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Legal Issues in Generative AI under Japanese Law – Copyright

Recently, generative AI (“GenAI") has become a major topic of discussion around the world, and Japan is no exception. GenAI can increase human productivity greatly, but there are legal issues involved in its development and use that individuals, and businesses in particular, should understand. As such issues are vast, given the wide ranging impacts of GenAI, this series of newsletters will focus on one area of Japanese law at a time, beginning with copyright-related issues. Copyright infringement issues arise when using someone else's work as “training data ” or “prompts, ” or when AI-generated material resembles someone else's work. Appropriate exploration of such copyright issues requires separate examination of GenAI’s four stages of use:
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福岡 真之介

In the area of Robotics/Artificial Intelligence, Shin Fukuoka mainly handles AI, Big Data and IoT. He acts as a Member of The Cabinet Office’s “Committee on Human-centered AI Social Principles” and Committee Member of the Ministry of Economy, Trade and Industry Investigative Commission on "The AI and Data Contract Guidelines Review Committee". In the area of Corporate, he mainly handles M&A and Corporate Governance. In the area of Restructuring/Insolvency, he has been involved in numerous restructuring and insolvency cases, with a focus on cross-border insolvency cases, representing both debtor parties and creditor parties. Most recently, he represented Daiichi Chuo Kisen Kaisha and Japan Airlines as a legal counsel of the debtor and Elpida, Takefuji and Mt.Gox as a creditor’s counsel. He has also contributed to many publications, including "Law and Strategy of the Internet of Things and Artificial Intelligence", "Artificial Intelligence: Law and Issues" and "Data Contract Law".

村田 知信

Since 2010, he has been continuously handling transactions, disputes, and regulatory matters related to IT technology and the IT industry, intellectual property matters including measures against counterfeit products, and data protection matters concerning personal data and trade secrets. He also has abundant knowledge on cybersecurity practices and is registered as a registered information security specialist (national qualification in Japan). After studying in the U.S. and the U.K., he moved to Vietnam and then Thailand. Since then, he has been involved in the above-mentioned matters not only in Japan but also in Vietnam, Thailand, Singapore, Indonesia, and other Southeast Asian countries. While there are few Japanese lawyers in Southeast Asia who specialize in the above-mentioned matters, he supports international companies by utilizing both his abundant knowledge and practical experience in the above-mentioned matters and his local experience and network in Southeast Asia.