keiko Nagaoka, minister of education, culture, sports, science, and technology, in discussion with Japan politician Takashi Kii, who is calling for regulation to protect copyrights in such instances.

Kii said: “When I checked [copyright law] in Japan regarding information analysis by AI, I found that in Japan, whether it is for non-profit purposes, for-profit purposes, or for acts other than duplication, it is obtained from illegal sites,” he wrote in his blog.

Explaining the issues he presented at the hearing, he went on: “I argued that there is a problem from the viewpoint of rights protection that it is possible to use even when it is against the intention of the copyright holder, and that new regulations are necessary to protect the copyright holder.”

Clarification of copyright law

Addressing Minister Nagaoka in the hearing, Kii asked her to clarify whether “...under Japanese law [specifically, Article 30-4 of the Copyright Law] works for non-commercial purposes, commercial purposes, acts other than duplication, and content obtained from illegal sites are not permitted to be used for information analysis”.

Nagaoka replied that "it is possible" to use information analysis for non-commercial purposes and "not for the purpose of enjoying the thoughts or feelings expressed in the work...”

The minister went on to clarify: “In the case of commercial purposes, Article 30-4 of the Copyright Act does not question whether or not information analysis is for commercial purposes. It is possible to use it if it is not for the purpose.”

On the point of reproduction of works, Nagaoka confirmed that “it is possible regardless of which method is used, and if the requirements are met, it is possible to use a method other than reproduction.”

Content from illegal sites

Nagaoka went on to explain Japan’s legal position regarding content obtained from illegal sites: “...the situation and condition in which illegally uploaded works can be used is a problem. You will be subject to criminal penalties.

“On the other hand, when using copyrighted works on the internet for information analysis, it is practically difficult to confirm whether each of the copyrighted works collected in large quantities is legal. It is conceivable that the actual situation makes it difficult to analyse information using data."

“In addition, the act of using a work for information analysis is not intended for the enjoyment of the thoughts or feelings expressed in the work. It does not conflict with the original market for the use of copyrighted material, and does not prejudice the interests of copyright holders protected by copyright law.

“From this point of view, Article 30-4 of the Copyright Act does not require that the work be legal.”

Kii said in response: “I think that the biggest problem is that we have not been able to prevent cases where rights holders and copyright holders are used against their will.

“I think that new regulations are necessary in this regard, but could you consider new regulations to protect copyrights?”

Nagaoka highlighted that copyright law in Japan "is stipulated in consideration of the interests of copyright holders, taking into account the actual state of use and the intentions of the parties concerned, including the right holder.”

She added that: “In any case, the Ministry of Education, Culture, Sports, Science and Technology will continue to advance research on the relationship with copyright, while balancing the protection and use of copyrighted works, based on the progress of new technologies such as AI.”

Wider AI plans

The news follows Australia’s announcement last Thursday (June 1) that it plans to regulate AI in order to ensure the tech is used safely and responsibly.

And the EU is stepping up its efforts to regulate AI as it inches closer to passing the AI Act, thought to be the first of its kind in the world.

And speaking at a news conference on May 31, EU tech chief Margrethe Vestager said that she believed a draft code of conduct on AI could be drawn up within weeks, according to Reuters.

Leaders of the G7 at the Hiroshima Summit also called for pan-global regulation on AI to make the technology “trustworthy”. In a meeting on May 26, they agreed to create a forum called the ‘Hiroshima AI process’ to discuss the issues presented by generative AI, such as copyright and disinformation, by the end of 2023.

This article was updated on June 5 with more details of the hearing in Japan, in which Minister Nagaoka clarified copyright law in relation to use of information by AI.

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