Copyright Law
Chapter I General Provisions
Section 1 General Rules
(Purpose)
. :rr otr�WIPO COLLECTION OF LAWS RECEIVED: (/.t� 2lJo r
As amended by: Law No.49, ofMay 18, 1978,
Law No.45, ofMay 19, 1981,
Law No.78, ofDecember 2, 1983,
Law No.23, ofMay 1, 1984,
LawNo.46, ofMay 25, 1984,
Law No.62, ofJune 14, 1985,
Law No.64, ofMay 23, 1986,
Law No.65, ofMay 23, 1986,
Law No.87, ofNovember 1, 1988,
LawNo.43, ofJune 28, 1989,
Law No.63, ofMay 2, 1991,
Law No.106, ofDecember 16, 1992,
Law No.89, ofNovember 12, 1993,
Law No.l12, ofDecember 14, 1994,
Law No.9i, ofMay 12, 1995,
Law No.l17, ofDecember 26, 1996,
Law No.86, ofJune 18, 1997,
Law No.101, ofJune 12, 1998,
Law No.43, ofMay 14, 1999,
Law No.77, ofJune 15, 1999,
Law No.160, ofDecember 22, 1999,
Law No.220, ofDecember 22, 1999,
Law No.56, ofMay 8, 2000,
Law No. 72, ofJune 19, 2002, and
Law No. 85, ofJune 18, 2003)
Article 1. The purpose of this Law is, by providing for the rights of authors and the rights neighboring thereon with respect to works as well as performances, phonograms, broadcasts and wire diffusions, to secure the protection of the rights of authors, etc., having regard to a just and fair exploitation of these cultural products, and thereby to contribute to the development of culture.
(Definitions) Article 2. (1) In this Law, the following terms shall have the meaning hereby assigned to them respectively:
(i) "work" means a production in which thoughts or sentiments are expressed in a creative way and which falls within the literary, scientific, artistic or musical domain;
(ii) "author" means a person who creates a work; (ill) ''performance" means the acting on stage, dancing, musical playjng, singing, delivering,
declaiming or performing in other ways of a work, and includes similar acts not irivolving
the performance of a work which have the nature of public entertainment;
(iv) "performers" means actors, dancers, musicians, singers and other persons who give a
performance as well as those who conduct or direct a performance;
(v) "phonograms" means fixations of sounds on phonographic discs, recording-tapes and other
material forms, excluding those intended for use exclusively with images;
(vi) "producers of phonograms" means those who first fix the sounds contained in phonograms; (vii) "commercial phonograms" means copies of phonograms made for commercial purposes;
(viibis) ''public transmission" mearis the transmission of radio communication or
wire-telecommunication intended for direct reception by the public, excluding the
transmission (other than that of program works) by wire-telecommunication installations
one part of which is located on the same premises where the other part is 1ocated or, ifthe premises are occupied by two or more persons, both parts of which axe located within the area therein occupied by one person;
(vili) "broadcasting" means the public transmission of radio communication intended for simultaneous reception by the public of the transmission having the same contents;
(ix) "broadcasting organizations" means those who engage in the broadcasting business;
(ixbis) "wire diffusion" means the public transmission of wire-telecommunication intended for simultaneous reception by the public of the transmission having the same contents;
(ixtelj "wire diffusion organizations" means those who engage in wire diffusion service;
(ixquate� "interactive transmission" means the public transmission made automatically in response to a request from the public, excluding the public transmission falling within the
term "broadcasting" or "wire-diffusion";
(ixquinqmes) "making transmittable" means the putting in such a state that the interactive transmission can be made by either of the following acts:
(a) to record information on public transmission memory of an interactive transmission server
already connected with telecommunication networks for the use by the public ("interactive transmission server" means a device which, when connected with telecommunication
networks for the use by the public, has a function of making the interactive transmission of information which is either recorded on such a part of its memory as used for the interactive transmission (hereinafter in this item referred to as "public transmission
memory" or inputted to such device; the same shall apply hereinafter), to add a memory
recording information as a public transmission memory of such an interactive transmission server, to convert such a memory recording information into a public transmission memory of such an interactive transmission server, or to input information to such an interactive transmission server;
(b) to connect with telecommunication networks for the use by the public an interactive transmission server which records information on its public transmission memory or which
inputs information to itself. In this case, where a connection is made through a series of acts such as wiring, starting of an interactive transmission server or putting into operation of
programs for transmission or reception, the last occurring one of these acts shall be considered to constitute the connection.
(x) "makers of cinematographic works" means those who take the initiative iri, and the responsibility for, the making of a cinematographic work;
&.his) "program" means an expression of combined instructions given to a computer so as to make it function and obtain a certain result;
(xtm� "databases" means an aggregate of information such as articles, numericals or diagrams, which is systematically constructed so that such information can be searched for with the aid of a computer;
(xi) "derivative work" means a work created by translating, arranging musically, transforming, or dramatizing, cinematizing or otherwise adapting a pre-existing work;
(xjj) "joint work" means a work created by two or more persons in which the contribution of each person cannot be separately exploited;
(xili) "sound recording" means the fixation of sounds on some material forms and the multiplication of such :fixation;
(xiv) "visual recording" means the :fixation of a sequence of images on some material forms and the multiplication of such fixation;
(xv) "reproduction" means the reproduction in a tangible form by means of printing, photography, polygraphy, sound or visual recording or otherwise; and
(a) in the case of dramas and other similar dramatic works, it includes sound and visual recording of the actings, broadcasts or wire diffusions of these works; and
(b) in the case of architectural works, it includes the construction of an architectural work according to its plan;
(xvi) "acting" means the performance of works by means other than musical playing ("musical playing" includes singing; the same shall apply hereinafter);
(xvjj) "presentation" means the projection of a work (other than that transmitted publicly) on the screen or other material forms, and includes such an intangible reproduction of sounds fixed in a cinematographic work as made in company with its projection;
(xvii:i) "recitation"means the oral communication by means of reading or otherwise, not falling within the term "performance";
(xix) "distribution" means the transfer of ownership and lending of copies of a work to the public, whether with or without payment, and in the case of a cinematographic work or a work reproduced therein, it includes the transfer of ownership and lending of copies of such work for the purpose of making a cinematographic work available to the public;
(xx) "technological protection measures" means measures to prevent or deter such acts as constitute infringements on moral rights of authors or copyright mentioned in Article 17, paragraph (1) or moral rights of performers mentioned in Articles 89, paragraph (1) or neighboring rights mentioned in Article 89, paragraph (6) (hereinafter in this item referred to as "copyright, etc.") ("deter" means to deter such acts as constitute infringements on copyright, etc. by causing considerable obstruction to the results of such acts; the same shall apply in Article 30, paragraph (1), item (ii)) by electronic or magnetic means or by other means not perceivable by human perception (in next item referred to as "electro-magnetic means"), excluding such measures as used not at the will of the owner of copyright, etc., which adopt systems of recording in a memory or transmitting such signals as having specific effects on machines used for the exploitation of works, performances, phonograms, broadcasts or wire diffusions (in next item referred to as "works, etc.") ("exploitation" includes acts which would constitute infringements on moral rights of authors of performers if done without the consent of the author or the performer), together with works, performances, phonograms, or sounds or images of broadcasts or wire diffusions.
(:xxj) "rights management information" means information concerning moral rights or copyright mentioned in Article 17, paragraph (1) or rights mentioned in Article 89, paragraphs (1) to (4) (hereinafter in this item referred to as "copyright, etc.") which falls within any of the following (a); (b) and . (c) and which is recorded in a memory or transmitted by electromagnetic means together with works, performances, phonograms, or sounds or images of broadcasts or wire diffusions, excluding such information as not used for knowing how works, etc. are exploited; for conducting business relating to the authorization to exploit works, etc. and for other management of copyright, etc. by computer:
(a) information which specifies works, etc., owners of copyright, etc. and other matters specified by Cabinet Order;
(b) information relating to manners and conditions of the exploitation in case where the exploitation of works, etc. is authorized;
(c) information which enables to specify matters mentioned in (a) or (b) above in comparison with other information.
(xxii) "this country" means the jurisdiction within which this Law is effective. (2)As used in this Law, "artistic work" includes a work of artistic craftsmanship (3) As used in this Law, "cinematographic work" includes a work expressed by a process producing
visual or audio-visual effects analogous to those of cinematography and fixed in some material form.
(4) As used in this Law, "photographic work" includes a work expressed by a process analogous to photography.
(5) As used in this Law, "the public" includes a large number of specific persons. (6) As used in this Law, "legal person" includes non�juridical associations or foundations having
representatives or administrators. (7) In this Law, "performance" and "recitation" include the performance or recitation of a work by
means of sound or visual recordings, not falling within- the term "public transmission" or "presentation" and the communication by means of telecommunication installations of performances or recitations of works, not :falli.ng within the term "public transmission".
(8) In this Law, "lending" includes any kind of similar acts of making acquire an authority to use, whatever may be their purpose or means.
(9) In this Law, the meanings assigned to the terms defined in paragraph (1), items (viib.z8), (viii), (ixbiBJ, (ixquaten, (ixquinqwes) and (xjjj) to (xix) and the preceding two paragraphs shall also apply to their variant forms, as the case may be.
(Publishing of works) Article 3. (1) A work has been "published" when copies of the work have been reproduced and distributed by a person who has the right mentioned in Article 21 or with the authorization of such person ("authorization" meari.s the authorization to exploit a work under the provision of Article 63, paragraph (1); the same shall apply hereinafter in this and next Chapters, except Article 4bis and Article 63) or by a person in favour of whom the right of publication mentioned in Article 79 has been established, · in such sufficient quantities as satisfY the reasonable requirements of the public, having regard to the nature of the work (without prejudice to the right of a person who has the right mentioned in Article 26 or Article 26bis, paragraph (1) or Article 26tm1.
(2) A work shall be considered as having been "published" when copies of its translation have been reproduced and distributed, in such quantities as provided for in the preceding paragraph, by a person who has the same right as that mentioned in Article 21 in accordance with the provisions of Article 28 or with the authorization of such person (without prejudice to the right of a person who has the same right as that mentioned in Article 26, Article 26bis, paragraph (1)
orArticle 26terin accordance with the provision ofArticle 28). (3) A person who would have the right mentioned in any of the preceding two paragraphs if this
work were protected under this Law or a person who obtained the authorization to exploit the work from such person shall be considered to be a person who has such right or a person who obtained the authorization from such person, and the provisions of these paragraphs shall apply with respect to those persons.
(Making public ofworks) Article 4. (1) A work has been "made public" when it has been published, or when ithas been made available to the public, by a person who has the rights mentioned in Articles 22 to 25 or with the authorization of such person, by means of performance, presentation, public transmission, recitation or exhibition. In the case of architectural works, a work also has been "made public" when it has been constructed by a person who has the right mentioned in Article 21 or with the authorization ofsuch person.
(2) A work shall be �onsidered as having bei:m "made public" when it has been put, by a person having the rights mentioned in Article 23, paragraph(1) or with the authorization of such person, in such a state that it can be made transmittable. .
(3) A work shall be considered. as having been "made public" when its translation has been made available to the public, by a person who has the same rights as those mentioned in Articles 22 to 24 in accordance with the provision ofArticle 28 or with the authorization ofsuch person, by means of performance, public transmission or recitation, or when such translation has been made transmittable by a person who has the same rights as those mentioned in Article 23, paragraph(1) in accordance with the provision of Article 28 or with the authorization of such person.
(4) An artistic work or a photographic work shall be considered as having been "made public" when it has been exhibited, by such a person as mentioned in Article 45, paragraph (1), in such a manner as provided for in thatparagraph.
(5) A person who would have the right mentioned in paragraphs (1) to (3) ofthis Article ifhis work were protected under this Law or a person who obtained the authorization to exploit the work from such person shall be considered to be a person who has such right or a person who obtained the authorization from such person, and the provisions of these paragraphs shall apply with respect to those persons.
(Publishing ofphonograms) Article 4bis. A phonogram has been "published" when copies of the phonogram have been reproduced and distributed by a person who has the right mentioned in Article 96 or with the authorization of such person ("authorization" means the authorization to exploit a phonogram under the provision ofArticle 63, paragraph (1) which shall apply mutatis mutandisin Article 103; the same shall apply in Chapter rv, Sections 2 and 3), in such sufficient quantities as satisfY the reasonable requirements ofthe public, having regard to the nature ofthe phonogram (without prejudice to the right of a person who has the right mentioned in Article 97his, paragraph (1) or Article 97te1; paragraph (1)).
(Priority ofinternational treaty) Article 5. Ifan international treaty provides otherwise with respect to the rights of authors and the rights neighboring thereon, the provisions thereof shall prevail.
Section 2 Scope ofApplication
(Works) Article 6. The following shall be granted protection under this Law:
(l) works ofJapanese nationals ("Japanese nationals" includes legal persons established under the Japanese law and those who have theirprincipal offices in this country; the same shall apply hereinafter);
(ill works first published in this country, including those first published abroad and published in this country within thirty days ofthat first publication;
(iii) works not falling within those mentioned in the preceding two items, to which Japan has the obligation to grantprotection under an international treaty.
(Performances) Article 7. The following shall be granted protection under this Law:
(l) performances which take place in this country; (ill performances fixed in the phonograms mentioned in item (l) or (ill ofthe nextArticle; (iii) performances transmitted throughthe broadcasts mentioned in Article 9, item (l) or (ill,
excluding those incorporated in sound or visual recordings before the transmission with the authorization ofthe performers concerned;
(iv) performances transmitted through the wire dif:'ftisions mentioned in each item: ofArticle 9bis, excluding those incorporated in sound or visual recordings before the transmission with the authorization ofthe performers concerned;
(v) any ofthe following performances not falling within those mentioned in the preceding four items:
(a) performances which take place in a Contracting State ofthe International Convention for the Protection ofPerformers, Producers ofPhonograms and Broadcasting Organizations (hereinafter referred to as "the Convention for the Protection ofPerformers, etc.");
(b) performances fixed in the phonograms mentioned in item (iii) ofthe next Article; (c) performances transmitted through the broadcasts mentioned in Article 9, item (iii),
excluding those incorporated in sound or visual recordings before the transmission with the authorization ofthe performers concerned;
(vi) any ofthe following perfonnances not falling within those mentioned in the preceding five items:
(a) performances which take place in a Contracting Party to the WIPO Performances and
(b) (vii)
Phonograms Treaty (hereinafter referred to as "the WPPT"); performances fixed in the phonograms mentioned in item (iv) ofthe nextArticle;
any ofthe following performances not falling within those mentioned in the preceding six items:
(a) performances which take place in a member ofthe World Trade Organization; (b) performances fixed in the phonograms mentioned in item (v) ofthe next .Article; (c) performances transmitted through the broadcasts mentioned in Article 9, item (iv),
excluding those incorporated in sound or visual recordings before the transmission with the authorization ofthe performers concerned.
(Phonograms) Article 8. The following shall be granted protection under this Law:
(l) phonograms the producers ofwhich are Japanese nationals; (ill phonograms composed ofthe sounds which were first fixed in this country;
(iii) any of the following phonograms not falling within those mentioned in the preceding two items:
(a) phonograms the producers of which are nationals of any of the Contracting States of the Convention for theProtection ofPerformers, etc. ("nationals" includes legal persons established under the law of such State and those who have their principal offices in such State; the same shall apply hereinafter)
(b) phonograms composed of the sounds which were first fixed in any ofthe Contracting States of the Convention for theProtection ofPerformers, etc.;
(iv) any ofthe following phonograms not falling within those mentioned in the preceding three items:
(a) phonograms the producers of which are nationals of any of the ContractingParties to the WPPT ("nationals" includes legal persons established under the law of such Contracting Party and those who have their principal offices in such ContractingParty; the same shall apply hereinafter);
(b) phonograms composed of the sounds which were first fixed in any of the Contracting Parties to the WPPT;
(v) any of the following phonograms not falling within those mentioned in the preceding four items:
(a) phonograms the producers of which are nationals of any of the members of the World Trade Organization ("nationals" includes legal persons established under the law of such member and those who have their principal offices in such member; the same shall apply hereinafter.);
(b) phonograms composed of the sounds which were first fixed in any of the members ofthe World Trade Organization;
(vi) phonograms not falling within those mentioned in the preceding five items, to which Japan has the obligation to grant protection under the Convention for theProtection ofProducers ofPhonograms Against Unauthorized Duplication of TheirPhonograms (in Article 121bz8, item (ii), referred to as "thePhonograms Convention").
(Broadcasts) Article 9. The following shall be granted protection under this Law:
(i) broadcasts transmitted by broadcasting organizations of Japanese nationality;
(ii) broadcasts transmitted from transmitters situated in this country; (iii) any of the following broadcasts not falling within those mentioned in the preceding two
items:
(a) broadcasts transmitted by broadcasting organizations who are nationals of any of the Contracting States of the Convention for theProtection ofPerformers, etc.;
(b) broadcasts transmitted from transmitters situated in any of the Contracting States of the Convention for theProtection ofPerformers, etc.;
(iv) any of the following broadcasts not falling within those mentioned in the preceding three items:
(a) broadcasts transmitted by broadcasting organizations who are nationals of any of the members of the World Trade Organization;
(b) broadcasts transmitted from transmitters situated in any of the members of the World Trade Organization.
(Wire diffusions) Article 9bis. The following shall be granted protection under this Law:
(i) wire diffusions transmitted by wire diffusion organizations of Japanese nationality (excluding those made upon receiving broadcasts; the same shall apply in the next item);
(ii) wire diffusions transmitted from wire transmitters situated in this country.
Chapter IT Rights of Authors
Section 1 Works
(Classification of works) Article 10. (1) As used in this Law, "works" shall include, in particular, the follovvin_g:
(i) novels, dramas, articles, lectures and other literary works; (ii) musical works; (iii) choreographic works and pantomimes; (iv} paintings, engravings, sculptures and other artistic works; (v) architectural works;
(vi) maps as well as figurative wo:rks of a scientific nature such as plans, charts, and models;
(vii) cinematographic works; (viii) photographic works; (ix) program works.
(2) News of the day and miscellaneous facts having the character of mere items of information shall not fall within a term "works" mentioned in item (i) of the preceding paragraph.
(3) The protection granted by this Law to works mentioned in paragraph (1), item (ix) shall not extend to any programming language, rule or algorithm used for making such works. In this case, the following terms shall have the meaning hereby assigned to them respectively:
(i) "programming language" means letters and other symbols as well as their systems for use as means of expressing a program;
(ii) "rule" means a special rule on how to use in a particular program a programming language mentioned in the preceding item;
(iii) "algorithm" means methods of combining, in a program, instructions given to a computer.
(Derivative works) Article 11. The protection granted by this Law to derivative works shall not prejudice the rights of authors of pre-existing works.
(Compilations) Article 12. (1) Compilations (not falling within the term "databases"; the same shall apply hereinafter) which, by reason of the selection or arrangement of their contents, constitute intellectual creations shall be protected as independent works.
(2) The provision of the preceding paragraph shall not prejudice the rights of authors of works which form part of compilations defined in that paragraph.
(Database works) Article 12h.is. (1) Databases which, by reason of the selection or systematic construction of information contained therein, constitute intellectual creations shall be protected as independent works.
(2) The provision of the preceding paragraph shall not prejudice the rights of authors ofworks which form part of databases defined in that paragraph.
(Works not protected) Article 13. The following shall not form the subject matter of the rights provided for in this Chapter:
G) the Constitution and other laws and regulations; (ii) notifications, instructions, circular notices and the like issued by organs of the State or local
public entities or independent administrative organs {"independent administrative organs" means those mentioned in Article 2, paragraph (1) of the Law for General Rules for Independent Administrative Organs CLaw No.103, of 1999); the same shall apply hereinafter);
(iii) judgments, decisions, orders and decrees of law courts, as well as rulings and decisions made by administrative organs in proceedings similar to judicial ones;
(iv) translations and compilations, of those materials mentioned in the preceding three items, made by organs of the State or local public entities or independent administrative organs.
Section 2 Authors
(Presumption of authorship) Article 14. A person, whose name or appellation (hereinafter referred to as "true name"), or whose generally known pen name, abbreviation or other substitute for his true name (hereinafter referred to as "pseudonym") is indicated as the name of the author in the customary manner on the original of his work or when his work is offered to or made available to the public, shall be presumed to be the author of that work.
(Authorship of a work made by an employee in the course of his duties) Article 15. (1) The authorship of a work (except a program work) which, on the initiative of a legal person or other employer (hereinafter in this Article referred to as "legal person, etc."), is made by his employee in the course of his duties and is made public under the name of such legal person, etc. as the author shall be attributed to that legal person, etc., unless otherwise stipulated in a contract, work regulation or the like in force at the time of the making of the work. (2) The authorship of a program work which, on the initiative of a legal person, etc. is made by his employee in the course ofhis duties, shall be attributed to that legal person, etc., unless otherwise stipulated in a contract, work regulation or the like in force at the time of the making of the work.
(Authorship of a cinematographic work) Article 16. The authorship of a cinematographic work shall be attributed to those who, by taking charge of producing, directing, filming, art direction, etc., have contributed to the creation of that
work as a whole, exclucling authors of novels, scenarios, music or other works adapted or reproduced in that work; provided, however, that the provision of the prececling Article is not applicable.
Section 3 Contents of the Rights
Subsection 1 General Rules
(Rights of authors) Article 17. (1) The author shall enjoy the rights mentioned in paragraph (1) of the next Article, Article 19, paragraph (1) and Article 20, paragraph (!)(hereinafter referred to as "moral rights of authors") as well as the rights mentioned in Articles 21 to 28 (hereinafter referred to as "copyright"). (2) The enjoyment of moral rights of authors and copyright shall not be subject to any formality.
Subsection. 2 Moral Rights of Authors
(Right of making the work public) Article 18. (1) The author shall have the rights to offer to and to make available to the public his work which has not yet been made public (inclucling a work which has been made public without his consent; the same shall apply in this Article). The author shall have the same right with respect to works derived from his work which has not yet been made public.
(2) In the following cases, the author shall be presumed to have consented to the following acts: (i) where copyright in his work which has not yet been made public has been transferred: the
offering to and the making available to the public of the work by exercising the copyright therein;
(ii) where the original of his artistic or photographic work which has not yet been made public has been transferred: the making available to the public of the work by exhibiting its original; where the ownership of copyright in his cinematographic work belongs to the maker in accordance with the provision of Article 29: the offering to and the making available to the public of the work by exercising the copyright therein.
(3) In the following cases, the author shall be considered to have consented to the following acts: (i) where his work which has not yet been made public has been offered to government
organizations ("government organizations" means those provided in Article 2, paragraph (1) of the Law for the Disclosure oflnformation Possessed by Government Organizations (Law No.42, of 1999; hereinafter referred to as "the Government Organizations Information Disclosure Law")), (except in the case where any declaration of the intention of the author to the contrary by the time when the disclosure has been decided in accordance with the provisions of Article 9, paragraph (1) of the Government Organizations Information Disclosure Law): the offering to and the making available to the public of the work by the head of a government organization in accordance with the provisions of the Government Organizations Information Disclosure Law;
(ii) where his work which has not yet been made public has been offered to independent administrative organs, etc. ("independent administrative organs, etc." means those provided in Article 2, paragraph (1) of the Law for the Disclosure oflnformation Processed by Independent Administrative Organs, etc. (Law No.140, of 2001; hereinafter referred to as "the Independent Administrative Organs, etc. Information Disclosure Law")), (except in the case where any declaration of the intention of the author to the contraxy by the time when
the disclosure has been decided in accordance with the provisions ofArticle 9, paragraph (1) ofthe Independent Administrative Organs, etc. Information Disclosure Law): the offering to and the making available to the public ofthe work by an independent administrative, etc. in accordance with the provisions ofthe Independent Administrative Organs, etc. Information Disclosure Law;
(4) The provisions ofparagraph (1) shall not apply in any ofthe following cases: (i) where a work, which has notyet been madepublic and in which information mentioned in
Article 5, item (i) (b) or (c) or the proviso to Article 5, item (ii) ofthe Government Organizations Information Disclosure Law is recorded, is offered to or made available to the public })y the head ofa government organization in accordance with the provisions ofthat· Article, or where a work, which has not yet been made public, is offered to or made available to the public by the head ofa government organization in accordance with the provisions of Article 7 ofthe Government Organizations Information Disclosure Law;
(ii) where a work, whichhas notyet been made public and in which information mentioned in Article 5, item (i) (b) or (c) or the proviso to Article 5, item (ii) ofthe Independent Administrative Organs, etc. Information Disclosure Law is recorded, is offered to or made available ·to the public by an independent administrative organ, etc. in accordance with the provisions ofthat Article, or where a work which has not yet been made public, is offered to or made available to the public by an independent administrative organ, etc. in accordance with the provisions ofArticle 7 ofthe independent Administrative Organs, etc. Information Disclosure Law;
(iii) where a workwhich has notyet been made public (and in which information equivalent to that mentioned in Article 5, item (i) (b) or the proviso to Article 5, item (ii) ofthe Government Organizations Information Disclosure Law is recorded) is offered to or made available to the public by an organ ofa localpublic entity in accordance with the provisions ofthe Information Disclosure Regulations (which have provisions equivalent to Article 13, paragraphs (2) and (3) ofthe Government Organizations Information Disclosure Law; the same shall apply in item (iv));
(iv) where a work which has not yet been made public (and in which information equivalent to thatmentioned in Article 5, item (i) (c) ofthe Government Organizations Information Disclosure Law is recorded) is offered to or made available to the public by an organ ofa local public entity in accordance with provisions ofthe Information Disclosure Regulations;
(v) where a work which has not yet been made public is offered to or made available to the public by an organ ofa local public entity in accordance with such provisions ofthe Information Disclosure Regulations as equivalent to those ofArticle 7 ofthe Government Organizations Information Disclosure Law.
(Right ofdetermining the indication ofthe author's naine) Article 19. (1) The author shall have the right to determine whether his true name or pseudonym should be indicated or not, as the name ofthe author, on the original ofhis work or when his work is offered to or made available to the public. The author shall have the same right with respect to the indication ofhis name when works derived form his work are offered to or made available to the public. (2) In the absence ofany declaration ofthe intention ofthe author to the contrary, a person exploiting his work may indicate the name ofthe author in the same manner as that already adopted by the author. (3) It shall be permissible to omit the name ofthe author where it is found that there is no risk of damage to the interests ofthe author in his claim to authorship in the light ofthe purpose and the manner ofexploiting his work and in so far as such omission is compatible with fair practice.
(4) The provisions of paragraph (1) shall not apply in any of the following cases: (i) where the name of the author is indicated in the same manner as that already adopted by
the author when his work is offered to or made available to the public by the head ofa government organization, by an independent administrative organ, etc. or by an organ of a local public entity in accordance with the provisions of the Government Organizations Information Disclosure Law, the Independent Administrative Organs, etc. Information Disclosure Law or the Information Disclosure Regulations;
(ii) where the name of the author is to be omitted when his work is offered to or made available to the public by the head of a government organization, by an independent administrative organ, etc. or by an organ of a local public entity in accordance with the provisions ofArticle _6, paragraph (2) of the Government Organizations Information Disclosure Law, the provisions of Article 6, paragraph (2) of the Independent Administrative Organs, etc. Information Disclosure Law or the provisions equivalent to the former of the Information Disclosure Regulations.
(Right of preserving the integrity) Article 20. (1) The author shall have the right to preserve the integrity of his wotk and its title against any distortion, mutilation or other modification against his will. (2) The provision of the preceding paragraph shall not apply to the following modifications: (i) change of ideographs or words or other modificatieiris deemed unavoidable for the purpose of
school education in the case of the exploitation of works under the provisions of Article 33, paragraph (1) (including the case where its application mutatismutandis is provided for under the provision ofparagraph (4) of the same Article), Article 33bis, paragraph (1) and Article 34, paragraph (1);
(ii) modification of an architectural work by means of extension, rebuilding, repairing, or remodeling;
(iii) modification which is necessary for enabling to use on a particular computer a program work which is otherwise unusable on that computer, or to make more effective the use of a program work on a computer;
(iv) other modifications not falling within those mentioned in the preceding three items, which are deemed unavoidable in the light of the nature of a work as well as the purpose and the manner of exploiting it.
Subsec-tion 3 Rights Comprised in Copyright
(Right of reproduction) Article 21. The author shall have the exclusive right to reproduce his work.
(Right of performance) Article 22. The author shall have the exclusive right to perform his work publicly ("publicly" means for the purpose of making a work seen or heard directly by the public; the same shall apply hereinafter).
(Right of presentation) Article 22his. The author shall have the exclusive right to present his work publicly.
(Rights of public transmission, etc) Article 23. (1)The author shall have the exclusive right to make the public transmission of his work (including the making transmittable of his work in the case of the interactive transmission)..
(2)The author shall have the exclusive right to communicate publicly, by means of a receiving apparatus, his work of which the public transmission has been made.
(Right ofrecitation) Article 24. The author of a literacy work shall have the exclusive right to recite publicly his work.
(Right ofexhibition) Article 25. The author of an artistic work or of an unpublished photographic work shall have the exclusive right to exhibit publicly the original of his work.
(Rights ofdistribution) Article 26. (1) The author of a cinematographic work shall have the exclusive rights to distribute copies of his work.
(2) The author of a work reproduced in a cinematographic work shall have the exclusive right to distribute copies of his work.
(Right oftransfer ofownership) Article 26h:is. (1) The author shall have the exclusive right to offer his work (except a cinematographic work; the same shall apply hereinafter in this Article) to the public by transfer of ownership of the original or copies of the work (excluding copies of a cinematographic work in the case of a work reproduced in the cinematographic work; the same shall apply hereinafter in this Article).
(2) The provision of the preceding paragraph shall not apply in the case of the transfer of ownership of such original or copies of a work as falling within any of the following items.
(i) the original or copies of a work the ownership of which has been transferred to the public by a person who has the right mentioned in the preceding paragraph or with the authorization of such person;
(ii) copies of a work the ownership of which has been transferred to the public under the authority of a compulsory license under the provisions of Article 67, paragraph (1) or Article 69s or with a license under the provisions of Article 5, paragraph (1) of the Law concerning the ExceptionalProvisions to the Copyright Law required in consequence of the Enforcement of the Universal Copyright Convention (Law No.86, of 1956);
(iii) the original or copies of a work the ownership of which has been transferred to a small number ofspecific persons by a person who has the right mentioned in the preceding paragraph or with the authorization of such person;
(iv) the original or copies of a work the ownership of which has been transferred, outside the jurisdiction of this Law, without prejudice to the right equivalent to that mentioned in the preceding paragraph or by a person who has the right equivalent to that mentioned in that paragraph or with the authorization of such person.
(Right of lending) Article 26tm: The author shall have the exclusive right to offer his work (except a cinematographic work) to the public by lending copies of the work (excluding copies of a cinematographic work in the case of a work reproduced in the cinematographic work).
(Rights of translation, adaptation, etc.)
Article 27. The author shall have the exclusive rights to translate, arrange musically or transform, or dramatize, cinematize, or otherwise adapt his work.
(Right of the original author in the exploitation of a derivative work) Article 28. In the exploitation of a derivative work, the author of the pre-existing work shall have the same rights as those the author of the derivative work has under the provisions of this Subsection.
Subsection 1J Ownership of Copyright in Ch1ematographic Works
(Ownership of copyright in cinematographic works) Article 29. (1) Copyright in a cinematographic work, to which the provisions of Article 15, paragraph (1), the next paragraph and paragraph (3) of this Article are not applicable, shall belong to the maker of that work, provided that the authors of the work have undertaken to participate in the making thereof
(2) In the case of a cinematographic work, which is made by a broadcasting organization alone for use exclusively for broadcasting purposes and to which the provision of Article 15, paragraph (1) is not applicable, the following rights comprised in the copyright therein shall belong to that organization as the maker of cinematographic works:
(i) rights to broadcast that work, and to diffuse by wire and communicate publicly by means of a receiving apparatus the work thus broadcast;
(ii) rights to reproduce that work, and to distribute its copies thus reproduced among other broadcasting organizations. ·
(3) In the case of a cinematographic work, which is made by a wire diffusion organization alone for use exclusively for wire diffusion purposes and to which the provision of Article 15, paragraph (1) is not applicable, the following rights comprised in the copyright therein shall belong to that organization as the maker of cinematographic works:
(i) rights to diffuse by wire that work, and to communicate publicly by means of a receiving apparatus the work thus diffused by wire;
(ii) rights to reproduce that work, and to distribute its copies thus reproduced among other wire diffusion organizations.
Subsection 5 Limitations on Copyright
(Reproduction for private use) Article 30. (1) It shall be permissible for a user to reproduce by himselfa work forming the subject matter of copyright (hereinafter in this Subsection referred to as a "work") for the purpose of his personal use, family use or other similar uses within a limited circle (hereinafter referred to as "private use"), except in the case:
(i) where such reproduction is made by means of automatic reproducing machines ("automatic reproducing machine" means a machine having reproducing functions and in which all or main parts of reproducing devices are automatic) placed for the use by the public;
(ii) where such reproduction is made by a person who knows that such reproduction becomes possible by the circumvention of technological protection measures or it ceases to cause obstruction, by such circumvention, to the results of acts deterred by such measures
("circumvention" means to enable to do acts prevented by technological protection measures or to stop causing obstruction to the results of acts deterred by such measures, by removal
or alteration of signals used for such measures; the same shall apply in Article 120bis, items (i) and (ii)) ("removal" or "alteration" does not include such removal or alteration as is conditional upon technology involved in the conversion of recording or transmission sy stems).
(2) Any person who, for the purpose of private use, makes sound or visual recording on such a digital recording medium as specified by Cabinet Order by means of such a digital recording machine as specified by Cabinet Order (excluding a machines having special efficiency generally not for private use but for business use, such as that for broadcasting, and b machines having sound or visual recording functicms incidental to the primary functions, such as telephones with sound recording function) shall pay a reasonable amount of compensation to the copyright owners concerned.
(Reproduction in libraries, etc) Article 31. It shall be permissible to reproduce a work included in library materials ("library materials" in this Article means books, documents and other materials held in the collection of libraries, etc.) within the scope of the non·profit-making activities of libraries, etc. ("libraries, etc." in
this Article means libraries and other establishments, designated by Cabinet Order, having the purpose, among others, to offer library materials for the use by the public) in the following cases:
(i) where, at the request of a user and for the purpose of his own investigation or research, he is furnished with a single copy of a part of a work already made public or of all of an individual
work reproduced in a periodical already published for a considerable period of time;
(ii) where the reproduction is necessary for the purpose of preserving library materials; (iii) where other libraries, etc. are furnished with a copy of library materials which are rarely
available through normal trade channel because the materials are out of print or for other similar reasons.
(Quotations) Article 32. (1) It shall be permissible to make quotations from a work already made public, provided that their making is compatible with fair practice and their extent does not exceed that justified by
purposes such as news reporting, criticism or research.
(2) It shall also be permissible for the press or other periodicals to reproduce informatory, investigatory or statistical data, reports and other works of similar character which have been
prepared by organs of the State or local public entities or independent administrative organs for the purpose of public information and which have been made public under their authorship, provided that the reproduction thereof is not expressly prohibited.
(Reproduction in school textbooks, etc) Article 33. (1) It shall be permissible to reproduce in school textbooks ("school textbooks" means
textbooks authorized by the Minister of Education and Science or those compiled under the authorship of the Ministry of Education and Science to be used for the education of children or
pupils in primary schools, junior or senior high schools or other similar schools; the same shall apply
in next Article) works already made public, to the extent deemed necessary for the purpose of school education.
(2) Aperson who makes such reproduction shall inform the author thereof and pay to the copyright owner compensation, the amount ofwhich is fixed each year by the Commissioner ofthe Agency for Cultural Affairs, by taking into account the purpose ofthe provision ofthe preceding paragraph, the nature and the purpose ofthe work, the ordinary rate ofroyalty, and other conditions. (3) The Commissioner of the Agency for Cultural Affairs shall announce in the Official Gazette the amount ofcompensation fixed in accordance with the provision ofthe preceding paragraph. (4) The provisions of the preceding three paragraphs shall apply mutatis mutandis with respect to the reproduction of works in textbooks intended for senior high school correspondence courses and in guidance books of school textbooks mentioned in paragraph (1) intended for teachers (these guidance books shall be limited to those published by the same publisher ofthe textbooks).
(Reproduction for preparing a textbook in large print) Article 33his. (1) It shall be permissible to reproduce works already reproduced in a school textbook, by enlarging print letters, illustrations, etc. used in that textbook, for the purpose of study use by weak-sighted children or pupils. (2) A person who intends to prepare a textbook reproducing such works (only such textbook as reproducing all ofor a considerable part of such works) by enlarging such print letters, illustrations, etc. (hereinafter in this paragraph referred to as "textbook in large print") shall inform in advance the publisher of the former textbook thereof and, in the case of distributing copies of such textbook in large print for profit-making purposes, pay to the copyright owners concerned compensation, the amount of which is fixed each year by the Commissioner of the Agency for Cultural Affairs in proportion to the amount ofcompensation mentioned in paragraph (2) ofthe precedingArticle. (3) The Commissioner ofthe Agency for Cultural Affairs shan announce in the Official Gazette the amount ofcompensation fixed in accordance with the provision ofthe preceding paragraph.
(Broadcasting, etc. in school education programs) Article 34. (1) It shall be permissible to broadcast or diffuse by wire a work already made public, in broadcasting programs or wire diffusion programs which conform to the curriculum standards provided for in regulations on school education, and to reproduce it in teaching materials for these programs, to the extent deemed necessary for the purpose ofschool education. (2) A person who makes such exploitation of a work shall inform the author thereof and pay to the copyright owner a reasonable amount ofcompensation.
(Reproduction, etc. in schools and other educational institutions) Article 35. (1) A person who is in charge of teaching and those who are taught in a school or other educational (except those institutions established for profit-making) may reproduce a work already made public if and to the extent deemed necessary for the purpose of use in the course of lessons, provided that such reproduction does not unreasonably prejudice the interests of the copyright owner in the light ofthe natum and the purpose ofthe work as well as the number of copies and the form ofreproduction. (2) In the case of the exploitation of a work already made public, by offering or making public the original or copies of such work to those who take lessons directly in the course of lessons in educational institutions mentioned in the preceding paragraph, or in the case of the exploitation of such work by publicly performing, presenting or reciting it in accordance with the provision of Article 38, paragraph (1) in the course of such lessons, it shall be permissible to make the public transmission (including the making transmittable in the case of the interactive transmission) of such work intended for reception by those who take lessons at the same time at a place other than that where such lessons are given; provided, however, that such transmission does not unreasonably prejudice the interests of the copyright owner in the light of the nature and the
purpose ofthe work as well as the form ofthe transmission. (2) In the case of the exploitation of a work already made public, by offering or making public the original or copies of such work to those who take lessons directly in the course of lessons in educational institutions mentioned in the preceding paragraph, or in the case of the exploitation of such work by publicly performing, presenting or reciting it in accordance with the provision of Article 38, paragraph (1) in the course of such lessons, it shall be permissible to make the public transmission (including the making transmittable in the case of the interactive transmission) of such work intended for reception by those who take lessons at the same time at a place other than that where such lessons are given; provided, however, that such transmission does not unreasonably prejudice the interests of the copyright owner in the light of the nature and the purpose ofthe work as well as the form ofthe transmission.
(Reproduction, etc. in examination questions) Article 36. (1) It shall be permissible to reproduce or make the public transmission (excluding the broadcasting or wire diffusion, _and including the making transmittable in the case of the interactive transmission; the same shall apply in next paragraph) of, a work already made public as questions for an entrance examination or other examinations ofknowledge or skill, or such examillation for a license, to the extent deemed necessary for such purpose. (2) Aperson who makes such reproduction or public transmission for profit-making purposes shall pay to the copyright owner compensation the amount of which corresponds to an ordinary rate of royalty.
(Reproduction in braille, etc) Article 37. (1) It shall be permissible to reproduce in braille a work already made public. (2) It shall be permissible to record on a memory, or to make the public transmission (excluding the broadcasting or wire diffusion, and including the making transmittable in the case ofthe interactive transmission) of, a work already made public, by means of a braille processing system using a computer. (3) For braille libraries and other establishments for the promotion of the welfare of the visually handicapped, designated by Cabinet Order, it shall be permissible to make sound recordings of a work already made public, exclusively for the purpose of lending such recordings for the use by the visually handicapped.
(Interactive transmission for the aurally handicapped) Article 37his. A person, designated by Cabinet Order, who does activities for the promotion of the welfare of the aurally handicapped, may make an interactive transmission (including the making transmittable by means of inputting information to an interactive transmission server already connected with telecommunication network for the use by the public) ofa work broadcast or diffused by wire, by converting oral words of that work into written words, exclusively for the purpose ofthe use by the aurally handicapped.
(Performance, etc. not for profit-making) Article 38. (1) It shall be permissible to publicly perform, present and recite a work already made public, for non-profit-making purposes and without charging any fees ("fees" includes any kind of charge to be imposed on the offering and the making available ofa work to the public; the same shall apply hereinafter in this Article) to audience or spectators; provided, however, that the performers or reciters concerned are not paid any remuneration for such performance, presentation or recitation.
(2) It shall be permissible to diffuse by wire a work already broadcast, for non-profit-making purposes and without charging any fees to audience or spectators.
(3) It shall be permissible to communicate publicly, by means of a receiving apparatus, a work already broadcast or diffused by wire, for non·profit·making purposes and without charging any fees to audience or spectators. The same shall apply to such public communication made by means of a receiving apparatus of a kind commonly used in private homes.
(4) It shall be permissible to offer to the public a work (E;)xcept a cinematographic work) already made public, by lending copies of the work (excluding copies of a cinematographic work in the case of a work reproduced in the cinematographic work) for non·profit·making purposes and without charging any fees to borrowers of such copies.
(5) For audiovisual education establishments and other establishments not for profit-making, designated by Cabinet Order, having the purposes, among others, to offer cinematographic films and other audiovisual materials for the use by the public, it shall be permissible to distribute a cinematographic work already made ,public, by lending copies ofthe work, without charging any fees to borrowers of such copies.In this case, a person who makes such distrib:ution shall pay a reasonable amount of compensation to the owner of the right mentioned in Article 26 (including the owner of the same right as that mentioned in Article 26 in accordance with the provision of Article 28) with respect to such a cinematographic work or a work reproduced in that cinematographic work.
(Reproduction, etc. of articles on current topics) Article 39. (1) It shall be permissible to reproduce in the press, broadcast and diffuse by wire articles published in newspapers or periodicals on current political, economic or social topics, .not having a scientific character, provided that such reproduction, broadcasting or wire diffusion thereof is not expressly prohibited.>
(2) It shall also be permissible to communicate publicly, by means of a receiving apparatus, articles thus broadcast or diffused by wire.>
(Exploitation of political speeches, etc.) Article 40. (1) It shall be permissible to exploit, by any means, political speeches delivered in public and speeches delivered in the course of judicial proceedings (including those corresponding to judicial proceedings such as determinations by administrative agencies; the same shall apply in Article 42), except such exploitation as involves a collection of the works ofthe same author.
(2) It shall be permissible to reproduce in the press, broadcast and diffuse by wire speeches not falling within the preceding paragraph, which are delivered in public by organs of the State or local public entities or independent administrative organs, to the extent justified by the informatory purpose.
(3) It shall also be permissible to communicate publicly, by means of a receiving apparatus, speeches thus broadcast or diffused by wire.
(Reporting ofcurrent events) Article 41. For the purpose of reporting current events by means of photography, cinematography, broadcasting or otherwise, it shall be permissible to reproduce and exploit a work involved in the
event or a work seen or heard in the course ofthe event, to the extent justified by the informatory purpose.
(Reproduction for judicialproceedings, etc.) Article 42. It shall be permissible to reproduce a work ifand to the extent deemed necessary for the purpose ofjudicial proceedings and ofinternal use by legislative or administrative organs, provided that such reproduction does not unreasonably prejudice the interests ofthe copyright owner in the light ofthe nature and the purpose ofthe work as well as the number ofcopies and the form of reproduction.
(Exploitation for Disclosure by the Government Organizations Information Disclosure Law, etc) Article 42bis. For the purpose ofoffering to or making available to the public ofa work in accordance withthe provisions ofthe Government Organizations Information Disclosure Law, the Independent Administrative Organs, etc. Information Disclosure Law or the Information Disclosure Regulations, the head ofa government organization, an independent administrative organ, etc. or an organ ofa localpublic entity may exploit thework ifand to the extent deemed necessary for the purpose ofthe disclosure by means mentioned in Article 14, paragraph (1) ofthe Government Organizations Information Disclosure Law (including the provisions of Cabinet Order under that paragraph) by means mentioned in Article 15, paragraph (1) ofthe Independent Administrative Organs, etc. Information Disclosure Law (including means decided by the independent administrative organ, etc. concerned under thatparagraph and excluding means other than those provided for by Cabinet Order under the provisions ofArticle 14, paragraph (1) ofthe Government Organizations Information Disclosure Law) or by means provided for in the Information Disclosure Regulations (excluding means other than those mentioned in Article 14, paragraph (1) ofthe Government Organizations Information Disclosure Law).
(Exploitation by means oftranslation, adaptation, etc) Article 43. The exploitation ofworks permitted under the provisions mentioned below shall include that made by the following means:
(i) Article 30, paragraph (1) or Article 33, paragraph (1) (including the case where its application mutatismutandisis provided for under the provision ofparagraph (4) ofthe same Article), Article 34, paragraph (1) or Article 35: translation, musical arrangement, transformation, and adaptation;
(ii) Article 31, item (i), Article 32, 36 or 37, Article 39, paragraph (1), Article 40, paragraph (2), orArticle 41 or 42: translation.
(iii) Article 37his: adaptation (only in summary form).
(Ephemeral recordings bybroadcasting organizations, etc) Article 44. (1) Broadcasting organizations may make ephemeral sound or visual recordings ofa work which they are in a position to broadcast, without prejudice to the right ofthe author mentioned in Article 23, paragraph (1), for the purpose oftheir own broadcasts and by the means of their own facilities or facilities ofother broadcasting organizations which are in a position to broadcast the same work.
(2) Wire diffusion organizations may make ephemeral sound or visual recordings ofa work which they are in a position to diffuse by wire, without prejudice to the right ofthe author mentioned in Article 23, paragraph (1), for the purpose oftheir own wire diffusions (except those �ade upon receiving broadcasts) and by the means oftheir own facilities.
(3) It shall notbe permissible to preserve such ephemeral recordings made in accordance with the provisions ofthe preceding two paragraphs for a period exceeding six months after their making or, ifthe recordings are broadcast or diffused by wire within this period, for a period exceeding six months after that broadcasting or wire diffusion; provided, however, that such preservation is permitted ifthe preservation in official archives is authorized by Cabinet Order.
(E:xb:ihition ofan artistic work, etc. bythe owner ofthe original thereoi) Article 45, (1) The original ofan artistic work or a photographic work may be publicly exhibited by its owner or with his authorization.
(2) The provision ofthe preceding paragraph shall not apply with respect to the permanent location ofthe original ofan artistic work in open places accessible to the public, such as streets and parks, or at places easily seen by the public, such as the outer walls ofbuildings.
(Exploitation ofan artistic work, etc. located in open places) Article 46. It shall be permissible to exploit artistic works permanently located in such open.places as mentioned in paragraph (2) ofthe precedingArticle and architectural works by any means not falling within any ofthe following items:
(j) multiplication of a sculpture and offering it to the public by transfer of ownership ofits copies;
(ii) imitative reproduction ofan architecturalwork and offering it to the public by transfer of ownership ofits copies;
(iii) reproduction ofa work for the purpose oflocating itpermanently in such openplaces as mentioned in paragraph (2) ofthe precedingArticle;
(iv) reproduction of an artistic work exclusively for the purpose of selling its copies and sale of such copies.
(Reproduction required for an exhibition ofartistic works, etc) Article 47. A person who, without prejudice to theright ofthe author mentioned in Article 25, exhibits publicly the originals ofartistic works orphotographic works may reproduce such works in pamphlets for the purpose ofexplaining or introducing them to spectators.
(Reproduction, etc. by the owner ofa copy ofa program work) Article 47bm. (1) The owner ofa copy ofa program work may make copies or adaptations (including the making copies ofa derivative work created by means ofadaptation) ofthat work ifand to the extent deemed necessary for the purpose ofexploiting that work on a computer by himself, provided that the provision ofArticle 113, paragraph \2) does not apply to the use made ofsuch copies in connection with such exploitation.
(2) Ifthe owner ofcopies mentioned in the preceding paragraph has ceased to have the ownership of any ofcopies mentioned in that paragraph (including copies made in accordance withthe provision ofthatparagraph) for reasons other than those ofdestruction, he may not thereafter preserve other copies in the absence ofany declaration ofthe intention ofthe copyright owner to the contrary.
(Transfer ofownership ofcopies made in accordance withthe provisions oflimitations on reproduction right) Article 47ter. Works permitted to be reproduced in accordance with the provisions ofArticle 31, item (i), Article 32, Article 33, paragraph (1) (including the case where its application mutatis mutandis
is provided for under the provision ofparagraph (4) ofthe same Article), Article 33bis, paragraph (1), Article 34, paragraph (1), Article 35, paragraph (1), Article 36, paragraph (1), Article 37, paragraph (1) or (2), Article 39, paragraph (1), Article 40, paragraph (1) or (2), Article 41, 42, 42bis, 46 or47 shall also be permitted to be offered to the public by transfer ofownership ofcopies made in accordance with these provisions, excluding copies ofcinematographic works in cases ofthe provisions ofArticle 31, item (i), Article 35, paragraph (1), Article 36, paragraph (1) orArticle 42 (including copies ofcinematographic works in cases ofworks reproduced in cinematographic works; the same shall apply hereinafter in this Article), except in the case where the ownership ofcopies of works made in accordance with the provisions ofArticle 31, item (i), Article 33b.zS, paragraph (1), Article 35, paragraph (1), Article 41, 42 or 42bisis transferred to the public for purposes other than those mentioned in Article 3 1, item (i) or Article 35, paragraph (1), Article 41, 42 or 42b.Z:S. (excluding copies ofcinematographicworks in cases ofthe provisions ofArticle 31, item (i) Article 33b.zS, paragraph (1), Article 35, paragraph (1) or Article 42).
(Indication ofsources) Article 48. (1) In any ofthe following cases, the source mustbe clearly indicated in the manner and to the extent deemed reasonable by the form ofthe reproduction or exploitation:
(i) where reproduction is made ofworks in accordance with the provisions ofArticle 32, Article 33, paragraph (1) (including the case where its application mutatismutandisffi provided for under the provision ofparagraph (4) ofthe same Article), Article 33bis, paragraph (1), Article 37, paragraph (1) or (3), orArticle 42 or 47;
(ii) where exploitation is made ofworks in accordance with the provisions ofArtiCle 34, paragraph (1), Article 37his, Article 39, paragraph (1), or Article 40, paragraph (1) or (2);
(iii) where exploitation, other than reproduction, is made ofworks in accordance with the provision ofArticle 32, or where exploitation is made ofworks in accordance with the provisions ofArticle 35, Article 36, paragraph (1), Article 38, paragraph (1), or Article 41 or 46, provided that standard practice so requires.
(2) When indicating the source under the preceding paragraph, mention must be made ofthe name ofthe author ifit appears on a work, except in the case where such indication identifies the author or the work is anonymous.
(3) Where exploitation is made ofworks by translating, arranging musically, transforming or adaptingthem in accordance with the provision ofArticle 43, mention must also be made ofthe source as provided for in the provisions ofthe preceding two paragraphs.
(Uses, etc. ofcopies for other purposes) Article 49. (1) The following acts shall be considered to constitute the reproduction as mentioned in Article 21 :
(i) the distribution ofcopies ofworks made in accordance with the provisions ofArticle 30, paragraph (1), Article 3 1, item (i), Article 33b.zS, paragraph (1), Article 35, paragraph (1), Article 37, paragraph (3), or Articles 41 to 42b.zS, orArticle 44, pamgraph (1) or (2), or the making available to the public ofworks by the use ofthese copies, for purposes other than those mentioned in these provisions;
(ii) the preservation by broadcasting organizations or wire diffusion organizations, of ephemeral recordings in violation ofthe provision ofArticle 44, paragraph (3);
(iii) the distribution ofcopies ofworks (excluding copies falling within those mentioned in item · (ll) ofthe nextparagraph) made in accordance with the provision ofArticle 47his, paragraph (1), or the making available to the public ofworks by the use ofthese copies;
(iv) the preservation ofcopies mentioned in Article 47his, paragraph (2) in violation ofthat paragraph (excluding copies falling within those mentioned in item (ll) ofneXt paragraph).
(2) The following acts shall be considered to constitute the translation, musical arrangement, transformation or adaptation as mentioned in Article 27 with respect to pre-existingworks of derivative works concerned:
G) the distribution ofcopies ofderivative works made in accordance with the provisions of Article 43, parapraph (1) or (2), or the making available to the public ofderivative works by the use ofthese copies, for purposes other than those mentioned in Article 30, paragraph (1), Article 31, item (i), Article35, Article 37, paragraph (3), orArticle 41 or 42;
(ii) the distribution ofcopies ofderivative works made in accordance withthe provision of Article 47his, paragraph (1) or the making available to the public of derivative works by the use ofthese copies;
(iii) the preservation ofcopies mentioned in the preceding item in violation ofthe provision of Article 47his, paragraph (2).
(Relationship with moral rights ofauthors) Article 50. No provisions ofthis Subsection may be interpreted as affecting the protection ofthe moral rights ofthe author.
(In general) Article 51. (1) The duration ofcopyright shall begin with the creation ofthe work.
(2) Copyright shall continue to subsist untilthe end ofa period offifty years followingthe death of the author (or following the death ofthe last surviving co·author inthe case ofa joint work; the same shall apply in paragraph (1) ofnext Article), unless otherwise provided in this Section.
<Anonymous or pseudonymous works) Article 52. (1) Copyright in an anonymous or pseudonymous work shall continue to subsist until the end ofa period offifty years following the making public ofthe work, provided that copyright subsisting in such work, the author ofwhich is presumed to have been dead for fifty years, shall be considered expired as ofthe time when the author is so presumed to have been dead.
(2) The provision ofthe preceding paragraph shallnot apply in anyofthe following cases:
(i) where the pseudonym adopted by the author is generally known as that ofhis own; (jj) where, within the period mentioned in the preceding paragraph, the author causes his true
name to be registered in accordance withthe provision ofArticle 75, paragraph (I); (iii) where, within the period mentioned in theprecedingparagraph, the author has made
public his work on which he indicates his true name or generally known pseudonym as the name ofthe author.
(Works bearingthe name ofa corporate body) Article 53. (1) Copyright in a work bearing as the name ofthe author that ofa legal person or other corporate body shall continue to subsist until the end ofa period offifty years following the making
public ofthe work or the creation ofthe work ifit has not been made public within a period offifty years following its creation.
(2) The provision ofthe preceding paragraph shallnot apply in the case where, within the period mentioned in the preceding paragraph, a personwhois the author ofa work bearing as the name of the author that ofa legal person or other corporate body, has afterwards made public the work on which he indicates his true name or generally known pseudonym as the name ofthe author.
(3) With respect to the duration ofcopyright in a work the authorship ofwhich is attributed to a legal person or other corporate body in accordance with the provision ofArticle 15, paragraph (2), the provision ofparagraph (1) shall apply to such work notfalling within that mentioned in paragraph (1) as ifsuchworkbore the name ofsuch corporate body as the author.
(Cinematographic works) Article 54. (1) Copyright in a cinematographic work shall continue to subsist until the end ofa period ofseventy years following the making public ofthe work or the creation ofthework ifit has not been madepublic within a period ofseventy years following its creation.
(2) When copyright in a cinematographic work has expired at the end ofits duration, copyright subsisting in the original work adapted cinematographically shall also expire but only with respect to the exploitation ofthe cinematographic work.
(3) The provisions ofthe preceding two Articles shall not apply to copyright in cinematographic works.
Article 55. [Deleted]
(The time when serial publications, etc. have been made public) Article 56. (1) In Article 52, paragraph (1), Article 53, paragraph (1), and Article 54, paragraph (1), the time whenworks have been made public shall be determined by the makingpublic ofeach volume, issue or installment in the case ofworks which are made public in regularly succeeding volumes, issues ofinstallments, or by the making public ofthe last part in the case ofworks which are made public in parts.
(2) In the case ofworks which are made public in parts, the lastpart already made public shall be considered to be the last one mentioned in the preceding paragraph ifthe nextpart is not made public before the expiration ofa period ofthree years following the making public ofthe preceding part.
(Calculation of the term ofprotection) Article 57. InArticle 51, paragraph (2), Article 52, paragraph (1), Article 53, paragraph (1), and Article 54, paragraph (1), the term ofprotection after the author's death, the making public ofa work or the creation ofa work shall be calculated from the beginning ofthe year following the date when such event occurred.
(Exceptionalprovisions for the term ofprotection) Article 58. In the case ofworks not falling within Article 6, item (i), ifthe country oforigin thereofis considered to be a foreign country which is a member ofthe International Union established by the Berne Convention for the Protection ofLiterary and Artistic Works, a contracting party to the
WIPO Copyright Treaty or a member of theWorld Trade Organization in accordance with the provisions of the Berne Convention, the WIPO Treaty or the Marrakesh Agreement Establishing the World Trade Organization and ifthe duration of copyright therein granted by that country of origin is shorter than that provided in Articles 51 to 54, the duration of copyright shall be that granted by that country of origin.
Section 5 Inalienability ofMoral Rights, etc. ofAuthors
(Inalienability ofmoral rights ofauthors) Article 59. Moral rights of the author shall be exclusively personal to him and inalienable.
(Protection ofthe moral interests after the author's death) Article 60. Even after the death of the author, no person who offers or makes available a work to the public may commit an act which would be prejudicial to the moral rights of the author ifhe were alive; provided, however, that such act is permitted ifit is deemed not to be against the will of the author in the light of the nature and extent of the act as well as a change in social situation and other conditions.
Section 6 Transfer and Expiry ofCopyright
(Transfer ofcopyright) Article 61. (1) Copyright may be transferred in whole or in part.
(2) Where a contract for the transfer of copyright makes no particular reference to the rights mentioned in Articles 27 and 28, these rights shall be presumed to be reserved to the transferor
(Expiry ofcopyright in the case where no heirs exist, etc) Article 62. (1) Copyright shall expire in the following cases:
(i). where, after the author's death, the copyright is to belong to the National Treasury in accordance with the provision of Article 959 of the Civil Code <Law No. 89, of 1896);
(ii) where, after the dissolution of a legalperson who is the owner of copyright, the copyright is to belong to the National Treasury in accordance with the provision of Article 72, paragraph (3) of the Civil Code or the provisions of other similar laws.
(2) The provision of Article 54, paragraph (2) shall apply mutatis mutandis in the case where copyright in cinematographic works has expired thmugh the operation ofthe preceding paragraph.
Section 7 Exercise ofRights
(Authorization to exploit works) Article 63. (1) The copyright owner may grant another person authorization to exploit the work.
(2) Any person who obtained such authorization shall be entitled to exploit the work in the manner and to the extent so authorized.
(3) The right of exploitation thus authorized may not be transferred without the consent of the copyright owner.
(4) Unless otherwise stipulated in a contract, such authorization to broadcast or diffuse by wire a work shall not imply the authorization to make sound or visual recordings ofthe work.
(5)The provision ofArticle 23, paragraph(!) shall not apply to such making transmittable ofa work, by a person who has obtained such authorization with respect to the making transmittable ofthe work, as being made repeatedly or by means ofanother interactive ttansmission server in the manner and to the extent so authorized, provided that such manner and extent are not concerned with the frequency ofthe making transmittable ofa work or axi interactive transmission server to be used forthe making transmittable ofa work.
(Exercise ofmoral rights ofco-authors) Article 64. (1) Moral rights ofco·authors ofa joint work may not be exercised without unanimous agreement of all the co·authors.
(2) Each ofthe co-authors may not, in bad faith, preventthe agreement mentioned in the preceding paragraph from being reached.
(3) Co-authors maybe represented by a person chosen from among them in the exercise oftheir moral rights.
(4) Limitations on the representation mentioned in the preceding paragraph shall not be effective against a bona fide third person.
(Exercise ofjoint copyright) Article 65. (1) Each co-owner ofcopyright in a joint work or ofcopyright in co-ownership (hereinafter in this Article referred to as "joint copyright") shall not be entitled to transfer or pledge his share without the consent ofthe other co-owners.
(2) Jointcopyright may not be exercised without unanimous agreement ofall the co-owners
(3) In the preceding two paragraphs, each co-owner may not, without reasonable justification, refuse the consent mentioned in paragraph (1) or prevent the agreement mentioned in the preceding paragraph from being reached.
(4) The provisions ofparagraphs (3) and (4) ofthe preceding Article shall apply mutatismutandisto the exercise ofjoint copyright.
(Copyright onwhichthe right ofpledge is established) Article 66. (1) Unless otherwise stipulated in the contract establishing the right ofpledge, the copyright owner shall be entitled to exercise copyright on which the right ofpledge has been established.
(2) The right ofpledge may be exercised with respect to money or the like accruing fromthe transfer ofcopyright or the exploitation ofthe work (including counter-value for the establishment ofthe right ofpublication), provided that payment or delivery is preceded by the seizure ofthe right to receive money or the like mentioned above.
Section 8 Exploitation ofWorks under Compulsory License
(Exploitation ofworks in the case where the copyright owner thereofis unknown) Article 67. (1) Where a work has been made public, or where it is clear that it has been offered to or made available to the public for a considerable period oftime, the work may be exploited under the authority ofa compulsory license issued by the Commissioner ofthe Agency for Cultural Affairs and upon depositing on behalfofthe copyright owner compensation the amount ofwhich is fixed by the
· Commissioner as corresponding to an ordinary rate ofroyalty, provided that, after the due diligence, the copyright owner cannot be found for the reason that he is unknown or for other reasons.
(2) Copies ofthe work reproduced in accordance with the provision ofthe preceding paragraph shall bear an indication to the effect that the reproduction ofthese copies has been licensed in accordance with the provision ofthat paragraph and give the date when the license was issued.
(Broadcasting ofworks) Article 68. (1) A work already made public may be broadcast by a broadcasting organization under the authority of a compulsory license issued by the Commissioner ofthe Agency for Cultural Affairs and upon payment to the copyright owner ofcompensation the amount ofwhich is fixed by the
· Commissioner as .corresponding to an ordinary rate ofroyalty, provided that such organization requested the authorization to broadcast the work from the copyright owner and failed to reach an agreement or that the organization was unable to enter into negotiations with him.
(2) Works thus broadcast may also be diffused by wire or communicated publicly by means ofa receiving apparatus upon payment to the copyright owner ofcompensation the amount ofwhich corresponds to an ordinary rate ofroyalty, except in the case where the provisions ofArticle 38, paragraphs t2) and (3) shall be applicable.
(Recording on commercial phonograms) Article 69. When commercial phonograms have been �old for the :first time in this country and after the expiration ofa period ofthree years from the date ofsuch :first sale, a person who intends to make a sound recording ofa musical work already recorded on such phonograms with the authorization ofthe copyright owner and thereby to manufacture other commercial phonograms may make such recording or offer such recording to the public by transfer ofownership under the authority ofa compulsory license issued by the Commissioner ofthe Agency for Cultural Affairs and upon payment to the copyright owner ofcompensation the amount ofwhich is fixed by the Commissioner as corresponding to an ordinary rate ofroyalty, provided that such person requested the authorization from the copyright owner to make a sound recording ofthe work or to offer such recordings to the public by transfer ofownership and failed to reach an agreement or that he was unable to enter into negotiations with the copyright owner.
(Procedures and standards ofcompulsory licensing) Article 70. (1) Applicants for a license mentioned in Article 67, paragraph (1), Article 68, paragraph (1) or the preceding Article shall pay application fee, the amount of which shall be fixed by Cabinet Order, taking into account actual cost.
(2) The provision ofthe preceding paragraph shall not apply in the case where a person who shall pay an application fee in accordance with the provision ofthat paragraph is the State or such an independent administrative organ as is designated by Cabinet Order, taking into account contents ofits business or other circumstances (referred to as "the State, etc." in Article 78, paragraph (5) and Article 107, paragraph (2)).
(3) Uponreceiptofan application for a license mentioned in Article 68, paragraph (1) or the precedingArticle, the Commissioner ofthe Agency for CulturalAffairs shall notify the copyright owner concerned thereofin order to afford him an opportunity to express his opinion within an adequately specified period oftime.
(4) Evenupon receipt ofan application for a license mentioned in Article 67, paragraph (1), Article 68, paragraph (1) or the preceding Article, the Commissioner ofthe Agency for CulturalAffairs shall not issue such license ifhe recognizes:
(i) that it is evident that the author has the intention to halt forever the publication or other exploitation ofhis work; or
(ii) that unavoidable circumstances obliged the copyright owner to refuse to give the authorization to the broadcasting organization applying for a license mentioned in Article 68, paragraph (1).
(5) The Commissioner ofthe Agency for Cultural Affairs shall, when intending to refuse to issue the license, give previous notice to the applicant ofthe reason for such refusal and afford him an opportunity to explain his position and furnishing evidence favorable to him. The Commissioner shall, when refusing to issue such license, notifythe applicant ofsuch refusal in writing accompanied by the reason therefore.
(6) The Commissioner ofthe Agency for Cultural Affairs shall, upon issuing the license mentioned in Article 67, paragraph (1), give public notice thereofin the Official Gazette and notify the applicant thereof.The Commissioner shall, upon issuing the license mentioned inArticle 68, paragraph (1) or the preceding Article, notify the parties concerned thereof.
(7) Other than those provided for in the preceding paragraphs, necessary matters in connection with the licenses mentioned in this Section shall be provided by Cabinet Order.
Section 9 Compensation
(Consultation with the Culture Council) Article 71. The Commissioner ofthe Agency for Cultural Affairs shall, when fixing the amount of compensation mentioned in Article 33, paragraph (2) (including the case where its application mutatismutandisis provided for under the provision ofparagraph (4) ofthe same Article), Article 33b.zS, paragraph (2), Article 67, paragraph (1), Article 68, paragraph (1), and Article 69, consult withthe Culture Council.
(Dissatisfaction with the amount ofcompensation fixed) Article 72: (1) The parties concerned who are dissatisfied with the amount ofcompensation fixed in accordance with the provision ofArticle 67, paragraph (1), Article 68, paragraph (1) orArticle 69 may bring an action for an increase or decrease therein, within a period ofthree months from the date when they learned that a license had been issued under any ofthese provisions.
(2) In an action under the preceding paragraph, the copyright owner shall be a defendant in the case where a person who brings the action is the user ofthe work, and the user ofthe work shall be a defendant in the case where a personwho brings the action is the copyright owner.
(Limitations on objections to the amount ofcompensation fixed) Article 73. In an objection raised under the Administrative Dissatisfaction Inspection Law (Law No. 160, of 1962) to a license issued in accordance withthe provision ofArticle 67, paragraph (1), Article 68, paragraph (1) or Article 69, the dissatisfaction with the amount ofthe compensation fixed shall not constitute a reason for this dissatisfaction with the issuance ofthe license, except in the case where a person who obtained a license mentioned in Article 67, paragraph (1) cannotbring an action mentioned inparagraph (1) ofthe precedingArticle because the copyright owner is unknown or for other similar reasons.
(Deposit ofcompensation) Article 74. (1) A person who is liable to pay compensation mentioned in Article 33, paragraph (2) (including the case where its application mutatismutandisis provided for under the provision of paragraph (4) ofthe same Article), Article 33bis, paragraph (2), Article 68, paragraph (1) or Article 69 shall deposit the compensation instead ofpaying that compensation, in any ofthe following cases:
(j) where the copyright owner refuses to receive or cannot receive the -compensation; (ij) where the copyright owner cannot be identified with no fault on the part ofthe
above-mentioned person; (iij) where thatperson brings an action mentioned in Article 72, paragraph (1) with respect to
the amount ofthe compensation; (iv) where the right ofpledge has been established on the copyright (except in the case where
the authorization is obtained from the pledgee).
(2) In item (iij) ofthe preceding paragraph, a personwho is liable to pay the compensation shall, at the request ofthe copyright owner, pay the sum according to his estimate and deposit the balance between his estimate and the amount ofthe compensation fixed.
(3) The deposit ofa compensation under the provisions ofArticle 67, paragraph (1) or (2) shall be made at a deposit office convenii:mtly near to the known domicile or residence ofthe copyright owner ifhe has such in this country or otherwise near to the domicile or the residence ofthe depositor.
(4) The depositor mentioned in the preceding paragraph shall notify the copyright owner ofthat deposit, except in the case where he cannot notify him thereofbecause he is unknown or for other reasons.
Section 10 Registration
(Registration ofthe true ninne) Article 75. (1) The author ofan anonymous or pseudonymous work may have his hue name registered with respect to thatwork, regardless ofwhether he actually owns the copyright therein.
(2) The author may designate by his will a personwho mayhave such name registered after the author's death as provided in the preceding paragraph.
(3) A person whose true name has been registered shall be presumed to be the author ofthe work concerned.
(Registration ofthe date ofthe first publication, etc) Article 76. (1) The copyright owner as well as the publisher ofan anonymous or pseudonymous work may have the date ofthe first publication or ofthe first making public ofhis work registered.
(2) Works as to which the date ofthe first publication or ofthe first making public is registered shall be presumed to have been first published or firstmade public on the date registered.
(Registration ofthe date ofcreation) Article 76his. (1) The author ofa program work may have the date ofcreation �fhis program work registered, provided that a period ofsix months has not passed after the creation ofthat work.
(2) Program works as to which the date ofcreation is registered in accordance with the preceding paragraph shall be presumed to have been created on the date registered.
(Registrationofcopyright) Article 77. The following matters shall not be effective against any third party without registration thereof.
(i) the transfer (except that by inheritance or other successions in general; the same shall apply in next item) ofcopyright or the restriction on the disposal ofcopyright;
(ii) the establishment, transfer, alteration or expiry (except because ofthe merger ofthe right of pledge, or because ofthe expiry ofcopyright or the obligatory right secured), or the restriction on the disposal, ofthe right ofpledge established on copyright.
(Procedures, etc. for registration) Article 78. (1) The registrations mentioned in Article 75, paragraph (1), Article 76, paragraph (1), Article 76bis, paragraph (1) and the preceding Article shallbe made by the Commissioner ofthe Agency for Cultural Affairs on the copyright register.
(2) The Commissioner ofthe Agency for CulturalAffairs shall, when having made a registration mentioned in Article 75, paragraph (1), give public notice thereofin the Official Gazette.
(3) Anyperson may demand ofthe Commissioner ofthe Agency for Cultural Affairs the delivery ofa certified copy or a certified abstract ofentries in the copyright register or a copy ofits annexed documents or the opportunity to inspect the register or its annexed documents.
(4) A person making such demand shall pay a fee, the amount ofwhich is fixed by Cabinet Order, taking into accountactual cost.
(5) The provision ofthe preceding paragraph shall not apply in the case where a person who shall pay a fee in accordance with the provision ofthat paragraph is the State, etc.
(6) The provisions ofChapters II and III ofthe Administrative Procedures Law CLaw No.88, of 1993) shall not apply to measures taken in connection with registrations mentioned in paragraph (1).
(7) The provisions ofthe Government Organizations Information Disclosure Law shall not apply to entities in the copyright register and its annexed documents. mentioned in paragraph (1) shall be provided by Cabinet Order.
(8) Other than those provided for in this Section, necessary matters in connection with registrations.
(Exceptionalprovision fur the registration ofprogram works) Article 78bis. Other than those provided for in this Section, matters relating to the registration of program works shall be provided by another law.
Chapter Ill Right ofPublication
(Establishment ofthe right ofpublication) Article 79. (1) The owner ofthe right mentioned in Article 21 (hereinafter in this Chapter referred to as ''the owner ofreproduction right") may establish the right ofpublication in favour ofa person who undertakes to publish the work in a writing or a printing.
(2) The owner ofreproductionright n{ay establishthe right ofpublication only with the authorization ofthe pledgee ifthe right ofpledge is established on the reproduction right.
(Contents ofthe right ofpublication) Article 80. (1) The owner ofthe right ofpublication shall, as stipulated in the contract of establishment, have the exclusive right to reproduce the original text ofthe work, on which the right ofpublication is established, in a writing or a printing by means oftypography or other mechanical or chemical processes for the purpose ofdistribution.
(2) Ifthe author ofthe work dies witllln the duration ofthe right ofpublication or, after three years have passed from the first publication following the establishment ofthe right ofpublication, unless otherwise stipulated in the contract ofestablishment, the owner ofreproduction right may, notwithstanding the provision ofthe precedingparagraph, reproduce the work in a complete collection ofworks or other compilations comprising only the works ofthe same author.
(3) The owner ofthe right ofpublication may not authorize any third person to reproduce the work on which the right ofpublication is established.
(Obligation ofpublication) Article 81. Unless otherwise stipulated in the contract of establishment, the owner ofthe right of publicationshall have the following obligations:
G) to publish the work within a period ofsix months after the date when he received, from the owner ofreproduction right, manuscripts or other originals or those corresponding thereto which are necessary for the reproduction ofthe work; and
(ii) topublish the work continuously in conformity with business practice.
(Alterations, additions or deletions in works) Article 82. (1) In the new reproduction made by the owner ofthe right ofpublication, the author may make alterations, additions or deletions in his work to the extentjustified. ·
(2) Whenever intending to make a new reproduction ofthe work on which the right ofpublication is established, the owner ofthe right ofpublication shall notifY the author thereofin advance.
(Duration ofthe right ofpublication) Article 83. (1) The duration ofthe right ofpublication shall be stipulated by the contract of establishment.
(2) The right ofpublication shall expire at the end ofa period ofthree years from the first publication after the establishment ofthe right, unless otherwise stipulated in the contract of establishment..
(Request to terminate the right ofpublication) Article 84. (1) When the owner ofthe right ofpublication has not discharged his obligation mentioned in Article 81, item (i), the owner ofreproduction right may terminate the right of publication by notifying the owner thereof.
(2) When the owner ofthe right ofpublication has not discharged his obligation mentioned in Article 81, item (ii), the owner ofreproduction right may terminate the right ofpublicationby notifying the owner thereof, provided that the owner ofreproduction right has called upon the owner ofthe right ofpublication to discharge his obligation within a period exceeding three months, and that the owner ofthe right ofpublication has not discharged his obligation within that period.
(3) Whenthe beliefofthe author who has the reproduction right in his work differs fromthe content ofthe work, he may terminate the right ofpublication by notifying the owner ofthe right of publication in order to halt forever the publication ofthe work, provided that he makes compensation in advance for damages usually caused to the owner ofthe right ofpublication by such termination.
Article 85. Deleted.
(Limitation on the right ofpublication) Article 86. (1) The provisions ofArticle 30, paragraph (1), Articles 31 and 32, Article 33, paragraph (1) (including the case where its application mutatis mutandis is provided for under the provision of paragraph (4) ofthe same Article), Article 33bis, paragraph (1), Article 34, paragraph (1), Article 35, paragraph (1), Article 36, paragraph (1), Article 37, paragraph (1), Article 39, paragraph (1), Article 40, paragraphs (1) and (2), and Articles 41, 42, 42bis, 46 and 47 shall apply mutatismutandisto the reproduction ofworks on which the right ofpublication is established. In these cases, "the copyright owner" in Article 35, paragraph (1) and Article 42 shall read "the owner ofthe right ofpublication".
(2) The distribution and the making available to the public ofcopies ofworks reproduced in accordance with the provisions ofArticle 30, paragraph (1), Article 3 1, item (i), Article 33bis, paragraph (1), Article 35, paragraph (1), Article 41, 42 or 42biswhich shall apply mutatismutandis in the preceding paragraph, for purposes other than those mentioned in these provisions, shallbe considered to constitute the reproduction as mentioned in Article 80, paragraph (1).
(Transfer, etc. ofthe right ofpublication) Article 87. The right ofpublication may be transferred or pledged only with the authorization ofthe owner ofreproduction right.
(Registration ofthe right ofpublication) Article 88. (1) The following matters shall not be effective against any third party without the registration thereof.
(i) the establishment, transfer (except that by inheritance or other successions in general; the same shall apply in the next item), alteration or expiry (except because ofthe merger, or because ofthe expiry ofthe reproduction right), or the restriction on the disposal ofthe right ofpublication;
(ii) the establishment, transfer, alteration or expiry (except because ofthe merger ofthe right of pledge, or because ofthe expiry ofthe right ofpublication or the obligatory rights secured), or the restriction on the disposal ofthe right ofpledge established on the right of publication.
(2) The provision ofArticle 78 (except paragraph (2)) shall apply mutatismutandisto the registration mentioned in the preceding paragraph. In this case, "the copyright register" in Article 78, paragraphs (1), (3) and (7) shall read "the register ofthe right ofpublication".
Chapter N Neighboring Rights
Section 1 General Rules
(Neighboring rights) Article 89. (1) Performers shall enjoy the rights mentioned in Article 90bJs, paragraph (1) and Article 90ter, paragraph (1) (hereinafter referred to as "moral rights ofperformers") and the rights mentioned in Article 91, paragraph (1), Article 92, paragraph (1), Article 92bis, paragraph (1) and Article 95bis, paragraph (1) and Article 95teJ; paragraph (1) as well as the right to secondary use fees mentioned in Article 95, paragraph (1) and the right to remuneration mentioned in Article 95 ter, paragraph (3).
(2) Producers ofphonograms shall enjoy the rights mentioned inArticles 96 and 96bisand Article 97bm, paragraph (1) and Article 97ter, paragraph (1) as well as the right to secondary use fees mentioned in Article 97, paragraph (1) and the right to remuneration mentioned inArticle 97ter, paragraph (3).
(3) Broadcasting organizations shall enjoy the rights mentioned in Articles 98 to 100.
(4) Wire diffusion organizations shall enjoy the rights mentioned in Articles 100bJsto 100quinquies.
(5) The enjoyment ofthe rights referred to in any ofthe preceding paragraphs shall not be subject to any formality.
(6) The rights referred to in paragraphs (1) to (4) (except moral rights ofperformers as well as the right to secondary use fees and the right to remuneration referred to in paragraphs (1) and (2)) shall be called "neighboring rights".
(Relationship withthe rights ofauthors) Article 90. No provisions in this Chapter may be interpreted as affecting the protection ofthe rights ofauthors.
Section 2 Rights ofPerformers
(Right ofdetermining the indication ofthe performer's name) Article 90bis. (1) The performer shall have the right to determine whether his name, his stage name
or any other alternative to his name should be indicated or not, as the name ofthe performer, when his performances are offered to or made available to the public.
(2) In the absence ofany declaration ofthe intention ofthe performer to the contrary, a person using his performances may indicate the name ofthe performer in the same manner as that already adopted by the performer.
(3) It shall be permissible to omit the name ofthe performer where it is found that there is no risk of damage to the interests ofthe performer in his claim to be identified as the performer ofhis performances in the light ofthe purpose and the manner ofexploiting his performances or where it is found that such omission is compatible with fair practice.
(4)The provision ofparagraph (1) shall not apply in any ofthe following cases:
(i) where the name of the performer is indicated in the same manner as that already adopted by the performer when his performances are offered to or made available to the public by the head ofa .government organization, by an independent administrative organ, etc. or by an organ ofa local public entity in accordance with the provisions ofthe Government Organizations Information Disclosure Law, the Independent Administrative Organs, etc. Information Disclosure Law or the Information Disclosure Regulations;
(ii) where the name ofthe performer is to be omitted when his performances are offered to or made available to the public by the head ofa government organization, by an independent administrative organ, etc. or by an organ ofa local public entity in accordance with the provisions ofArticle 6, paragraph (2) ofthe Government Organizations Information Disclosure Law, the provisions ofArticle 6, paragraph (2) ofthe Independent Administrative Organs, etc. Information Disclosure Law or the provisions ofthe Information Disclosure Regulations equivalent to those ofArticle 6, paragraph (2) ofthe former Law.
(Right ofpreserVingthe integrity) Article 90ter. (1)The performer shall have the right to preserve the integrity ofhis performances against any distortion, mutilation or other modification ofthem that would be prejudicial to his honor or reputation.
(2) The provision ofthe preceding paragraph shall not apply to modifications deemed unavoidable in the light ofthe nature ofperformances as well as the purpose and manner ofexploiting them or those deemed compatible with fair practice.
(Right ofmaking sound or visual recordings) Article 91. (1) Performers shall have the exclusive right to make sound or visual recordings oftheir performances.
(2) The provision ofthe preceding paragraph shall not apply to performances which have been incorporated in cinematographic works with the authorization ofthe owner ofthe right mentioned in the same paragraph , except in the case where such performances are to be incorporated in sound recordings (otherthan those intended for use exclusively with images).
(Rights ofbroadcasting and wire diffusion) Article 92. (1) Performers shall have the exclusive rights to broadcast and to diffuse by wire their performances.
(2) The provision ofthe preceding paragraph shall not apply in the following cases:
(i) where the wire diffusion is made ofperformances already broadcast; (ii) where the broadcasting takes place of, or the wire diffusion is made ofthe following:
(a) performances incorporated in sound orvisual recordings with the authorization ofthe owner ofthe right mentioned in paragraph (1) ofthe preceding Article;
(b) performances mentioned in paragraph (2) ofthe precedingArticle and incorporated in recordings other than those mentioned in that paragraph.
(Right ofmaking transmittable) Article 92bis. (1) Performers shall have the exclusive right to make their performances transmittable.
(2) The provision oftheprecedingparagraph shall not apply to the following:
(i) performances incorporated in visual recordings with the authorization ofthe owner ofthe right mentioned in Article 91, paragraph(!);
(ii) performances mentioned in Article 91, paragraph(2) and incorporated in recordings other than those mentioned in that paragraph.
(Fixation for broadcastingpurposes) Article 93. (1) Broadcasting organizations which have obtained the authorization to broadcast performances from the owner ofthe right ofbroadcasting mentioned in Article 92, paragraph (l),may make sound or visual recordings ofsuch performances for broadcasting purposes, provided that the contract has no stipulation to the contrary or that the sound or visual recordings are not intended for the purpose ofuse in broadcasting programs differentfrom those authorized.
(2) The following shall be considered to constitute the making ofsound or visual recordings mentioned inArticle 91, paragraph (I):
(i) the use and the offering ofsound or visual recordings made in accordance with the provision ofthe preceding paragraph for a purpose other than that ofbroadcasting or for the purpose mentioned in the proviso to the same paragraph;
(ii) the further offering, by broadcasting organizations whichhave been offered such recordings, ofsound or visual recordings made in accordance withthe provision ofthe preceding paragraph, to other broadcasting organizations for their broadcasting.
(Broadcasting offixations, etc. made for broadcasting purposes) Article 94. (1) Unless otherwise stipulated in the contract, the authorization to broadcast a performance from the owner ofthe right mentioned in Article 92, paragraph (1) shall also imply the following:
(i) broadcasting by the authorized broadcasting organization ofthe performances incorporated in sound or visual recordings in accordance with the provision ofparagraph (1) ofthe preceding Article;
(jj) broadcasting, ofthe performances incorporated by the authorized broadcasting organization in sound or visual recordings in accordance with the provision ofparagraph (1) ofthe preceding Article, by another broadcasting organization which has been offered such recordings;
(ijj) broadcasting (not falling within the preceding item), by another broadcastillg organization which has been offered by the authorized broadcasting organization programs incorporating authorized performances, ofsuch performances.
(2) When a broadcasting mentioned in any ofthe items ofthe preceding paragraph has been made, the authorized broadcasting organization mentioned therein shall pay a reasonable amount of remuneration to the owner ofthe right mentioned in Article 92, paragraph (1).
(Secondary use ofcommercial phonograms) Article 95. (1) When broadcasting organizations and wire diffusion organizations (hereinafter in this Article and Article 97, paragraph (1) referred to as "broadcasting organizations, etc".) have broadcast or diffused by wire commercial phonograms incorporating performances with the authorization ofthe owner ofthe right mentioned in Article 91, paragraph (1) {except broadcast or wire diffusion made upon receiving such broadcasts or wire diffusions), they shall pay secondary use fees to the performers whose performances (which are mentioned in Article 7, items (i) to (vi) and in which neighboring rights subsist; the same shall apply in the next paragraph to paragraph (4)) have been so broadcast or diffused by wire.
(2) AR far as the Contracting States ofthe Convention for the Protection ofPerformers, etc. are concerned, the provisions ofthe preceding paragraph shall apply to performers whose performances are fixed in phonograms the producers ofwhich are nationals ofa country other than that which is a Contracting State ofthat Convention andwhichhas made a declaration underthe provisions of Article 16 (1) (a) (i) ofthat Convention stating that it will not apply the provisions ofArticle 12 of that Convention.
(3) Ifthe term ofthe protection provided for in the provisions ofArticle 12 ofthe Convention for the Protection ofPerformers, etc. which is granted by a Contracting State ofthat Convention with respect to phonograms mentioned in Article 8, item (i) is shorter than that for which performers are granted the protection under the provisions ofparagraph (1), the term for which performers, whose performances are fixed in phonograms the producers ofwhich are nationals ofthat State, are granted the protection under the provisions ofthat paragraph shall be that ofthe protection provided for in the provisions ofArticle 12 ofthat Convention which is granted by that State with respect to phonograms mentioned in Article 8, item (i).
(4) The provisions ofparagraph (1) shall apply, within the limits·ofreservations made, to performers whose performances are fixed in phonograms the producers ofwhich are nationals of a country which is a Contracting Party to the WPPT (but not a Contracting State ofthe Convention for the Protection ofPerformers, etc.) and which has made reservations under the provisions ofArticle 15 (3) ofthe WPPT.
(5) Where there is an association (including a federation ofassociations) which is composed ofa considerable number ofprofessional performers practising in this country and which is so designated, with its consent, by the Commissioner oftheAgency for Cultural Affairs, the right to secondary use fees mentioned in the paragraph (1) shallbe exercised exclusively through the intermediary of such association.
(6) The Commissioner ofthe Agency for Cultural Affairs may designate only such an association as satisfies the following conditions:
(i) that it is not established for profit-making; (ii) thatits members may freely join and withdraw; (iii) thatits members are granted an equalright to vote and to be elected; (iv) that it has sufficient ability to practise properly by itselfthe business ofexercising the right
on behalfofthe owners ofthe right to secondary use fees mentioned in paragraph (1) (hereinafter in thisArticle referred to as "the owners ofthe right").
(7) Such association may notrefusethe request ofthe owners ofthe rightfor the exercise ofthe right on their behalf.
(8) Upon receipt ofthe request mentioned in the preceding paragraph, such association shall have authority to deal, on behalfofthe owners ofthe right and in its own name, with juridical and non-juridical matters in regard to the right.
(9) As provided by Cabinet Order, the Commissioner ofthe Agency for CulturalAffairs may ask such association to report on their business concerning secondary use fees mentioned in paragraph (1) or to submit account books, documents and other data, or make necessary recommendations for improving in a manner ofpractising business.
(10) The amount ofsecondary use fees which such association may demand onbehalfofthe owners ofthe right in accordance with the provision ofparagraph (4) shall be fixed each year by mutual agreement between such association and broadcasting organizations, etc. or their federation.
(11) Ifthe agreement mentioned in the preceding paragraph is not reached, the parties concerned may, as provided by Cabinet Order, request the Commissioner oftheAgencyfor Cultural Affairs to issue a ruling fixing an amount ofsecondary use fees.
(12) The provisions ofArticle 70, paragraphs (3), (6) and (7) as well as Articles 71 to 74 shall apply mutatismutandisto the ruling and secondary use fees mentioned in the preceding paragraph. In this case, "the copyright owner" in Article 70, paragraph (3) shall read "the parties concerned", "the user ofthe work" in Article 72, paragraph (2) shall read "broadcasting organizations, etc. mentioned in Article 95, paragraph (1)", "the copyright owner" in the same paragraph shall read "the association mentioned in paragraph (4) ofthe same Article and "the copyright owner" inArticle 74 shall read "the association mentioned in Article 95, paragraph (5)".
(13) The provisions ofthe Law Relating to Prohibition ofPrivate Monopoly and Methods of Preserving Fair Trade (Law No.54, of 1947) shall not apply to mutual agreement mentioned in paragraph (10) and to acts made underit, provided that the trading method is fair and without unreasonable prejudice to the interests ofconcerned entrepreneurs.
(14) Other than those provided for in paragraphs (5) to (13), necessary matters in connection with the payment ofsecondary use fees mentioned in paragraph (1) and the association mentioned in paragraph (5) shall be provided by Cabinet Order.
(Right oftransfer ofownership) Article 95h.I8. (1) Performers shall have the exclusive right to offertheir performances to the public by transfer ofownership ofsound or visual recordings oftheir performances.
(2) The provision ofthe preceding paragraph shall not apply to the follow1ng:
(i) performances incorporated in visual recordings with the authorization ofa person who has the right mentioned in Article 91, paragraph (1);
(ii) performances mentioned in Article 91, paragraph (2) and incorporated in recordings other than those mentioned in that paragraph.
(3) The provision ofparagraph (1) shall not apply in the case oftransfer ofownership ofsound or visual recordings ofperformances (except those mentioned in items (i) and (ii) ofthe preceding paragraph; the same shall apply hereinafter in this Article) which falls within any ofthe following items:
(i) sound or visual recordings ofperformances the ownership ofwhich hasbeen transferred to thepublicby aperson who has the right mentioned in paragraph (1) orwith the authorization ofsuch person;
(ii) sound orvisualrecordings ofperformances the ownership ofwhich has been transferred to a smallnumber ofspecificpersons by a personwho has theright mentioned in paragraph (1) or withthe authorization ofsuch person;
(iii) sound orvisualrecordings ofperformances the ownership ofwhich has been transferred, outside thejurisdiction ofthis Law, without prejudice to the right equivalent to that mentioned in paragraph (1), or by a person who has the right equivalent to that mentioned in that paragraph or with the authorization ofsuch person.
{Right oflending, etc.) Article 95ter. (1) Performers shall have the exclusive right to offer their performances to the public by lending commercialphonograms incorporating their performances.
(2) The provision ofthe precedingparagraph shall not apply to the lending ofcommercial phonograms going beyond a period as provided by Cabinet Order within the limits ofone to twelve months from the first sale ofsuch phonograms (including commercial phonograms containing the same phonograms as those incorporated in such commercial phonograms; hereinafter referred to as "commercial phonograms going beyond the period").
(3) When those who engage in business oflending commercial phonograms to the public (hereinafter referred to as "commercialphonograms lenders") have offered performances to the public by lending commercial phonograms going beyond the period, they shall pay a reasonable amount ofremuneration to the performers whose performances (in which neighboring rights subsist) are incorporated in such phonograms.
(4) The provisions ofArticle 95, paragraphs (5) to (14) shall apply mutatismutandisto the right to remuneration mentioned in the preceding paragraph. In this case, "broadcasting organizations, etc;" in paragraph (10) ofthe same Article and "broadcasting organizations, etc. mentioned in Article 95, paragraph (1)" in paragraph (12) ofthe same Article shall read "commercial phonograms lenders mentioned inArticle 95ter, paragraph (3)."
(5) The right to royalty with respect to the authorization given by owners ofthe right mentioned in paragraph (1) may be exercised through the intermediary oft]le association, mentioned in Article 95, paragraph (5) which shall apply mutatis mutandisin the preceding paragraph.
(6) The provisions ofArticle 95, paragraphs (7) to (14) shall apply mutatis mutandisin the preceding paragraph. In this case, the provision ofthe second sentence ofparagraph (4) ofthis Article shall apply mutatismutandis.
Section 3 Rights ofProducers ofPhonograms
(Right ofreproduction) Article 96. Producers ofphonograms shall have the exclusive .right to reproduce their phonograms.
(Right ofmaking transmittable) Article 96b.i9. Producers ofphonograms shall have the exclusive right to make their phonograms transmittable.
(Secondary use ofcommercial phonograms) Article 97. (1) When broadcasting organizations, etc. have broadcast or diffused by wire .commercial phonograms (except broadcast or wire diffusion made upon receiving such broadcasts or wire diffusions), they shall pay secondary use fees to theproducerswhose phonograms (which are mentioned inArticle 8, items (i) to (iv) and in which neighboring rights subsist) have been so broadcast or diffused by wire.
(2) The provisions of.Article 95, paragraphs (2) and (4) shall apply mutatismutandisto the producers ofphonograms mentioned in the preceding paragraph, and the provisions ofparagraph (3) ofthe same Article shall apply mutatis mutandisto the termofthe protectionprovided for in the preceding paragraph. In this case, "performers whose performances are fixed in phonograms the producers ofwhich are nationals" in paragraphs (2) to (4) ofthe same Article shall read "producers ofphonograms who are nationals", and "that for which performers are granted the protection" in paragraph (3) ofthe same Article shall read "that for which producers ofphonograms are granted the protection".
(3) Where there is an association (including a federation ofassociations) which is composed ofa considerable number ofproducers ofphonograms practising in this country and which is so designated, with its consent, by the Commissioner ofthe Agency for Cultural Affairs, the right to secondary use fees mentioned in paragraph (1) shall be exercised exclusively through the intermediary ofsuch association.
(4) The provisions ofArticle 95, paragraphs (6) to (14) shall apply mutatis mutandis to secondary use fees mentioned in paragraph (1) and to the association mentioned in the preceding paragraph.
(Right oftransfer ofownership) Article 97b.i.S'. (1) Producers ofphonograms shall have the exclusive right to offer their phonograms to the public by transfer ofownership ofcopies oftheir phonograms.
(2) The provision ofthe preceding paragraph shall not apply in the case oftransfer ofownership of copies ofphonograms which falls within any ofthe following items:
(i) copies ofphonograms the ownership ofwhich has been transferred to the public by a person who has the right mentioned in the precedingparagraph or with the authorization ofsuch person;
(ii) copies ofphonograms the ownership ofwhich has been transferred to a small number of specific persons by a person who has the right mentioned in the preceding paragraph or with the authorization ofsuch person;
(iii) copies ofphonograms the ownership ofwhich has been transferred, outside the jurisdiction ofthis Law, without prejudice to the right equivalent to that mentioned in the preceding paragraph, or by a person who has the right equivalent to that mentioned in that paragraph or with the authorization ofsuch person.
(Right oflending, etc.) Article 97ter. (1) Producers ofphonograms shall have the exclusive right to offer their phongrams to the public by lending commercial phonograms in which their phohograms are reproduced.
(2) The provision ofthe preceding paragraph shall not apply to the lending ofcommercial phonograms going beyond the period.
(3) When commercial phonograms lenders have offered phonograms to the public by lending commercial phonograms going beyond the period, they shall pay a reasonable amount of remuneration to the producers whose phonograms (in which neighboring rights subsist) have been so offered to the public.
(4) The provision of.Article 97, paragraph (3) shall apply mutatis mutandisto the exercise ofthe right to remuneration mentioned in the preceding pamgraph.
(5) The provisions of.Article 95, paragraphs (6) to (14) shall apply mutatismutandisto the remuneration mentioned in paragraph (3) ofthis Article and to associations mentioned in Article 97, paragraph (3) which shall apply mutatismutandisin the preceding paragraph. In this case, the provision ofthe first sentence ofArticle 95ter, paragraph (4) shall apply mutatis mutandis.
(6) The right to royalty with respect to the authorization given by owners ofthe right mentioned in paragraph (1) ofthis Article may be exercised through the intermediary of the association mentioned in Article 97, paragraph (3) which shall apply mutatismutandis in paragraph (4) ofthis Article.
(7) The provision ofparagraph (5) ofthis Article shall apply mutatismutandisin the preceding paragraph. In this case, "Article 95, paragraph (6)" in paragraph (5) shall read "Article 95, paragraph (7)."
Section 4 Rights ofBroadcasting Organizations
(Right ofreproduction) Article 98. Broadcasting organizations shall have the exclusive rights to make sound or visual recordings oftheir broadcasts or those di:ffused by wire from such broadcasts, and to reproduce by means ofphotography or other similar processes the sounds or images incorporated in these broadcasts.
(Rights ofrebroadcasting and wire diffusion) Article 99. (1) Broadcasting organizations shall have the exclusive rights to rebroadcast and to diffuse by wire their broadcasts.
(2) The provision ofthe preceding paragraph shall not apply to the wire diffusion which is made by a person who is required to do so under the provisions oflaws and regulations.
(Right ofmaking transmittable) Article 99bis. Broadcasting organizations shall have the exclusive right to make transmittable their broadcasts or those diffused by wire from such broadcasts.
(Right ofcommunication oftelevision broadcasts) . Article 100. Broadcasting organizations shall have the exclusive right to communicate to the public
their televisionbroadcasts or those diffused by wire from such broadcasts, by means ofa special instrument for enlarging images.
Section 5 Rights ofWire Diffusion Organizations
(Rights ofreproduction) Article lOObis. Wire diffusion organizations shall have the exclusive rights to malce sound or visual recordings oftheir wire diffusions, and to reproduce by means ofphotography or other similar processes the sounds or images :incorporated in their wire diffusions.
(Rights ofbroadcasting and wire rediffusion) Article lOOter. Wire diffusion organizations shall have the exclusive rights to broadcast and to rediffuse by wire their wire diffusions.
(Right ofmaking transmittable) Article lOOquater. Wire diffusion organizations shall have the exclusive right to make their wire diffusions transmittable.
(Right ofcommunication ofwire television diffusions) Article lOOquinquies. Wire diffusion organizations shall have the exclusive right to communicate their wire television diffusions to the public, by means ofa special instrument for enlarging images.
Section 6 Term ofProtection
(Term ofprotection for performances, phonograms, broadcasts and wire diffusions) Article 101 . (1) The duration ofneighboring rights shall begin with the following date: (i) when the performance took place, for performances; (ii) when the first fixation ofsounds was made, for phonograms; (iii) when the broadcast tookplace, for broadcasts; (2) The duration ofneighboring rights shall expire at the end ofa period offifty years from the year following the date:
(i) (ii)
when the performance took place, for performances; · when the publishing was made or when the first fixation ofsounds was m9.de ifthe publishing has not been made within a period offifty years following the first fixation of sounds;
(iii) when the broadcast took place, for broadcasts;
(iv) when the wrre diffusion took place, for wrre diffusions.
Section 7 Inalienability ofMoral Rights, etc. ofPerformers
(Inalienability ofmoral rights ofperformers)
Article 101hm. Moral rights ofthe performer shall be exclusively personal to him and inalienable.
<Protection ofthe moral interests after the performer's death)
Article lOiter. Even after the death ofthe performer, no person who offers or makes available perforinances to the public may commit an act which would be prejudicial to the moral rights ofthe performer ifhe were alive; provided, however, that such act is permitted ifit is deemed not to be against the will ofthe performer in the light ofthe nature and extent ofthe act as well as a change in social situation and other conditions.
Section 8 Limitations, Transfer, Exercise and Registration ofthe Rights
(Limitations on neighboring rights) Article 102. (I) The provisions ofArticle 30, paragraph (1), Articles 31, 32, 35 and 36, Article 37, paragraph (3), Article 38, paragraphs (2) and (4) and Articles 41, 42, 42bmand 44 (except paragraph (2)) shall apply mutatis mutandisto the exploitation ofperformances, phonograms, broadcasts or wire diffusions which are the subject matter ofneighboring rights, the provision ofArticle 30,
paragraph (2) andArticle 47teTshall apply mutatismutandisto the exploitation ofperformances or phonograms which are the subject matter ofneighboring rights, and the provision ofArticle 44, paragraph (2) shall apply mutatismutandisto the exploitation ofperformances, phonograms or wire diffusions which are the subject matter ofneighboring rights. In this case, "Article 23, paragraph (1)" in Article 44, paragraph (1) shall read "Article 92, paragraph (I), Article 99, paragraph (1) or Article 100teT': and "Article 23, paragraph (I)" in Article 44, paragraph (2) shall read "Article 92, paragraph (1) orArticle 100 teT'� (2) Where reproduction is made ofperformances, phonograms, sounds or images ofbroadcasts or wire diffusions (hereinafter referred to as "performances, etc.") in accordance with the provisions of Article32, Article 37, paragraph (3) or Article 42 which apply mutatismutandis in the preceding paragraph, the source must be clearly indicated in the manner and to the extent deemed reasonable by the character ofthe reproduction, provided that standard practice so requires. (3) Where it is permissible to broadcast or diffuse by wire works under the provision ofArticle 39, paragraph (I) or Article 40, paragraph (I) or (2), it shall also be permissible to diffuse by wire the broadcasts or wire diffusions ofsuch works and to communicate them to the public by means ofa special instrument for enlarging images. (4) The following shall be considered to constitute the making ofsound or visualrecordings or the reproduction as mentioned in Article 91, paragraph (1), Article 96, Article 98 or Article IOObm:
(i) the distribution ofcopies ofperformances, etc. made in accordance with the provisions of Article 30, paragraph (1), Article 31, item (i), Article 35, paragraph (I), Article 37, paragraph (3), Article 41, 42 or 42bis, orArticle 44, paragraph (I) or (2) which apply mutatismutandis in paragraph (I) ofthis Article, and the making available to the public ofperformances, of sounds ofphonograms, or ofsounds or images ofbroadcasts or wire di:ffusions by the use of
these copies, for purposes other than those mentioned in these provisions;
(ii) the preservation by broadcasting organizations or wire diffusion organizations ofsound or visual recordings in violation ofthe provisions ofArticle 44, paragraph (3) which apply mutatismutandis in paragraph (I) ofthis Article.
(Relationship with moral rights ofperformers)
Article I02h.z8. No provisions ofthe preceding Article relating to limitations on neighboring rights (except the provisions ofparagraph (3) ofthat Article) may be interpreted as affecting the protection ofthe moral rights ofthe performer. (Transfer, exercise, etc. ofneighboring rights) Article I03. The provision ofArticle 6 I, paragraph (I) shall apply mutatismutandisto the transfer ofneighboring rights, the provision ofArticle 62, paragraph (I) to the expiry ofthese rights, and the provision ofArticle 63 to the authorization to exploit performances, phonograms, broadcasts or wire diffusions, and the provision ofArticle 65 shall apply mutatismutandiswith respect to the joint authorship ofthese rights, and the provision ofArticle 66 with respect to the establishment ofa pledge on these rights. In this case, "Article 23, paragraph (I)" in Article 63, paragraph (5) shall read "Article 92bis, paragraph (I) , Article 96b.zS, Article 99b.zSor Article IOOquatei'. (Registration ofneighboring rights) Article 104. The provisions of.Articles 77 and 78 (except paragraph (2))shall apply mutatismutandis to the registration ofneighboring rights. Inthis case,"the copyright register" in paragraphs (I), (3) and (7) ofthe latter Article shall read "the register ofneighboring rights".
Chapter V Compensation for Private Recording
(Exercise ofthe right to claim compensation forprivate recording) Article I04bis. (I) Where there is an association, whichis established for the purpose ofexercising th right to claim compensation as mentioned·inArticle 30, paragraph (2) (including the case where its application mutatismutandisis provided for under the provision ofArticle I02, paragraph (I); the same shall apply hereinafter in this Chapter. ) (hereinafter in this Chapter referred to as "compensation for private recording") on behalfofthe owners ofsuchright (hereinafter in this Chapter referred to as "the owners ofthe right") and which is designated, with its consent, by the Commissioner ofthe Agency for Cultural .Affairs as the only one association throughout the country for each ofthe following two categories ofcompensation for private recording (hereinafter in this Chapter referred to as "the designated association"), the right to claim compensation for private recording shall be exercised exclusively through the intermediacy ofthe designated association:
(i) compensation for sound recording made for the purpose ofprivate use (excluding such sound recording as made exclusively with visual recording; hereinafter in this Chapter referred to as "private sound recording");
(ii) compensation for visual recording made for the purpose ofprivate use (including such visual recording as made exclusively with sound recording; hereinafter in this Chapter referred to as "private visual recording").
(2) The designated association shall have the authority to deal, on behalfofthe owners ofthe right and in its own name, with juridical and non-juridical matters in regard to the right to claim compensation for private recording.
(Conditions for designation) Article I04ter. The Commissioner ofthe Agency for Cultural .Affairs shall designate only such an association as satisfies the following conditions:
(i) that itis a legalperson established under the provision ofArticle 34 (Establishment of non·pro:fit legal persons) ofthe Civil Law;
(ii) that it is composed of, in the case ofcompensation for private sound recording, the associations mentioned in the following (a), (c) and (d), and, in the case ofcompensation for
private visual recording, the associations mentioned in the following (b), (c) and (d); respectively:
(a) an association (including a federation ofassociations) which is composed ofthe persons holding the right ofreproduction with respect to works ofwhich private sound recording is made, and which is deemed to represent the interests ofsuch right holders in this country;
(b) an association (including a federation ofassociations) which is composed ofthe persons holding the right ofreproduction with respect to works ofwhich private visual recording is made, and which is deemed to represent the interests ofsuch right holders in this country;
(c) an association (including a federation ofassociations) which is composed ofa considerable number ofprofessional performers practising in this country;
(d) an association (including a federation ofassociations) which is composed ofa considerable number ofproducers ofphonograms practising in this country;
(iii) that each ofthe associations mentioned in (a),(b),(c) and (d) in the preceding item satisfies the following conditions:
(a) that it is not established for profit-making; (b) that its members may freelyjoin and withdraw; (c) that its members are granted an equal right to vote and to be elected;
(iv) that it has sufficient ability to conduct properly the business of exercising the right to claim compensation for private recording (including the business relating to the activities mentioned in Article l04octies, paragraph (1); hereinafter in this Chapter referred to as "he business related to compensation") on behalfofthe owners ofthe right.
(Exceptional provisions fur the payment ofcompensation for private recording) Article 104quater. (1) Any purchaser ofa recording machine or a recording medium which is specified by Cabinet Order in accordance with the provision ofArticle 30, paragraph (2) (hereinafter in this Chapter referred to as "a specified recording machine" and "a specified recording medium" respectively) (limited to the initial purchasers ofsuch retailed recording machines or media) shall pay, at the time ofthe purchase and on the claim by the designated association, a lump·sum compensation for private recording the amount ofwhich is fixed, for such recording machine and medium respectively, in accordance with the provision ofArticle l04sexies, paragraph (1). (2) Any person who has paid such compensation may claim its repayment fromthe designated association, by certifying that he or she uses such a specified recording machine or medium exclusively for the purpose other than that ofprivate recording. (3) Notwithstanding the provision ofArticle 30, paragraph (2), any person who makes private recording on a specified recording medium, for which compensation has been paid, by means ofa specified recording machine, for which compensation has been paid, shall not be required to pay compensation for private recording, provided that compensation has not been repaid for such a specified recording machine or medium concerned in accordance with the provision ofthe preceding paragraph. (Cooperation by manufacturers and importers) Article I04quinquies. When the designated association claims compensation for private recording in accordance with the provision ofparagraph (1) ofthe preceding Article, any manufacturer or importer ofspecified recording machines or media shall cooperate with the designated association in claiming and receiving such compensation.
(Amount ofcompensation for private recording) Article 104sexies. (1) Before exercising the right to claim compensation for private recording in accordance with the provision ofArticle 104bis-, paragraph (1), the designated association shall fix the amount ofsuch compensation and obtain the approval thereoffrom the Commissioner ofthe
Agency for Cultural Affairs. The same shall apply when the designated association intends to change such amount.
(2) When the approval mentioned in the precedingparagraph is given, the amount ofcompensation for private recording shall, notwithstanding the provision ofArticle 30, paragraph (2), be that as approved. (3) Before applying for such approval, the designated association shall consult with associations which are composed ofmanufacturers and importers ofspecified recording machines or media and which are deemed to represent their opinions. (4) The Commissioner ofthe Agency for Cultural Affairs shall approve the amount ofcompensation applied for only when it is deemed appropriate by taking into account the spirit ofthe provisions of Article 30, paragraph (1) (including the case where its application mutatismutandisis provided for under the provision ofArticle 102, paragraph (1) ) and Article 104quate_z; paragraph (1), the ordinary rate of sound or visual recording royalty and other circumstances. (5) Before approving the amount ofcompensation, the Commissioner ofthe Agency for Cultural Affairs shall consult the Culture Council.
(Rules on the conduct ofthe business related to compensation) Article 104septies. (1) When initiating the business related to compensation, the designated association shall establish rules on the conduct ofsuch business and report those rules to the Commissioner ofthe Agency for Cultural Affairs. The same shall apply when the designated association intends to amend such rules. (2) The rules mentioned in the preceding paragraph shall include the matters relating to the distribution ofcompensation for private recording (limited to such compensation as paid in accordance with the provision ofArticle 104quater, paragraph (1) ), and the designated association shall take into account the spirit ofthe provision ofArticle 30, paragraph (2) when establishing the rules on such matters.
(Allocation for such activities as contributing to the protection ofcopyright, etc.) · Article 104octies. (1) The designated association shall allocate an amount corresponding to the rate
:fixed by Cabinet Order within 20% ofthe compensation received (limited to such compensation as paid in accordance with the provision ofArticle 104quater, paragraph (1) ) for such activities as contributing to the protection ofcopyright and neighboring rights as well as to the promotion ofthe creation and dissemination ofworks. (2) When intending to draft the Cabinet Order mentioned in the preceding paragraph or to draft its amendment, the Commissioner ofthe Agency for Cultural Affairs shall consult the Culture Council. (3) The Commissioner ofthe Agency for Cultural Affairs may issue to the designated association an order necessary for supervising the business relating to the activities mentioned in paragraph (1) when it is deemed necessary for assuring an proper execution ofsuch business.
(Request fur report, etc.) Article 104nov.ies. The Commissioner ofthe Agency for Cultural Affairs may request the designated association to make a report on its business related to compensation or to submit account books, documents and other information, and may make recommendations necessary for improving the manner ofconduct ofthe business related to compensation when it is deemed necessary for assuring the proper·conduct ofsuch business.
(Mandate to Cabinet Order) Article 104deczes. Other than those provided for in this Chapter, necessary matters with respect to
the designated association and the business related to compensation shall be provided by Cabinet Order.
Chapter VI Settlement ofDisputes (Mediators for the settlement ofdisputes concerning copyright) Article 105. (1) In order to settle, through mediation, disputes concerning the rights provided for in this Law, the Agency for Cultural Affairs shall provide mediators for the settlement ofdisputes concerning copyright (hereinafter in this Chapter referred to as "mediators"). (2) Whenever an affair may arise, mediators not exceeding three in number shall be appointed by the Commissioner ofthe Agency for Cultural Affalrs from among persons oflearning and experience in the field ofcopyright or neighboring rights. (Application for mediation) Article 106. When a dispute may arise in connection with the rights provided for in this Law, the parties concerned may apply for mediation to the Commissioner ofthe Agency for Cultural Affalrs.
(Application fee) Article 107. (1) Applicants shall pay application fee, the amount ofwhich shall be :fixed by Cabin.et Order, taking into account actual cost.
(2) The provision ofthe preceding paragraph shall not apply in the case where a person who shall pay an application fee in accordance with the provision ofthat paragraph is the State, etc. (Submission to mediation) Article 108. (1) Upon receipt ofan application under Article 106 ofboth parties concerned or that of one party to which the other party consented, the Commissioner ofthe Agency for Cultural Affairs shall submit the matter to the mediators. (2) The Commissioner ofthe Agency for Cultural Affairs may desist from submitting a matter to the mediators, when he deems it inappropriate in nature for submission to mediaticm or when he deems that the parties concerned applied for mediation for improper purposes. (Mediation) Article 109. (1) The mediators shall mediate between the parties concerned in order to settle the dispute in conformity with actual circumstances and in consideration ofthe points in dispute. (2) The mediators may stop the mediation when they deem that the likelihood ofsettlement ofthe dispute no longer exists. (Report, etc) Article 110. (1) Upon completion ofthe mediation, the mediators shall report thereon to the Commissioner ofthe Agency for Cultural Affairs. (2) When stopping mediation, they shall inform the parties concerned thereofand indicate the reasons therefor, which shall also be reported to the Commissioner ofthe Agency for Cultural Affairs. (Mandate to Cabinet Order) Article 111. Other than those provided for in this Chapter, necessary matters in connection with procedures ofmediation and mediators shall be provided by Cabinet Order.
Chapter VII Infringements
(Right ofdemanding cessation)
Article 112. (1) Against those who infringe or are likely to infringe moral rights of authors, copyright, right ofpublication, moral rights ofperformers or neighboring rights, the author, the performer or
the owner ofcopyright, right ofpublication or neighboring rights maymake a demand for cessation or prevention ofsuch infringements. (2) In making such demand, the author, the performer or the owner ofcopyright, right ofpublication or neighboring rights may demand to take measures necessary to effect such cessation or prevention ofinfringement, such as the abandonment ofobjects the making ofwhich constituted ail infringement, objects made by an act ofinfringement or implements and tools used solely for an infringement.
(Acts considered to be infringements) Article 113. (1) The following acts shall be considered to constitute infringements on moral rights of authors, copyright, right ofpublication, moral rights ofperformers or neighboring rights: (i) the importation into this country, for distribution, ofobjects made by an act which would
constitute an infringement on moral rights ofauthors, copyright, right ofpublication, moral rights ofperformers or neighboring rights ifthey were made in this country at the time of such importation;
(ii) the distribution or thepossession for distribution ofobjects made by an actinfringing moral rights, copyright, right ofpublication or neighboring rights.(including those imported as mentioned in the preceding item) by a person who is aware ofsuch infringement.
(2) An act ofusing on a computer, in the conduct ofbusiness, copies made by an act infringing copyright in a program work (including copies made by the owner ofsuch copies in accordance with the provision ofArticle 47his, paragraph (1) as well as copies ofa program work imported as mentioned in item (i) ofthe preceding paragraph and copies made by the owner ofsuch imported copies in accordance with the provision ofArticle 47his, paragraph (1)) shall be considered to constitute an infringement on that copyright, so far as a person using such copies is aware ofsuch infringement at the time when he has acquired an authority to use these copies. (3) The following acts shall be considered to co�stitute infringements on moral rights ofauthors, copyright, moral rights ofperformers or neighboring rights relating to rights management information concerned: (i) the intentional addition offalse information as rights management information; (ii) the intentional removal or alteration ofrights management information excluding the case
where such act is conditional upon technology involved in the conversion ofrecording or transmission systems or othercases where it is deemed unavoidable in the light ofthe purpose and the manner ofexploiting works or performances, etc.;
(iii) the distribution, importation for distribution or possession for distribution ofcopies ofworks or performances, etc. by a person who knows that any act mentioned in the preceding two items has been done concerning such works or performances, etc. or the public transmission or making transmittable ofsuch works or performances, etc. by such person.
(4) For the application ofthe provisions oftheprecedingparagraph, the right to secondary use fees mentioned inArticle 95, paragraph (1) andArticle 97, paragraph (1) and the right to remuneration mentioned in Article 95tel; paragraph(3) and Article 97ter, paragraph (3) shall be considered as neighboring rights. In this case, "the owners ofneighboring rights" in the precedingArticle shall read "the owners ofneighboring rights (including the owners ofthe rights considered as neighboring rights in accordance with the provisions ofparagraph (4) ofthe nextArticle)", and "neighboring rights" in paragraph(1) ofthe preceding Article shall read "neighboring rights (including the rights considered as neighboring rights in accordance with the provisions ofparagraph (4) ofthe next Article)". (5) An act ofexploitation ofa workprejudicial to the honour or reputation ofthe author shall be considered to constitute an infringement on his moral rights.
(Exceptional provisions to the right oftransfer ofownership in relation to a bona fidethird party) Article 113h.is. When the ownership ofthe original or copies ofworks (excluding copies of cinematographic works (including copies ofcinematographic works in the case ofworks reproduced in cinematographic works); the same shall applyhereinafter in this Article), sound or visual recordings ofperformances or copies ofphonograms has been transferred to a person who does not know or has no negligence in not knowing that such original or copies ofworks, sound or visual recordings ofperformances or copies ofphonograms do not fall within any ofthe items ofArticle 26bis, paragraph (2), Article 95h.is, paragraph (3) or Article 97his, paragraph (2), respectively, an act by such person to transfer to the public the ownership ofsuch original or copies ofworks, sound or visual recordings ofperformances or copies ofphonograms shall be considered not to constitute an infringement on the rights mentioned in Article 26his, paragraph (I), Article 95his, paragraph (I) or Article 97his, paragraph (I).
<Presumption ofthe amount ofdamages) Article 114. (I) In the case where the owner ofcopyright, right ofpublication or neighboring rights (hereinafter in this paragraph referred to as "the owner ofcopyright, etc.") claims compensation for damages from a person who infringed intentionally or negligently any ofthese rights, ifsuch infringer has transferred the ownership ofobjects made by such act ofinfringement or has made the public transmission (including the making transmittable in the case ofthe interactive transmission)
constituting such infringement, the amount obtained by multiplying the number ofobjects so transferred or the number ofcopies made ofworks orperformances, etc. as a result ofreception by the public ofsuch transmission (hereinafter in this paragraph the number ofsuch objects or ofsuch copies is referred to ae "the number ofobjects, etc." and such copies are as "reception copies"), by the amount ofprofits per unit from such sale ofobjects (including reception copies) as the owner of copyright, etc. could make ifthere was no such infringement, can be considered as equivalent to the amount ofdamages suffered by such owner, within the limits ofthe amount corresponding to the
ability ofsuch owner to sell such objects or do other acts relating to them. However, ifthere are some circumstances under which the owner ofcopyright, etc. cannot sell as many number ofobjects as corresponding to the whole or a part ofthe number ofobjects, etc., the amount proportionate to the number corresponding to such circumstances shall be deducted.
(2) In the case where the owner ofcopyright, right ofpublication or neighboring rights claims compensation for damages from a person who has infringed intentionally or negligently any ofthese
rights, the profits, ifany, obtained by the infringer from that infringement shall be presumed to be
the amount ofdamages suffered by such owner.
(3) The owner ofcopyright or neighboringrights may claim compensation for damages from a person who has infringed intentionally or negligently their copyright or neighboring rights, the
amount ofdamages suffered being that corresponding to the amount ofmoney which would be received by them through the exercise ofthese rights. (4) The provision ofthe preceding paragraph shall notprejudice any claim to compensation for damages in excess ofthe amount mentioned therein. In this case, the court may consider the
absence ofany bad faith or gross negligence on the part ofthe infringer in fixing the amount of
damages.
(Duty to clarify the actuality) Article 114bis. In a lawsuit relating to an infringement on moral rights ofauthors, copyright, right ofpublication, moral rights ofperformers or neighboring rights, ifthe other party denies the actuality ofobjects which the authors, the performer or the owner ofcopyright, right ofpublication
or neighboring rights claims as those constituting such infringement or those made by an act of infringement, such party shall clarify the actuality ofhis acts, unless there are reasonable reasons for which the party cannot make such clarification.
(Submission ofdocuments, etc.) Article 114ter. (1) In a lawsuit relating to infringements on copyright, right ofpublication or neighboring rights, the court may, at the request ofthe parties concerned, order them to submit documents necessary for the proof ofacts ofinfringements concerned for the account ofdamages caused by acts ofinfringements concerned, except in the�ase where a possessor ofsuch documents refuses, with reasonable justification, to submit them. (2) The court may make a possessor ofthe documents present such documents when it deems necessary for judging whether there is such reasonable justification as mentioned in the proviso to the preceding paragraph. In this case, any person may not ask for the disclosure ofsuch documents so made available. (3) The provisions ofthe prece�g two paragraphs shall apply mutatis mutandis to the making available ofsuch objects ofinspection as necessary for the proofofacts ofinfringement concerned in a lawsuit relating to infringements on copyright, right ofpublication or neighboring rights.
(Duty ofthe parties concerned to explain to an appraiser) Article 114quater. When the court, in a lawsuit relating to an infringement on copyright, right of publication or neighboring rights, has ordered, at the request ofthe parties concerned, an appraisal as to matters necessary for the account ofdamages caused by acts ofinfringement concerned, the parties concerned shall explain to an appraiser as to matters necessary for such appraisal.
(Award ofa reasonable amount ofdamages) Article 114quinquies. In the case where it is found that there has been damages caused in a lawsuit relating to an infringement on copyright, right ofpublication or neighboring rights, ifit is extremely difficult from the nature offacts concerned, to prove facts necessary for the proof ofthe amount of damages, the court way award a reasonable amount ofdamages based upon all the gist of oral proceedings and the results ofthe taking ofevidence.
(Measures for recovery ofhonour, etc) Article 115. The author or the performer may demand the person who has infringed his moral rights intentionally or negligently to take measures necessary to identify him as the author or the performer, to correct distortions, mutilations, or modifications or to recover his honour or reputation either in place ofor together with indemnification ofdamages.
(Measures to protect the moral interests after the author's or the performer's death) Article 116. (1) After the death ofthe author or the performer, his bereaved family ("bereaved family" means surviving spouse, children, parents, grandchildren, grandparents, brothers or sisters ofthe dead author or pmformer; the same shall apply hereinafter in this Article) may make a demand mentioned in Article 112 ofa person who violates or is likely to violate the provision of Article 60 or Article lOlteTwith respect to the author or the performer concerned, or a demand mentioned in the preceding Article ofa person who has infringed moralrights ofauthors or performers intentionally or negligently or who has violated the provision ofArticle 60 or Article lOi ter. (2) Unless otherwise determined by the will ofthe author or the performer, a demand by the bereaved family mentioned in the preceding paragraph may be made in the order ofthe enumeration ofthe bereaved family in that paragraph.
(3) The author or the performer may appoint by will apersonwho acts for the bereavedfamily. In this case, the appointed person may notmake a demand afterthe expiration ofa period of:fifty years from the year following the date ofthe author's or performer's death or, ifany bereaved family still survive at the time ofsuch expiration, after the death ofall the bereaved family.
(Infringement with respect to ajointwork, etc.) Article 117. (I) Each co-author of, or each co-owner ofthe copyright in, a joint work shall be entitled to make, without the consent ofthe other co-authors or co-oWn.ers ofthe copyright, a demand mentioned inArticle 112 or a demand for compensation for damages to his share or a demand for the surrender ofunjust enrichment corresponding to his share. (2) The provision oftheprecedingparagraph shall apply mutatis mutandis to an infringement on copyright or neighboring rights in co-ownership.
(Safeguard ofrights in anonymous or pseudonymous works) Article 118. (I) The publisher ofan anonymous orpseudonymous work shall be entitled to make, in his own name and in favour ofthe author or the copyright owner ofthe work, a demand mentioned inArticle II2, orArticle I I5 orArticle I I6, paragraph (I) or a demand for compensation or the surrender ofunjust enrichment, provided that the pseudonym is not generally known as that ofthe author and that the true name ofthe author is not registered under the provision ofArticle 75, paragraph (I), (2) A person whose true name or generally known pseudonym is indicated as the name ofthe publisher in the customary manner on copies ofan anonymous orpseudonymous work shall be presumed to be the publisher ofthat work.
ChapterVlli Penal Provisions
Article 119. The following shall be punishable by imprisonment for a term not exceeding three years or a fine not exceedingthree million Yen:
(i) any person who infringes moral rights ofauthors, copyright, right ofpublication, moral rights ofperformers or neighboring rights (excluding those who reproduce by themselves works or performances, etc. for the purpose ofprivate use as mentioned in Article 30, paragraph (I) (includingthe case where its application mutatis mutandisis provided for underthe provision ofArticle 102, paragraph (I)) or who does an act considered to constitute an infringement on moral rights ofauthors, copyright, moral rights ofperformers or neighboring rights (including the rights considered as neighboring rights in accordance with the provisions ofArticle I I3, paragraph (4); the same shall apply in Article I20bis, item (iii)) under Article 113, paragraph (3);
(ii) any person who, for profit-making purposes, causes others to use automatic reproducing machines mentioned in Article 30, paragraph (I), item (i) for such reproduction ofworks or performances, etc. as constitutes an infringement on copyright, right ofpublication or neighboring rights.
Article I20. Any person who violates the provision ofArticle 60 orArticle lOitershall be punishable by a fine not exceeding three million yen.
Article 120b.z8. The following shall be punishable by imprisonment for a term not exceeding one year or a fine not exceeding one million Yen;
(j) any person who transfers to the public the ownership of, or lends to the public, manufactures, imports or possesses for transfer ofownership or lending to the public, or offers for the use by the public, a device having a principal function for the circumvention of technological protection measures (such a device includes such a set ofparts ofa device as can be easily assembled) or copies ofa program having a principal function for circumvention oftechnological protection measures, or transmits publicly or makes transmittable such program;
(ij) - anyperson who, as a business, circumvents technological protection measures ih response to a request from the public;
(iij) any personwho, for pro:fit·making purposes, does an act considered to constitute an infringement on moral rights ofauthors, copyright, moral rights ofperformers or neighboring rights under the provisions ofArticle 1 13, paragraph (3).
Article 121. Any person who distributes copies ofworks on whichthe true name or generally known pseudonym ofa non·author is indicated as the name ofthe author (including copies ofderivative works on which the true name or generally known pseudonym ofa non·author ofthe original work is indicated as the name ofthe original author) shall be punishable by imprisonment for a term not exceeding one year or a :fine not exceeding one million Yen.
Article 121h.IB. Any person who makes, distributes or possesses for distribution copies ofcomme;rcial phonograms reproduced from any ofthe following commercialphonograms (including copies ofsuch commercial phonograms and those made through one or more intervening copies) shall be punishable by imprisonment for a term not exceeding one year or a :fine not exceeding one million Yen, provided that such making, distribution or possession ofcopies is made within a period offifty years fromthe year following the date ofthe :first :fixation ofsounds on matrices ofphonograms:
(j) commercial phonograms which have been manufactured, by those engaging in the business ofmanufacturing commercialphonograms in this country, from matrices ofphonograms (except those phonograms falling within any ofthe four items ofArticle 8) offered by producers ofphonograms;
(ij) commercial phonograms which have been manufactured, by those engaging in the business ofmanufacturing commercialphonograms outside the jurisdiction ofthis Law, from matrices ofphonograms (except those phonograms fallingwithin any ofthe four items of Article 8) offered by producers ofphonograms who are nationals ofany ofthe Contracting States ofthe Convention for the Protection ofPerformers, etc., the members ofthe World Trade Organization or the Contracting States ofthe Phonograms Convention ("nationals" includes legal persons established under the law ofsuch State or member and those who have their principal offices in such State or member).
Article 122. Any personwho violates the provisions ofArticle 48 or Article 102, paragraph (2) shall be punishable by a :fine not exceeding three hundred thousand Yen.
Article 123. (1) In the case ofoffences under Article 119, Article 120bz8, item (ij) and Article 121bz8, the prosecution shall take place only upon the complaint ofthe injured person.
(2) A publisher ofan anonymous or a pseudonymous workmaylodge a complaint with respect to such workpublished by him, except in the cases where the proviso to Article 1 18, paragraph (1) is applicable and where the complaint is contrary to the express will ofthe author.
Article 124. (1) Where a representative ofa legal person (including an administrator ofa non-juridical association or foundation) or an agent, an employee or any other worker ofa legal person or a person violates the provisions mentioned in any ofthe followingitems in connectionwith the business of such legal person or such person, a fine under any ofthese items shall be imposed upon such legal person, and a fine under any ofthe Articles mentioned in item(ii) shall be imposed upon such person1 in addition to thepunishment ofthe offender: (i) Article 119, item (i) (except parts ofthe provisions relating to moral rights ofthe author or
the performer) : a fine not exceeding a hundred million yen; (ii) Article 119, item (i) (only parts ofthe provisions relating to moral rights ofthe author or the
performer) or (ii), orArticle Article 120 to Article 122: a fine under any ofthese Articles. (2) In the case where the provision ofthe preceding paragraph applies to a non-juridical association or foundation, its representative or administrator shall represent such association or foundation with regard to proceedings, and the provisions.ofthe Code ofCriminal Procedure which are applicable when a legal person is the accused or the suspect shall apply mutatismutandis. (3) In the case ofparagraph (1), a complaint lodged against an offender or the withdrawal of such complaint shall be effective also with respect to the legal person or the person concerned, and a complaint lodged against a legalperson or a person or the withdrawal ofsuch complai.-.1t shall be eftective also with respect to the offender concerned.
Supplementary Provisions
(Date ofenforcement) Article 1. This Law shall come into force on January 1, 1971.
(Transitory measures: the scope ofapplication) Article 2. (1) The provisions relating to copyright ofthe revised Copyright Law (hereinafter referred to as "the new Law") shall not apply to works in which copyright under the CopyrightLaw before amendment (hereinafter referred to as "the old Law") have all expired at the time ofcoming into force ofthis Law.
(2) With respect to works in which copyright under the old Law have partly expired at the time of coming into force ofthis Law, the provisions in the new Law concernedwiththe expired .parts shall not apply. (3) Notwithstanding the provisions ofArticles 7 and 8 ofthe new Law, the provisions relating to neighboring rights ofthe new Law (including the provisions ofArticle 95, Article 95ter, paragraphs (3) and (4), Article 97 and Article 97 ter, paragraphs (3) to (5) ; the same shall apply in Article 15, paragraph (1) ofthe Supplementary Provisions) shall apply to performances which took place before the enforcement ofthis Law (excluding those falling within any ofthe items ofAlticle 7 ofthe new Law) or to phonograms composed ofthe sounds which were first fixed before the enforcement ofthis Law (excluding those falling within any ofthe items ofArticle 8 ofthe new Law), being performances or phonograms in which copyright under the old Law subsists at the time ofcoming into force ofthis Law.
(Transitory measures: translations, etc. made by the State, etc.) Article 3. With respect to works which fall withinArticle 13, item (iv) ofthe new Law and on which the right ofpublication under the old Law is established at the time ofthe enforcement ofthis Law, the provision ofthat item shall not apply only within the duration ofthat right.
(Transitory measures: the author ofa work madeunderthe name ofa legalperson, etc.) Article 4. The provisions ofArticles 15 and 16 ofthe new Law shall notapplyto works created before the enforcement ofthis Law.
(Transitory measures: lending ofbooks, etc.) Article 4bis. The provision ofArticle 26terofthe new Law shall not apply for the time being to the lending ofbooks or magazines (excluding those consisting mainly ofmusic).
(Transitory measures: the ownership ofcopyright in cinematographic works, etc) Article 5. (1) The provisions ofthe old Law shall still apply to the ownership ofcopyright in cinematographic works, mentioned in Article 29 ofthe newLaw, whichwere created before the enforcement ofthis Law.
(2) The provisions ofthe new Law shall not prejudice the effect ofthe provisions ofArticle 24 or 25 of the old Law on the ownership ofcopyright in photographic works included in other works before the enforcement ofthis Law and on the ownership ofcopyright in portrait photographs created on commission before the enforcement ofthis Law.
(Transitory measures: automatic reproducing machines) Article 5bis. For the application ofthe provisions ofArticle 30, paragraph (1), item (i) and Article 119, item (ii) ofthe new Law, the words "automatic reproducing machines" mentioned in these provisions shall not include for the time being those exclusively for use in copying writings or printings.
(Transitory measures: artistic works placed in an open place) Article 6. The owner ofcopyright in an artistic work permanently placed in such an open place as mentioned in Article 45, paragraph (2) ofthe new Law at the time ofthe enforcement ofthis Law, shall be considered to have authorized the exhibition ofthat work by placing its original in an open place.
(Transitory measures: term ofprotection) . Article 7. The provisions ofthe old Law shall still apply to the duration ofcopyright in works made public before the enforcement ofthis Law, provided that the duration under the old Law is longer than that provided in the provisions DfSection 4 ofChapter II ofthe new Law.
(Transitory measures: duration ofthe right oftranslation) Article 8. The provisions ofArticles 7 and 9 ofthe old Law shall still be effective with respect to works published before the enforcement ofthis Law.
(Transitory measures: disposal ofcopyright) Article 9. The transfer and other disposal, made before the enforcement ofthis Law, ofcopyright under the old Law shall be considered made under the new Law, except those falling within the provision ofArticle 15, paragraph (1) ofthe Supplementary Provisions.
(Transitory measures: joint works) Article 10. (1) The provisions ofArticle 13, paragraphs (1) and (3) ofthe old Law shall still be effective with respect to works created before the enforcement ofthis Law by two or more persons in which the contribution ofeach person can be separately exploited.
(2) For the application ofthe provisions ofArticle 51, paragraph (2) and Article 52, paragraph (1) of the newLaw, works mentioned in the preceding pru;agraph shall be considered to constitute joint works.
(Transitory measures: exploitation ofworks under compulsory license) Article 11. (1) The provision ofArticle 69 ofthe new Law shall not apply to the making ofsound recordings ofmusical works incorporated in commercial phonograms which wer-e put on sale in this country before the enforcement ofthis Law. (2) The person who would be entitled to exploitworks in accordance with the pro�ion ofArticle 22quinquies, paragraph (2) or Article 27, paragraph (1) or (2) ofthe old Law shall be entitled to continue to exploit these works in accordance with such provision. (3) The amount ofcompensation fixed by the Commissioner ofthe Agency for CulturalAffairs in accordance with the provision ofArticle 22quinquies, paragraph (2) orArticle 27, paragraph (2) of the old Law shall be considered as that fixed in accordance with the provision ofArticle 68, paragraph (1) or Article 67, paragraph (1) ofthe new Law, and the provisions ofArticles 72 and 73 ofthe new Law shall apply. (4) In the preceding paragraph, where the pa.."ties concerned who are dissatisfied with the amount of compensation learn ofthe issuance ofa license before the enforcement ofthisLaw, a period mentioned in Article 72, paragraph (1) ofthe new Law shall be calculated from the date of enforcement ofthis Law.
(Transitory measures: registrations) Article 12. (1) The disposal ofand procedures for registrations ofcopyright, ofthe true name or of the date of first publication mentioned in Article 15 ofthe old Law, made before the enforcement of this Law, shall be considered as those mentioned in Articles 75 to 77 ofthe new Law, except those falling within the provision ofArticle 15, paragraph (3) ofthe Supplementary Provisions. (2) The provision ofArticle 35, paragraph (5) ofthe old Law shall still be effective with respect to works, the date offirst publication ofwhich, at the time ofthe enforcement ofthis Law, is registered in accordance with the provision ofArticle 15, paragraph (3) ofthe old Law.
(Transitory measures: right ofpublication) Article 13. (1) The right ofpublication under the old Law which was established before the enforcement ofthis Law and which subsists at the time ofenforcement ofthis Law shall be considered to be established under the new Law. {2) The disposal ofand procedures for registrations ofthe right ofpublication mentioned in Article 28decJesofthe old Law, made before the enforcement ofthis Law, shall be considered as those mentioned in Article 88 ofthe new Law. (3) Notwithstanding the provisions ofArticles 80 to 85 ofthe new Law, the provisions ofArticles 28teTto 28octiesofthe old Law shall still be effective with respect to the right ofpublication mentioned in paragraph (1) ofthis Article.
Article 14. Deleted.
(Transitory measures: neighboring rights)
Article 15. (1) The transfer and other disposal, made before the enforcement ofthis Law, of copyrightunder the old Law in performances which took place before the enforcement ofthis Law or in phonograms composed ofthe sounds which were first fixed before the enforcement ofthis Law, being performances or phonograms to which the provisions relating to neighboring rights ofthe new
Law shall apply as from the date ofenforcement ofthis Law, shall be considered as the transfer and other disposal ofneighboring rights in such performances or phonograms underthe new Law.
(2) Where the duration ofneighboring rights in performances or phonograms, mentioned in the preceding paragraph, in which copyright under the old Law subsists at the time ofcoming into force ofthis Law is to expire after the end ofa period provided in Article 101 ofthe new Law, the duration ofneighboring rights in such performances or phonograms shall, notwithstanding the provisions of thatArticle, expire at the end ofthe duration ofcopyright in such performances or phonograms or under the old Law or at the end ofa period offifty years following the date ofenforcement ofthis Law ifthe duration ofcopyright in such performances or phonograms under the old Law is to expire after the end ofthat period. (3) The disposal ofand procedures for registrations ofcopyright in performances or phonograms, mentioned in paragraph (1) ofthis Article, made before the enforcement ofthis Law in accordance with the provision ofArticle 15, paragraph (1) ofthe old Law, shall be considered made in accordance withthe provision ofArticle 104 ofthe new Law. (4) The provisions ofArticle 10, paragraph (1) and Article 12, paragraph (2) ofthe Supplementary Provisions shall apply mutatismutanclisto performances and phonograms mentioned inparagraph (1) ofthis Article.
(Transitocy measures: distribution, etc. ofcopies) Article 16. Copies ofworks, performances or phonograms which were made before the enforcement ofthis Law and which would be lawful under the provisions ofSubsection 5 ofSection 3 ofChapter II ofthis Law (including the case where their application mutatismutanclisis provided for under Article 102, paragraph (1) ofthe new Law) may be used or distributed to the extent ofthe purpose of the reproduction as mentioned :in these provisions. In this case, the provision ofArticle 113, paragraph (1), item (ij) ofthe new Law shall not apply.
(Transitocy measures: infringements) Article 17. Notwithstanding the provisions ofArticle 14 and Chapter Vll ofthe new Law, the provisions ofArticles 12, 28undecies, 29, 33 and 34, Article 35, paragraphs (1) tO (4), and Articles 36 and 36b.Z:S.ofthe old Law shall still apply to acts, made before the enforcement ofthis Law, which violate the provision ofArticle 18, paragraph (1) or (2) ofthe old Law or which fall within the infringements provided for in Chapter III ofthe old Law (including acts infringing the right of publication).
(Transitocy measures: penalprovisions) Article 18. The penal provisions ofthe old Law shall still apply to acts made before the enforcement ofthis Law.
Supplementacy Provisions (Law No.49, of 1978)
(Date ofenforcement) 1. This Law shall come into force as from the day on which the Convention for the Protection of Producers ofPhonograms Against Unauthorized Duplication ofTheir Phonograms becomes effective with respect to Japan. [This Law came into force on October 14, 1978.]
(Transitory measures) 2. The provisions relating to neighboring rights ofthe amended Copyright Law shall not apply to the phonograms, mentioned in Article 8, item (ili) ofthe amended Copyright Law, which are composed ofthe sounds first fixed before the enforcement ofthis Law.
Supplementary Provisions (Extract) (Law No.45, of 1981)
(Date ofenforcement) 1. This Law shall come into force on the date ofits promulgation. [This Law came into force onMay 19, 1981.]
Supplementary Provisions (Extract) (Law No.78, of 1983)
(Date ofenforcement) 1. This Law (exceptArticle 1) shall come into force on July 1, 1984.
Supplementary Provisions (Extract) (Law No.23, of 1984)
(Date ofenforcement) 1. This Law shall come into force twenty days after the date ofits promulgation. [This Law came into force on May 21, 1984.]
Supplementary Provisions · (Law No.46, of 1984)
(Date ofenforcement) 1. This Law shall come into force on January 1, 1985.
(Repealofthe Interim Measure Law) 2. The Law to Take an Interim Measure for the Protection ofthe Rights ofAuthors, etc. with Respect to the Lending ofCommercial Phonograms to the Public (Law No.76, of 1983; hereinafter referred to as "the Interim Measure Law") shall be hereby repealed.
(Transitory measures required bythe repeal ofthe Interim Measure Law) 3. Notwithstanding the provisions ofArticles 26bis, 95hisand 97hisofthe amended Copyright Law, those who have obtained authorization with respect to the lending to the public ofcommercial phonograms in accordance with the provisions ofthe Interim Measure Law before the enforcement ofthis Law may offer to the public such works, performances and phonograms as reproduced in such commercial phonograms by lending such commercial phonograms, within the scope of conditions ofthat authorization.
4. The provisions ofthe Interim Measure Law (including a Cabinet Order under it) shall still be effective with respect to acts made before the enforcement ofthisLaw in violation ofthe provision of Article 4, paragraph (1) ofthe Interim Measure Law.
Supplementary Provisions (Extract) (Law No.62, of 1985)
(Date ofenforcement) 1. This Law shall come into force on January 1, 1986. However, the provision for amendment to insert Article 76bz8next to Article 76 and the amended provision ofArticle 78, paragraph (1) as well as the provision ofparagraph 6 ofthe Supplementary Provisions shall come into force on the date of enforcement ofthe law mentioned in Article 78bisofthe amended Copyright Law [on April 1, 1987] .
(Transitory measures: works made by an employee in the course ofhis duties) 2. The provisions ofArticle 15 ofthe amended Copyright Law shall still apply to works created after the enforcement ofthis Law, and the provision ofArticle 15 ofthe Copyright Law before amendment shall still apply to works created before the enforcement ofthis Law.
(Transitory measures: registration ofthe date ofcreation) 3. The provision ofthe proviso to Article 76bis, paragraph (1) shall not apply to the registration made under the provision ofthe same paragraph ofpr.ogram works created within s:ix months before the date ofenforcement ofthe law referred to inArticle 78bisofthe amended Copyright Law, until the lapse ofthree months from that date ofenforcement.
(Transitory measures: use ofcopies ofprogram works) 4. The provision ofArticle 113, paragraph (2) ofthe amended Copyright Law shall not apply to copies ofa program work which were made before the enforcement ofthis Law and which would be lawful and could be preserved underthe provisions ofArticle 47hisofthe amended Copyright Law.
(Transitory measures: penal provisions) 5. The penal provisions ofthe Copyright Law before amendment shall still apply to acts made before the enforcement ofthis Law.
Supplementary Provisions (Law No.64, of 1986)
(Date ofenforcement) 1. This Law shall come into force on January 1, 1987.
(Transitory measures: ownership ofcopyright in cinematographic works made fur wire diffusion purposes) 2. The provisions ofArticle 29 ofthe Copyright Law before amendment shall still apply to the ownership ofcopyright in cinematographic works, mentioned in Article 29, paragraph (3) ofthe amended Copyright Law, which were created before the enforcement ofthis Law.
(Transitory measures: neighboring rights ofwire diffusion organizations and performers) 3. The provisions ofthe amended Copyright Law relating to neighboring rights ofwire diffusion organizations and performers (including the provisions ofArticle 95 and Article 95ter, paragraphs (3) and (4)) shall not apply to wire diffusions which took place before the enforcement ofthis Law nor to performances transmitted through such wire diffusions (excluding such performances as fall within items (i) to (ili) ofArticle 7 ofthe Copyright Law).
(Transitory measures: penalprovisions) 4. The penal provisions ofthe Copyright Law before amendment shall still apply to acts made before the enforcement ofthis Law.
Supplementary Provisions (Law No.87, of 1988)
(Date ofenforcement) 1. This Law shall come into force twenty days after the date ofits promulgation. [This Law came into force on November 21, 1988.]
(Transitory measures) 2. The provision ofArticle 121, item (ii) ofthe amended Copyright Law shall not apply to the following acts made after the enforcement ofthis Law:
(i) the making or the distribution ofcopies ofcommercial phonograms reproduced from commercial phonograms which have been manufactured, by those engaging in the business ofmanufacturing commercial phonograms in this country, from matrices ofphonograms (except those phonograms falling within any ofthe three items ofArticle 8) offered by producers ofphonograms (in the next item, referred to as "commercial phonograms which have been manufactured from matrices coming from certain foreign countries") and in relation to which twenty years from the year following the date ofthe first fixation ofsounds on the matrices (in the next item, referred to as "a prohibition period before amendment") have passed before the enforcement ofthis Law;
(ii) the distribution ofcopies, made before a prohibition period before amendment has passed, of commercial phonograms which have been manufactured from matrices coming from certain foreign countries and in relation to which a prohibition period before amendment has passed before the enforcement ofthis Law.
Supplementary Provisions (Law No.43, of 1989)
(Date ofenforcement) 1. This Law shall come into force as from the day on which the International Convention for the Protection ofPerformers, Producers ofPhonograms and Broadcasting Organizations becomes effective with respect to Japan. [This Law came into force on October 26, 1989.]
(Transitory measures: performances, etc. to which Japan has the obligation to grantprotection under a treaty) 2. The provisions relating to neighboring rights (including the provisions ofArticles 95 and 97) ofthe amended Copyright Law (hereinafter referred to as "the new Law") shall not apply to the following:
(i) performances, mentioned in Article 7, item (v) ofthe new Law, which took place before the enforcement ofthis Law;
(ii) phonograms, mentioned in Article 8, item (iii) of the new Law, which are composed ofthe sounds first fixed before the enforcement ofthis Law (excluding those phonograms as referred to in the next paragraph);
(iii) broadcasts, mentioned in Article 9, item (iii) ofthe new Law, which took place before the enforcement ofthis Law.
3. The Copyright Law before amendment shall still apply to phonograms, mentioned in Article 8, item (iii) ofthe new Law, which are composed ofthe sounds first fixed before the enforcement ofthis Law and to which Japan has the obligation to grant protection under the Convention for the Protection ofProducers ofPhonograms Against Unauthorized Duplication ofTheir Phonograms.
(Transitory measures: foreign performers who did not have habitual residence in this country) 4. The provisions relating to neighboring rights (including the provisions ofArticle 95 and Article 95teJ; paragraphs (3) and (4) ) ofthe new Law shall not apply to foreign performers whose performances took place before the enforcement ofthis Law and who did not have habitual residence in this country at the time when their performances took place, provided that their performances do not fall within those which took place before the.enforcement ofthe Copyright Law and in which copyright under the old Copyright Law (Law No.39, of 1899) subsists at the time of coming into force ofthe Copyright Law.
Supplementary Provisions (Law No.63, of 1991)
(Date ofenforcement) 1. This Law shall come into force on January 1, 1992.
(Transitory measures) 2. The amended provisions ofArticle 95tershall not apply to performances, mentioned in Article 7, item (v), which took place before the enforcement ofthe Law for Partial Amendments to the Copyright Law (Law No. 43, of 1989; in the next paragraph, item (ij) referred to as "the Amendments Law of 1989").
3. The amended provisions ofArticle 97tershall not apply to the following phonograms:
(i) phonograms (excluding those mentioned in Article 8, item (i) or (ll)) to which Japan has the obligation to grant protection under the Convention for the Protection ofProducers of Phonograms Against Unauthorized Duplication ofTheir Phonograms {in the next item and paragraph 5, item (ill) ofthe Supplementary Provisions, referred to as "the Phonograms Convention") and which are composed ofthe sounds first fixed before the enforcement ofthe Law for Partial Amendments to the Copyright Law (Law No. 49, of 1978);
(ll) phonograms, mentioned inArticle 8, item (ill) (excluding those to which Japan has the obligation to grant protection under the Phonograms Convention), which are composed of the sounds first fixed before the enforcement ofthe Amendments Law of 1989.
4. The provision before amendment ofArticle 95ter, paragraph (2) shall still apply to the starting date ofcalculating a period for commercial phonograms going beyond the period, mentioned in Article 95tez; paragraph (2), with respect to the right ofperformers and producers ofphonograms to offer to the public, by means oflending, their commercial phonograms first sold before the enforcement ofthis Law, provided that such commercial phonograms are those in which performances mentioned in Article 7, items (i) to (iv) or phonograms mentioned in Article 8, item (i) or (ij) are incorporated.
5. The amended provisions ofArticle 121bisshall not apply to any ofthe following acts made after the enforcement ofthis Law:
(i) the making, the distribution or the possession for distribution, ofcopies ofcommercial phonograms reproduced from commercial phonograms (including copies ofsuch commercial phonograms and those made through one or more intervening copies) which have been manufactured, by those engagingin the business ofmanufacturing commercial phonograms in this country, from matrices ofphonograms (except those phonog:fams falling within any ofthe four items ofArticle 8) offered by producers ofphonogams (in the next
item, referred to as "commercialphonograms manufactured from matrices coming from certain foreign countries") and in relation to which twenty years from the year following the date ofthe first fixation ofsounds on the matrices (in the next item, referred to as "a prohibition period oftwenty years") have passed before the enforcement ofthe Law for Partial Amendments to the Copyright Law (Law No. 87, of 1988; in the next item and item (iii), referred to as "the Amendments Law of 1988");
(ii) the distribution or the possession for distribution ofcommercial phonograms which are reproduced, within a prohibition period oftwentyyears, from commercial phonograms manufactured from matrices coming from certain foreign countries and in relation to which a prohibition period oftwenty years have passed before the enforcement ofthe Amendments Law of 1988;
(iii) the making, the distribution or the possession for distribution, ofcopies ofcommercial phonograms reproduced from commercial phonograms (including copies ofsuch commercial phonograms and those made through one or more intervening copies) which have been manufactured, by those engaging in the business ofmanufacturing commercial phonograms outside the jurisdiction ofthe Copyright Law, from matrices ofphonograms (except those phonograms falling within any ofthe fo'ur items ofArticle 8) offered by producers ofphonograms who are nationals ofany ofthe Contracting States ofthe International Convention for the Protection ofPerformers, Producers ofPhonograms and Broadcasting Organizations or ofthe Phonograms Convention ("nationals" includes legal persons established under the law ofsuch State and those who have their principal offices in such State) and in relation to which twenty years from the year following the date ofthe first fixation ofsounds on the matrices have passed before the enforcement ofthe Amendments Law of 1988.
6. The penal provisions before amendment shall apply to acts made before the enforcement ofthis Law.
Supplementacy Provisions (Law No. 106, of 1992)
(Date ofenforcement) 1. This Law shall come into force on the date fiXed by Cabinet Order within six months from the date ofits promulgation. [This Law came into force on June 1, 1993 .] However, the provision amending the Table ofContents, the provision renumbering Chapter VII as Chapter VIII, Chapter
VI as Chapter VII, and Chapter V as Chapter VI and inserting the new Chapter V next to Chapter
VI (except the parts relating to-Article 104quater, Article l04quinqw'esand Article 104octies, paragraphs (1) and (3) ) and the provision amending Article 17 ofthe Supplementary Provisions shall come into force on the date ofpromulgation ofthis Law [on December 16, 1992] .
(Transitory measures)
2. The provisions ofthe amended Copyright Law shall not apply to such private sound or visual recording as made on a specified recording medium purchased (the word "purchased" means
"initially purchased after retail"; the same shall apply here:inafter) before the date ofenforcement of .this Law (here:inafter referred to as "the date ofenforcement") by means ofa specified recording mach:ine purchased before the date ofenforcement.
3. When private recording is made on a specified recording medium purchased after the date of enforcement by means ofa specified recording mach:ine purchased before the date ofenforcement, compensation for private recording shall be considered to have been paid with respect to such recording mach:ine :in accordance with the provision ofArticle 104quater, paragraph (1) ofthe amended Copyright Law. The same shall apply to a specified recording medium, purchased before the date ofenforcement, on which private recording is made by means ofa specified recording mach:ine purchased afterthe date ofenforcement.
Supplementary Provisions (Extract) (Law No.89, of 1993)
(Date ofenforcement) Article 1. This Law shall come :into force as from the date ofenforcement ofthe Administrative Procedures Law (Law No.88, of 1993). [This Law came :into force on October 1, 1994.]
Supplementary Provisions (Law No.l12, of 1994)
(Date ofenforcement) 1. This Law shall come :into force on the date fixed by Cab:inet Order with:in one year from the day following the day on which the Marrakesh Agreement Establish:ing the World Trade Organization becomes effective with respect to Japan. [This Law came :into force on January 1, 1996.]
(Application ofthe provisions relatingto neighboring rights) 2. The provisions ofparagraph 3 ofthe Supplementary Provisions ofthe Law for Partial Amendments to the Copyright Law (Law No.64, of 1986), paragraph 2 ofthe Supplementary Provisions ofthe Law for PartialAmendments to the Copyright Law (Law No.43, of 1989; here:inafter referred to as "the Amendments Law of1989") and paragraph 2 ofthe Supplementary Provisions ofthe Law for Partial Amendments to the Copyright Law (Law No.63, of 1991; :in paragraph 4 ofthe Supplementary Provisions ofthis Law referred to as "the Amendments Law of 1991") shall not apply, :in case ofthe application ofthe provisions relat:ing to neighboring rights (:including the provisions ofArticle 95ter, paragraphs (3) and (4)) ofthe Copyright Law amended by the provisions ofArticle 1 ofthis Law (here:ina:fter referred to as "the new Law") to the performanc.es mentioned :in Article 7, item (iv) ofthe newLaw (excluding those falling with:in the performances mentioned :in Article 7, items (i) to (iii)) which fall with:in the following performances, or to the performances mentioned :in Article 7, item (v) ofthe new Law which fall with:in the following performances:
(i) performances which took place :in a member ofthe World Trade Organization; (ii) performances fixed :in the following phonograms:
(a) phonograms the producers ofwhich are nationals ofany ofthe members ofthe World Trade Organization ("nationals" :includes legal persons established under the law ofsuch member and those who have their principal offices :in such member; the same shall apply here:ina:fter);
(b) phonograms composed ofthe sounds which were first fixed in any ofthe members ofthe World Trade Organization;
(iii) performances transmitted through the following broadcasts, excluding those incorporated in sound or visual recordings before the transmission with the authorization ofthe performers concerned:
(a) broadcasts transmitted by broadcasting organizations who are nationals ofany ofthe members ofthe World Trade Organization;
(b) broadcasts transmitted from transmitters situated in any ofthe members ofthe World Trade Organization.
3. The provisions ofparagraph 4 ofthe Supplementary Provisions ofthe Amendments Law of 1989 shall not apply, in case ofthe application ofthe provisions relating to neighboring rights ofthe new Law (including the provisions ofArticle 95tel; paragraphs (3) and (4)) to foreign performers whose performances are mentioned in the preceding paragraph, items (i) to (iii) and who did not have habitual residence in this country at the time when their performances took place.The Provisions of paragraph.
4. The Provisions ofparagraph 2 ofthe Supplementary Provisions ofthe Law for Partial Amendments to the Copyright Law (Law No.49, of 1978), paragraphs 2 and 3 ofthe Supplementary Provisions ofthe Amendments Law of 1989, and paragraph 3 ofthe Supplementary Provisions of the Amendments Law of 1991 shall not apply, in case ofthe application ofthe provisions relating to neighboring rights ofthe new Law (including the provisions ofArticle 97ter, paragraphs (3) to (5)) to the following phonograms:
(i) phonograms, mentioned in Article 8, item (iii) ofthe new Law, which fall within the following phonograms:
(a) phonograms the producers ofwhich are nationals ofany ofthe members ofthe World Trade Organization;
(b) phonograms composed ofthe sound which were first fixed in any ofthe members ofthe World Trade Organization;
(ii) phonograms, mentioned in Article 8, item (iv) ofthe new Law, to which Japan has the obligation to grant protection under the Convention for the Protection ofProducers of Phonograms Against Unauthorized Duplication ofTheir Phonograms (in paragraph 6 ofthe Supplementary Provisions ofthis Law, referred to as "the Phonograms Convention").
5. The Provisions ofparagraph 2 ofthe Supplementary Provisions ofthe Amendments Law of 1989 shall not apply, in case ofthe application ofthe provisions relating to neighboring rights ofthe new Law to the broadcasts, mentioned in the Article 9, item \iii) ofthe new Law, which fall within the following broadcasts:
(i) broadcasts transmitted by broadcasting organizations who are nationals ofany ofthe members ofthe World Trade Organization;
(ii) broadcasts transmitted from transmitters situated in any ofthe members ofthe World Trade Organization.
(Transitory measures: the making, etc. ofcopies ofcommercialphonograms manufactured from matrices coming from foreign countries)
6. The provisions ofthe Article 121b.Z:S.ofthe new Law shall not apply to the making, the distribution or the possession for distribution, act made after the enforcement ofthis Law, ofcopies of commercialphonograms reproduced from commercial phonograms (including copies ofsuch commercial phonograms and those made through one or more intervening copies) which have been
manufactured, by those engaging in the business ofmanufacturing commercial phonograms outside the jurisdiction ofthe Copyright Law, from matrices ofphonograms (except those phonograms falling within any ofthe five items ofArticle 8 ofthe new Law) offered by producers ofphonograms who are nationals ofany ofthe members ofthe WorldTrade Organization (except nationals ofany ofthe Contraction States ofthe International Convention for the Protection ofPerformers, Producers ofPhonograms and Broadcasting Organizations or ofthe Phonograms Convention ("nationals" includes legal persons established under the law ofsuch State and those who have their principal offices in such State)) and in relation to which twenty years from the year following the date ofthe first fixation ofsounds on the matrices have passed before the enforcement ofthe Law for PartialAmendments to the Copyright Law (Law No.87, of 1988).
Supplementary Provisions (Extract) (Law No.91, of 1995)
(Date ofenforcement) Article 1. This Law shall come into force twenty days after the date ofits promulgation. [This Law eame into force on June 1, 1995.]
Supplementary Provisions (Law No.117, of 1996)
(Date ofenforcement) 1. This Law shall come into force on the date fixed by Cabinet Order within three months from the date ofits promulgation. [This Law came into force on March 25, 1997.]
(Transitory measures: term ofprotection for photographic works) 2. The provisions relating to the term ofprotection for works ofthe amended Copyright Law (in next paragraph, referred to as "the new Law") shall apply to photographic works in which c�pyright under the Copyright Law before amendment subsists at the time ofcoming into force ofthis Law, and the provisions relating to the term ofprotection for works ofthe copyright Law before amendment shall still apply to photographic works in which copyright under the Copyright Law before amendment has expired at the time ofcoming into force ofthis Law.
3. Where the duration ofcopyright, in photographic works created before the enforcement ofthis Law, under the provisions relating to the term ofprotection for works ofthe Copyright Law before amendment (hereinafter referred to as "the old Law") is to expire after the end ofthe duration of copyright under the new Law, the duration ofcopyright in such photographic words shall, notwithstanding the provisions ofthe new Law, expire at the end ofthe duration ofcopyright under the old Law.
Supplementary Provisions (Law No.86, of 1997)
(Date ofenforcement) 1. This Law shall come into force on January 1, 1998.
(Transitory measures: works, etc. in a state that the interactive transmission thereofcan be made) 2. The provision ofArticle 23, paragraph(1), Article 92bis, paragraph(1) or Article 96b.zSofthe revised Copyright Law (hereinafter referred to as "the new Law") shall not apply to the making
transmittable, by means ofan interactive transmission server mentioned in Article 2, paragraph(!), item Gxquinquies) ofthe new Law, ofsuchworks, performances (only those mentioned in Article 92, paragraph(2), item (ii) ofthe Copyright Law before amendment (hereinafter referred to as "the old Law"); the same shall apply hereinafter in this paragraph) or phonograms as have been in a state that the interactive transmission thereofcan be made at the time ofcoming into force ofthis Law, by a person who has made transmittable such works, performances or phonograms through such interactive transmission or, ifsuch a person is different from a person who, by means ofsuch · interactive transmission server for such making transmittable ofsuchworks, performances or phonograms, has put such works, performances or phonograms in a state that the interactive transmission thereofcan be made at the time ofcoming into force ofthis Law, by the latter. 3. The provision ofArticle 92, paragraph(!) ofthe old Law shall still be effective, even after the enforcement ofthis Law, with respect to performances (other than those mentioned in Article 92, paragraph(2), item (ii)) which have been in a state that the interactive transmission thereofcanbe made at the time ofcoming into force ofthis Law.
(Transitory measures: penal provisions) 4. The penal provisions ofthe old Law shall still apply to acts made before the enforcement ofthis Law.
Supplementary Provisions (Extract) (Law No. lO1, of 1998)
(Date ofenforcement) Article 1. This Law shall come into force on April l, 1999.
Supplementary Provisions (Extract) (Law No.77, of 1999)
(Date ofenforcement) 1. This Law shall come into force on January 1, 2000. However, the amended provisions inserting the new items (xx) and (xxi) nextto item (xix) ofArticle 2, paragraph (1), the amended provisions of Article 30, paragraph (1), the amended provisions ofArticle 1 13, the amended provisions ofArticle 119, the amended provisions inserting the new Article 120bz8next to Article 120, the amended provisions ofArticle 123, paragraph (1), the amended provisions ofArticle 5bisofthe . Supplementary Provisions [Law No.49, of 1970] andthe provisions ofparagraph 5 ofthe Supplementary Provisions [Law No.77, of 1999] shall come into force on October 1, 1999.
(Transitory measures) 2. The provisions ofArticle 26bis, paragraph (1), Article 95bis, paragraph (1) and Article 97his, paragraph (1) ofthe amended Copyright Law shall not apply in the case ofthe transfer ofownership ofsuch originals or copies ofworks, ofsuch sound or visual recordings ofperformances or ofsuch copies ofphonograms as subsisting at the time ofenforcement ofthis Law (only those made without prejudice to the right ofpersons who have the right mentioned in Article 21, Article 91, paragraph (1) or Article 96 ofthe Copyright Law and excluding copies ofworks made by the owners ofthe right ofpublication).
3. The provision ofArticle 26bis, paragraph (1) ofthe amended Copyright Law shall not apply to such distribution ofcopies ofworks, on which the right ofpublication is established, as made within
the duration ofsuch right by persons who have such right which was established before the enforcement ofthis Law and which subsists at the time ofenforcement ofthis Law.
4. The Provisions ofthe CopyrightLaw before amendment shall still apply to such distribution of copies ofworks, made within the duration ofthe right ofpublication, as made by persons who had such right after the ternrination ofsuch right (only such right established before the enforcement of this Law).
5. For a period from October 1, 1999 to the day before the date ofenforcement ofthis Law, "Article 95ter, paragraph (3)" and "Article 97ter, paragraph (3�" in Article 113, paragraph (4) ofthe amended Copyright Law shall read "Article 95bis, paragraph (3)" and "Article 97his, paragraph (3)", respectively.
6. In the case where the date ofenforcement ofthe Law for the Readjustment, etc. ofRelated Laws Required in Consequence ofthe Enforcement ofthe Law for the Disclosure oflnformation Possessed by Government Organizations (Law No.43, of 1999; hereinafter referred to as "the Readjustment Law'; is preceded by the date ofenforcement ofthis Law, "Article 42, Article 42bis' and "Article 42 or 42biS' in Article 47terofthe amended Copyright Law shall read "Article 42" and "orArticle 42", respectively, for a period until the day before the date ofenforcement ofthe Readjustment Law.
7. The penal provisions ofthe Copyright Law before amendment shall still apply to acts done before the enforcement ofthis Law and to acts done after the enforcement ofthis Law in the case where the provisions ofthe Copyright Lawbefore amendment shall still apply in accordance with the provisions ofparagraph 4 ofthe Supplementary Provisions [Law No.77, of 1999]
Supplementary Provisions <Extract) (Law No.43, of 1999)
(Date ofenforcement) Article 1. This Law shall come into force as from the date ofenforcement of the Law for the Disclosure oflnformation Possessed by Government Or.ganizations <Law No.42, of 1999; hereinafter referred to as "the Information Disclosure Law").
(Transitory measures required by partial amendments to the Copyright Law) Article 2. The Provisions ofArticle 18, paragraph (3) ofthe Copyright Law amended by the provisions ofArticle 1 1 shall not apply to works which have not yet been made public (including works which have been made public without consent ofthe authors) and which the authors have offered, before the enforcement ofthis Law, to government organizations or local public entities mentioned in the provisions ofArticle 2, paragraph (1) ofthe Information Disclosure Law.
Supplementary Provisions {Extract) (Law No. 160, of 1999)
Article 1 . This Law (Except Articles 2 and 3) shall come into force on January 6, 2001. However, the following provisions shall come into force as from the day mentioned in each item concerned:
(j), (ii) : [Omitted]
Supplementary Provisions <Extract) (Law No.220, of 1999)
Article 1. This Law (except Article 1) shall come into force on January 6, 2001. However the following provisions shall come into force as from the day mentioned in any ofthe following items:
(i) to (ill) [omitted]
Supplementary Provisions (Law No.56, of2000)
(Date ofenforcement) 1. This Law shall come into force on January 1, 2001. However, the amended provisions ofArticle 58 ofthe Copyright Law in Article 1 and the provisions ofArticle 2 shall come into force as from the day on which the WIPO Copyright Treaty becomes effective with respect to Japan.
(Transitory measures: award ofan amount ofdamages) 2. The provisions ofArticle ll4quateTofthe Copyright Law amended by the provisions ofArticle 1 shall not apply to such cases as those in which, prior tothe enforcement ofthis Law, oral proceedings have been terminated in higher courts or in district courts in the second instance, or in which there has been an agreement as not to make an appeal with the reservation ofthe right to appeal to a decision by a summary court or a decision by a district court in the first instance.
(Transitory measures: penal provisions) - 3. The penal provisions ofthe copyright Law before amendment shall still apply to acts done before the enforcement ofthis Law.
Supplementary Provisions (Law No.72, of2002)
(Date ofenforcement) 1. The provisions ofthis Law shall come into force as from the day mentioned in any ofthe following items, as follows: (i) the amended provisions ofArticles 7, 8, 95, 95teJ; 97 and 97teTas well as the provisions of
paragraphs 2 to 4, 6, 7 and 9 ofthe Supplementary Provisions: the day on which the WIPO Performances and Phonograms Treaty (hereinafter referred to as "the WPPT") becomes effective with respect to Japan;
(ii) the amended provisions ofthe Table ofContents (only parts ofthe provision renumbering Article 100quateTas Article lOOqumqwes) and ofArticle 89, paragraph (4), the provision inserting the new Article 99bisnext to Article 99, the provisions renumbering Article lOOquateTas Article lOOqumquies and inserting the new Article lOOquateTnext to Article 100terand the amended provisions ofArticle 103: January 1, 2003;
(iii) the provisions other than those mentioned in the preceding two paragraphs: the day on which the WPPTbecomes effective with respect to Japan or January 1, 2003 whichever earlier.
(Application ofthe provisions relating to neighboring rights)
2. The provisions ofparagraph 3 ofthe Supplementary Provisions ofthe Law for Partial Amendments to the Copyright Law (Law No.64, of 1986), pamgraph 2 ofthe Supplementary Provisions ofthe Law for Partial Amendments to the Copyright Law (Law No.43, of 1989; hereinafter referred to as "the Amendments Law of 1989") and paragraph 2 ofthe Supplementary
Provisions ofthe Law for PartialAmendments to the Copyright Law (Law No.63, of 1991; hereinafter referred to as "the Amendments Law of 1991") shall not apply, in case ofthe application ofthe provisions relating to neighboring rights (including the provisions ofArticle 95 and Article 95ter, paragraphs (3) and (4)) ofthe amended Copyright Law (hereinafter referred to as "the New Law") to the performances mentioned in Article 7, item (iv) ofthe new Law (excluding those falling within the performances mentioned inArticle 7, items (i) to (iii)) which fall within the following performances, or to the performances mentioned inArticle 7, item (v) ofthe new Law which fall within the following performances: (i) performances which took place in a Contracting Party to the WPPT; (ii) performances fixed in the following phonograms:
(a) phonograms the producers ofwhich are nationals ofany ofthe Contracting Parties to the WPPT ("nationals" includes legal persons established under the law of such Contracting Party and those who have their principal offices in such Contracting Party; the same shall apply hereinafter);
(b) phonograms composed ofthe sounds whichwere first fixed in any ofthe Contracting Parties to the WPPT.
3. The provisions ofparagraph 4 ofthe Supplementary Provisions ofthe Amendments Law of 1989 shall not apply, in case ofthe application ofthe provisions relating to neighboringrights ofthe new Law (including the provisions ofArticle 95 and Article 95ter, paragraphs (3) and (4)) to foreign performers whose performances are mentioned in the preceding paragraph, items (i) and (ii) and who did not have habitual residence in this country at the time when their performances took place. 4. The provisions ofparagraph 2 ofthe Supplementary Provisions ofthe Law for Partial Amendments tothe Copyright Law (Law No.49, of 1978), paragraphs 2 and 3 ofthe Supplementary Provisions ofthe Amendments Law of 1989, and paragraph 3 ofthe Supplementary Provisionsof the Amendments Law of 1991 shall not apply, in case ofthe application ofthe provisions relating to neighboring rights ofthe new Law (including the provisions ofArticle 97 and Article 97 ter, paragraphs (3) to (5)) to the following phonograms: (i) phonograms, mentioned inArticle 8, item (ii) ofthe new Law, which fall within the
following phonograms: (a) phonograms the producers ofwhich are nationals ofany ofthe Contracting Parties to the
WPPT; (b) phonograms composed ofthe sounds which were first fixed in any ofthe Contracting
Parties to the WPPT; (ii) phonograms, mentioned in Article 8, item (iv) ofthe new Law, to which Japan has the
obligation to grant protection under the Convention for the Protection ofProducers of Phonograms Against Unauthorized Duplication ofTheir Phonograms.
(Transitory measures: moral rights ofperformers) 5. The provisions ofArticle 90bis, paragraph (1) and Article 90ter, paragraph (1) ofthe new Law shall not apply to performances fixed in sound or visual recordings which have been made with the authorization ofthe performer concerned before the enforcement ofthis Law, except in the case where, after the enforcement ofthis Law, the name ofthe performer concerned indicated at his performances is deleted or altered, or the name ofthe performer concerned is newly indicated at his performances, or his performances are altered.
(Transitory measures: secondary use ofcommercial phonograms) 6. Notwithstanding the provisions ofArticle 95, paragraph (2) ofthe new Law, the provisions of
.
paragraph (4) ofthat Article shall apply, in case ofthe application ofthe provisions ofparagraph (1) ofthat Article to performers whose performances have been fixed inphonograms the producers of
which are nationals ofa country which is a Contracting State ofthe International Convention for the Protection ofPerformers, Producers ofPhonograms and Broadcasting Organizations (hereinafter in this and next paragraphs referred to as "the Convention for the Protection of Performers, etc.") and which is a Contracting Party to the WPPT and whose performances have been so fixed before the day on which the Convention for the Protection ofPerformers, etc. became effective with respect to Japan.
7. Notwithstanding the provisions ofArticle 95, paragraph (2) ofthe new Law which shall apply mutatismutandisin the provisions ofArticle 97, paragraph (2) ofthe new Law, the provisions of Article 95, paragraph (4) ofthe new Law which shall apply mutatismutadisin the provisions of Article 97, paragraph (2) ofthe new Law shall apply, in case ofthe application ofthe provisions of Article 97, paragraph (1) ofthe new Law to producers ofphonograms who are nationals ofa country which is a Contracting State ofthe Convention for the Protection ofPerformers, etc. and which is a Contracting Party to the WPPT and whose phonograms have been composed ofthe sounds first fixed before the day on which the Convention for the Protection ofPerformers, etc. became effective with respect to Japan.
(Transitory measures: term ofprotection fur phonograms) 8. The provisions ofArticle 101, paragraph (2), item (ii) shall apply to phonograms in which neighboring rights under the Copyright Law before amendment subsist at the time ofcoming into force ofthis Law, and the provisions relating to the term ofprotection for phonograms ofthe Copyright Law before amendment shall still apply to phonograms in which neighboring rights under the Copyright Law before amendmenthave expired at the time ofcoming into force ofthis Law.
{Partial amendments to the Law on Management Business ofCopyright and Neighboring Rights) 9. The Law on Management Business ofCopyright and Neighboring Rights (Law No:131, of2000) shall be partially amended as follows: InArticle 25, item (i), the words "Article 95, paragraph (4)" shall be replaced by the words "Article 95, paragraph (5)".
Supplementary Provisions (Law No.85, of2003)
(Date ofenforcement) Article 1. This Law shall come into force on January 1, 2004.
(Transitory measures: term ofprotection for cinematographic works) Article 2. The provision ofArticle 54, paragraph (1) ofthe amended Copyright Law (in nextArticle referred to as "the new Law") shall apply to cinematographic works in which copyright under the Copyright Law before amendment subsists at the time ofcoming into force ofthis Law, and the provisions relating to the term ofprotection for cinematographic works ofthe Copyright Law before amendment shall still apply to cinematographic works in which copyright under the Copyright Law before amendment has expired at the time ofcoming into force ofthis Law.
Article 3. In the case ofcinematographic works which were created before the enforcement ofthe Copyright Law and to which the provisions ofthe old Copyright Law (Law No.39, of 1899) shall still apply in accordance with the provision ofArticle 7 ofthe Supplementary Provisions ofthe Copyright Law, ifthe duration ofcopyright in such cinematographic works under the provisions ofthe old Copyright Law is to expire after the end ofthe duration ofcopyright under the provisions ofArticle
54, paragraph (1) ofthe new Law, the duration ofcopyright in such cinematographic works shall, notwithstanding the provision ofthe new Law, expire at the end ofthe duration ofcopyright under the old Copyright Law.
(Transitory measures: penal provisions) Article 4. The penal provisions ofthe Copyright Law before amendment shall still apply to acts done before the enforcement ofthis Law.