The Japanese Society for Rights of Authors, Composers and Publishers (JASRAC) has compiled and announced the following "Basic Position on the Issue of Generative Artificial Intelligence (AI) and Copyright" based on a resolution made at its Board of Directors meeting on July 5, 2023.

JASRAC will continue to explore and propose a framework for AI utilization that is in harmony with the cycle of creation, allowing creators to concentrate on their creative activities.


1. Respecting human creativity and achieving harmony with the cycle of creation is essential.

The development and use of generative AI can prove beneficial for both creators and cultural development if they are harmonious with the creative cycle.

However, there are concerns that if generative AI boundlessly utilizes copyrighted works, which are the cultural product of creators, at scales and speeds far surpassing human capacities, leading to a massive proliferation of AI-generated products that could substitute for copyright works, it could disrupt the cycle of creation and impede the sustainable development of culture and art.


2. Allowing free riding would not be considered fair.

If the provisions of Article 30-4 of the Copyright Law of Japan were interpreted to allow in principle free use of copyrighted works for profit-oriented generative AI development, it would essentially permit free riding on the efforts, talent and hard work of many creators, which would be unfair.

The fact that there are some opinions in Japan which state that such free riding by AI developers is acceptable raises great concern.


3. Ensuring international harmonization is essential as AI has no borders.

As Japan's AI Strategy Council states, AI technology is borderless and easily disseminated internationally, and thus will have a global impact, necessitating globally common general understandings and consistent rules to ensure harmony. Various challenges related to AI should be addressed from the viewpoint to promote "responsible AI" and to "advance transparency" as outlined in the G7 Hiroshima Leaders' Communiqué.

Japan is the only G7 country that possesses a legal framework imposing limitations on copyright based on the viewpoint that use of copyright works in the learning process of generative AI do not have the purpose of enjoying "ideas or sentiments expressed in copyrighted works." This is a major concern from the perspective of harmonization.


4. Creators' voices should be heard, and their concerns should be addressed.

As evident from points 1 to 3 above, numerous creators currently have concerns about generative AI.

To promote domestic discussions and to achieve international harmonization, it is imperative to listen to creators' opinions extensively and carefully.

Furthermore, resolving these concerns is necessary for the sustainable development of culture, art and creative industries, so that creators worldwide can devote themselves to creative activities.