1. COPYRIGHT LAW
(As amended by : Law No.49, of May 18, 1978,
Law No.45, of May 19, 1981,
Law No.78, of December 2, 1983,
Law No.23, of May 1, 1984,
Law No.46, of May 25, 1984,
Law No.62, of June 14, 1985,
Law No.64, of May 23, 1986,
Law No.65, of May 23, 1986,
Law No.87, of November 1, 1988,
Law No.43, of June 28, 1989,
Law No.63, of May 2, 1991,
Law No.l06, of December 16, 1992,
Law No.89, of November 12, 1993,
Law No.112, of December 14, 1994,
Law No.91, of May 12, 1995,
Law No.117, of December 26, 1996,
Law No.86, of June 18, 1997,
Law No.1 01, of June 12, 1998,
Law No.43, of May 14, 1999,
Law No.77, of June 15, 1999,
Law No.160, of December 22, 1999,
Law No.220, of December 22, 1999,
Law No.56, of May 8, 2000,
Law No. 72, of June 19, 2002,
Law No. 85, of June 18, 2003, and
Law No. 92, of June 9, 2004)
[ENTRY INTO FORCE: January 1, 2005]
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1. COPYRIGHT LAW
Chapter I General Provisions
Section 1 General Rules
(Purpose)
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:
(j) "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;
oo "author" means a person who creates a work; (iii) "performance" means the acting on stage, dancing, musical playing, singing,
delivering, declaiming or performing in other ways of a work, and includes similar acts
not involving 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" means 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
located or, if the premises are occupied by two or more persons, both parts of which
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are located within the area therein occupied by one person;
(viii) "broadcasting" means the public transmission of radio communication intended
for simultaneous reception by the public of the transmission having the same
contents;
Ox) "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;
(ixter) "wire diffusion organizations" means those who engage in wire diffusion
service;
(ixquater) "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";
(ixquinquies) "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 in, and the
responsibility for, the making of a cinematographic work;
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(xbis) "program" means an expression of combined instructions given to a computer
so as to make it function and obtain a certain result;
(xter) "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;
(xii) "joint work" means a work created by two or more persons in which the
contribution of each person cannot be separately exploited;
(xiii) "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);
(xvii) "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;
(xviii)"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,
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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 OJ)) 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.
(xxi) "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.
(xxlii) "outside this country" means outside 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
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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 falling
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
(vi ibis), (viii), (ixbis), (ixquater), (ixquinquies) and (xiii) 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" means 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 26ter).
(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) or Article 26ter in accordance
with the provision of Article 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
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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 of works)
Article 4. (1) A work has been"made public" when it has been published, or when it
has 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 of such person.
(2) A work shall be considered as having been"made public" when it has been put, by
a person having the rights mentioned in Article 23, paragraphfl) 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 of Article 28 or with
the authorization of such 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, paragraphl l) 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 that paragraph.
(5) A person who would have the rights mentioned in paragraphs (1) to (3) of this
Article if his 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 rights or a person who obtained the authorization from such person, and
the provisions of these paragraphs shall apply with respect to those persons.
(Publishing of phonograms)
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 of Article 63, paragraph (1) which shall apply
mutatis mutandis in Article 103; the same shall apply in Chapter IV, Sections 2 and 3),
in such sufficient quantities as satisfy the reasonable requirements of the public,
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having regard to the nature of the phonogram (without prejudice to the right of a
person who has the right mentioned in Article 97bis, paragraph (1) or Article 97ter,
paragraph (1».
(Priority of international treaty)
Article 5. If an international treaty provides otherwise with respect to the rights of
authors and the rights neighboring thereon, the provisions thereof shall prevail.
Section 2 Scope of Application
(Works)
Article 6. The following shall be granted protection under this Law:
(i) works of Japanese nationals ("Japanese nationals" includes legal persons
established under the Japanese law and those who have their principal offices in this
country; the same shall apply hereinafter);
(ii) works first published in this country, including those first published outside this
country and published in this country within thirty days of that first publication;
(iii) works not falling within those mentioned in the preceding two items, to which
Japan has the obligation to grant protection under an international treaty.
(Performances)
Article 7. The following shall be granted protection under this Law:
(i) performances which take place in this country;
(ii) performances fixed in the phonograms mentioned in item (j) or (ii) of the next
Article;
(iii) performances transmitted through the broadcasts mentioned in Article 9, item (j)
or (ii), excluding those incorporated in sound or visual recordings before the
transmission with the authorization of the performers concerned;
(iv) performances transmitted through the wire diffusions mentioned in each item of
Article 9bis, excluding those incorporated in sound or visual recordings before the
transmission with the authorization of the performers concerned;
(v) any of the following performances not falling within those mentioned in the
preceding four items: (a) performances which take place in a Contracting State of
the International Convention for the Protection of Performers, Producers of
Phonograms and Broadcasting Organizations (hereinafter referred to as "the
Convention for the Protection of Performers, etc. ");
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(b) performances fixed in the phonograms mentioned in item (iii) of the 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 of the performers concerned;
(vi) any of the following performances not falling within those mentioned in the
preceding five items: (a) performances which take place in a Contracting Party to
the WIPO Performances and Phonograms Treaty (hereinafter referred to as "the
WPPT");
(b) performances fixed in the phonograms mentioned in item (iv) of the next Article;
(vii) any of the following performances not falling within those mentioned in the
preceding six items: (a) performances which take place in a member of the World
Trade Organization;
(b) performances fixed in the phonograms mentioned in item (v) of the 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 of the performers concerned.
(Phonograms)
Article 8. The following shall be granted protection under this Law:
(j) phonograms the producers of which are Japanese nationals;
(ii) phonograms composed of the 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 the Protection of Performers, 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 of the
Contracting States of the Convention for the Protection of Performers, etc.;
(lv) any of the following phonograms not falling within those mentioned in the
preceding three items: (a) phonograms the producers of which are nationals of any
of the Contracting Parties to the WPPT ("nationals" includes legal persons
established under the law of such Contracting Party and those who have their
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principal offices in such Contracting Party; 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 ofthe 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
of the 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 the
Protection of Producers of Phonograms Against Unauthorized Duplication of Their
Phonograms (in Article 121bis, item (ll), referred to as "the Phonograms Convention").
(Broadcasts)
Article 9. The following shall be granted protection under this Law:
(j) 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 the Protection of
Performers, etc.;
(b) broadcasts transmitted from transmitters situated in any of the Contracting
States of the Convention for the Protection of Performers, 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.
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(Wire diffusions)
Article 9bis. The following shall be granted protection under this Law:
(j) 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 II Rights of Authors
Section 1 Works
(Classification of works)
Article 10. (1) As used in this Law, "works" shall include, in particular, the following:
(j) 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 works of a scientific nature such as plans, charts, and
models;
(vii) cinematographic works;
(viii) photographic works;
(lx) 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:
(j) "programming language" means letters and other symbols as well as their systems
for use as means of expressing a program;
(il) "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
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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 12bis. (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
of works 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:
(i) 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, independent administrative organs ("independent
administrative organs" means those mentioned in Article 2, paragraph (1) of the Law
for General Rules for Independent Administrative Organs (Law No.103, of 1999); the
same shall apply hereinafter) or local independent administrative organs ("local
independent administrative organs" means those mentioned in Article 2, paragraph (1)
of the Law for Local Independent Administrative Organs (Law No.118, of 2003); 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;
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(iv) translations and compilations, of those materials mentioned in the preceding three
items, made by organs of the State or local public entities, independent administrative
organs or local 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
"Iegal 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 of his 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, excluding authors of novels, scenarios, music or
other works adapted or reproduced in that work; provided, however, that the provision
of the preceding Article is not applicable.
Section 3 Contents of the Rights
Subsection 1 General Rules
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(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 (1)(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 (including 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:
(j) 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;
(iii) 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:
(j) 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 of Information 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 has been made by the
time when the disclosure is decided in accordance with the provisions of Article 9,
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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;
(ij) 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 of
Information 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 contrary has been made by the time when the disclosure
is decided in accordance with the provisions of Article 9, paragraph (1) of the
Independent Administrative Organs, etc. Information Disclosure Law): the offering to
and the making available to the public of the work by an independent administrative,
etc. in accordance with the provisions of the Independent Administrative Organs, etc.
Information Disclosure Law;
(iij) where his work which has not yet been made public has been offered to local
public entities or local independent administrative organs (except in the case where
any declaration of the intention of the author to the contrary has been made by the
time when the disclosure is decided) : the offering to and the making available to the
public of the work by an organ of a local public entity or a local independent
administrative organ concerned in accordance with the provisions of the Information
Disclosure Regulations ("the Information Disclosure Regulations" means the
regulations of a local public entity or a local independent administrative organ
concerned which provide for the right of residents, etc. to request the disclosure of
information possessed by such entity or organ; the same shall apply hereinafter).
(4) The provisions of paragraph (1) shall not apply in any of the following cases:
(j) where a work, which has not yet been made public and in which information
mentioned in Article 5, item (j) (b) or (c) or the proviso to Article 5, item (ij) of the
Government Organizations Information Disclosure Law is recorded, is offered to or
made available to the public by the head of a government organization in accordance
with the provisions of that Article, or where a work, which has not yet been made
public, is offered to or made available to the public by the head of a government
organization in accordance with the provisions of Article 7 of the Government
Organizations Information Disclosure Law;
(ij) where a work, which has not yet been made public and in which information
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mentioned in Article 5, item (j) (b) or (c) or the proviso to Article 5, item (ij) of the
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 of that 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 of Article 7 of the
independent Administrative Organs, etc. Information Disclosure Law;
(iii) where a work which has not yet been made public (and in which information
equivalent to that mentioned in Article 5, item (j) (b) or the proviso to Article 5, item
(ij) of the Government Organizations Information Disclosure Law is recorded) is
offered to or made available to the public by an organ of a local public entity or a local
independent administrative organ in accordance with the provisions of the Information
Disclosure Regulations (which have provisions equivalent to Article 13, paragraphs (2)
and (3) of the Government Organizations Information Disclosure Law; the same shall
apply in item (v»;
(iv) where a work which has not yet been made public (and in which information
equivalent to that mentioned in Article 5, item (j) (c) of the Government Organizations
Information Disclosure Law is recorded) is offered to or made available to the public
by an organ of a local public entity or a local independent administrative organ in
accordance with provisions of the 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 of a local public entity or a local independent administrative
organ in accordance with such provisions of the Information Disclosure Regulations as
equivalent to those of Article 7 of the Government Organizations Information
Disclosure Law.
(Right of determining the indication of the author's name)
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 of the author, on the original of his
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 of his name when works derived
form his work are offered to or made available to the public.
(2) In the absence of any declaration of the intention of the author to the contrary, a
person exploiting his work may indicate the name of the author in the same manner as
that already adopted by the author.
(3) It shall be permissible to omit the name of the author where it is found that there is
16
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no risk of damage to the interests of the author in his claim to authorship in the light
of the purpose and the manner of exploiting 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:
CO 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 of a government organization, by an independent administrative organ, etc. or
by an organ of a local public entity or a local independent administrative organ 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 or a local independent
administrative organ in accordance with the provisions of Article 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 work 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:
CO change of ideographs or words or other modifications 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 mutatis
mutandis is provided for under the provision of paragraph (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;
(lv) other modifications not falling within those mentioned in the preceding three items,
17
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which are deemed unavoidable in the light of the nature of a work as well as the
purpose and the manner of exploiting it.
Subsection 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 22bis. 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 of recitation)
Article 24. The author of a literary work shall have the exclusive right to recite publicly
his work.
(Right of exhibition)
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 of distribution)
Article 26. (1) The author of a cinematographic work shall have the exclusive rights to
distribute copies of his work.
18
(2) The author of a work reproduced in a cinematographic work shall have the
exclusive right to distribute copies of his work.
(Right of transfer of ownership)
Article 26bis. (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.
(j) 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 Exceptional Provisions to the Copyright Law required in
consequence of the Enforcement of the Universal Copyright Convention (Law No.B6,
of 1956);
(iii) the original or copies of a work the ownership of which 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 of such person;
(iv) the original or copies of a work the ownership of which has been transferred,
outside this country, 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 26ter. 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.)
19
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 4 Ownership of Copyright in Cinematographic 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;
OJ) 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:
(j) rights to diffuse by wire that work, and to communicate publicly by means of a
receiving apparatus the work thus diffused by wire;
OJ) rights to reproduce that work, and to distribute its copies thus reproduced among
other wire diffusion organizations.
20
Subsection 5 Limitations on Copyright
(Reproduction for private use)
Article 30. (1) It shall be permissible for a user to reproduce by himself a 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:
(Dwhere 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;
OJ) 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 (j) and OJ)) ("removal" or
"alteration" does not include such removal or alteration as is conditional upon
technology involved in the conversion of recording or transmission systems).
(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 functions 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:
(j) where, at the request of a user and for the purpose of his own investigation or
21
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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;
(li) 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) A person who makes such reproduction shall inform the author thereof and pay to
the copyright owner compensation, the amount of which is fixed each year by the
Commissioner of the Agency for Cultural Affairs, by taking into account the purpose
of the provision of the preceding paragraph, the nature and the purpose of the work,
the ordinary rate of royalty, and other conditions.
(3) The Commissioner of the Agency for Cultural Affairs shall announce in the Official
Gazette the amount of compensation fixed in accordance with the provision of the
preceding paragraph.
22
(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 of the textbooks).
(Reproduction for preparing a textbook in large print)
Article 33bis. (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 of or 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 of compensation mentioned in paragraph (2) of the
preceding Article.
(3) The Commissioner of the Agency for Cultural Affairs shall announce in the Official
Gazette the amount of compensation fixed in accordance with the provision of the
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 of school 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 of compensation.
(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 institutionssl (except those institutions established for
profit-making) may reproduce a work already made public if and to the extent deemed
23
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 of the nature and the purpose of the work as well as the number of copies
and the form of reproduction.
(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 of the work as well as the form of the transmission.
*1 In Article 35, paragraph (1), "a school or other educational institutions "includes
those schools as established by a school establishing company mentioned in Article
12, paragraph (2) of the Law for Special Districts for Structural Reform (Law No.189,
of 2002).
(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 of knowledge or skill, or such examination for a license, to the extent
deemed necessary for such purpose; provided, however, that such transmission does
not unreasonably prejudice the interests of the copyright owner in the light of the
nature and the purpose of the work as well as the form of the transmission.
(2) A person 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
24
(excluding the broadcasting or wire diffusion, and including the making transmittable in
the case of the 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 37bis. 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) of a work broadcast or diffused by wire, by converting oral
words of that work into written words, exclusively for the purpose of the 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-maklng purposes and without charging any fees
("fees" includes any kind of charge to be imposed on the offering and the making
available of a work to the public; the same shall apply hereinafter in this Article) to
audience or spectatorsvZ ; 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 norr-profit-rnaklng 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 (except 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)
25
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 of the work, without charging any fees to borrowers of such copies.In
this case, a person who makes such distribution 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.
*2 In Article 38, paragraph (1), "without charging any fees ("fees" includes any kind
of charge to be imposed on the offering and the making available of a work to the
public; the same shall apply hereinafter in this Article) to audience or spectators"
includes the case where, without charging any fees to audience or spectators. a work
is exploited for teaching or research activities in such a school as established by a
school establishing company mentioned in Article 12, paragraph (2) of the Law for
Special Districts for Structural Reform (Law No.189, of 2002).
(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 of the 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
26
organs of the State or local public entities, independent administrative organs or local
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 of current 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 of the event,
to the extent justified by the informatory purpose.
(Reproduction for judicial proceedings, etc.)
Article 42. It shall be permissible to reproduce a work if and to the extent deemed
necessary for the purpose of judicial proceedings and of internal use by legislative or
administrative organs, provided that such reproduction does not unreasonably
prejudice the interests of the copyright owner in the light of the nature and the
purpose of the work as well as the number of copies and the form of reproduction.
(Exploitation for Disclosure by the Government Organizations Information Disclosure
Law, etc.)
Article 42bis. For the purpose of offering to or making available to the public of a work
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, the head of a government organization.
an independent administrative organ, etc. or an organ of a local public entity may
exploit the work if and to the extent deemed necessary for the purpose of the
disclosure by means mentioned in Article 14, paragraph (1) of the Government
Organizations Information Disclosure Law (including the provisions of Cabinet Order
under that paragraph) by means mentioned in Article 15, paragraph (1) of the
Independent Administrative Organs, etc. Information Disclosure Law (including means
decided by the independent administrative organ, etc. concerned under that paragraph
and excluding means other than those provided for by Cabinet Order under the
provisions of Article 14, paragraph (1) of the 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) of the
Government Organizations Information Disclosure Law).
27
(Exploitation by means of translation. adaptation. etc.)
Article 43. The exploitation of works permitted under the provisions mentioned below
shall include that made by the following means:
0) Article 30, paragraph (1) or Article 33, paragraph (1) (including the case where its
application mutatis mutandis is provided for under the provision of paragraph (4) of
the same Article). Article 34, paragraph (1) or Article 35: translation, musical
arrangement, transformation, and adaptation;
(ii) Article 31, item 0), Article 32, 36 or 37, Article 39, paragraph (1), Article 40,
paragraph (2), or Article 41 or 42: translation.
(iii) Article 37bis: adaptation (only in summary form).
(Ephemeral recordings by broadcasting organizations. etc.)
Article 44. (1) Broadcasting organizations may make ephemeral sound or visual
recordings of a work which they are in a position to broadcast, without prejudice to
the right of the author mentioned in Article 23, paragraph (1), for the purpose of their
own broadcasts and by the means of their own facilities or facilities of other
broadcasting organizations which are in a position to broadcast the same work.
(2) Wire diffusion organizations may make ephemeral sound or visual recordings of a
work which they are in a position to diffuse by wire, without prejudice to the right of
the author mentioned in Article 23, paragraph (1), for the purpose of their own wire
diffusions (except those made upon receiving broadcasts) and by the means of their
own facilities.
(3) It shall not be permissible to preserve such ephemeral recordings made in
accordance with the provisions of the preceding two paragraphs for a period
exceeding six months after their making or, if the 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 if the
preservation in official archives is authorized by Cabinet Order.
(Exhibition of an artistic work. etc. by the owner of the original thereof)
Article 45. (1) The original of an artistic work or a photographic work may be publicly
exhibited by its owner or with his authorization.
(2) The provision of the preceding paragraph shall not apply with respect to the
permanent location of the original of an artistic work in open places accessible to the
28
public, such as streets and parks, or at places easily seen by the public, such as the
outer walls of buildings.
(Exploitation of an 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) of the preceding Article and architectural
works by any means not falling within any of the following items:
CD multiplication of a sculpture and offering it to the public by transfer of ownership of its copies;
(ii) imitative reproduction of an architectural work and offering it to the public by
transfer of ownership of its copies;
(iii) reproduction of a work for the purpose of locating it permanently in such open
places as mentioned in paragraph (2) of the preceding Article;
(iv) reproduction of an artistic work exclusively for the purpose of selling its copies
and sale of such copies.
(Reproduction required for an exhibition of artistic works, etc.)
Article 47. A person who, without prejudice to the right of the author mentioned in
Article 25, exhibits publicly the originals of artistic works or photographic works may
reproduce such works in pamphlets for the purpose of explaining or introducing them
to spectators.
(Reproduction, etc. by the owner of a copy of a program work)
Article 47bis. (1) The owner of a copy of a program work may make copies or
adaptations (including the making copies of a derivative work created by means of
adaptation) of that work if and to the extent deemed necessary for the purpose of
exploiting that work on a computer by himself, provided that the provision of Article
113, paragraph (2) does not apply to the use made of such copies in connection with
such exploitation.
(2) If the owner of copies mentioned in the preceding paragraph has ceased to have
the ownership of any of copies mentioned in that paragraph (including copies made in
accordance with the provision of that paragraph) for reasons other than those of
destruction, he may not thereafter preserve other copies in the absence of any
declaration of the intention of the copyright owner to the contrary.
29
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(Transfer of ownership of copies made in accordance with the provisions of
limitations on reproduction right)
Article 47ter. Works permitted to be reproduced in accordance with the provisions of
Article 31, item 0), Article 32, Article 33, paragraph (1) (including the case where its
application mutatis mutandis is provided for under the provision of paragraph (4) of
the 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 or 47 shall also
be permitted to be offered to the public by transfer of ownership of copies made in
accordance with these provisions, excluding copies of cinematographic works in cases
of the provisions of Article 31, item 0), Article 35, paragraph (1), Article 36, paragraph
(1) or Article 42 (including copies of cinematographic works in cases of works
reproduced in cinematographic works; the same shall apply hereinafter in this Article),
except in the case where the ownership of copies of works made in accordance with
the provisions of Article 31, item 0), Article 33bis, paragraph (1), Article 35, paragraph
(1), Article 41, 42 or 42bis is transferred to the public for purposes other than those
mentioned in Article 31, item 0) or Article 35, paragraph (1), Article 41, 42 or 42bis
(excluding copies of cinematographic works in cases of the provisions of Article 31,
item (j) Article 33bis, paragraph (1), Article 35, paragraph (1) or Article 42).
(Indication of sources)
Article 48. (1) In any of the following cases, the source must be clearly indicated in the
manner and to the extent deemed reasonable by the form of the reproduction or
exploitation:
0) where reproduction is made of works in accordance with the provisions of Article
32, Article 33, paragraph (1) (including the case where its application mutatis mutandis
is provided for under the provision of paragraph (4) of the same Article), Article 33bis,
paragraph (1), Article 37, paragraph (1) or (3), or Article 42 or 47;
(ii) where exploitation is made of works in accordance with the provisions of Article
34, paragraph (1), Article 37bis, Article 39, paragraph (1), or Article 40, paragraph (1) or
(2);
(iii) where exploitation, other than reproduction, is made of works in accordance with
the provision of Article 32, or where exploitation is made of works in accordance with
the provisions of Article 35, Article 36, paragraph (1), Article 38, paragraph (1), or
Article 41 or 46, provided that standard practice sso requires.
30
(2) When indicating the source under the preceding paragraph, mention must be made
of the name of the author if it appears on a work, except in the case where such
indication identifies the author or the work is anonymous.
(3) Where exploitation is made of works by translating, arranging musically,
transforming or adapting them in accordance with the provision of Article 43, mention
must also be made of the source as provided for in the provisions of the preceding
two paragraphs.
(Uses, etc. of copies for other purposes)
Article 49. (1) The following acts shall be considered to constitute the reproduction as
mentioned in Article 21:
(i) the distribution of copies of works made in accordance with the provisions of
Article 3D, paragraph (1), Article 31, item m, Article 33bis, paragraph (1), Article 35, paragraph (1), Article 37, paragraph (3), or Articles 41 to 42bis, or Article 44, paragraph
(1) or (2), or the making available to the public of works by the use of these copies, for
purposes other than those mentioned in these provisions;
(ij) the preservation by broadcasting organizations or wire diffusion organizations, of
ephemeral recordings in violation of the provision of Article 44, paragraph (3);
(iii) the distribution of copies of works (excluding copies falling within those
mentioned in item (ij) of the next paragraph) made in accordance with the provision of
Article 47bis, paragraph (1), or the making available to the public of works by the use
of these copies;
(iv) the preservation of copies mentioned in Article 47bis, paragraph (2) in violation of
that paragraph (excluding copies falling within those mentioned in item (ij) of next
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-existing works of derivative works concerned:
(i) the distribution of copies of derivative works made in accordance with the
provisions of Article 43, parapraph (1) or (2), or the making available to the public of
derivative works by the use of these copies, for purposes other than those mentioned
in Article 30, paragraph (1), Article 31, item m, Article35, Article 37, paragraph (3), or Article 41 or 42;
(ij) the distribution of copies of derivative works made in accordance with the
provision of Article 47bis, paragraph (1) or the making available to the public of
31
derivative works by the use of these copies;
(iii) the preservation of copies mentioned in the preceding item in violation of the
provision of Article 47bis, paragraph (2).
(Relationship with moral rights of authors)
Article 50. No provisions of this Subsection may be interpreted as affecting the
protection of the moral rights of the author.
Chapter III Right of Publication
(Establishment of the right of publication)
Article 79. (1) The owner of the right mentioned in Article 21 (hereinafter in this
Chapter referred to as "the owner of reproduction right") may establish the right of
publication in favour of a person who undertakes to publish the work in a writing or a
printing.
(2) The owner of reproduction right may establish the right of publication only with the
authorization of the pledgee if the right of pledge is established on the reproduction
right.
(Contents of the right of publication)
Article 80. (1) The owner of the right of publication shall, as stipulated in the contract
of establishment, have the exclusive right to reproduce the original text of the work,
on which the right of publication is established, in a writing or a printing by means of
typography or other mechanical or chemical processes for the purpose of distribution.
(2) If the author of the work dies within the duration of the right of publication or, after
three years have passed from the first publication following the establishment of the
right of publication, unless otherwise stipulated in the contract of establishment, the
owner of reproduction right may, notwithstanding the provision of the preceding
paragraph, reproduce the work in a complete collection of works or other compilations
comprising only the works of the same author.
(3) The owner of the right of publication may not authorize any third person to
reproduce the work on which the right of publication is established.
(Obligation of publication)
Article 81. Unless otherwise stipulated in the contract of establishment, the owner of
the right of publication shall have the following obligations:
32
(j) to publish the work within a period of six months after the date when he received,
from the owner of reproduction right, manuscripts or other originals or those
corresponding thereto which are necessary for the reproduction of the work; and
OJ) to publish 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 of the right of publication,
the author may make alterations, additions or deletions in his work to the extent
justified.
(2) Whenever intending to make a new reproduction of the work on which the right of
publication is established, the owner of the right of publication shall notify the author
thereof in advance.
(Duration of the right of publication)
Article 83. (1) The duration of the right of publication shall be stipulated by the
contract of establishment.
(2) The right of publication shall expire at the end of a period of three years from the
first publication after the establishment of the right, unless otherwise stipulated in the
contract of establishment.
(Request to terminate the right of publication)
Article 84. (1) When the owner of the right of publication has not discharged his
obligation mentioned in Article 81, item (j), the owner of reproduction right may
terminate the right of publication by notifying the owner thereof.
(2) When the owner of the right of publication has not discharged his obligation
mentioned in Article 81, item Gj), the owner of reproduction right may terminate the
right of publication by notifying the owner thereof, provided that the owner of
reproduction right has called upon the owner of the right of publication to discharge
his obligation within a period exceeding three months, and that the owner of the right
of publication has not discharged his obligation within that period.
(3) When the belief of the author who has the reproduction right in his work differs
from the content of the work, he may terminate the right of publication by notifying
the owner of the right of publication in order to halt forever the publication of the work,
provided that he makes compensation in advance for damages usually caused to the
owner of the right of publication by such termination.
33
- - - -------------------------------------------------------------------------------
Article 85. Deleted.
(Limitation on the right of publication)
Article 86. (1) The provisions of Article 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) of the 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 mutatis mutandis to the reproduction of
works on which the right of publication is established. In these cases, "the copyright
owner" in Article 35, paragraph (1) and Article 42 shall read "the owner of the right of
publication".
(2) The distribution and the making available to the public of copies of works
reproduced in accordance with the provisions of Article 30, paragraph (1), Article 31,
item 0), Article 33bis, paragraph (1), Article 35, paragraph (1), Article 41, 42 or 42bis
which shall apply mutatis mutandis in the preceding paragraph, for purposes other
than those mentioned in these provisions, shall be considered to constitute the
reproduction as mentioned in Article 80, paragraph (1).
(Transfer, etc. of the.right of publication)
Article 87. The right of publication may be transferred or pledged only with the
authorization of the owner of reproduction right.
(Registration of the right of publication)
Article 88. (1) The following matters shall not be effective against any third party
without the registration thereof:
(j) 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 of
the merger, or because of the expiry of the reproduction right), or the restriction on
the disposal of the right of publication;
(ij) the establishment, transfer, alteration or expiry (except because of the merger of
the right of pledge, or because of the expiry of the right of publication or the obligatory
rights secured), or the restriction on the disposal of the right of pledge established on
the right of publication.
(2) The provision of Article 78 (except paragraph (2)) shall apply mutatis mutandis to
the registration mentioned in the preceding paragraph. In this case, "the copyright
34
register" in Article 78, paragraphs (1), (3), (7) and (8) shall read "the register of the
right of publication".
Chapter IV Neighboring Rights
Section 1 General Rules
(Neighboring rights)
Article 89. (1) Performers shall enjoy the rights mentioned in Article 90bis, paragraph
(1) and Article 90ter, paragraph (1) (hereinafter referred to as "moral rights of
performers") and the rights mentioned in Article 91, paragraph (1), Article 92,
paragraph (1), Article 92bis, paragraph (1) and Article 95bis, paragraph (1) and Article
95ter, 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 95ter, paragraph (3).
(2) Producers of phonograms shall enjoy the rights mentioned in Articles 96 and 96bis
and Article 97bis, 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 in Article 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 100bis to
100quinquies.
(5) The eniovment of the rights referred to in any of the preceding paragraphs shall
not be subject to any formality.
(6) The rights referred to in paragraphs (1) to (4) (except moral rights of performers 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 with the rights of authors)
Article 90. No provisions in this Chapter may be interpreted as affecting the
protection of the rights of authors.
Section 2 Rights of Performers
(Right of determining the indication of the 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
35
name of the performer, when his performances are offered to or made available to the
public.
(2) In the absence of any declaration of the intention of the performer to the contrary,
a person using his performances may indicate the name of the performer in the same
manner as that already adopted by the performer.
(3) It shall be permissible to omit the name of the performer where it is found that
there is no risk of damage to the interests of the performer in his claim to be identified
as the performer of his performances in the light of the purpose and the manner of
exploiting his performances or where it is found that such omission is compatible with
fair practice.
(4)The provision of paragraph (1) shall not apply in any of the following cases:
(j) 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 of a government organization, by an independent administrative
organ, etc. or by an organ of a local public entity or a local independent administrative
organ 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;
OJ) where the name of the performer is to be omitted when his performances are 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 or a
local independent administrative organ in accordance with the provisions of Article 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 of the Information Disclosure
Regulations equivalent to those of Article 6, paragraph (2) of the former Law.
(Right of preserving the integrity)
Article 90ter. (1)The performer shall have the right to preserve the integrity of his
performances against any distortion, mutilation or other modification of them that
would be prejudicial to his honor or reputation.
(2) The provision of the preceding paragraph shall not apply to modifications deemed
unavoidable in the light of the nature of performances as well as the purpose and
36
-------------------------------------------------
manner of exploiting them or those deemed compatible with fair practice.
(Right of making sound o~ visual recordings)
Article 91. (1) Performers shall have the exclusive right to make sound or visual
recordings of their performances.
(2) The provision of the preceding paragraph shall not apply to performances which
have been incorporated in cinematographic works with the authorization of the owner
of the right mentioned in the same paragraph , except in the case where such
performances are to be incorporated in sound recordings (other than those intended
for use exclusively with images).
(Rights of broadcasting and wire diffusion)
Article 92. (1) Performers shall have the exclusive rights to broadcast and to diffuse
by wire their performances.
(2) The provision of the preceding paragraph shall not apply in the following cases:
(l) where the wire diffusion is made of performances already broadcast;
OJ) where the broadcasting takes place of, or the wire diffusion is made of the following: (a) performances incorporated in sound or visual recordings with the
authorization of the owner of the right mentioned in paragraph (1) of the preceding
Article;
(b) performances mentioned in paragraph (2) of the preceding Article and incorporated
in recordings other than those mentioned in that paragraph.
(Right of making transmittable)
Article 92bis. (1) Performers shall have the exclusive right to make their performances
transmittable.
(2) The provision of the preceding paragraph shall not apply to the following:
(i) performances incorporated in visual recordings with the authorization of the
owner of the right mentioned in Article 91, paragraphl n( �
OJ) performances mentioned in Article 91, paragraph(2) and incorporated in
37
recordings other than those mentioned in that paragraph.
(Fixation for broadcasting purposes)
Article 93. (1) Broadcasting organizations which have obtained the authorization to
broadcast performances from the owner of the right of broadcasting mentioned in
Article 92, paragraph (1),may make sound or visual recordings of such 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 of
use in broadcasting programs different from those authorized.
(2) The following shall be considered to constitute the making of sound or visual
recordings mentioned in Article 91, paragraph (1):
CO the use and the offering of sound or visual recordings made in accordance with the
provision of the preceding paragraph for a purpose other than that of broadcasting or
for the purpose mentioned in the proviso to the same paragraph;
(li) the further offering, by broadcasting organizations which have been offered such
recordings, of sound or visual recordings made in accordance with the provision of the
preceding paragraph, to other broadcasting organizations for their broadcasting.
(Broadcasting of fixations, etc. made for broadcasting purposes)
Article 94. (1) Unless otherwise stipulated in the contract, the authorization to
broadcast a performance from the owner of the right mentioned in Article 92,
paragraph (1) shall also imply the following:
CO broadcasting by the authorized broadcasting organization of the performances
incorporated in sound or visual recordings in accordance with the provision of
paragraph (1) of the preceding Article;
(ii) broadcasting, of the performances incorporated by the authorized broadcasting
organization in sound or visual recordings in accordance with the provision of
paragraph (1) of the preceding Article, by another broadcasting organization which has
been offered such recordings;
(iii) broadcasting (not falling within the preceding item), by another broadcasting
organization which has been offered by the authorized broadcasting organization
programs incorporating authorized performances, of such performances.
(2) When a broadcasting mentioned in any of the items of the preceding paragraph has
been made, the authorized broadcasting organization mentioned therein shall pay a
reasonable amount of remuneration to the owner of the right mentioned in Article 92,
38
paragraph (1).
(Secondary use of commercial 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 of the owner of the 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 (j) 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) As far as the Contracting States of the Convention for the Protection of
Performers, etc. are concerned, the provisions of the preceding paragraph shall apply
to performers whose performances are fixed in phonograms the producers of which
are nationals of a country other than that which is a Contracting State of that
Convention and which has made a declaration under the provisions of Article 16 (1) (a)
(j) of that Convention stating that it will not apply the provisions of Article 12 of that
Convention.
(3) If the term of the protection provided for in the provisions of Article 12 of the
Convention for the Protection of Performers, etc. which is granted by a Contracting
State of that Convention with respect to phonograms mentioned in Article 8, item (j)
is shorter than that for which performers are granted the protection under the
provisions of paragraph (1), the term for which performers, whose performances are
fixed in phonograms the producers of which are nationals of that State, are granted
the protection under the provisions of that paragraph shall be that of the protection
provided for in the provisions of Article 12 of that Convention which is granted by that
State with respect to phonograms mentioned in Article 8, item (i),
(4) The provisions of paragraph (1) shall apply, within the limits of reservations made,
to performers whose performances are fixed in phonograms the producers of which
are nationals of a country which is a Contracting Party to the WPPT (but not a
Contracting State of the Convention for the Protection of Performers, etc.) and which
has made reservations under the provisions of Article 15 (3) of the WPPT.
(5) Where there is an association (including a federation of associations) which is
composed of a considerable number of professional performers practising in this
country and which is so designated, with its consent, by the Commissioner of the
39
Agency for Cultural Affairs, the right to secondary use fees mentioned in the
paragraph (1) shall be exercised exclusively through the intermediary of such
association.
(6) The Commissioner of the Agency for Cultural Affairs may designate only such an
association as satisfies the following conditions:
(j) that it is not established for profit-making;
(li) that its members may freely join and withdraw;
(iii) that its members are granted an equal right to vote and to be elected;
(lv) that it has sufficient ability to practise properly by itself the business of
exercising the right on behalf of the owners of the right to secondary use fees
mentioned in paragraph (1) (hereinafter in this Article referred to as "the owners of
the right").
(7) Such association may not refuse the request of the owners of the right for the
exercise of the right on their behalf.
(8) Upon receipt of the request mentioned in the preceding paragraph, such
association shall have authority to deal, on behalf of the owners of the 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 of the Agency for Cultural Affairs
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 of practising business.
(10) The amount of secondary use fees which such association may demand on behalf
of the owners of the right in accordance with the provision of paragraph (4) shall be
fixed each year by mutual agreement between such association and broadcasting
organizations, etc. or their federation.
(11) If the agreement mentioned in the preceding paragraph is not reached, the parties
concerned may, as provided by Cabinet Order, request the Commissioner of the
Agency for Cultural Affairs to issue a ruling fixing an amount of secondary use fees.
(12) The provisions of Article 70, paragraphs (3), (6) and (7) as well as Articles 71 to
74 shall apply mutatis mutandis to 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 of the 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) of the same Article and "the copyright owner" in Article 74 shall read
"the association mentioned in Article 95, paragraph (5)".
40
(13) The provisions of the Law Relating to Prohibition of Private 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 under it, provided that the
trading method is fair and without unreasonable prejudice to the interests of
concerned entrepreneurs.
(14) Other than those provided for in paragraphs (5) to (13), necessary matters in
connection with the payment of secondary use fees mentioned in paragraph (1) and
the association mentioned in paragraph (5) shall be provided by Cabinet Order.
(Right of transfer of ownership)
Article 95bis. (1) Performers shall have the exclusive right to offer their performances
to the public by transfer of ownership of sound or visual recordings of their
performances.
(2) The provision of the preceding paragraph shall not apply to the follow1 ng:
(j) performances incorporated in visual recordings with the authorization of a person
who has the right mentioned in Article 91, paragraph (1);
(ij) performances mentioned in Article 91, paragraph (2) and incorporated in
recordings other than those mentioned in that paragraph.
(3) The provision of paragraph (1) shall not apply in the case of transfer of ownership
of sound or visual recordings of performances (except those mentioned in items (j)
and (ij) of the preceding paragraph; the same shall apply hereinafter in this Article) (
which falls within any of the following items:
(i) sound or visual recordings of performances the ownership of which has been
transferred to the public by a person who has the right mentioned in paragraph (1) or
with the authorization of such person;
(ij) sound or visual recordings of performances the ownership of which has been
transferred to a small number of specific persons by a person who has the right
mentioned in paragraph (1) or with the authorization of such person;
(iij) sound or visual recordings of performances the ownership of which has been
transferred, outside this country, 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 of such person.
(Right of lending, etc.)
Article 95ter. (1) Performers shall have the exclusive right to offer their performances
to the public by lending commercial phonograms incorporating their performances.
41
(2) The provision of the preceding paragraph shall not apply to the lending of
commercial phonograms going beyond a period as provided by Cabinet Order within
the limits of one to twelve months from the first sale of such 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 of lending commercial phonograms to the
public (hereinafter referred to as "commercial phonograms lenders") have offered
performances to the public by lending commercial phonograms going beyond the
period. they shall pay a reasonable amount of remuneration to the performers whose
performances (in which neighboring rights subsist) are incorporated in such
phonograms.
(4) The provisions of Article 95, paragraphs (5) to (14) shall apply mutatis mutandis to
the right to remuneration mentioned in the preceding paragraph. In this case,
"broadcasting organizations, etc." in paragraph (10) of the same Article and
"broadcasting organizations, etc. mentioned in Article 95, paragraph (1)" in paragraph
(12) of the same Article shall read "commercial phonograms lenders mentioned in
Article 95ter, paragraph (3)."
(5) The right to royalty with respect to the authorization given by owners of the right
mentioned in paragraph (1) may be exercised through the intermediary of the
association, mentioned in Article 95, paragraph (5) which shall apply mutatis mutandis
in the preceding paragraph.
(6) The provisions of Article 95, paragraphs (7) to (14) shall apply mutatis mutandis in
the preceding paragraph. In this case, the provision of the second sentence of
paragraph (4) of this Article shall apply mutatis mutandis.
Section 3 Rights of Producers of Phonograms
(Right of reproduction)
Article 96. Producers of phonograms shall have the exclusive right to reproduce their
phonograms.
(Right of making transmittable)
Article 96bis. Producers of phonograms shall have the exclusive right to make their
phonograms transmittable.
42
(Secondary use of commercial 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 the
producers whose phonograms (which are mentioned in Article 8, items (j) 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 mutatis mutandis to
the producers of phonograms mentioned in the preceding paragraph, and the
provisions of paragraph (3) of the same Article shall apply mutatis mutandis to the
term of the protection provided for in the preceding paragraph. In this case,
"performers whose performances are fixed in phonograms the producers of which are
nationals" in paragraphs (2) to (4) of the same Article shall read "producers of
phonograms who are nationals", and "that for which performers are granted the
protection" in paragraph (3) of the same Article shall read "that for which producers
of phonograms are granted the protection".
(3) Where there is an association (including a federation of associations) which is
composed of a considerable number of producers of phonograms practising in this
country and which is so designated, with its consent, by the Commissioner of the
Agency for Cultural Affairs, the right to secondary use fees mentioned in paragraph
(1) shall be exercised exclusively through the intermediary of such association.
(4) The provisions of Article 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 of transfer of ownership)
Article 97bis. (1) Producers of phonograms shall have the exclusive right to offer their
phonograms to the public by transfer of ownership of copies of their phonograms.
(2) The provision of the preceding paragraph shall not apply in the case of transfer of
ownership of copies of phonograms which falls within any of the following items:
(l) copies of phonograms 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;
OJ) copies of phonograms the ownership of which 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 of such person;
43
-----------------------
(iii) copies of phonograms the ownership of which has been transferred, outside this
country, 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, etc.)
Article 97ter. (1) Producers of phonograms shall have the exclusive right to offer their
phongrams to the public by lending commercial phonograms in which their phonograms
are reproduced.
(2) The provision of the preceding paragraph shall not apply to the lending of
commercial 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 mutandis to the
exercise of the right to remuneration mentioned in the preceding paragraph.
(5) The provisions of Article 95, paragraphs (6) to (14) shall apply mutatis mutandis to
the remuneration mentioned in paragraph (3) of this Article and to associations
mentioned in Article 97, paragraph (3) which shall apply mutatis mutandis in the
preceding paragraph. In this case, the provision of the first sentence of Article 95ter,
paragraph (4) shall apply mutatis mutandis.
(6) The right to royalty with respect to the authorization given by owners of the right
mentioned in paragraph (1) of this Article may be exercised through the intermediary
of the association mentioned in Article 97, paragraph (3) which shall apply mutatis
mutandis in paragraph (4) of this Article.
(7) The provision of paragraph (5) of this Article shall apply mutatis mutandis in the
preceding paragraph. In this case, "Article 95, paragraph (6)" in paragraph (5) shall
read "Article 95, paragraph (7)."
Section 4 Rights of Broadcasting Organizations
(Right of reproduction)
Article 98. Broadcasting organizations shall have the exclusive rights to make sound
or visual recordings of their broadcasts or those diffused by wire from such
broadcasts, and to reproduce by means of photography or other similar processes the
44
sounds or images incorporated in these broadcasts.
(Rights of rebroadcasting 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 of the preceding paragraph shall not apply to the wire diffusion which
is made by a person who is required to do so under the provisions of laws and
regulations.
(Right of making transmittable)
Article 99bis. Broadcasting organizations shall have the exclusive right to make
transmittable their broadcasts or those diffused by wire from such broadcasts.
(Right of communication of television broadcasts)
Article 100. Broadcasting organizations shall have the exclusive right to communicate
to the public their television broadcasts or those diffused by wire from such
broadcasts. by means of a special instrument for enlarging images.
Section 5 Rights of Wire Diffusion Organizations
(Rights of reproduction)
Article 100bis. Wire diffusion organizations shall have the exclusive rights to make
sound or visual recordings of their wire diffusions, and to reproduce by means of
photography or other similar processes the sounds or images incorporated in their
wire diffusions.
(Rights of broadcasting and wire rediffusion)
Article 100ter. Wire diffusion organizations shall have the exclusive rights to
broadcast and to rediffuse by wire their wire diffusions.
(Right of making transmittable)
Article 100quater. Wire diffusion organizations shall have the exclusive right to make
their wire diffusions transmittable.
(Right of communication of wire television diffusions)
45
------------------
Article 100quinquies. Wire diffusion organizations shall have the exclusive right to
communicate their wire television diffusions to the public, by means of a special
instrument for enlarging images.
Section 6 Term of Protection
(Term of protection for performances. phonograms, broadcasts and wire diffusions)
Article 101. (1) The duration of neighboring rights shall begin with the following date:
(i) when the performance took place, for performances;
(ii) when the first fixation of sounds was made, for phonograms;
(iij) when the broadcast took place, for broadcasts;
(2) The duration of neighboring rights shall expire at the end of a period of fifty years
from the year following the date:
(i) when the performance took place, for performances;
(ij) when the publishing was made or when the first fixation of sounds was made if the
publishing has not been made within a period of fifty years following the first fixation of
sounds;
(iij)when the broadcast took place, for broadcasts;
(iv)when the wire diffusion took place, for wire diffusions.
Section 7 Inalienability of Moral Rights. etc. of Performers
(Inalienability of moral rights of performers)
Article 101bis. Moral rights of the performer shall be exclusively personal to him and
inalienable.
(Protection of the moral interests after the performer's death)
Article 101ter. Even after the death of the performer, no person who offers or makes
available performances to the public may commit an act which would be prejudicial to
the moral rights of the performer if he were alive; provided, however, that such act is
permitted if it is deemed not to be against the will of the performer in the light of the
nature and extent of the act as well as a change in social situation and other
conditions.
46
Section 8 Limitations, Transfer, Exercise and Registration of the Rights
(Limitations on neighboring rights)
Article 102. (1) The provisions of Article 30, paragraph (1), Articles 31, 32, 35 and 36,
Article 37, paragraph (3), Article 38, paragraphs (2) and (4) and Articles 41, 42, 42bis
and 44 (except paragraph (2» shall apply mutatis mutandis to the exploitation of
performances, phonograms, broadcasts or wire diffusions which are the subject
matter of neighboring rights, the provision of Article 30, paragraph (2) and Article
47ter shall apply mutatis mutandis to the exploitation of performances or phonograms
which are the subject matter of neighboring rights, and the provision of Article 44,
paragraph (2) shall apply mutatis mutandis to the exploitation of performances,
phonograms or wire diffusions which are the subject matter of neighboring rights. In
this case, "Article 23, paragraph (1)" in Article 44, paragraph (1) shall read"Article 92,
paragraph (1), Article 99, paragraph (1) or Article 1DOter", and"Article 23, paragraph
(1)" in Article 44, paragraph (2) shall read"Article 92, paragraph (1) or Article 100ter".
(2) Where reproduction is made of performances, phonograrns, sounds or images of
broadcasts 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 mutatis mutandis in the preceding paragraph, the source must be clearly
indicated in the manner and to the extent deemed reasonable by the character of the
reproduction, provided that standard practice so requires.
(3) Where it is permissible to broadcast or diffuse by wire works under the provision of
Article 39, paragraph (1) or Article 40, paragraph (1) or (2), it shall also be permissible
to diffuse by wire the broadcasts or wire diffusions of such works and to communicate
them to the public by means of a special instrument for enlarging images.
(4) The following shall be considered to constitute the making of sound or visual
recordings or the reproduction as mentioned in Article 91, paragraph (1), Article 96,
Article 98 or Article 1DObis:
0) the distribution of copies of performances, etc. made in accordance with the
provisions of Article 30, paragraph (1), Article 31, item 0), Article 35, paragraph (1),
Article 37, paragraph (3), Article 41, 42 or 42bis, or Article 44, paragraph (1) or (2)
which apply mutatis mutandis in paragraph (1) of this Article, and the making available
to the public of performances, of sounds of phonograms, or of sounds or images of
broadcasts or wire diffusions by the use of these copies, for purposes other than
those mentioned in these provisions;
OJ) the preservation by broadcasting organizations or wire diffusion organizations of
sound or visual recordings in violation of the provisions of Article 44, paragraph (3)
47 '
which apply mutatis mutandis in paragraph (1) of this Article.
(Relationship with moral rights of performers)
Article 102bis. No provisions of the preceding Article relating to limitations on
neighboring rights (except the provisions of paragraph (3) of that Article) may be
interpreted as affecting the protection of the moral rights of the performer.
(Transfer, exercise, etc. of neighboring rights)
Article 103. The provision of Article 61, paragraph (1) shall apply mutatis mutandis to
the transfer of neighboring rights. the provision of Article 62, paragraph (1) to the
expiry of these rights, and the provision of Article 63 to the authorization to exploit
performances, phonograms, broadcasts or wire diffusions, and the provision of Article
65 shall apply mutatis mutandis with respect to the joint authorship of these rights.
and the provision of Article 66 with respect to the establishment of a pledge on these
rights. In this case, "Article 23, paragraph (1)" in Article 63, paragraph (5) shall read
"Article 92bis, paragraph (1) , Article 96bis. Article 99bis or Article 100quater".
(Registration of neighboring rights)
Article 104. The provisions of Articles 77 and 78 (except paragraph (2))shall apply
mutatis mutandis to the registration of neighboring rights. In this case.Tthe copyright
register" in paragraphs (1), (3) and (7) of the latter Article shall read "the register of
neighboring rights".
back to Contents
Chapter V Compensation for Private Recording
(Exercise of the right to claim compensation for private recording)
Article 104bis. (1) Where there is an association, which is established for the purpose
of exercising th right to claim compensation as mentioned in Article 30, paragraph (2)
(including the case where its application mutatis mutandis is provided for under the
provision of Article 102, paragraph (1); the same shall apply hereinafter in this
Chapter. ) (hereinafter in this Chapter referred to as "compensation for private
recording") on behalf of the owners of such right (hereinafter in this Chapter referred
to as "the owners of the right") and which is designated, with its consent, by the
Commissioner of the Agency for Cultural Affairs as the only one association
throughout the country for each of the following two categories of compensation for
48
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 intermediary of the designated association:
(j) compensation for sound recording made for the purpose of private 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 of private 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 behalf of the
owners of the 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 104ter. The Commissioner of the Agency for Cultural Affairs shall designate
only such an association as satisfies the following conditions:
(j) that it is a legal person established under the provrsion of Article 34
(Establishment of non-profit legal persons) of the Civil Law;
(ii) that it is composed of, in the case of compensation for private sound recording, the
associations mentioned in the following (a), (c) and (d), and, in the case of
compensation for private visual recording, the associations mentioned in the following
(b), (c) and (d), respectively: (a) an association (including a federation of
associations) which is composed of the persons holding the right of reproduction with
respect to works of which private sound recording is made, and which is deemed to
represent the interests of such right holders in this country;
(b) an association (including a federation of associations) which is composed of the
persons holding the right of reproduction with respect to works of which private visual
recording is made, and which is deemed to represent the interests of such right
holders in this country;
(c) an association (including a federation of associations) which is composed of a
considerable number of professional performers practising in this country;
(d) an association (including a federation of associations) which is composed of a
considerable number of producers of phonograms practising in this country;
(iii) that each of the associations mentioned in (a),(b),(c) and (d) in the preceding item
49
satisfies the following conditions: (a) that it is not established for profit-making;
(b) that its members may freely join 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 1040cties, paragraph (1); hereinafter in this Chapter
referred to as "he business related to compensation") on behalf of the owners of the
right.
(Exceptional provisions for the payment of compensation for private recording)
Article 104quater. (1) Any purchaser of a recording machine or a recording medium
which is specified by Cabinet Order in accordance with the provision of Article 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 of such retailed recording machines or media) shall pay, at the time of the
purchase and on the claim by the designated association, a lump-sum compensation
for private recording the amount of which is fixed, for such recording machine and
medium respectively, in accordance with the provision of Article 104sexies, paragraph
(n. (2) Any person who has paid such compensation may claim its repayment from the
designated association, by certifying that he or she uses such a specified recording
machine or medium exclusively for the purpose other than that of private recording.
(3) Notwithstanding the provision of Article 30, paragraph (2), any person who makes
private recording on a specified recording medium, for which compensation has been
paid, by means of a 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 of the preceding paragraph.
(Cooperation by manufacturers and importers)
Article 104quinquies. When the designated association claims compensation for
private recording in accordance with the provision of paragraph (1) of the preceding
Article, any manufacturer or importer of specified recording machines or media shall
cooperate with the designated association in claiming and receiving such
compensation.
50
(Amount of compensation for private recording)
Article 104sexies. (1) Before exercising the right to claim compensation for private
recording in accordance with the provision of Article 104bis, paragraph (1), the
designated association shall fix the amount of such compensation and obtain the
approval thereof from the Commissioner of the Agency for Cultural Affairs. The same
shall apply when the designated association intends to change such amount.
(2) When the approval mentioned in the preceding paragraph is given, the amount of
compensation for private recording shall, notwithstanding the provision of Article 30,
paragraph (2), be that as approved.
(3) Before applying for such approval, the designated association shall consult with
associations which are composed of manufacturers and importers of specified
recording machines or media and which are deemed to represent their opinions.
(4) The Commissioner of the Agency for Cultural Affairs shall approve the amount of
compensation applied for only when it is deemed appropriate by taking into account
the spirit of the provisions of Article 30, paragraph (1) (including the case where its
application mutatis mutandis is provided for under the provision of Article 102,
paragraph (1) ) and Article 104quater, paragraph (1), the ordinary rate of sound or
visual recording royalty and other circumstances.
(5) Before approving the amount of compensation, the Commissioner of the Agency
. for Cultural Affairs shall consult the Culture Council.
(Rules on the conduct of the business related to compensation)
Article 104septies. (1) When initiating the business related to compensation, the
designated association shall establish rules on the conduct of such business and
report those rules to the Commissioner of the 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 of compensation for private recording (limited to such
compensation as paid in accordance with the provision of Article 104quater, paragraph
(1) ), and the designated association shall take into account the spirit of the provision
of Article 30, paragraph (2) when establishing the rules on such matters.
(Allocation for such activities as contributing to the protection of copyright, etc.)
Article 1040cties. (1) The designated association shall allocate an amount
51
---------------------------.
corresponding to the rate fixed by Cabinet Order within 20% of the compensation
received (limited to such compensation as paid in accordance with the provision of
Article 104quater, paragraph (1) ) for such activities as contributing to the protection
of copyright and neighboring rights as well as to the promotion of the creation and
dissemination of works.
(2) When intending to draft the Cabinet Order mentioned in the preceding paragraph or
to draft its amendment, the Commissioner of the Agency for Cultural Affairs shall
consult the Culture Council.
(3) The Commissioner of the 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 of such business.
(Request for report, etc.)
Article 104novies. The Commissioner of the 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 of conduct of the business
related to compensation when it is deemed necessary for assuring the proper conduct
of such business.
(Mandate to Cabinet Order)
Article 104decies. 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 of Disputes
(Mediators for the settlement of disputes 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 of disputes 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 of the Agency for Cultural Affairs from among
persons of learning and experience in the field of copyright or neighboring rights.
52
(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 of the
Agency for Cultural Affairs.
(Application fee)
Article 107. (1) Applicants shall pay application fee. the amount of which shall be fixed
by Cabinet Order. taking into account actual cost.
(2) The provision of the preceding paragraph shall not apply in the case where a
person who shall pay an application fee in accordance with the provision of that
paragraph is the State, etc.
(Submission to mediation)
Article 108. (1) Upon receipt of an application under the provision of Article 106 of
both parties concerned or that of one party to which the other party consented. the
Commissioner of the Agency for Cultural Affairs shall submit the matter to the
mediators.
(2) The Commissioner of the Agency for Cultural Affairs may desist from submitting a
matter to the mediators, when he deems it inappropriate in nature for submission to
mediation 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 of
the points in dispute.
(2) The mediators may stop the mediation when they deem that the likelihood of
settlement of the dispute no longer exists.
(Report, etc.)
Article 110. (1) Upon completion of the mediation. the mediators shall report thereon
to the Commissioner of the Agency for Cultural Affairs.
(2) When stopping mediation. they shall inform the parties concerned thereof and
indicate the reasons therefor. which shall also be reported to the Commissioner of the
Agency for Cultural Affairs.
(Mandate to Cabinet Order)
Article 111. Other than those provided for in this Chapter. necessary matters in
connection with procedures of mediation and mediators shall be provided by Cabinet
Order.
53
Chapter VI Settlement of Disputes
(Mediators for the settlement of disputes 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 of disputes 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 of the Agency for Cultural Affairs from among
persons of learning and experience in the field of copyright 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 of the
Agency for Cultural Affairs.
(Application fee)
Article 107. (1) Applicants shall pay application fee. the amount of which shall be fixed
by Cabinet Order, taking into account actual cost.
(2) The provision of the preceding paragraph shall not apply in the case where a
person who shall pay an application fee in accordance with the provision of that
paragraph is the State, etc.
(Submission to mediation)
Article 108. (1) Upon receipt of an application under the provision of Article 106 of
both parties concerned or that of one party to which the other party consented, the
Commissioner of the Agency for Cultural Affairs shall submit the matter to the
mediators.
(2) The Commissioner of the Agency for Cultural Affairs may desist from submitting a
matter to the mediators, when he deems it inappropriate in nature for submission to
mediation 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 of
the points in dispute.
54
(2) The mediators may stop the mediation when they deem that the likelihood of
settlement of the dispute no longer exists.
(Report. etc.)
Article 110. (1) Upon completion of the mediation, the mediators shall report thereon
to the Commissioner of the Agency for Cultural Affairs.
(2) When stopping mediation, they shall inform the parties concerned thereof and
indicate the reasons therefor, which shall also be reported to the Commissioner of the
Agency for Cultural Affairs.
(Mandate to Cabinet Order)
Article 111. Other than those provided for in this Chapter, necessary matters in
connection with procedures of mediation and mediators shall be provided by Cabinet
Order.
Chapter VIII Penal Provisions
Article 119. The following shall be punishable by imprisonment for a term not
exceeding five years or a fine not exceeding five million Yen, or both:
(j) any person who infringes moral rights of authors, copyright. right of publication,
moral rights of performers or neighboring rights (excluding those who reproduce by
themselves works or performances, etc. for the purpose of private use as mentioned
in Article 3D, paragraph (1) (including the case where its application mutatis mutandis
is provided for under the provision of Article 102, paragraph (1» , those who do an act
considered to constitute an infringement on moral rights of authors, copyright, moral
rights of performers or neighboring rights (including the rights considered as
neighboring rights in accordance with the provisions of Article 113, paragraph (4); the
same shall apply in Article 120bis, item (iii» under the provisions of Article 113,
paragraph (3) or those who do an act considered to constitute an infringement on
copyright or neighboring rights under the provisions of Article 113, paragraph (5);
(ii) any person who, for profit-making purposes, causes others to use automatic
reproducing machines mentioned in Article 30, paragraph (1), item (j) for such
reproduction of works or performances, etc. as constitutes an infringement on
copyright. right of publication or neighboring rights.
55
Article 120. Any person who violates the provision of Article 60 or Article 1Olter shall
be punishable by a fine not exceeding five million yen.
Article 120bis. The following shall be punishable by imprisonment for a term not
exceeding three year or a fine not exceeding three million Yen, or both:
(j) any person who transfers to the public the ownership of, or lends to the public,
manufactures, imports or possesses for transfer of ownership 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 of parts of a device as can be easily assembled) or copies of a program having a
principal function for circumvention of technological protection measures, or
transmits publicly or makes transmittable such program;
(li) any person who, as a business, circumvents technological protection
measures in response to a request from the public;
(iii) any person who, for profit-making purposes, does an act considered to
constitute an infringement on moral rights of authors, copyright, moral rights of
performers or neighboring rights under the provisions of Article 113, paragraph (3);
(iv) any person who, for profit-making purposes, does an act considered to
constitute an infringement on copyright or neighboring rights under the provisions of
Article 113, paragraph (5).
Article 121. Any person who distributes copies of works on which the true name or
generally known pseudonym of a non-author is indicated as the name of the author
(including copies of derivative works on which the true name or generally known
pseudonym of a non-author of the original work is indicated as the name of the
original author) shall be punishable by imprisonment for a term not exceeding one year
or a fine not exceeding one million Yen, or both:
Article 121bis. Any person who makes, distributes or possesses for distribution copies
of commercial phonograms reproduced from any of the following commercial
phonograms (including copies of such 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, or both: provided
that such making, distribution or possession of copies is made within a period of fifty
years from the year following the date of the first fixation of sounds on matrices of
56
phonograms:
(j) commercial phonograrns which have been manufactured, by those engaging in the
business of manufacturing commercial phonograms in this country, from matrices of
phonograms (except those phonograms falling within any of the four items of Article 8)
offered by producers of phonograms;
(ii) commercial phonograms which have been manufactured, by those engaging in the
business of manufacturing commercial phonograms outside this country, from
matrices of phonograms (except those phonograms falling within any of the four items
of Article 8) offered by producers of phonograms who are nationals of any of the
Contracting States of the Convention for the Protection of Performers, etc., the
members of the World Trade Organization or the Contracting States of the
Phonograms Convention ("nationals" includes legal persons established under the law
of such State or member and those who have their principal offices in such State or
member).
Article 122. Any person who violates the provisrons of Article 48 or Article 102,
paragraph (2) shall be punishable by a fine not exceeding five hundred thousand Yen.
Article 122bis. Any person who violates an order to keep secrets shall be punishable
by imprisonment for a term not exceeding three years or a fine not exceeding three
million Yen.
Article 123. (1) In the case of offences under Article 119, Article 120bis, items (iii) and
(iv), Article 121bis, the prosecution shall take place only upon the complaint of the
injured person.
(2) A publisher of an anonymous or a pseudonymous work may lodge a complaint with
respect to such work published by him, except in the cases where the proviso to
Article 118, paragraph (1) is applicable and where the complaint is contrary to the
express will of the author.
Article 124. (1) Where a representative of a legal person (including an administrator of
a non-juridical association or foundation) or an agent. an employee or any other
worker of a legal person or a person violates the provisions mentioned in any of the
following items in connection with the business of such legal person or such person, a
fine under any of these items shall be imposed upon such legal person, and a fine
57
under any of the Articles mentioned in item (ii) shall be imposed upon such person, in
addition to the punishment of the offender:
(j) Article 119, item (j) (except parts of the provisions relating to moral rights of the
author or the performer): a fine not exceeding a hundred and fifty million yen;
(ii) Article 122bis : a fine not exceeding a hundred million yen;
(iii) Article 119, item (j) (only parts of the provisions relating to moral rights of the
author or the performer) or (ii), or Article Article 120 to Article 122: a fine under any of
these Articles.
(2) In the case where the provision of the 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 of the Code of Criminal Procedure which are applicable when a legal person
is the accused or the suspect shall apply mutatis mutandis.
(3) In the case of paragraph (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 legal person or a person or
the withdrawal of such complaint shall be effective also with respect to the offender
concerned.
Supplementary Provisions
(Date of enforcement)
Article 1. This Law shall come into force on January 1, 1971.
(Transitory measures: the scope of application)
Article 2. (1) The provisions relating to copyright of the revised Copyright Law
(hereinafter referred to as "the new Law") shall not apply to works in which copyright
under the Copyright Law before amendment (hereinafter referred to as "the old Law")
have all expired at the time of coming into force of this Law.
(2) With respect to works in which copyright under the old Law have partly expired at
the time of coming into force of this Law, the provisions in the new Law concerned
with the expired parts shall not apply.
(3) Notwithstanding the provisions of Articles 7 and 8 of the new Law, the provisions
relating to neighboring rights of the new Law (including the provisions of Article 95,
Article 95ter, paragraphs (3) and (4), Article 97 and Article 97ter, paragraphs (3) to
58
(5) ; the same shall apply in Article 15, paragraph (1) of the Supplementary Provisions)
shall apply to performances which took place before the enforcement of this Law
(excluding those falling within any of the items of Article 7 of the new Law) or to
phonograms composed of the sounds which were first fixed before the enforcement of
this Law (excluding those falling within any of the items of Article 8 of the new Law),
being performances or phonograms in which copyright under the old Law subsists at
the time of coming into force of this Law.
(Transitory measures: translations, etc. made by the State, etc.)
Article 3. With respect to works which fall within Article 13, item (iv) of the new Law
and on which the right of publication under the old Law is established at the time of
the enforcement of this Law, the provision of that item shall not apply only within the
duration of that right.
(Transitory measures: the author of a work made under the name of a legal person,
etc.)
Article 4. The provisions of Articles 15 and 16 of the new Law shall not apply to works
created before the enforcement of this Law.
(Transitory measures: lending of books, etc.)
Article 4bis. Deleted.
(Transitory measures: the ownership of copyright in cinematographic works, etc.)
Article 5. (1) The provisions of the old Law shall still apply to the ownership of
copyright in cinematographic works, mentioned in Article 29 of the new Law, which
were created before the enforcement of this Law.
(2) The provisions of the new Law shall not prejudice the effect of the provisions of
Article 24 or 25 of the old Law on the ownership of copyright in photographic works
included in other works before the enforcement of this Law and on the ownership of
copyright in portrait photographs created on commission before the enforcement of
this Law.
(Transitory measures: automatic reproducing machines)
Article 5bis. For the application of the provisions of Article 30, paragraph (1), item CO
and Article 119, item (il) of the new Law, the words"automatic reproducing machines"
59
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 of copyright in an artistic work permanently placed in such an
open place as mentioned in Article 45, paragraph (2) of the new Law at the time of the
enforcement of this Law, shall be considered to have authorized the exhibition of that
work by placing its original in an open place.
(Transitory measures: term of protection)
Article 7. The provisions of the old Law shall still apply to the duration of copyright in
works made public before the enforcement of this Law, provided that the duration
under the old Law is longer than that provided in the provisions of Section 4 of
Chapter II of the new Law.
(Transitory measures: duration of the right of translation)
Article 8. The provisions of Articles 7 and 9 of the old Law shall still be effective with
respect to works published before the enforcement of this Law.
(Transitory measures: disposal of copyright)
Article 9. The transfer and other disposal, made before the enforcement of this Law,
of copyright under the old Law shall be considered made under the new Law, except
those falling within the provision of Article 15, paragraph (1) of the Supplementary
Provisions.
(Transitory measures: joint works)
Article 10. (1) The provisions of Article 13, paragraphs (1) and (3) of the old Law shall
still be effective with respect to works created before the enforcement of this Law by
two or more persons in which the contribution of each person can be separately
exploited.
(2) For the application of the provisions of Article 51, paragraph (2) and Article 52,
paragraph (1) of the new Law, works mentioned in the preceding paragraph shall be
considered to constitute joint works.
(Transitory measures: exploitation of works under compulsory license)
60
Article 11. (1) The provision of Article 69 of the new Law shall not apply to the making
of sound recordings of musical works incorporated in commercial phonograms which
were put on sale in this country before the enforcement of this Law.
(2) The person who would be entitled to exploit works in accordance with the
provision of Article 22quinquies, paragraph (2) or Article 27, paragraph (1) or (2) of the
old Law shall be entitled to continue to exploit these works in accordance with such
provision.
(3) The amount of compensation fixed by the Commissioner of the Agency for Cultural
Affairs in accordance with the provision of Article 22quinquies, paragraph (2) or
Article 27, paragraph (2) ofthe old Law shall be considered as that fixed in accordance
with the provision of Article 68, paragraph (1) or Article 67, paragraph (1) of the new
Law, and the provisions of Articles 72 and 73 of the new Law shall apply.
(4) In the preceding paragraph, where the parties concerned who are dissatisfied with
the amount of compensation learn of the issuance of a license before the
enforcement of this Law, a period mentioned in Article 72, paragraph (1) of the new
Law shall be calculated from the date of enforcement of this Law.
(Transitory measures: registrations)
Article 12. (1) The disposal of and procedures for registrations of copyright, of the
true name or of the date of first publication mentioned in Article 15 of the old Law,
made before the enforcement of this Law, shall be considered as those mentioned in
Articles 75 to 77 of the new Law, except those falling within the provision of Article 15,
paragraph (3) of the Supplementary Provisions.
(2) The provision of Article 35, paragraph (5) of the old Law shall still be effective with
respect to works, the date of first publication of which, at the time of the enforcement
of this Law, is registered in accordance with the provision of Article 15, paragraph (3)
of the old Law.
(Transitory measures: right of publication)
Article 13. (1) The right of publication under the old Law which was established before
the enforcement of this Law and which subsists at the time of enforcement of this
Law shall be considered to be established under the new Law.
(2) The disposal of and procedures for registrations of the right of publication
mentioned in Article 28decies of the old Law, made before the enforcement of this
Law, shall be considered as those mentioned in Article 88 of the new Law.
(3) Notwithstanding the provisions of Articles 80 to 85 of the new Law, the provisions
61
of Articles 28ter to 280cties of the old Law shall still be effective with respect to the
right of publication mentioned in paragraph (1) of this Article.
Article 14. Deleted.
(Transitory measures: neighboring rights)
Article 15. (1) The transfer and other disposal, made before the enforcement of this
Law, of copyright under the old Law in performances which took place before the
enforcement of this Law or in phonograms composed of the sounds which were first
fixed before the enforcement of this Law, being performances or phonograms to which
the provisions relating to neighboring rights of the new Law shall apply as from the
date of enforcement of this Law, shall be considered as the transfer and other
disposal of neighboring rights in such performances or phonograms under the new
Law.
(2) Where the duration of neighboring rights in performances or phonograms,
mentioned in the preceding paragraph, in which copyright under the old Law subsists
at the time of coming into force of this Law is to expire after the end of a period
provided in Article 101 of the new Law, the duration of neighboring rights in such
performances or phonograms shall, notwithstanding the provisions of that Article,
expire at the end of the duration of copyright in such performances or phonograms or
under the old Law or at the end of a period of fifty vears following the date of
enforcement of this Law if the duration of copyright in such performances or
phonograms under the old Law is to expire after the end of that period.
(3) The disposal of and procedures for registrations of copyright in performances or
phonograms, mentioned in paragraph (1) of this Article, made before the enforcement
of this Law in accordance with the provision of Article 15, paragraph (1) of the old Law,
shall be considered made in accordance with the provision of Article 104 of the new
Law.
(4) The provisions of Article 10, paragraph (1) and Article 12, paragraph (2) of the
Supplementary Provisions shall apply mutatis mutandis to performances and
phonograms mentioned in paragraph (1) of this Article.
(Transitory measures: distribution. etc. of copies)
Article 16. Copies of works, performances or phonograms which were made before the
62
enforcement of this Law and which would be lawful under the provisions of Subsection
5 of Section 3 of Chapter II of this Law (including the case where their application
mutatis mutandis is provided for under Article 102, paragraph (1) of the new Law) may
be used or distributed to the extent of the purpose of the reproduction as mentioned
in these provisions. In this case, the provision of Article 113, paragraph (1), item (ii) of
the new Law shall not apply.
(Transitory measures: infringements)
Article 17. Notwithstanding the provisions of Article 14 and Chapter VII of the new
Law, the provisions of Articles 12, 28undecies, 29, 33 and 34, Article 35, paragraphs
(1) to (4), and Articles 36 and 36bis of the old Law shall still apply to acts, made before
the enforcement of this Law, which violate the provision of Article 18, paragraph (1) or
(2) of the old Law or which fall within the infringements provided for in Chapter III of
the old Law (including acts infringing the right of publication).
(Transitory measures: penal provisions)
Article 18. The penal provisions of the old Law shall still apply to acts made before the
enforcement of this Law.
Supplementary Provisions
(Law No.49, of 1978)
(Date of enforcement)
1. This Law shall come into force as from the day on which the Convention for the
Protection of Producers of Phonograms Against Unauthorized Duplication of Their
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 of the amended Copyright Law shall
not apply to the phonograms, mentioned in Article 8, item (iii) of the amended
Copyright Law, which are composed of the sounds first fixed before the enforcement
of this Law.
Supplementary Provisions (Extract)
(Law No.45, of 1981)
63
(Date of enforcement)
1. This Law shall come into force on the date of its promulgation. [This Law came into
force on May 19, 1981.]
Supplementary Provisions (Extract)
(Law No.78, of 1983)
(Date of enforcement)
1. This Law (except Article 1) shall come into force on July 1, 1984.
Supplementary Provisions (Extract)
(Law No.23, of 1984)
(Date of enforcement)
1. This Law shall come into force twenty days after the date of its promulgation. [This
Law came into force on May 21, 1984.]
Supplementary Provisions
(Law No.46, of 1984)
(Date of enforcement)
1. This Law shall come into force on January 1, 1985.
(Repeal of the Interim Measure Law)
2. The Law to Take an Interim Measure for the Protection of the Rights of Authors,
etc. with Respect to the Lending of Commercial Phonograms to the Public (Law No.76,
of 1983; hereinafter referred to as "the Interim Measure Law") shall be hereby
repealed.
(Transitory measures required by the repeal of the Interim Measure Law)
3. Notwithstanding the provisions of Articles 26bis, 95bis and 97bis of the amended
Copyright Law, those who have obtained authorization with respect to the lending to
64
the public of commercial phonograms in accordance with the provisions of the Interim
Measure Law before the enforcement of this 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 of that
authorization.
4. The provisions of the Interim Measure Law (including a Cabinet Order under it) shall
still be effective with respect to acts made before the enforcement of this Law in
violation of the provision of Article 4, paragraph (1) of the Interim Measure Law.
Supplementary Provisions (Extract)
(Law No.62, of 1985)
(Date of enforcement)
1. This Law shall come into force on January 1, 1986. However, the provision for
amendment to insert Article 76bis next to Article 76 and the amended provision of
Article 78, paragraph (1) as well as the provision of paragraph 6 of the Supplementary
Provisions shall come into force on the date of enforcement of the law mentioned in
Article 78bis of the amended Copyright Law [on April 1, 1987].
(Transitory measures: works made by an employee in the course of his duties)
2. The provisions of Article 15 of the amended Copyright Law shall still apply to works
created after the enforcement of this Law, and the provision of Article 15 of the
Copyright Law before amendment shall still apply to works created before the
enforcement of this Law.
(Transitory measures: registration of the date of creation)
3. The provision of the proviso to Article 76bis, paragraph (1) shall not apply to the
registration made under the provision of the same paragraph of program works
created within six months before the date of enforcement of the law referred to in
Article 78bis of the amended Copyright Law, until the lapse of three months from that
date of enforcement.
(Transitory measures: use of copies of program works)
4. The provision of Article 113, paragraph (2) of the amended Copyright Law shall not
65
apply to copies of a program work which were made before the enforcement of this
Law and which would be lawful and could be preserved under the provisions of Article
47bis of the amended Copyright Law.
(Transitory measures: penal provisions)
5. The penal provisions of the Copyright Law before amendment shall still apply to
acts made before the enforcement of this Law.
Supplementary Provisions
(Law No.64, of 1986)
(Date of enforcement)
1. This Law shall come into force on January 1, 1987.
(Transitory measures: ownership of copyright in cinematographic works made for wire
diffusion purposes)
2. The provisions of Article 29 of the Copyright Law before amendment shall still apply
to the ownership of copyright in cinematographic works, mentioned in Article 29,
paragraph (3) of the amended Copyright Law. which were created before the
enforcement of this Law.
(Transitory measures: neighboring rights of wire diffusion organizations and
performers)
3. The provisions of the amended Copyright Law relating to neighboring rights of wire
diffusion organizations and performers (including the provisions of Article 95 and
Article 95ter, paragraphs (3) and (4» shall not apply to wire diffusions which took
place before the enforcement of this Law nor to performances transmitted through
such wire diffusions (excluding such performances as fall within items (j) to (iii) of
Article 7 of the Copyright Law).
(Transitory measures: penal provisions)
4. The penal provisions of the Copyright Law before amendment shall still apply to
acts made before the enforcement of this Law.
66
Supplementary Provisions
(Law No.87, of 1988)
(Date of enforcement)
1. This Law shall come into force twenty days after the date of its promulgation. [This
Law came into force on November 21, 1988.]
(Transitory measures)
2. The provision of Article 121, item (ij) of the amended Copyright Law shall not apply
to the following acts made after the enforcement of this Law:
(j) the making or the distribution of copies of commercial phonograms reproduced
from commercial phonograms which have been manufactured, by those engaging in
the business of manufacturing commercial phonograms in this country, from matrices
of phonograms (except those phonograms falling within any of the three items of
Article 8) offered by producers of phonograms (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 of the first fixation of sounds on the matrices (in the next item,
referred to as "a prohibition period before amendment") have passed before the
enforcement of this Law;
(ij) the distribution of copies, 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 of this Law.
Supplementary Provisions
(Law No.43, of 1989)
(Date of enforcement)
1. This Law shall come into force as from the day on which the International
Convention for the Protection of Performers, Producers of Phonograms and
Broadcasting Organizations becomes effective with respect to Japan. [This Law came
into force on October 26, 1989.]
67
- - - ---------- -------------------------------------------------------
(Transitory measures: performances. etc. to which Japan has the obligation to grant
protection under a treaty)
2. The provisions relating to neighboring rights (including the provisions of Articles 95
and 97) of the amended Copyright Law (hereinafter referred to as "the new Law")
shall not apply to the following:
(j) performances, mentioned in Article 7, item (v) of the new Law, which took place
before the enforcement of this Law;
(ii) phonograms, mentioned in Article 8, item (iii) of the new Law, which are composed
of the sounds first fixed before the enforcement of this Law (excluding those
phonograms as referred to in the next paragraph);
(iii) broadcasts, mentioned in Article 9, item (iii) of the new Law, which took place
before the enforcement of this Law.
3. The Copyright Law before amendment shall still apply to phonograms, mentioned in
Article 8, item (iii) of the new Law, which are composed of the sounds first fixed
before the enforcement of this Law and to which Japan has the obligation to grant
protection under the Convention for the Protection of Producers of Phonograms
Against Unauthorized Duplication of Their Phonograms.
(Transitory measures: foreign performers who did not have habitual residence in this
country)
4. The provisions relating to neighboring rights (including the provisions of Article 95
and Article 95ter, paragraphs (3) and (4) ) of the new Law shall not apply to foreign
performers whose performances took place before the enforcement of this 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 of the Copyright Law and in which copyright
under the old Copyright Law (Law No.39, of 1899) subsists at the time of coming into
force of the Copyright Law.
Supplementary Provisions
(Law No.63, of 1991)
(Date of enforcement)
1. This Law shall come into force on January 1, 1992.
68
(Transitory measures)
2. The amended provisions of Article 95ter shall not apply to performances, mentioned
in Article 7, item (v), which took place before the enforcement of the Law for Partial
Amendments to the Copyright Law (Law No. 43, of 1989; in the next paragraph, item
Oi) referred to as "the Amendments Law of 1989").
3. The amended provrsrons of Article 97ter shall not apply to the following
phonograms:
co phonograms (excluding those mentioned in Article 8, item CO or OJ)) to which Japan has the obligation to grant protection under the Convention for the Protection of
Producers of Phonograms Against Unauthorized Duplication of Their Phonograms On
the next item and paragraph 5, item (iii) of the Supplementary Provisions, referred to
as "the Phonograms Convention") and which are composed of the sounds first fixed
before the enforcement of the Law for Partial Amendments to the Copyright Law
(Law No. 49, of 1978);
Oi) phonograms, mentioned in Article 8, item (iii) (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 of the Amendments Law
of 1989.
4. The provision before amendment of Article 95ter, paragraph (2) shall still apply to
the starting date of calculating a period for commercial phonograms going beyond the
period, mentioned in Article 95ter, paragraph (2), with respect to the right of
performers and producers of phonograms to offer to the public, by means of lending,
their commercial phonograms first sold before the enforcement of this Law, provided
that such commercial phonograms are those in which performances mentioned in
Article 7, items CO to (lv) or phonograms mentioned in Article 8, item CO or Oi) are
incorporated.
5. The amended provisions of Article 121bis shall not apply to any of the following acts
made after the enforcement of this Law:
CO the making, the distribution or the possession for distribution, of copies of
commercial phonograms reproduced from commercial phonograms (including copies of
such commercial phonograms and those made through one or more intervening
69
~~~~~~~~~~~~~~--_._----_._--_ .. _._----_ ... -
copies) which have been manufactured, by those engaging In the business of
manufacturing commercial phonograms in this country, from matrices of phonograms
(except those phonograms falling within any of the four items of Article 8) offered by
producers of phonogams (in the next item, referred to as "commercial phonograms
manufactured from matrices coming from certain foreign countries") and in relation to
which twenty years from the year following the date of the first fixation of sounds on
the matrices (in the next item, referred to as "a prohibition period of twenty years")
have passed before the enforcement of the 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 of commercial phonograms
which are reproduced, within a prohibition period of twenty years, from commercial
phonograms manufactured from matrices coming from certain foreign countries and in
relation to which a prohibition period of twenty years have passed before the
enforcement of the Amendments Law of 1988;
(iii) the making, the distribution or the possession for distribution, of copies of
commercial phonograms reproduced from commercial phonograms (including copies of
such commercial phonograms and those made through one or more intervening
copies) which have been manufactured, by those engaging in the business of
manufacturing commercial phonograms outside the jurisdiction of the Copyright Law,
from matrices of phonograms (except those phonograms falling within any of the four
items of Article 8) offered by producers of phonograms who are nationals of any of the
Contracting States of the International Convention for the Protection of Performers,
Producers of Phonograms and Broadcasting Organizations or of the Phonograms
Convention ("nationals" includes legal persons established under the law of such
State and those who have their principal offices in such State) and in relation to which
twenty years from the year following the date of the first fixation of sounds on the
matrices have passed before the enforcement of the Amendments Law of 1988.
6. The penal provisions before amendment shall apply to acts made before the
enforcement of this Law.
Supplementary Provisions
(Law No.106, of 1992)
70
(Date of enforcement)
1. This Law shall come into force on the date fixed by Cabinet Order within six months
from the date of its promulgation. [This Law came into force on June 1, 1993.]
However, the provision amending the Table of Contents, 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 104quinquies and Article 104octies, paragraphs (1) and (3) )
and the provision amending Article 17 of the Supplementary Provisions shall come
into force on the date of promulgation of this Law [on December 16, 1992J.
(Transitory measures)
2. The provisions of the 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 hereinafter)
before the date of enforcement of this Law (hereinafter referred to as "the date of
enforcement") by means of a specified recording machine purchased before the date
of enforcement.
3. When private recording is made on a specified recording medium purchased after
the date of enforcement by means of a specified recording machine purchased before
the date of enforcement, compensation for private recording shall be considered to
have been paid with respect to such recording machine in accordance with the
provision of Article 104quater, paragraph (1) of the amended Copyright Law. The same
shall apply to a specified recording medium. purchased before the date of
enforcement. on which private recording is made by means of a specified recording
machine purchased after the date of enforcement.
Supplementary Provisions (Extract)
(Law No.89, of 1993)
(Date of enforcement)
Article 1. This Law shall come into force as from the date of enforcement of the
Administrative Procedures Law (Law No.88. of 1993). [This Law came into force on
October 1. 1994.]
71
Supplementary Provisions
(Law No.112, of 1994)
(Date of enforcement)
1. This Law shall come into force on the date fixed by Cabinet Order within one year
from the day following the day on which the Marrakesh Agreement Establishing the
World Trade Organization becomes effective with respect to Japan. [This Law came
into force on January 1, 1996.]
(Application of the provisions relating to neighboring rights)
2. The provisions of paragraph 3 of the Supplementary Provisions of the Law for
Partial Amendments to the Copyright Law (Law No.64, of 1986), paragraph 2 of the
Supplementary Provisions of the 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 of the Supplementary Provisions of the Law for Partial Amendments to
the Copyright Law (Law No.63, of 1991; in paragraph 4 of the Supplementary
Provisions of this Law referred to as "the Amendments Law of 1991") shall not apply,
in case of the application of the provisions relating to neighboring rights (including the
provisions of Article 95ter, paragraphs (3) and (4)) of the Copyright Law amended by
the provisions of Article 1 of this Law (hereinafter referred to as "the new Law") to
the performances mentioned in Article 7, item (iv) of the new Law (excluding those
falling within the performances mentioned in Article 7, items (i) to (iii)) which fall within
the following performances, or to the performances mentioned in Article 7, item (v) of
the new Law which fall within the following performances:
(i) performances which took place in a member of the World Trade Organization;
(ii) performances fixed in the following phonograms: (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
of the World Trade Organization;
(iii) performances transmitted through the following broadcasts, excluding those
72
---------------------_._-_.__ _-_._---_._.-
incorporated in sound or visual recordings before the transmission with the
authorization of the performers concerned: (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.
3. The provisions of paragraph 4 of the Supplementary Provisions of the Amendments
Law of 1989 shall not apply, in case of the application of the provisions relating to
neighboring rights of the new Law (including the provisions of Article 95ter,
paragraphs (3) and (4)) to foreign performers whose performances are mentioned in
the preceding paragraph, items (j) 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 of paragraph 2 of the Supplementary Provisions of the Law for
Partial Amendments to the Copyright Law (Law No.49, of 1978), paragraphs 2 and 3 of
the Supplementary Provisions of the Amendments Law of 1989, and paragraph 3 of
the Supplementary Provisions ofthe Amendments Law of 1991 shall not apply, in case
of the application of the provisions relating to neighboring rights of the new Law
(including the provisions of Article 97ter, paragraphs (3) to (5)) to the following
phonograms:
(j) phonograms, mentioned in Article 8, item (iii) of the new Law, which fall within the
following phonograms: (a) phonograms the producers of which are nationals of any of
the members of the World Trade Organization;
(b) phonograms composed of the sound which were first fixed in any of the members
of the World Trade Organization;
(ii) phonograms, mentioned in Article 8, item (iv) of the new Law, to which Japan has
the obligation to grant protection under the Convention for the Protection of
Producers of Phonograms Against Unauthorized Duplication of Their Phonograms (in
paragraph 6 of the Supplementary Provisions of this Law, referred to as "the
Phonograms Convention").
5. The Provisions of paragraph 2 of the Supplementary Provisions of the Amendments
Law of 1989 shall not apply, in case of the application of the provisions relating to
neighboring rights of the new Law to the broadcasts, mentioned in the Article 9, item
73
(iii) of the new Law, which fall within the following broadcasts:
(j) broadcasts transmitted by broadcasting organizations who are nationals of any of
the members of the World Trade Organization;
(ii) broadcasts transmitted from transmitters situated in any of the members of the
World Trade Organization.
(Transitory measures: the making, etc. of copies of commercial phonograms
manufactured from matrices coming from foreign countries)
6. The provisions of the Article 121bis of the new Law shall not apply to the making,
the distribution or the possession for distribution, act made after the enforcement of
this Law, of copies of commercial phonograms reproduced from commercial
phonograms (including copies of such commercial phonograms and those made
through one or more intervening copies) which have been manufactured, by those
engaging in the business of manufacturing commercial phonograms outside the
jurisdiction of the Copyright Law, from matrices of phonograms (except those
phonograms falling within any of the five items of Article 8 of the new Law) offered by
producers of phonograms who are nationals of any of the members of the World Trade
Organization (except nationals of any of the Contraction States of the International
Convention for the Protection of Performers, Producers of Phonograms and
Broadcasting Organizations or of the Phonograms Convention ("nationals" includes
legal persons established under the law of such State and those who have their
principal offices in such State» and in relation to which twenty years from the year
following the date of the first fixation of sounds on the matrices have passed before
the enforcement of the Law for Partial Amendments to the Copyright Law (Law No.87,
of 1988).
Supplementary Provisions (Extract)
(Law No.91, of 1995)
(Date of enforcement)
Article 1. This Law shall come into force twenty days after the date of its
promulgation. [This Law came into force on June 1, 1995.]
Supplementary Provisions
(Law No.117, of 1996)
74
~---~-----------------------
(Date of enforcement)
1. This Law shall come into force on the date fixed by Cabinet Order within three
months from the date of its promulgation. [This Law came into force on March 25,
1997.]
(Transitory measures: term of protection for photographic works)
2. The provisions relating to the term of protection for works of the amended
Copyright Law (in next paragraph, referred to as "the new Law") shall apply to
photographic works in which copyright under the Copyright Law before amendment
subsists at the time of coming into force of this Law, and the provisions relating to the
term of protection for works of the copyright Law before amendment shall still apply
to photographic works in which copyright under the Copyright Law before amendment
has expired at the time of coming into force of this Law.
3. Where the duration of copyright, in photographic works created before the
enforcement of this Law, under the provisions relating to the term of protection for
works of the Copyright Law before amendment (hereinafter referred to as "the old
Law") is to expire after the end of the duration of copyright under the new Law, the
duration of copyright in such photographic words shall, notwithstanding the provisions
of the new Law, expire at the end of the duration of copyright under the old Law.
Supplementary Provisions
(Law No.86, of 1997)
(Date of enforcement)
1. This Law shall come into force on January 1, 1998.
(Transitory measures: works. etc. in a state that the interactive transmission thereof
can be made)
2. The provision of Article 23, paragraphl l), Article 92bis, paragraphf l) or Article 96bis
of the revised Copyright Law (hereinafter referred to as "the new Law") shall not
apply to the making transmittable, by means of an interactive transmission server
mentioned in Article 2, paragraphl l), item (ixquinquies) of the new Law, of such works,
performances (only those mentioned in Article 92, paragraphtz), item (ij) of the
Copyright Law before amendment (hereinafter referred to as "the old Law"); the same
75
shall apply hereinafter in this paragraph) or phonograms as have been in a state that
the interactive transmission thereof can be made at the time of coming into force of
this Law, by a person who has made transmittable such works, performances or
phonograms through such interactive transmission or, if such a person is different
from a person who, by means of such interactive transmission server for such making
transmittable of such works, performances or phonograms, has put such works,
performances or phonograms in a state that the interactive transmission thereof can
be made at the time of coming into force of this Law. by the latter.
3. The provision of Article 92, paragrapht l) of the old Law shall still be effective. even
after the enforcement of this Law, with respect to performances (other than those
mentioned in Article 92, paragraphtz), item (ll) which have been in a state that the
interactive transmission thereof can be made at the time of coming into force of this
Law.
(Transitory measures: penal provisions)
4. The penal provisions of the old Law shall still apply to acts made before the
enforcement of this Law.
Supplementary Provisions (Extract)
(Law No.101, of 1998)
(Date of enforcement)
Article 1. This Law shall come into force on April 1, 1999.
Supplementary Provisions (Extract)
(Law No.77, of 1999)
(Date of enforcement)
1. This Law shall come into force on January 1, 2000. However, the amended
provisions inserting the new items (xx) and (xxi) next to item (xix) of Article 2,
paragraph (1), the amended provisions of Article 30, paragraph (1), the amended
provisions of Article 113, the amended provisions of Article 119, the amended
76
provrsions inserting the new Article 120bis next to Article 120. the amended
provisions of Article 123, paragraph (1), the amended provisions of Article 5bis of the
Supplementary Provisions [Law No.49, of 1970] and the provisions of paragraph 5 of
the Supplementary Provisions [Law No.77, of 1999] shall come into force on October
1. 1999.
(Transitory measures)
2. The provisions of Article 26bis. paragraph (1), Article 95bis, paragraph (1) and
Article 97bis, paragraph (1) of the amended Copyright Law shall not apply in the case
of the transfer of ownership of such originals or copies of works, of such sound or
visual recordings of performances or of such copies of phonograms as subsisting at
the time of enforcement of this Law (only those made without prejudice to the right of
persons who have the right mentioned in Article 21, Article 91, paragraph (1) or Article
96 of the Copyright Law and excluding copies of works made by the owners of the
right of publication).
3. The provision of Article 26bis, paragraph (1) of the amended Copyright Law shall not
apply to such distribution of copies of works. on which the right of publication is
established. as made within the duration of such right by persons who have such right
which was established before the enforcement of this Law and which subsists at the
time of enforcement of this Law.
4. The Provisions of the Copyright Law before amendment shall still apply to such
distribution of copies of works, made within the duration of the right of publication. as
made by persons who had such right after the termination of such 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 of enforcement of this
Law, "Article 95ter, paragraph (3)" and"Article 97ter. paragraph (3)" in Article 113.
paragraph (4) of the amended Copyright Law shall read"Article 95bis, paragraph (3)"
and"Article 97bis, paragraph (3)". respectively.
6. In the case where the date of enforcement of the Law for the Readjustment. etc. of
Related Laws Required in Consequence of the Enforcement of the Law for the
Disclosure of Information Possessed by Government Organizations (Law No.43, of
1999; hereinafter referred to as "the Readjustment Law" is preceded by the date of
77
enforcement of this Law, "Article 42, Article 42bis" and "Article 42 or 42bis" in
Article 47ter of the amended Copyright Law shall read"Article 42" and"or Article
42", respectively, for a period until the day before the date of enforcement of the
Readjustment Law.
7. The penal provisions of the Copyright Law before amendment shall still apply to
acts done before the enforcement of this Law and to acts done after the enforcement
of this Law in the case where the provisions of the Copyright Law before amendment
shall still apply in accordance with the provisions of paragraph 4 of the Supplementary
Provisions [Law No.77, of 1999]
Supplementary Provisions (Extract)
(Law NoA3, of 1999)
(Date of enforcement)
Article 1. This Law shall come into force as from the date of enforcement of the Law
for the Disclosure of Information Possessed by Government Organizations (Law NoA2,
of 1999; hereinafter referred to as "the Information Disclosure Law").
(Transitory measures required by partial amendments to the Copyright Law)
Article 2. The Provisions of Article 18, paragraph (3) of the Copyright Law amended by
the provisions of Article 11 shall not apply to works which have not yet been made
public (including works which have been made public without consent of the authors)
and which the authors have offered, before the enforcement of this Law, to
government organizations or local public entities mentioned in the provisions of
Article 2, paragraph (1) of the 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:
0), (ii): [Omitted]
78
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 of the following items:
(j) to (iii) [omitted]
Supplementary Provisions
(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.
(Transitory measures: award of an amount of damages)
2. The provisions of Article 114quater of the Copyright Law amended by the
provisions of Article 1 shall not apply to such cases as those in which, prior to the
enforcement of this 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 of the 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 of the copyright Law before amendment shall still apply to acts
done before the enforcement of this Law.
Supplementary Provisions
(Law No.72, of 2002)
(Date of enforcement)
79
1. The provisions of this Law shall come into force as from the day mentioned in any
of the following items, as follows:
(j) the amended provisions of Articles 7, 8, 95, 95ter, 97 and 97ter as well as the
provisions of paragraphs 2 to 4, 6, 7 and 9 of the 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 of the Table of Contents (only parts of the provision
renumbering Article 100quater as Article 100quinquies) and of Article 89, paragraph
(4), the provision inserting the new Article 99bis next to Article 99, the provisions
renumbering Article 100quater as Article 100quinquies and inserting the new Article
1OOquater next to Article lOOter and the amended provisions of Article 103: January 1,
2003;
(iii) the provisions other than those mentioned in the preceding two paragraphs: the
day on which the WPPT becomes effective with respect to Japan or January 1, 2003
whichever earlier.
(Application of the provisions relating to neighboring rights)
2. The provisions of paragraph 3 of the Supplementary Provisions of the Law for
Partial Amendments to the Copyright Law (Law No.64, of 1986), paragraph 2 of the
Supplementary Provisions of the 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 of the Supplementary Provisions of the Law for Partial Amendments to
the Copyright Law (Law No.63, of 1991; hereinafter referred to as "the Amendments
Law of 1991") shall not apply, in case of the application of the provisions relating to.
neighboring rights (including the provisions of Article 95 and Article 95ter, paragraphs
(3) and (4» of the amended Copyright Law (hereinafter referred to as "the New Law")
to the performances mentioned in Article 7, item (iv) of the new Law (excluding those
falling within the performances mentioned in Article 7, items (j) to (iii) which fall within
the following performances, or to the performances mentioned in Article 7, item (v) of
the new Law which fall within the following performances:
(j) performances which took place in a Contracting Party to the WPPT;
(ii) performances fixed in the following phonograms: (a) phonograms the producers
of which are nationals of any of the 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
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hereinafter);
(b) phonograms composed of the sounds which were first fixed in any of the
Contracting Parties to the WPPT.
3. The provisions of paragraph 4 of the Supplementary Provisions of the Amendments
Law of 1989 shall not apply, in case of the application of the provisions relating to
neighboring rights of the new Law (including the provisions of Article 95 and Article
95ter, paragraphs (3) and (4)) to foreign performers whose performances are
mentioned in the preceding paragraph, items (j) and (ij) and who did not have habitual
residence in this country at the time when their performances took place.
4. The provisions of paragraph 2 of the Supplementary Provisions of the Law for
Partial Amendments to the Copyright Law (Law No.49, of 1978), paragraphs 2 and 3 of
the Supplementary Provisions of the Amendments Law of 1989, and paragraph 3 of
the Supplementary Provisions of the Amendments Law of 1991 shall not apply, in case
of the application of the provisions relating to neighboring rights of the new Law
(including the provisions of Article 97 and Article 97ter, paragraphs (3) to (5)) to the
following phonograms:
(j) phonograms, mentioned in Article 8, item (ij) of the new Law, which fall within the
following phonograms: (a) phonograms the producers of which are nationals of any of
the Contracting Parties to the WPPT;
(b) phonograms composed of the sounds which were first fixed in any of the
Contracting Parties to the WPPT;
(ij) phonograms, mentioned in Article 8, item (iv) of the new Law, to which Japan has
the obligation to grant protection under the Convention for the Protection of
Producers of Phonograms Against Unauthorized Duplication of Their Phonograms.
(Transitory measures: moral rights of performers)
5. The provisions of Article 90bis, paragraph (1) and Article 90ter, paragraph (1) of the
new Law shall not apply to performances fixed in sound or visual recordings which
have been made with the authorization of the performer concerned before the
enforcement of this Law, except in the case where, after the enforcement of this Law,
the name of the performer concerned indicated at his performances is deleted or
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altered, or the name of the performer concerned is newly indicated at his
performances, or his performances are altered.
(Transitory measures: secondary use of commercial phonograms)
6. Notwithstanding the provisions of Article 95, paragraph (2) of the new Law, the
provisions of paragraph (4) of that Article shall apply, in case of the application of the
provisions of paragraph (1) of that Article to performers whose performances have
been fixed in phonograms the producers of which are nationals of a country which is a
Contracting State of the International Convention for the Protection of Performers,
Producers of Phonograms 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 of
Performers, etc. became effective with respect to Japan.
7. Notwithstanding the provisions of Article 95, paragraph (2) of the new Law which
shall apply mutatis mutandis in the provisions of Article 97, paragraph (2) of the new
Law, the provisions of Article 95, paragraph (4) of the new Law which shall apply
mutatis mutadis in the provisions of Article 97, paragraph (2) of the new Law shall
apply, in case of the application of the provisions of Article 97, paragraph (1) of the
new Law to producers of phonograms who are nationals of a country which is a
Contracting State of the Convention for the Protection of Performers, etc. and which
is a Contracting Party to the WPPT and whose phonograms have been composed of
the sounds first fixed before the day on which the Convention for the Protection of
Performers, etc. became effective with respect to Japan.
(Transitory measures: term of protection for phonograms)
8. The provisions of Article 101, paragraph (2), item OJ) shall apply to phonograms in
which neighboring rights under the Copyright Law before amendment subsist at the
time of coming into force of this Law, and the provisions relating to the term of
protection for phonograms of the Copyright Law before amendment shall still apply to
phonograms in which neighboring rights under the Copyright Law before amendment
have expired at the time of coming into force of this Law.
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(Partial amendments to the Law on Management Business of Copyright and
Neighboring Rights)
9. The Law on Management Business of Copyright and Neighboring Rights (Law
No.131, of 2000) shall be partially amended as follows: In Article 25, item (j), the words
"Article 95, paragraph (4)" shall be replaced by the words"Article 95, paragraph (5)".
Supplementary Provisions
(Law No.85, of 2003)
(Date of enforcement)
Article 1. This Law shall come into force on January 1, 2004.
(Transitory measures: term of protection for cinematographic works)
Article 2. The provision of Article 54, paragraph (1) of the amended Copyright Law (in
next Article referred to as "the new Law") shall apply to cinematographic works in
which copyright under the Copyright Law before amendment subsists at the time of
coming into force of this Law, and the provisions relating to the term of protection for
cinematographic works of the Copyright Law before amendment shall still apply to
cinematographic works in which copyright under the Copyright Law before
amendment has expired at the time of coming into force of this Law.
Article 3. In the case of cinematographic works which were created before the
enforcement of the Copyright Law and to which the provisions of the old Copyright
Law (Law No.39, of 1899) shall still apply in accordance with the provision of Article 7
of the Supplementary Provisions of the Copyright Law, if the duration of copyright in
such cinematographic works under the provisions of the old Copyright Law is to expire
after the end of the duration of copyright under the provisions of Article 54, paragraph
(1) of the new Law, the duration of copyright in such cinematographic works shall,
notwithstanding the provision of the new Law, expire at the end of the duration of
copyright under the old Copyright Law.
(Transitory measures: penal provisions)
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7
Article 4. The penal provisions of the Copyright Law before amendment shall still apply
to acts done before the enforcement of this Law.
(Law No.92, of 2004)
(Date of enforcement)
Article 1. This Law shall come into force on January 1, 2005.
(Transitory measures: importation. etc. of commercial phonograms)
Article 2. The provisions of Article 113, paragraph (5) of the amended Copyright Law
shall not apply to such phonograms for foreign distribution mentioned in that
paragraph, as having been imported before the enforcement of this Law and are
possessed for distribution at the time of coming into force of this Law.
Article 3. In case of the application of the provisions of Article 113, paragraph (5) of
the amended Copyright Law to such phonograms for domestic distribution, mentioned
in that paragraph, as having been published at the time of enforcement of this Law,
"the first publication of such phonograms in this country" in the proviso to that
paragraph shall read "the date of enforcement of the Law for Partial Amendments to
the Copyright Law (Law No. 92, of 2004) if such phonograms for domestic distribution
have been published at the time of such enforcement", and "which go beyond" in that
proviso shall read"after they have gone beyond".
Article 4. The provision of Article 4bis of the Supplementary Provisions of the
Copyright Law before amendment shall be effective, after the enforcement of this Law,
with respect to the lending of books or magazines (excluding those consisting mainly
of music) which have been possessed for lending to the public at the first day of the
month after next to the month of promulgation of this Law.
(Partial amendments to the Law for Partial Amendments to the Courts Law. etc.)
Article 5. (Ornitted.)
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