A Comparative Study on the Fair Use Doctrine in Copyright Laws of Sri Lanka and Japan

Abstract

This is a comparison on clauses regarding fair use doctrine between the Sri Lanka Intellectual Property Act No. 36 of 2003 and the Japan Copyright Act No. 35 ofMay 14, 2014. The objective was to shed light on the Sri Lankan copyright law from the more recent upgrade of relevant Japanese law. Observations confirmed that the influence of librarians on the preparation of the copyright law in Japan had been remarkable, to counterbalance the pressures from Publishers. Also, the Japanese librarians actively engage in protecting the copyright of owners while providing access. Relevant Sri Lankan law also supports public lending and reprography for personal use. However, it should be made more comprehensive on the extent allowed for copying, especially regarding copying of digital content. In addition, it is recommended that Sri Lankan librarians be trained on copyright laws and relevant court cases on an ongoing basis. However, the proper balance should be maintained between control and provision, as Sri Lankan scholars still lack access to content when compared to Japan.