Increasingly concerned with unlicensed ingestion of copyrighted workd, the Copyright Overseas Distribution Association (CODA), a Japan-based copyright advocate, has made an at-large request to companies offering or operating generative AI services.
CODA observes that “AI training materials are being reproduced as concrete outputs, generating images/videos identical or highly similar to existing Japanese content.”
“In light of the current situation surrounding generative AI services, CODA requests the following from businesses engaged in the development and provision of generative AI services:
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- Conduct and continue sufficient investigations into whether outputs highly similar to existing copyrighted works are being generated, and prevent in advance the generation of images/videos identical or highly similar to existing copyrighted works.
- Based on the investigation described in (1), or claims raised by rights holders, do not use content owned by CODA member companies as training material without authorization if outputs highly similar to existing works are being generated.
- Respond sincerely to requests and consultations from rights holders.
Regarding AI training, we are aware that there is a view that, based on Article 30-4 of the Japanese Copyright Act, such use may be permitted in certain cases as “use for non-enjoyment purposes.” However, under the current situation, training materials are being reproduced as concrete outputs, generating images/videos identical or highly similar to existing Japanese content.
CODA believes that training which results in such generation constitutes “use for enjoyment purposes,” and even if training may have aspects of non-enjoyment purposes, it effectively coexists with enjoyment purposes in practice.
Accordingly, CODA believe that, in many current service operations, the acts of reproduction carried out during the training process themselves may constitute copyright infringement.
CODA’s position on AI
“Generative AI should be used as a technology that respects and supports human creativity. Generating images/videos highly similar to the expressions of existing copyrighted works through unauthorized use constitutes a serious problem that undermines creators’ rights and the foundation of creative activity,” said CODA.
“The current situation, in which images/videos highly similar to existing copyrighted works are being trained on, generated, and output without authorization from rights holders, constitutes copyright infringement. CODA hereby reiterates its position and calls for this understanding to be properly shared.”
The Japanese government has also expressed the view that “with respect to the use of copyrighted works, it is clear under both domestic law and treaties that authorization from rights holders is the principle, and the current situation in which unauthorized use is occurring cannot be overlooked.”
Why it matters
In recent years, generative AI services have been announced one after another, particularly by overseas generative AI businesses. AI technology has significant potential, including improving work efficiency and supporting creative activities.
“For AI to be accepted by society with confidence,” said CODA, “it is essential to respect the rights of content creators and copyright holders. Even in the case of generative AI services deployed across borders, the rights of Japanese copyrighted works and creators must, naturally, be respected.”
The core issue is that AI businesses are generating outputs highly similar to existing copyrighted works, and these are broadly influential to the general public.
Further reading
Statement on the current state of copyright infringement by generative AI services and the protection of rights. Press release. May 27, 2026. Content Overseas Distribution Association (CODA), Japan
