Law in the Internet Society
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Digitizing and Editing Textbooks in Japan

-- By MaikoHayakawa - 20 Nov 2020

1. Overview

Textbooks used in junior high and high schools in Japan are often criticized as failing to introduce diverse and latest views. In this essay, after identifying the background of the problems, I propose digitizing textbooks and allowing people to edit them as a way to improve the textbooks. Then, I discuss current regulations related to my suggestion.

2. Problems of textbooks in Japan

There has been an argument that the contents of the textbooks used in the secondary education in Japan are one-sided, rather than introducing various points of views. Especially, there has been a controversial and long argument about the way the school history textbooks state the facts regarding the actions of the Empire of Japan during World War II. In addition, textbooks are criticized as not timely reflecting the latest research.

3. Background of the problems

Japan has the system of text approval based on the School Education Law. In this system, private publishers create textbooks, but they are required to be examined and approved by the Ministry of Education in order to be used as textbooks in schools. The aims of this process include “the maintenance and improvement of nationwide education standards, guaranteeing of equal opportunities for education, and the maintenance of appropriate educational content as well as securing neutrality in education.” https://www.mofa.go.jp/policy/education/textbooks/overview-2.html These aims are important.

However, this system has the possibility to prevent publishers from introducing diverse views, as whether the content is “appropriate” and “neutral” is examined based on the view of the government. In addition, this process takes a considerable amount of time. “Most textbook projects run at least three years from the launch of the writing committee to the actual use of books in classrooms.” Id. This makes it difficult for textbook makers to promptly reflect the latest research in their textbooks.

4. Suggestion

My suggestion to these problems is to digitize textbooks and allow people to edit them. Comments to the textbooks by others allow readers to widen their views and catch up with the latest research. One of my friends who is a former LLM gave me a paper textbook for Corporations class. He also got this textbook from another former LLM. They jotted down a lot of information, including their ideas, quotation from other sources, and the clue to the latest cases and research, between the lines of the textbook. Through adding information, they edited the textbook. This enabled me to meet diverse thoughts and think deeper about the issues introduced in the textbook, as well as catch up with the latest information. However, this editing and sharing process is difficult to be done in the larger community because copying and sharing physical materials takes a lot of time and costs . On the other hand, digital books can be edited and copied with almost zero additional cost. I use some e-textbooks for classes, too. However, comment sharing on digital textbooks is difficult to be done. Some e-textbooks have a function to allow readers to add comments, but don’t have a function to allow readers to share the commented version of the book with others.

Some might say free editing by people causes confusion for students by making it difficult for them to know which view is currently considered as appropriate by the government. However, this confusion can be prevented by making clear distinction between the original version (contents examined and approved by the government) and the comments added. If who wrote what is clear to the readers, they can have a chance to know diverse views and review them critically.

5. Current regulations related to the suggestion

5.1. Digitalization

In 2018, Japanese government created a guideline which limits the time length schools can use digital textbooks up to half of entire class hours. However, the government has just announced that it started to consider relaxing the limit and digitizing all textbooks. https://mainichi.jp/english/articles/20201006/p2g/00m/0na/123000c

5.2. Copyright Law

Japanese copyright law treats a textbook as a work that is subject to copyright. Basically, the author of a work has “the right to preserve the integrity of that work and its title, and is not to be made to suffer any alteration, cut, or other modification.” Japanese Copyright Act §20(1). http://www.japaneselawtranslation.go.jp/law/detail/?ft=1&re=01&dn=1&x=0&y=0&co=01&ia=03&ja=04&ky=copyright&page=14 Editing (adding comments to) textbooks is likely to be considered as alternation or other modification.

As an exception to §20(1), §20(2)(i) and §33(1) permits “the alteration of a written character or word, or any other modification made to a work when it is exploited” in “a textbook”, if it “is found to be unavoidable for the purpose of school education.” However, “a textbook” here is explicitly defined as “meaning a textbook authorized by the Minister of Education, Culture, Sports, Science and Technology or a textbook under the authorship of the Ministry of Education, Culture, Sports, Science and Technology.” §33(1). Therefore, it seems difficult to think “a textbook” includes a textbook that is edited by people after the government’s authorization. However, the purpose of §20(2)(i) is to prevent the author's right from limiting educational opportunities. As discussed above, sharing comments on textbooks with others is an important way to educate students through providing chances to know diverse thoughts and latest ideas. This matches with the purpose of §20(2)(i). I believe the Act should be modified to clearly allow people to edit textbooks.

6. Conclusion

In conclusion, I believe digitizing and allowing people to edit textbooks can be a way to improve them because such textbooks will give students chances to learn diverse and new ideas. In order to make this happen, current copyright law should be modified.


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r1 - 20 Nov 2020 - 13:38:32 - MaikoHayakawa
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