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著作権法第37条第3項適用施設の告示が出ました(8/25付け)が...

お久しぶりです。
昨年の著作権法の改正(平成の大改正、と呼び習わされているそうですが)で、視覚障害を持つ方々などの、視覚からの情報認識が難しい方々に対する表現方法の変換が大幅に拡張され、また、この変換を行える施設の範囲が大幅に広がった(図書館などにまで)ことはご存知のとおりかと思います。

ただ、視覚障害者向けの社会福祉施設や公共図書館、大学図書館、学校図書館、国立国会図書館などではない施設がこの条文に基づき無許諾で変換を行おうとする場合には、文化庁長官の指定を受けなければならないことになっています。

それで、平成22年4月9日付け文化庁告示第15号で、リハ協など計5施設が指定されたわけですが、同じ年(=今年)の8月25日付けの文化庁告示第43号というものが出され、新たに、何と愛知県図書館が指定されたというのです!

あれ?愛知県図書館は公共図書館じゃないの?と思うと思うのですが、ここにいう「公共図書館」とは、「図書館法第2条第1項の図書館」のことなので、愛知県図書館はこれに当てはまらないらしいのです。
(愛知県図書館は、その前身が文化会館の図書室というくらいで、いわば公民館図書室の巨大版、といった位置づけのようなのです)

なるほど、これは面白い、それじゃナゼ著作権法第31条第1項第1号に基づくコピーができるのか、といいますと、こちらの方は、図書館法第2条第1項の図書館でなくても、「図書、記録その他著作物の原作品又は複製物を収集し、整理し、保存して一般公衆の利用に供する業務を主として行う施設で法令の規定によつて設置されたもの」であれば、適用することができることになっているからなのです(著作権法施行令第1条の3第4項)。

今度の37条3項適用施設の場合は、この規定がない(著作権法施行令第2条を参照)ので、個別指定が必要になった、そういうことのようです。

とすると、聞くところによりますと、1990年代から図書館法に基づかないで設置された図書館って増えてきた(あるブログによると奈良県立図書情報館さんも??)ってことなのですが、これらの図書館も37条3項を適用しようとしたら文化庁長官の指定を受けなければならないことに...ううむ。

8月25日付けの方はまだネット上で全文掲載されていないようですので(官報DBの方はすでに削除済み)、以下のとおり掲載しておきます。


○文化庁告示第四十三号
 著作権法施行令(昭和四十五年政令第三百三十五号)第二条第一項第二号
に基づき、著作権法(昭和四十五年法律第四十八号)第三十七条第三項の視
覚障害者等のための複製又は自動公衆送信が認められる者として、次に掲げ
る者を平成二十二年八月十一日付けで指定したので、同令第二条第二項に基
づき告示する。

    平成二十二年八月二十五日      文化庁長官  近藤 誠一

 愛知県(ただし、愛知芸術文化センター愛知県図書館が実施する業務に限
 る。)

あと、4月9日付けの告示の方も、リハ協HPなどで閲覧できますが、まとめて見れた方が便利でしょうから、ここにも掲載しておきます。

〇文化庁告示第十五号
 著作権法施行令(昭和四十五年政令第三百三十五号)第二条第一項第二号
に基づき、著作権法(昭和四十五年法律第四十八号)第三十七条第三項の視
覚障害者等のための複製又は自動公衆送信が認められる者として、次に掲げ
るものを平成二十二年四月一日付けで指定したので、同令第二条第二項に基
づき告示する。

   平成二十二年四月九日        文化庁長官  玉井 日出夫

特例民法法人日本障害者リハビリテーション協会
特定非営利活動法人ロバの会
特定非営利活動法人奈良DAISYの会
特定非営利活動法人点訳・音声訳集団一歩の会
特例民法法人伊藤忠記念財団

|

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