اليابان

Date of Judgment: January 18, 2011

Issuing Authority: Supreme Court

Level of the Issuing Authority: Final Instance

Type of Procedure: Judicial (Civin( �/span>

Subject Matter: Copyright and Related Rights (Neighboring Rights)

Summary of the judgment (decision):

1. A device which, when connected with a telecommunications line provided for use by the public, functions to automatically transmit, upon request by the receiver, the information input into said device, is regarded as an automatic public transmission server even if the device only functions to perform transmission to a single apparatus designated in advance, as far as the transmission performed by said device can be said to constitute automatic public transmission.

2. Where a device which, when connected with a telecommunications line provided for use by the public, functions to automatically transmit, upon request by the receiver, the information input into said device, is connected with a telecommunications line provided for use by the public, and information is continuously input into said device, the person who inputs information into said device is considered to be the party who performs transmission.