Copyright

Letter From Japan to Canada

Auckland, February 4, 2016

The Honourable Chrystia Freeland
Minister of International Trade
Canada

Excellency,

I have the honor to confirm the following understanding with regard to the implementation of Article 18.63 (Term of Protection for Copyright and Related Rights) and 18.70 (Collective Management) of the Trans-Pacific Partnership Agreement (the Agreement) signed on this day:

• (i) The Government of Japan and the Government of Canada recognize and invite attention to the fact that the term of protection for copyright and related rights to be provided in Japan, as provided for in the Agreement as of the date of the entry into force of the Agreement for Japan, will exceed the term of protection theretofore provided in Japan, including any adjustment portion provided pursuant to paragraph (c) of Article 15 of the Treaty of Peace with Japan signed at San Francisco on 8 September 1951 (the Treaty) with regard to the works covered by that paragraph.
• (ii) In connection with paragraph (i), and recognizing the importance of efficient collection and distribution of royalties between Japan and Canada as well as administrative burdens that may be associated with the calculation of copyright term pursuant to relevant reciprocal agreements between their counterpart collective management societies, the Government of Japan and the Government of Canada encourage and welcome industry-led dialogue to be held between individual collective management societies and affected rights holders with a view to addressing and resolving these matters in a manner consistent with their respective governing documents and applicable law.
• (iii) The Government of Japan and the Government of Canada intend to meet, as appropriate, to review the status of the dialogue referred to in paragraph (ii) and to discuss other appropriate steps in relation to the issues covered by this letter.

Additionally, I have the honor to confirm, on behalf of the Government of Japan, that nothing in this letter is intended to affect the rights and obligations of Japan and Canada under paragraph (c) of Article 15 of the Treaty.

I would be grateful if you would confirm by reply letter, equally valid in English and French, that this understanding is shared by your government.

Sincerely,

Shuichi Takatori
State Minister of Cabinet Office of Japan