AI-Generated Content and Copyright in Japan: Legal Risks and Guidelines

Under Japan's Copyright Act, works require "creative expression of thoughts or feelings" (Art. 2(1)(i)). AI-generated content may not qualify as a copyrightable work due to lack of human creative contribution (Agency for Cultural Affairs 2023 guidance). However, detailed human direction may create copyrightable output. AI training on copyrighted works is generally lawful for information analysis (Art. 30-4), unless it unduly harms the copyright holder's interests. Risk: AI-generated content may infringe existing copyrights through similarity (Arts. 21-28). Key issues: proving "dependence" on training data. Corporate guidelines should address usage scope, confidential data restrictions, similarity checking, and contractual copyright allocation.