The original links here, to the actual question asked and the answer by the minister: https://kiitaka.net/21312/
Kii: Next question, again regarding generative AI. I would like to ask from the two perspectives of copyright protection and educational use. [...] First, can we understand that Japanese law permits the use of works for information analysis, both for non-commercial and commercial purposes, and acts other than copying, and using content that was uploaded illegally?
Nagaoka: Use for non-commercial information analysis is permitted under Article 30-4 of the copyright act, provided that the purpose is not the enjoyment of the ideas and emotions expressed in the copyrighted work.
Kii: Minister, I asked about four aspects of use for information analysis: non-commercial use, commercial use, acts other than copying, and illegally uploaded content. Please address the other three.
Nagaoka: Use for commercial purposes is permitted under Article 30-4 of the copyright act, provided that the purpose is not the enjoyment of the ideas and emotions expressed in the copyrighted work, because that Article does not distinguish between information analysis for commercial or non-commercial purposes.
Regarding copying, Article 30-4 of the Copyright Act does not distinguish based on the method of use, so use by means other than copying is permitted provided that the criteria are met.
[...] Regarding content obtained from piracy sites and the like, [...] illegal uploading itself is infringement of copyright, and is subject to a damage claim, petition for injunction, or criminal punishment. However, it is not practically feasible to identify whether any particular work in a large collection obtained from the internet is copyrighted or not, so making this a criterion for information analysis would make it difficult to use information analysis for Big Data.
In addition, as the use of a work for information analysis is not use for the purpose of enjoyment of the ideas or emotions expressed in the work, and even if [it were used in that manner] it would not overlap with the original market for the use of the work, so it is not considered to harm the interests of the copyright holder that are protected by the Copyright Act.
As such, Article 30-4 of the Copyright Act does not have the legality of the work as a criterion.
Kii: Minister, based on your answer, I think the greatest issue is that there is no protection against use that goes against the intentions of the creator or the copyright holder. I believe that new regulations will be necessary to address this point; will you consider such new regulations?
Nagaoka: Article 30-4 of the Copyright Act provides for use that is not for the purpose of enjoying the ideas or emotions expressed in the work, and applies to acts that are considered not to affect the opportunities to collect revenues from the work, and not to harm the interests of the copyright holder protected by the Copyright Act.
That Article also provides that the use is limited to the extent considered necessary, and it does not apply to cases where the interests of the copyright holder are unduly harmed. [...]