December 4, 2006
Mr. Chad Hurley, CEO
Mr. Steve Chen, CTO
1000 Cherry Avenue
San Bruno, CA 94066
We are right holders in Japanese audio-visual works and are associations of right holders as such. A large amount of audio-visual works are uploaded without right holders' permission on your YouTube.com website, resulting in copyright infringement. To deal with this situation, we have been taking the "Notice and Takedown" procedures based on the U.S. Digital Millennium Copyright Act, which imposes much time and effort on us. However, as a large number of audio-visual works are illegally uploaded despite our notices, we are seriously concerned about the current situation where the Notice and Takedown scheme, aimed to prevent copyright infringements, is not functioning well due to the large volume of illegal uploads.
Taking into account the current status of your service, we believe that your company should not just wait for right owners to take the "Notice and Takedown" procedures but should bear the responsibility to prevent, in advance, copyright infringements such as illegal uploads and distributions, or to avoid those infringements. We hereby request you to implement an infringement-preventive system, which eliminates copyright infringement by employing various technologies of today and the efforts of the website operator, and which identifies and indicates uploaded works from legitimate right holders.
While we expect you to promptly take adequate and necessary measures to prevent copyright infringement on the YouTube website, until you do so, we request you to take provisional measures, including but not limited to those listed below, in order to prevent illegal uploads of audio-visual works, which copyrights are neither owned by the persons posting the works on the website themselves nor licensed by right owners:
||Indicate on the top page of the YouTube website, in Japanese, that "Posting or uploading audio-visual works, which copyrights are neither owned by yourselves nor licensed by right owners, is illegal, and such act may impose you civil and/or criminal liability."
*If necessary, we will provide the Japanese text.
||Register the names and addresses of those users making uploads and to keep such records.
||Terminate the user accounts of those who illegally uploaded audio-visual works deleted on and after June 2006 upon our requests and to not allow them to make further uploads.
We kindly request you respond to this letter no later than December 15, 2006.
Please send your reply to : Network Section, Transmission Rights Department, JASRAC, 3-6-12 Uehara, Shibuya-ku, Tokyo, 151-8540 Japan.
We appreciate your cooperation in this matter.
Motion Picture Producers Association of Japan, Inc.
Deputy General Manager
Japan Video Software Association
The Association of Japanese Animations (AJA)
Association of All Japan TV Program Production Companies (ATP)
Copyright & Contracts Division
Rights & Archives Center
Japan Broadcasting Corporation (NHK)
Digital, Broadcast Promotion Division
The National Association of Commercial Broadcasters in Japan
Rights & Contracts Management
Compliance & Standards Division
Nippon Television Network Corporation
Legal & Business Affairs
Broadcast Content & Rights Management Center
Headquarters Programming and Production
Tokyo Broadcasting System, Inc
Copyrights Intellectual Properties Center
Fuji Television Network, Inc.
Contract & Copyright Department
(Deputy General Manager, Programming & Entertainment Division)
TV Asahi Corporation
TV Tokyo Corporation
Righs Business Department
Television Kanagawa, Inc.
Special Events & Digital Media Bureau
Asahi Broadcasting Corporation
Broadcast Standards, Rights & Contracts
Yomiuri Telecasting Corporation
Copyright Management Department
Tokai Television Broadcasting Co.Ltd.
Copyright Division Director
Japan Satellite Broadcasting Association
Multiwindow Contents & Copyrights Department
Space Shower Networks inc.
Broadcast Planning and programming Division
Department of Broadcasting
The University of the Air Foundation
Strategy Legal Affairs Dept.
Association of Copyright for Computer Software(ACCS)
Center for Performances' Rights Administration(CPRA)
Director & General Manager
Recording Industry Association of Japan(RIAJ)
Chief Compliance Officer & VP
Yahoo! JAPAN Corporation
Transmission Rights Department
Japanese Society for Rights of Authors, Composers and Publishers(JASRAC)