(Purpose)
2. LAW CONCERNING THE EXCEPTIONAL PROVISIONS
TO THE COPYRIGHT LAW REQUIRED IN CONSEQUENCE
OF THE ENFORCEMENT OF THE UNIVERSAL
COPYRIGHT CONVENTION
(Law No.86, of April 28, 1956,
as amended up to May 8, 2000 by Law No.56)
Article 1.- The purpose of this Law is to provide, in consequence of the en
forcement of the Universal Copyright Convention, for the exceptional provi
sions to the Copyright Law (Law No. 48, of 1970).
(Definition)
Article 2. - (1) In this Law, " the Universal Convention" means the
Universal Copyright Convention.
(2) In this Law, "publication" means the publication as defined in Article
VI of the Universal Convention.
(3) In this Law, "right of translation" means the right of translation as de
fined in Article V of the Universal Convention.
(Exceptional provisions for the term of protection of a work)
Article 3.- (1) In cases where an unpublished work of a national of a
Contracting State or a work first published in a Contracting State which is
protected under the Copyright Law in accordance with the provisions of
Article ll of the Universal Convention has ceased to be granted the protection
at the expiration of the term of protection under the legislation of the
C�ntracting State concerned, the term of protection for the work shall, not withstanding the provision of the Copyright Law, only last until the date of
expiration of the term of protection under the legislation of the Contracting
State.
(2) An unpublished work of a national of a Contracting State or a work
first published in a Contracting State not belonging to the class of works
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protected under the legislation of the Contracting State shall not enjoy the
protection otherwise granted under the Copyright Law in accordance with the
provisions of Article IT of the Universal Convention.
Article 4.-(1) For the purpose of the provisions of the preceding Article,
the work of a national of a Contracting State of the Universal Convention,
first published in a non-Contracting State, shall be treated as if first pub
lished in the Contracting State.
(2) For the purpose of the provisions of the preceding Article, in case of si
multaneous publication in two or more Contracting States of the Universal
Convention, the work shall be treated as if first published in the State which
affords the shortest term of protection; any work published in two or more
Contracting States within thirty days of its first publication shall be consid
ered as having been published simultaneously in the said Contracting States.
(Exceptional provisions for the right of translation)
Article 5.-(1) If any of the following items is applicable in cases where,
after the expiration of a period of seven years from the year following the
year to which belongs the date of the first publication of a writing protected
under the Copyright Law in accordance with the Universal Convention, a
translation by the owner of the right of translation or with his authorization,
of such writing has not been published in Japanese or has been so published
but is out of print, a Japanese national may publish a translation of such
writing in Japanese as prescribed by Cabinet Order, subject to a license of the
Commissioner of the Agency for Cultural Affairs; provided that, prior to the
publication thereof, a compensation which is just and conforms to interna
tional standards and which is approved by the Commissioner of the Agency
for Cultural Affairs shall, in whole or in part, be paid to the owner of the
right of translation or be deposited in behalf of him, as prescribed by Cabinet
Order:
(i) in cases where the applicant has requested, and been denied, the
authorization by the owner of the right of translation to translate and pub
lish the translation;
(ii) in cases where due diligence exercised by the applicant has failed to
find the owner of the right of translation.
(2) In the case failing under item (ii) of the preceding paragraph, the
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applicant for a license under said paragraph shall send copies of his applica
tion to the publisher whose name appears on the work and, if the nationality
of the owner of the right of translation is known, to the diplomatic or consu
lar representative of the State of which such owner is a .national, or to the or
ganization which may have been designated by the goverment of that State,
and he shall also send to the Commissioner of the Agency for Cultural Affairs
a report that the copies have been sent.
(3) The Commissioner of the Agency for Cultural Affairs shall not grant a
license under paragraph (1) before the expiration of a period of two months
from the date of the dispatch under the provisions of the preceding paragraph
of the copies of the application.
(4) The Commissioner of the Agency for Cultural Affairs shall, when in
tending to grant an approval under the proviso to paragraph (1), consult the
Culture Council.
Article 6.- A licensee under paragraph (1) of the preceding Article shall not
transfer the right to publish a translation under the relevant license.
Article 7.- The original title, the name of the author of the work and other
matters shall be printed on the copies of the translation licensed under para
graph (1) of Article 5, as prescribed by Cabinet Order.
Article 8.- A translation licensed under paragraph (1) of Article 5 shall not
be exported to a State other than the States parties to the Universal
Convention as designated by Cabinet Oder.
(Stateless presons and refugees)
Article 9.- Stateless persons and refugees who have their habitual residence
in a State party to the Protocol annexed to the Universal Convention concern
ing the application of that Convention to the works of stateless persons and
refugees shall, for the purpose of the provisions of Articles 3 to 5, be assimi
lated to the nationals of that State.
(Works protected under the Berne Convention, etc.)
Article 10.-This Law shall not be applicable to the works whose country of
origin, within the meaning of the Berne Convention for the Protection of
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Literary and Artistic Works, the WIPO Copyright Treaty or the Marrakesh
Agreement Establishing the Wodd Trade Organization, respectively, is a
member of the International Union established by the Berne Convention, a
Contracting State of the WIPO Treaty or a member of the Wodd Trade
Organization; provided that the provisions of Articles 5 to 8 shall be applica
ble to the licensee who has got the license under paragraph (1) of Article 5 or
the translation which has been licensed under the said paragraph before the
works become the work of which such member is the country of origin.
(Works protected under Article 12 of the Treaty of Peace with Japan)
Article 11.-The Allied Powers which are States defined in Article 25 of the
Treaty of Peace with Japan and which are Contracting States of the Universal
Convention on the effective date of this Law, and their nationals shall, inso
far as the works enjoying the protection under the old Copyright Law (Law
No.39, of 1899) in accordance with the provisions of Article 12 of the said
Treaty on the effective date of this Law are concerned, continue to·enjoy the
same protection and, insofar as the works enjoying such protection on the ef
fective date of the Copyright Law are concerned, to enjoy after the enforce
ment of this Law.
(Mandate to Cabinet Order)
Article 12.- Other than those provided for in this Law, necessary matters
for the enforcement of this Law shall be prescribed by Cabinet Order.
Supplementary Provisions (Extract)
(Effective Date)
1.- This Law shall come into force as from the day on which the Universal
Convention becomes effective with respect to Japan. (This Law came into
force as from April 28, 1956.)
(Transitional Provision)
2.-This Law (except Article 11) shall not apply to unpublished works pro
duced prior to the enforcement of this Law and works published prior to the
enforcement of this Law.
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Supplementary Provisions (Extract) (Law No.56, of 2000)
(Date of enforcement)
1.- This Law shall come into force on January 1, 2001. However, the
amended provisions of Article 58 of the Copyright Law in Article 1 and the
provisions of Article 2 shall come into force as from the day on which the
WIPO Copyright Treaty becomes effective with respect to Japan.
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