Copyright Act (Act No. 84 of May 6, 1970, as amended up to Act No. 56 of May 8, 2000), Japan, WIPO Lex

Main text(s)

English Copyright Act (Act No. 84 of May 6, 1970, as amended up to Act No. 56 of May 8, 2000)

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February,2001

(CRIC)

Translated by

Yukifusa OYAMA

et al.

(CRIC)

Tokyo Opera City Tower

3-20-2 Nishi-Shinjuku,

Shinjuku-ku Tokyo, 163-1411 JAPAN

Contents

Page

Outline of the Copyright Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii

1. Copyright Law··········································································· 2

1 - 2 . Old Copyright Law (Extract) ······················· ······················ 190

2 . Law concerning the Exceptional Provisions to the Copyright Law required in consequence of the Enforcement of the Universal Copyright Convention ······························································ ···· 194

3. Law concerning Exceptional Provisions for Copyrights Owned by the Allied Powers and the Allied Nationals ···································· 204

4. Law on Exceptional Provisions for the Registration of Program Works········································································_·················· 210

5 . Law on Intermediary Business concerning Copyrights ······· ··········· 232

Outline of the Copyright Law

1 . Works

"Work" means a production in which thoughts or sentiments are ex

pressed in a creative way and which falls within the literary, scientific,

artistic or musical domain (Art .2 (l) (i) ) . 0 Classification of works (Atr. lO ( 1 )) :

Literaty, musical, artistic, figurative, cinematographic, photographic,

program and data base works, etc.

2. Authors "Author" means a person who creates a work (Art .2 (l) (ii) ) .

0 Authorship of a work made by an employee in the course of his duties (Art . 15) .

3 . Rights of Authors 0 Moral rights and copyright (Art . 17 (1)). 0 Non-formality (Art . l7 (2)) :

The enjoyment of moral rights and copyright shall not be subject to

any formality.

Rights of authors

{ Right of making the work public (Art . 18) . Right of · determining the indication of the

Moral nghts , author's name (Art . l9)

Right of preserving the integrity (Art .20)

Right of reproduction (Art .21)

Right of performance (Art .22)

Right of presentation (Art .22bis)

Right of public transmission, etc. (Art .23)

Right of recitation (Art .24)

Right of exhibition (Art .25)

Right of distribution (Art .26)

Right of transfer of ownership (Art .26bis)

Right of lending (Art .26ter)

Rights of translation, adaptation, etc. (Art .27)

Right of the original author in the exploita tion of a derivative work (Art .28)

'----------- Rights to compensation for private record

ing, etc. (Art .30 (2) , Art .33 (2), Art .38 (5), etc)

-ii-

4 . Limitations on Copyright

0 Reproduction for private use (Art .30) ; reproduction in libraries, etc. (Art .31) ; quotations (Art .32) ; broadcasting, etc. in school educa

tion programs (Art .34) ; reproduction in schools and other educational

institutions (Art:35) ; reproduction in examination questions (Art .36) ;

reproduction in braille, etc. (Art .37) ; interactive transmission for the

aurally handicapped (Art .37bis) ; performance, etc. not for profit

making (Art .38) ; repr9duction, etc. of articles on current topics

(Art .39) ; exploitation of political speeches, etc. (Art .40) ; ephemeral re

cordings by broadcasting organizations, etc. (Art .44) ; etc.

5 . Term of Protection

0 The duration of copyright shall begin with the creation of the work; copyright shall continue to subsist , in principle, until the end of a pe

riod of fifty years fallowing the death of the author (Art .51) .

0 Copyright in anonymous and pseudonymous works, works "Q�aring the name of a corporate body, and cinematographic works shall continue

to subsist until the end of a period of fifty year following the making

public of the work (Art .52 ""'Art.54).

6 . Registration

0 Registration fo the- true name (Art .75) ; registration of the date of the first publication, etc. (Art .76) ; registration of the date of creation

(Art .16bis) ; registration of copyright (Art .77) .

0 Procedures for registration (Art .78) ; exceptional provision for the registration of program works (Art .78bis) .

7 . Right of Publication

8 . Neighbor:lng Rights

0 Rights of performers, producers of phonograms, broadcastiog organi zations and wire diffusion organizations (Art .89,....,Art . lOOquater) .

0 Term of protection: fifty years (Art .lOl) .

-iv-

Rights of performers

Rights of producers of phonogrms

Rights of broadcasting organization

Neighboring rights

Right of making sound or visual recordings (Art .91) Rights of broadcasting and wire diffusion (Art .92) Right of making transmittable (Art.92bis) Right of transfer of ownership (Art.95bis) Right of lending (Art .95ter)

Right to compensation for private recording(Art .102) Right to secondary use fees of commercial phonograms (Art .95) Right to remuneration for lending commercial phonograms (Art.95ter)

Neighboring rights

Right of reproduction (Art . 96) Right of making transmittable (Art .96bis) Right of transfer of ownership (Art.97 bis) Right of lending (Art .97ter)

Right to compensation for private recording (_Art . 102) Right to secondary use fees of commercial phonograms (Art .97) Right to remuneration for lending commercial phonograms (Art.97ter){Right of reproduction (Art . 98) _Neighboring Rights of rebroadcasting and

rights wire diffusion (Art .99) Right of communication of television broadcasts (Art . 100)

Right of reproduction (Art . 100 bis)

Rights of wire diffusion Neighboring Rights of broadcasting and wire rediffusion (Art . 100ter)organization rights·

- vi -

Right of communication of wire television diffusions (Art . 100 quater)

9 . Measures against Infringement on Copyright, etc.

0 Civil measures : Right of demanding cessation (Art .112) ; measures for recovery of

honor, etc. (Art . 115) ; compensation for damages ; .recovery of the undue

profit ; etc.

0 Criminal measures : Any person who infringes rights is punishable by imprisonment for a

term not exceeding three years or a fine not exceeding three million Yen

(Art .119) .

Any person who does such acts as manufacture, distribution, etc. of a

device, etc, for the circumvention of technological protection measures is

punishable by imprisonment for a term not exceeding one year or a fine

not exceeding one million Yen (Art .120bis) .

A legal person who infringes rights is punishable by a fine not exceed

ing a hundred million Yen (Art . 124) .

0 Acts considered to be infringements (Art . 113) : The importation into this country, for distribution, of objects made by

an act which would constitute an infringement on moral rights, copy

right , right of publication or neighboring rights if they were made in this

country at the time of such importation.

The distribution or the possession for distribution of objects made by

an act infringing moral rights, copyright , right of publication or neigh

boring rights by a person who is aware of such infringement .

The intentional alteration, etc. of rights management information.

[Ref.] International Conventions (Status as of July 2000) 0 Berne Convention for the Protection of Literary and Artistic Works

(1886, Berne) · · · · · · WIPO :

146 countries (U.S.A. , U.K. , France, Germany, China, Japan, etc.)

0 Universal Copyright Convention (1952, Geneva) · · · · · · UNESCO : 97 countries (U.S. A. , Russia, U.K. , France, Germany, Japan, etc.)

0 Covention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms (197 1 , Geneva)

WIPO, UNESCO :

63 countries (U.S.A . , U.K. , France, Germany, Japan, etc .)

-viii-

0 International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (1961 , Rome) · · · · · ·

WIPO, UNESCO, ILO :

67 countries (U. K. , France, Germany, Japan, e�c.)

0 Agreement on Trade-Related Aspects of Intellectual Property Rights (1994, Marrakesh) · · · · · · Marrakesh Agreement Establishing the World

Trade Organization (WTO) :

137 countries (U.S.A. , U.K. , France, Germany, Japan, etc.)

0 WIPO Copyright Treaty (WCT) (1996, Geneva) · · · · · · WIPO : 19 countries (U.S.A. , Japan, etc.) , (This Treaty has not yet entered

into force.)

0 WIPO Performances and Phonograms Treaty (WPPT) (1996, Geneva) · · · · · · WIPO :

16 countries (U.S.A. , etc.) , (Japan has not yet become party to this

Treaty; this Treaty has not yet entered into force.)

- x -

1. COPYRIGHT LAW. i .

(Law No.48, promulgated on May 6, 1970)

(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,

Table of Contents:

Law No.46 , of May 25, 19f34: , 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. 106, of December 16, 1992,

Law No .89 , of November 12, 1993,

Law No.l12, 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,. and

Law No. 101 , of June 12, 1998

Law No.43, of May 14, 1999

Law No.77, of June 23, 1999 "! - '

Law No. 160, of December 22, 1999

Law No.220, of December 22, 1999 � ' ·'

Law No.56 , of May 8, 2000.)

Chapter I General provisions. Section 1 General rules (Articles 1 to 5) .

Section 2 Scope of application (Articles 6 to 9 bis) .

Chapter II Rights of authors. Section 1 Works (Articles 10 to 13) .

Section 2 Authors (Articles 14 to 16) .

Section 3 Contents of rights .

Subsection 1 · General rules (Article 17) .

- 2 -

Subsection 2 Moral rights (Articles 18 to 20) .

Subsection 3 Rights comprised in copyright (Articles 21 to 28) .

Subsection 4 Ownership of copyright in cinematographic works

(Article 29) .

Subsection 5 Limitations on copyright (Articles 30 to 50) .

Section 4 Term of protection (Articles 51 to 58) .

Section 5 Inalienability of moral rights, etc. (Articles 59 and 60) .

Section 6 Transfer and expiry of copyright (Articles 61 and 62) .

Section 7 Exercise of rights (Articles 63 to 66) .

Section 8 Exploitation of works under compulsory license (Articles

67 to 70) .

Section 9 Compensation (Articles 71 to 74) .

Section 10 Registration (Articles 75 to 78bis) .

Chapter ill Right of publication (Articles 79 to 88) . Chapter N Neighboring rights.

Section 1 General rules (Articles 89 and 90) .

Section 2 Rights of performers (Articles 91 to 95ter) .

Section 3 Rights of producers of phonograms (Articles 96 to 97ter) .

Section 4 Rights of broadcasting organizations (Articles 98 to 100) .

Section 5 Rights of wire diffusion organizations (Articles lOObis to

lOOquater) .

Section 6 Term of protection (Article 101) .

Section 7 Limitations, transfer, exercise and registration of the rights

(Articles 102 to 104) .

Chapter V Compensation for private recording (Articles 104bis to 100 undecies) .

Chapter VI Settlement of disputes (Articles 105 to 111) . Chapter VH Infringements (Articles 112 to 118) . Chapter vm Penal provisions (Articles 119 to 124) . Supplementary provisions.

- 4 -

(Purpose)

Chapter I General Provisions

Section 1 General Rules

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 ex

ploitation of these cultural products, and thereby to contribute to the develop

ment of culture.

(Definitions)

Article 2.- ( 1 ) In this Law, the following terms shall have the meanmg hereby assigned to them respectively :

(i) " work" means a production in which thoughts or ·sentiments are ex

pressed in a creative way and which falls within the literary, scientific, ar

tistic or musical domain;

(ii) " 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 ;

Civ) " 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 ori 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 phonogrmas made for

commercial purposes ;

(viibis) "public transmission" means the transmission of radio commu

nication ·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

- 6 -

occupied by two or more persons, both parts of which are located within the

area therein occupied by one person;

(viii) " broadcasting" means the public transmission of radio communi

cation intended for simultaneous reception by the public of the transmis

sion having the same contents;

(ix) " broadcasting organizations " means those who engage in the broad

casting 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 transm�ssion made automatically in response to a request from the public, excluding the

public transmission falling within the term " broadcasting" or " wire diffu-

sion" ;

(ixquinquies) "making transmittable " means the putting in such a state

that the interactive transmission can be made by either of the fallowing

acts :

(a) to record information on a public transmission memory of an in

teractive 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 trans

mission 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 informa

tion as a public transmission memory of such an interactive transmission

server, to convert such a memory r�cording 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 . I

this case, where a connection is made through a series of acts such as

- 8 -

wiring, starting of an interactive transmission server or putting into op

eration of programs for transmission' or reception, the last occuring one

of these acts shall be considered to constitute the connection.

(x) "makers of cinematographic works " means those who take the initia

tive in, and the responsibility for, the making of a cinematographic work;

(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 or transforming, or dramatizing, cinematizing, or otherwise

adapting a pre-existing work;

(xii) " j oint work" means a workcreated 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 nieans

of printing, photography, polygraphy, sound or visual recording or other

wise ; and

(a) in the case of dramas and other similar dramatic works, it in

cludes sound and visual recording of the actings, broadcasts or wire dif

fusions 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 mu

sical 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" ;

- 10 -

(xix) " distribution" means the transfer of ownership and lending of. cop

ies 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 pur

pose 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 or copyright

mentioned in Article 17, paragraph (1) or neighboring rights mentioned in

Article 89, paragraph (6) (hereinafter in this item referred to as " copy

right , etc.") ( " deter" means to deter such acts as constitute infringements

on copyright , etc. by causing considerable obstruction to the results of such

acts ; the same shall apply in Article 30, paragraph (1) , item (ii) ) by elec

tronic or magnetic means or by other means not perceivable by human per

ception (in the next item referred to as " electro-magnetic means " ) , ex

cluding 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 the

next item referred to as "works, etc. " ) ( " exploitation" includes acts which

would constitute infringements on moral rights if done without the consent

of the author) , 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 re

ferred 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 electro

magnetic means together with works, performances, phonograms, or

sounds or images of broadcasts or wire diffusions, excluding such informa

tion 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;

- 12 -

(xxii) " this country " means the jurisdiction within which this Law is ef

fective. . (2) As used in this Law, " artistic work " includes a work of artistic crafts

manship.

(3) As used in this Law, " cinematographic work " includes a work expressed

by a process producing visual or audio-visual effects analogous to those of

cinematography and fixed in some material form.

(4) As used in this Law, " photographic work" includes a work expressed by

a process analogous to photography.

(5) As used in this Law, " the public" includes a large number of specific per

sons.

(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 failing

within the term "public transmission" or "presentation" and the communica

tion by means of telecommunication installations of performances or recita

tions of works, not failing within the term " public transmission " .

(8) In this Law, " lending" includes any kind of similar acts of making ac

quire 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 (viibis) , (viii) , Cixbis) , (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, para

graph ( 1 ) ; . the same shall apply hereinafter in· this and the next Chapters , ex

cept that Article) 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

- 14 -

of the work (without prejudice to the right of a person who has the right men

tioned in Article 26 , 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 con

sidered to be a person who has such right or a person who obtained the

authorization from such person, and the provisions of these paragraphs shall

apply with respect to these 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 ex

hibition. In the case of architectural works, a work also has been " made pub

lic" 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 who has the rights mentioned in Article 23 , paragraph

(1) or with the authorization of such person, in such a state that it can be made transmittable.

(3) A work shall be considered as having been " made public" when its trans

lation 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 penorm

ance, presentation, public transmission or recitation, or when such transla

tion has been made transmittable by a person who has the same rights as

those mentioned in Article 23, paragraph (1) in accordance with the· provision of Article 28 or with the authorization of such person.

-16 -

(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 in that paragraph.

(5) A person who would have the right mentioned in paragraphs ( 1 ) to (3) of

this Article if his work were protected under this Law or a person who ob

tained the authorization to exploit the work from such person shall be consid

ered to be a person who has such right or a person who obtained the

authorization from such person, and the provisions of these paragraphs shall

apply with respect to these. persons.

(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 C' Japanese nationals " includes legal persons established under the Japanese law and those who have their prin

cipal offices in this countuy; the same shall apply hereinafter) ;

(ii) works first published in this country, including those first published

outside the jurisdiction of this Law and published in this country within

thirty days of that first publication;

· (iii) works. not failing within those mentioned in the preceding two

items, to which Japan has the obligation to grant protection under an inter

national treaty.

(Performances)

Article 7.- The fallowing shall be granted protection under this Law:

(i) performances which take place in this country ;

(ii) performances fixed in the phonograms mentioned in item (i) or (ii)

of the next Article;

- 1s�

(iii) performances transmitted through the broadcasts mentioned in

Article 9, item (i) or (ii) , excluding those incorporated in sound or visual

recordings before the transmission with the authorization of the perform

ers concerned;

Civ) performances transmitted through the wire diffusions mentioned in

each item of Aritcle 9bis, excluding those incorporated in sound or visual

recordings before the transmissoion with the authorization of the perform

ers concerned;

(v) any of the fallowing performances not falling within those men

tioned 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.") ;

(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 re

cordings before the transmission with the authorization of the perform

ers conerned;

(vi) any of the fallowing performances not falling within those men

tioned in the preceding five items: (a) performances which take place in a member of the World Trade

Organizations;

(b) performances fixed in the phonograms mentioned in item Civ) of

the next Article;

Article 9 , item Civ) , excluding those incorporated in sound or visual re

cordings before the transmission with the authorization of the perform

ers conerned;

(Phonograms)

Article 8. - The following shall be granted protection under this Law:

(i) phonograms the producers of which are Japanese nationals;

(ii) phonograms composed of the sounds which were first fixed in this

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country;

(iii) any of the following phonograms not failing within those men

tioned 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. ; (iv) any of the following phonograms not failing within those mentioned

in the preceding three 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 hall apply hereinafter) ;

(b) phonograms composed of the sounds which were first fixed in any

of the members of the World Trade Organization;

(v) phonograms not failing within those mentioned in the preceding four

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 Cin Article 12lbis, itemCii)

referred to as " the Phonograms Convention" ) .

(Broadcasts)

Article 9. - The following shall be granted protection under this Law:

(i) broadcasts transmitted by broadcasting organizations of Japanese

nationality;

Cii) broadcasts transmitted from transmitters situated in this countuy ;

(iii) any of the following broadcasts not failing within those mentioned

in the preceding two items :

(a) broadcasts transmitted by broadcasting organizations who are na

tionals of any of the Contracting States of the Convention for the

Protection of Performers, etc . ;

-22 -

(b) broadcasts transmitted from transmitters situated in any of the

Contracting States of the Convention for the Protection of Performers,

etc. ;

Civ) any of the following broadcasts not falling within those mentioned

in the preceding three items:

(a) broadcasts transmitted by broadcasting organizations who are na

tionals of any of the members of the World Trade Organization;

(b) broadcasts transmitted from transmitters situated in any of the

members of the World Trade Organization.

(Wire diffusions)

Article 9bis-The following shall be granted protection under this Law:

(i) wire diffusions transmitted by wire diffusion organizations of

Japanese nationality (excluding those made upon receiving broadcasts; the

same shall apply in the next item) ;

(ii) wire diffusions transmitted from wire transmitters situated in this

cmmtry.

Chapter li Rights of Authors

Section I Works

(Classification of works)

Article 10. -(1) As used in this Law, " works " shall include, in particular, the following: ·

(i) novels, dramas, articles, lectures and other literary works;

(ii) musical works;

(iii) choreographic works and pantomimes;

(iv) paintings, engravings, sculptures and other artistic works;·

(v) architectural works;

(vi) maps as well as figurative works of a scientific nature such as

plans, charts, and models ;

(vii) cinematographic works;

(viii) photographic works;

Cix) program works.

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(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

(j) 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 algo rithm used for making such works. In this case, the fallowing terms shall

have the meaning hereby assigned to them respectively:

(i) "programming language" means letters and other symbols as well as

their systmns for use as means of expressing a program;

(ii) "rule" means a special rule on how to use in a particular program a

programming language mentioned in the preceding item;

(iii) "algorithm" means methods of combining, in a program, instruc

tions given to a computer.

(Derivative works)

Article 11.- The protection granted by this Law to derivative works shall not prejudice the rights of authors of pre-existing works.

(Compilation)

Article 12. -(1) Compilations (not falling within the term "databases"; the same shall apply hereinafter) which, by reason of the selection or arrange

ment 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 databases defined in that paragraph.

(Database works)

Article 12bis. -(1) Databases which, by reason of the selection or system atic 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:

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(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 or independent administra

tive organs ( " independent administrative organs�' means those men

tioned 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) ;

(iii) judgments; decisions, orders and decrees of law courts, as well as

rulings and decisions made by administrative organs in proceedings simi

lar to judicial ones ;

(iv) translations and compilations, of those materials mentioned in the

preceding three items, made by organs of the State or local public entities

or independent administrative organs.

Section 2 Authors

(Presumption of authorship)

Article 14. - A person, whose name or appellation (hereinafter referred to

as " true name") , or whose generally known pen name, abbreviation or other

substitute for his true name (hereinafter referred to as " pseudonym") is indi

cated as the name of the author in the customary manner on the original of

his work or when his work is offered to or made available to the public, shall

be presumed to be the author of that work.

(Authorship of a work made by an employee in the course of his duties)

Article 15 . -(1) The authorship of a work (except a program work) which,

on the initiative of a legal person or other employer (hereinafter in this

Article referred to as " legal person, etc. " ) , is made by his employee in the

course of his duties and is made public under the name of such legal person,

etc. as the author shall be attributed to that legal person, etc. , unless other

wise 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 at

tributed to that legal person, etc. , unless otherwise stipulated in a contract ,

work regulation or the like in force at the time of the the making of the work.

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(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 or 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 Rights

Subsection 1 General Rules

(Rights of authors)

Article 17. - ( 1 ) The author shall enjoy the rights mentioned in paragraph

( 1 ) of the next Article, Article 19, paragraph ( 1 ) and Article 20, paragraph (1)

(hereinafter referred to as"moral rights ") as well as the rights mentioned in

Articles 21 to 28 (hereinafter referred to as "copyright " ) .

(2) The enjoyment of moral rights and copyright shall not be subject to any

formality.

Subsection 2 Moral Rights

(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 (includ

ing 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 fallowing acts :

(i) where copyright in his work which has not yet been made public has

beE:m transferred: the offering to and the making available to the public of

the work by exercising the copyright therein;

(ii) where the ownership of 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 ;

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(iii) where the ownership of copyright in his cinematographic work be

longs to the maker in accordane with the provision of Article 29 : the offer

ing to and the making available to the public of the work by exercising the

(3) In the following cases , the author shall be considered to have consented

to the following acts:

(i) where his work which has not yet been made public has been offered

to government organizations ( " government organizations " means those

provided in Article 2, paragraph (1) of the Law for the Disclosure of

Information Possessed by Government Organizations (Law No.42, of 1999 ;

hereinafter referred to as " the Information Disclosure Law " ) ) , (except in

the case where any declaration of the intention of the author to the contrary

by the time when the disclosure has been decided in accordance with the pro

visions of Article 9, paragraph (1) of the 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

Information Disclosure Law;

(ii) where his work which has not yet been made public has been offered

to local public entities (except in the case where any declaration of the in

tention of the author to the contrary by the time when the disclosure has

been decided) : the offering to and the making available to the public of the

work by an organ of a local public entity concerned in accordance with the

provisions of the Information Disclosure Regulations ( " the Information

Disclosure Regulations " means the regulations of a local public entity con

cerned which provide for the right of residents, etc. to request the disclosure

of information possessed by such entity; the same shall apply hereinafter) .

(4) The provisions of paragraph (1) shall not apply in any of the following

cases :

(i) where a work, which has not yet been made public and in which infor mation mentioned in Article 5, item (i) (b) or (c) or the proviso to Article

5, item (ii) of the 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 Information Disclosure Law;

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(ii) where a work which has not yet been made public (and in which in

formation equivalent to that mentioned in Article 5, item (i) (b) or the pro

viso to Article 5, item (ii) of the Information Disclosure Law is recorded)

is offered to or made available to the public by an organ of a local public

entity in accordance with the provisions of the Information Disclosure

Regulations (which have provisions equivalent to Article 13, paragraphs

(2) and (3) of the Information Disclosure Law; the same shall apply in item

(iv) ) ;

(iii) where a work which has not yet been made public (and in which in

formation equivalent to that mentioned in Article 5, item (i) (c) of the

Information Disclosure Law is recorded) is offered to or made available to

the public by an organ of a local public entity in accordance with the provi

sions of the Information Disclosure Regulations;

Civ) 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 in accor

dance with such provisions of the Information Disclosure Reguiations as

equivalent to those of Article 7 of the 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 using 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 no risk of damage to the int.erests 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 :

(i) where the name of the author is indicated in the same manner as that

already adopted by the author when his work is offered to or made

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available to the public by the head of a government organization or by an

organ of a local public entity in accordance with the provisions of the

Information Disclosure Law or the Information Disclosure Regulations;

(ii) where the name of the author is to be omitted when his work is of

fered to or made available to the public by the head of a government organi

zation or by an organ of a local public entity in accordance with the

provisions of Article 6, paragraph (2) of the Information Disclosure Law

or the provisions equivalent thereto 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 modifica

tion against his will.

(2) The provision of the preceding paragraph shall not apply to the follow

ing modifications :

(i) change of ideographs or words or other modifications deemed un

avoidable for the purpose of school education in the case of the exploitation

of works under the provisions of Article 3 , paragraph (1) (including the case

where its application mutatis mutandis is provided for under the provision

of paragraph (4) of the same Article) and Article 34, paragraph (1 ) ;

(ii) modification of an architectural work by means of extension, re

building, repairing, or remodeling;

(iii) modification which is necessary for enabling to use on a particular

computer a program work which is otherwise unusable on that computer,

or to make more effective the use of a program work on a computer;

(iv) other modifications riot failing within those mentioned in the pre

ceding three items, which are deemed unavoidable in the light of the nature

of a work as well as the purpose and the manner of exploitation.

Subsection 3 Rights Comprised in Copyright

(Right of reproduction)

Article 21. -The author shall have the exclusive right to reproduce his

work.

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(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.)

Articie 23. - ( 1 ) The author shall have the exclusive right to transmit his

work publicly (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 which has been transmitted pub

licly.

(Right of recitation)

Article 24. - The author of a literary work shall have the exclusive right to

recite his work publicly.

(Right of exhibition)

Article 25. - The author of an artistic work or of an unpublished photo

graphic work shall have the exclusive right to exhibit publicly the original of

his work.

(Right of" distribution)

Article 26. - (1 ) The author of a cinematographic work shall have the exclu

sive right to distribute copies of his work.

(2) The author of a work reproduced in a cinematographic work shall have

the exclusive right to distribute copies of his work.

(Right 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

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work (excluding copies of a cinematographic work in the case of a work re

produced in the cinematographic work; the same shall apply hereinafter in

this Article) .

(2) The provision of the preceding paragraph shall not apply in the case of

the transfer of ownership of such original or copies of a work as falling

within any of the following items:

(i) the original or copies of a work the ownership of which has been

transferred to the public by a person who has the right mentioned in the

preceding paragraph or with the authorization of such person;

(ii) copies of a work the ownership of which has been transferred to the

public under the authority of a compulsory license under the provisions of

Article 67 , paragraph ( 1 ) or Article 69 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.86, 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 the jurisdiction of this Law, without prejudice to the

right equivalent to that mentioned in the preceding paragraph or by a per

son 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.)

Article 27. - The author shall have the exclusive right to translate, arrange

musically or transform, or dramatize, cinematize, or otherwise adapt his

work.

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(Rights 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 provi

sions 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, pro

vided that the authors of the work have undertaken to participate in the mak

ing 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 follow

ing rights comprised in the copyright therein shall belong to that organiza

tion as the maker of cinematographic works :

(i) rights to broadcast that work, and to diffuse by wire and com municate publicly by means of a receiving apparatus the work thus broad

cast ; ·

(ii) rights to broadcast that work, and to distribute its copies thus re

produced among other broadcasting organizations.

(3) In the case of a cinematographic work, which is made by a wire diffu sion organization alone for use exclusively for wire diffusion purposes and to

which the provision of Article 15, paragraph ( 1 ) is not applicable, the follow

ing rights comprised in the copyright therein shall belong to that organiza

tion as the maker of cinematographic works :

(i) rights to diffuse by wire that work, and to communicate publicly by

means of a receiving apparatus the work thus diffused by wire;

(ii) rights to reproduce that work, and to distribute its copies thus repro

duced among other wire diffusion organizations.

Subsection 5 Limitations on Copyright

(Reproduction for private use)

Article 30. - ( 1 ) It shall be permissible for a user to reproduce by himself a

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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 fallowing cases :

(i) where such reproduction is made by means of automatic reproducing

machines ( " automatic reproducing machine " means a machine having re

producing functions and in which all or main parts of reproducing devices

are automatic) placed for the use by the public;

(ii) where such reproduction is made by a person who knows that such

reproduction becomes possible by the circumvention of technological pro

tection 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 re

moval or alteration of signals used for such measures; the same shall apply

in Article 120bis, items (i) and Cii)) ( "removal " or " alteration" does not

include such removal or alteration as is conditional upon technology in

volved 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 machin� 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 hav ing 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, hav

ing the purpose, among others, to offer library materials for the use by the

public) in any of the fallowing cases :

(i) where, at the request of a user and for the purpose of his own

- 44 -

investigation or research, he is furnished with a single copy of a part of a

work already made public or of all of an individual work included in a pe

riodical already published for a considerable period of time;

(ii) where the reproduction is necessary for the purpose of preserving li

brary materials ;

(iii) where other libraries, etc. are furnished with a copy of library ma

terials 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 al

ready made public, provided that their making is compatible with fair prac

tice 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 repro

duce 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, pro vided 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)

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 na

ture and the purpose of the work, the ordinary rate of royalty, and other con

ditions.

{3) The Commissioner of the Agency for Cultural Affairs shall announce in

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the Official Gazette the amount of compensation fixed in accordance with the

provision of the preceding paragraph.

(4) The provisions of the preceding three paragraphs shall apply mutatis mutandis with respect to the reproduction of works in textbooks intended for

senior high school correspondence courses and in guidance books of school

textbooks mentioned in paragraph ( 1 ) intended for teachers (these guidance

books shall be limited to those published by the same publisher of the text

books) .

(Boradcasting, 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 pro

grams which conform to the curriculum standards provided for in regulations

on school education, and to reproduce it in teaching materials for these pro

grams, 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 compensa

tion.

(Reproduction in schools and other educational institutions)

Article 35. - A person who is in charge of teaching in a school or other edu

cational institutions established not for profit-making may reproduce a work

already made public if and to the extent deemed necessary for the purpose of

use in the course of teaching, provided that such reproduction does not unrea sonably prejudice the interests of the copyright owner in the light of the na

ture and the purpose of the work as well as the number of copies and the form

of reproduction.

(Reproduction in examination questions) Article 36. - ( 1 ) It shall be permissible to reproduce a work already made

public in questions of an entrance examination or other examinations of

knowledge or skill, or such examination for a license, to the extent deemed

necessary for that purpose.

(2) A person who makes such reproduction for profit-making purposes shall

pay to the copyright. owner compensation the amount of which corresponds to

an ordinary rate of royalty.

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(Reproduction in braille, etc.) Article 37. - ( 1) It shall be permissible to reproduce in braille a work al

ready made public.

(2) It shall be permissible to record on a memory, or to make the public

transmission (excluding the broadcasting or wire diffusion and including the

making transmittable in the case of the interactive transmission) of, a work already made public, by means of a braille processing system using a com

puter.

(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, exclu

sively 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 transn1ission 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 re cite a work already made public, for non-profit-making purposes and without

charging any fees ( " fees " includes any kind of chargeto be imposed on the of fering and the making available of a work to the public; the same shall apply

hereinafter in this Article) to audience or spectators ; provided, however, that the performers or reciters concerned are not paid any remuneratoin 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.

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(3) It shall be permissible to communicate publicly, by means of a receiving

apparatus, a work already broadcast or diffused by wire, for non-profit

making purposes and without charging any fees to audience or spectators.

The same shall apply to such public communication m_ade by means of a re

ceiving 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) 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 alreagy 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 accordande with the provision of Article 28)

with respect to such a cinematographic work or a work reproduced in that

cinematographic work.

(Reproduction, etc. of articles on current topics)

Article 39. - ( 1 ) It shall be permissible to reproduce in the press, broadcast

or diffuse by wire articles published in newspapers or periodicals on current

political, economic or social topics, not having a scientific character, pro

vided that such reproduction, broadcasting or wire diffusion thereof is not ex

pressly prohibited.

(2) It shall also be permissible to communicate publicly, by means of a re

ceiving 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

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�-- .

i- -

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 or diffuse by

wire speeches not falling within the preceding paragraph, which are delivered

in public by organs of the State or local public entities or independent admin

istrative organs, to the exten justified by the informatory purpose.

(3) It shall also be permissible to communicate publicly, by means of a re

ceiving apparatus, speeches thus broadcast or diffused by wire.

(Reporting of current events)

Article 41. - For the purpose of reporting current events by means of pho

tography, 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 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 Information

Disclosure Law or the Information Disclosure Regulations, the head of a gov

ernment organization 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 Information

Disclosure Law (including the provisions of Cabinet Order under this para

graph; the same shall apply in this Article) or by means provided for in the

Information Disclosure Regulations (excluding means other than those men

tioned in Article 14, paragraph (1) of the Information Disclosure Law) .

(Exploitation by means of translation, adaptation, etc.)

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Article 43 . - The exploitation of works permitted under the provisions men

tioned below shall include that made by the following means :

(i) Article 30 , paragraph {1 ) or Articles 33 to 35 : translation, musical ar

rangement , transformation, and adaptation;

(ii) Article 31 , item (i) , Article 32, 36 or 37 , Article 39, paragraph { 1 ) ,

Article 40 , paragraph {2) , or Article 4 1 or 42 : translation.

(iii) Article 37 bis: adaptation (only in summary form) .

(Ephemeral recordings by broadcasting organizations, etc.)

Article 44. - { 1) Broadcasting organizatoins 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 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 re cordings of a work which they are in a position to diffuse by wire, without

prejudice to the right of the author mentioned in Artcle 23, paragraph { 1 ) , for

the purpose of their own wire diffusions (except those made upon receiving

broadcasts) and by 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 pe

riod exceeding six months after their making or, if the recordings are broad

cast or diffused by wire within this period, for a period exceeding six months

after that broadcasting or wire diffusion; provided, however, that such pres

ervation 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 ac

cessible to the public, such as streets and parks, or at places easily seen by the

public, such as the outer walls of buildings.

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(Exploitation of an artistic work 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 faliing within any of the

following items :

(i) 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 sell

ing 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 47 bis. - (1 ) The owner of a copy of a program work may make cop

ies 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 �entioned in that paragraph (includ

ing copies made in accordande with the provision of that paragraph) for rea

sons 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.

(Transfer of ownership of copies made in accordance with the provisions of

-58-

limitations on reproduction right)

Article 47ter. - Works permitted to be reproduced in accordance with the

provisions of Article 31, item (i) , Article 32 , Article 33 , paragraph ( 1 ) (includ ing the case where its application mutatis mutandis is provided for under the

provision of Article 33, paragraph (4)) , Article 34, paragraph ( 1 ) , Article 35,

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 (i) , Article 35, 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 (i) or

Article 35, 41, 42 or 42 bis is transferred to the public for purposes other than

those mentioned in Article 31 , item (i) or Article 35, 41 , 42 or 42bis (excluding

copies of cinematographic works in cases of the provisions of Article 31 , item

(i) or Article 35 or 42) .

(Indication of sources)

Article 48. -(1 ) In any of the following cases, the source must be clearly in

dicated in the manner and to the extent deemed reasonable by the form of re

production or exploitation :

(i) where reproduction is made of works in accordance with the provi

sions of Article 32, Article 33, paragraph ( 1 ) (including the case where its

application mutatis mutandis is provided for under the provision of para

graph (4) of the same Article) , Article 37 , paragraph ( 1 ) or (3), or Article 42

or 47 ;

Cii) where exploitation is made of works in accordance with the provi

sions of Article 34, paragraph { 1 ) , Article 37 bis, Article 39, paragraph ( 1 ) , or Article 40, paragraph ( 1 ) or (2) ;

(iii) where exploitation, other than reproduction, is made of works in ac

cordance with the provisions 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 so requires.

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(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 musi

cally , 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 re

production mentioned in Article 21 :

(i) the distribution of copies of works made in accordance with the pro

visions of Article 30 , paragraph ( 1 ) , Article 31 , item (i) , Article 35 , Article

37 , paragraph (3), or Articles 41 to 42 bis, 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;

(ii) the preservation by broadcasting organizations or wire diffusion or

ganizations , of ephemeral recordings in violation of the provision of

Arricle 44, paragraph (3) ;

(iii) the distribution of copies of works (excluding copies falling within

those mentioned in item (ii) of the next paragraph) made in accordance

with the provision of Article 47 bis, paragraph ( 1 ) , or the making available

to the public of works by the use of these copies ;

Civ) the preservation of copies mentioned in Article 47bis, paragraph (2)

in violation of that paragraph (excluding copies falling within those men

tioned in item (ii) of the next paragraph) .

(2) The following acts shall be considered to constitute the translation, mu

sical arrangement, transformation or adaptation 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 , item ( 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 (i) ,

Article 35 , Article 37 , paragraph (3), or Article 41 or 42 ;

(ii) the distribution of copies of derivative works made in accordance

with the provisions of Article 47bis, paragraph ( 1 ) or the making available

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to the public of derivative works by the use of these copies ;

(iii) the preservation of copies mentioned in the preceding item 1n

vioaltion of the provision of Article 47 bis, paragraph (2) .

(Relationship with moral rights)

Article 50 . - No provisions of this Subsection may be interpreted as affect

ing the protection of the moral rights of the author.

Section 4 Term of Protection

On general)

Article 51 . - ( 1 ) The duration of copyright shall begin with the creation of

the work.

(2) Copyright shall continue to subsist until the end of a period of fifty

years following the death of the author (or following the death of the last sur

viving co-author in the case of a j oint work; the same shall apply in para

graph ( 1 ) of the next Article) , unless otherwise provided in this Section.

(Anonymous and pseudonymous works)

Article 52. - ( 1 ) Copyright in anonymous and pseudonymous works shall

continue to subsist until the end of a period of fifty years following the mak

ing public of the work, provided that copyright subsisting in such work, the

author of which is presumed to have been dead for fifty years, shall be consid

ered expired as of the time when the author is so presumed to have been

dead.

(2) The provision of the preceding paragraph shall not apply in any of the

fallowing cases :

(i) where the pseudonym adopted by the author is generally known as

that of his own;

(ii) where, within the period mentioned in the preceding paragraph, the

author causes his true name to be registered in accordance with the provi

sion of Article 75, paragraph ( 1 ) ;

(iii) where, within the period mentioned in the preceding paragraph, the

author has made public his work on which he indicates his true name br

generally known pseudonym as the name of the author.

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(Works bearing the name of a corporate body)

Article 53. -(1) Copyright in works bearing as the name of the author that of a legal person or other corporate body shall continue to subsist until the

end of a period of fifty years following the making public of the work or the

creation of the work if it has not been made public within a period of fifty

years following its creation.

(2) The provision of the preceding paragraph shall not apply in the case

where , within the period mentioned in the preceding paragraph, a person who

is the author of a work bearing as the name of the author that of a legal per

son or other corporate body, has afterwards made public the work on which

he indicates his true name or generally known pseudonym as the name of the

author.

(3 ) With respect to the duration of copyright in works the authorship of

which is attributed to a legal person or other corporate body in accordance

with the provision of Article 15, paragraph (2) , the provision of paragraph

(1 ) shall apply to such works not falling within those mentioned in paragraph

( 1 ) as if such works bore the name of such corporate body as the author.

(Cinematographic works)

Article 54. - ( 1 ) Copyright in cinematographic works shall continue to sub

sist until the end of a period of fifty years following the making public of the

work or the creation of the work if it has not been made public within a period

of fifty years following its creation.

(2) When copyright in a cinematographic work has expired at the end of

its duration, copyright subsisting in the original works adapted cin

ematographically shall also expire but only with respect to the exploitation

of the cinematographic work.

(3 ) The provisions of the preceding two Articles shall not apply to copy

right in cinematographic works.

Article 55 . - Deleted.

(The time when serial publications, etc. have been made public)

Article 56. - ( 1 ) In Article 52 , paragraph ( 1 ) , Article 53, paragraph ( 1 ) , and

Article 54, paragraph ( 1 ) , the time when works have been made public shall be

determined by the making public of each volume, issue or installment in the

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case of works which are made public in regularly succeeding volumes, issues

or installments, or by the making public of the last part in the case of works

which are made public in parts.

(2) In the case of works which are made public in prats, the last part already

made public shall be conisdered to be the last one mentioned in the preceding

paragraph if the next part is not made public before the expiration of a period

of three years following the making public of the preceding part .

(Calculation of the term of protection)

Article 57. - In Article 51 , paragraph (2) , Article 52 , paragraph ( 1 ) , Article

53 , paragraph ( 1 ) , and Article 54, paragraph ( 1 ) , the term of protection after

the athor's death, the making public of a work or the creation of a work shall

be calculated from the beginning of the year following the year in which such

event occurred.

(Exceptional provisions for the term of protection)

Article 58. - In the case of works not falling within Article 6 , item (i) , if the country of origin thereof is considered to be a foreign country which is a

member of the International Union established by the Berne Convention for

the Protection of Literary and Artistic Works, a contracting party to the

WIPO Copyright Treaty or a member of the World Trade Organization in ac

cordance with the provisions of the Berne Convention, the WIPO Treaty or the

Marrakesh Agreement Establishing the World Trade Organization and if the

duration of copyright therein granted by that country of origin is shorter

than that provided in Articles 51 to 54, the duration of copyright shall be that

granted by that country of origin.

Section 5 Inalienability of Moral Rights, etc.

(Inalienability of moral rights)

Article 59. - Moral rights of the author shall be exclusively personal to him

and inalienable.

(Protection of the moral interests after the author's death)

Article 60. - Even after the death of the author, no person who offers or

makes available a work to the public may commit an act which would be

- 68 -

prejudicial to the moral rights of the author if he were alive; provided, how

ever, that such act is permitted if it is deemed not to be against the will of the

author in the light of the nature and extent of the act as well as a change in

social situation and other conditions.

Section 6 Transfer and Expiry of Copyright

(Transfer of copyright)

Article 61. - ( 1 ) Copyright may be transferred in any of whole or in part .

(2) Where a contract for the trans£er of copyright makes no particular ref-

erence to the rights mentioned in Articles 27 and 28, these rights shall be pre

sumed to be reserved to the transferor.

(Expiry of copyright in the case where no heirs exist, etc.)

Article 62 . - (1 ) Copyright shall expire in any of the following cases :

(i) where, after the author's death, the copyright is to belong to the

National Treasury in accordance with the provision of Article 959 of the

Civil Code (Law No.89, of 1896) ;

(ii) where, after the dissolution of a legal person who is - the owner of

dance with the provision of Article 72 , paragraph (3) of the Civil Code or the

provisions of other similar laws.

(2) The provision of Article 54, paragraph (2) shall apply mutatis mutandis

in the case where copyright in cinematographic works has expired through the

operation of the preceding paragraph.

Section 7 Exercise of Rights

(Authorization to exploit works)

Article 63. - (1 ) The copyright owner may grant another person the authori

zation to exploit the work.

(2) Any person who obtained such authorization shall be entitled to exploit

the work in the manner and to the extent so authorized.

(3) The right of exploitation thus authorized may not be transferred with

out the consent of the copyright owner.

(4) Unless otherwise stipulated in a contract, such authorization to broad cast or diffuse by wire a work shall not imply the authorization to make

- 70 -

sound or visual recordings of the work.

(5) The provision of Article 23 , paragraph ( 1 ) shall not apply to such making

transmittable of a work, by a person who has obtained such authorization

with respect to the making transmittable of the work, as being made repeat

edly or by means of another interactive transmission server in the manner

and to the extent so authorized, provided that such manner and extent are not

concerned with the frequency of the making transmittable of a work or an in

teractive transmission server to be used for the making transmittable of a

work.

(Exercise of moral rights of co-authors)

Article 64 . - ( 1 ) Moral rights of co-authors of a joint work may not be exer

cised without unanimous agreement of all the co-authors.

(2) Each of the co-authors may not , in bad faith, prevent the agreement

mentioned in the preceding paragraph from being reached.

(3) Co-authors may be represented by a person chosen from among them in

the exercise of their moral rights

(4) Limitations on the representation mentioned in the preceding paragraph

shall not be effective against a bona fide third party.

(Exercise of joint copyright)

Article 65 . - { 1 ) Each co-owner of copyright in a joint work or of copyright

in co--ownership (hereinafter in this Article referred to as " j oint copyright " )

shall not be entitled to transfer or pledge his share without the consent of the

other co-owners .

(2) Joint copyright may not be exercised without unanimous agreement of

all the co-owners .

(3) In the preceding two paragraphs, each co-owner may not , without rea

sonable justification, refuse the consent mentioned in paragraph ( 1 ) or prevent

the agreement mentioned in the preceding paragraph from being reached.

(4) The provisions of paragraphs (3) and (4) of the preceding Article shall

apply mutatis mutandis to the exercise of j oint copyright .

(Copyright on which the right of pledge is established)

Article 66. - { 1 ) Unless otherwise stipulated in the contract establishing the

right of pledge, the copyright owner shall be entitled to exercise copyright on

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which the right of pledge has been established.

(2) The right of pledge may be exercised with respect to money or the like

accruing from the transfer of copyright or the exploitation of the work (in

cluding counter-value for the establishment of the right of publication) , pro

vided that payment or delivery is preceded by the seizure of the right to

receive money or the like mentioned above.

Section 8 Exploitation of Works under Compulsory License

(Exploitation of works in the case where the copyright owner thereof is un

known)

Article 67 . - ( 1 ) Where a work has been made public, or where it is clear

that it has been offered to or made available to the public for a considerable

period of time, the work may be exploited under the authority of a compul sory license issued by the Commissioner of the Agency for Cultural Affairs

and upon depositing on behalf of the copyright owner compensation the

amount of which is fixed by the Commissioner as corresponding to an ordi

nary rate of royalty, provided that , after the due diligence, the cpoyright

owner cannot be found for the reason that he is unknown or for other reasons.

(2) Copies of the work reproduced in accordance with the provision of the

preceding paragraph must bear an indication to the effect that the reproduc

tion of these copies has been licensed in accordance with the provision of that

paragraph and give the date when the license was issued.

(Broadcasting of works)

Article 68. - ( 1 ) · A work already made public may be broadcast by a broad

casting organization under the authority of a compulsory license issued by

the Commissioner of the Agency for Cultural Affairs and upon payment to

the copyright owner of compensation the amount of which is fixed by the

Commissioner as corresponding to an ordinary rate of royalty, provided that

such organization requested the authorization to broadcast the work from the

was unable to enter into negotiations with him.

(2) Works thus broadcast may also be diffused by wire or communicated

publicly by means of a receivil).g apparatus upon payment to the copyright

owner of compensation the amount of which corresponds to an ordinary rate

- 74 -

of royalty, except in the case where the provisions of Article 38, paragraphs

(2) and (3) shall be applicable.

(Recording on commercial phonograms)

Article 69 . - When commercial phonograms have been sold for the first time

in this coutry and after the expiration of a period of three years from the date

of such first sale, a person who intends to make a sound recording of a musi

cal work already recorded on such phonograms with the authorization of the

may make such recording or offer such recording to the public by transfer of

ownerchip under the authority of a compulsory license issued by the

Commissioner of the Agency for Cultural Affairs and upon payment to the

Commissioner as corresponding to an ordinary rate of rayalty , provided that

such person requested the authorization from the copyright owner to make a

sound recording of the work or to offer such recording to the public by trans

fer of ownership and failed to reach an agreement or that he was unable to

enter into negotiations with the copyright owner.

(Procedures and standards of compulsory licensing)

Article 70. -(1) Applicants for a license mentioned in Article 67, paragraph ( 1 ) , Article 68, paragraph ( 1 ) or the preceding Article shall pay an 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 provi

sion of that paragraph is the State or such an independent administrative

organ as is designated by Cabinet Order, taking into account contents of its

business or other circumstances (referred to as " the State, etc. " in Article 78,

paragraph (5) and Article 107 , paragraph (2)) .

(3) Upon receipt of an application for a license mentioned in Article 68,

paragraph ( 1 ) or the preceding Article, the Commissioner of the Agency for

Cultural Affairs shall notify the copyright owner concerned thereof in order

to afford him an opportunity to express his opinion within an adequately

specified period of time.

(4) Even upon receipt of an application for a license mentioned in Article 67 ,

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paragraph ( 1 ) , Article 68, paragraph ( 1 ) or the preceding Article, the

Commissioner of the Agency for Cultural Affairs shall not issue such license

if he recognizes :

(i) that it is evident that the author has the inten�ion to halt forever the

publication or other exploitation of his work; or

(ii) that unavoidable circumstances obliged the copyright owner to

refuse to give the authorization to the broadcasting organization applying

for a license mentioned in Article 68, paragraph ( 1 ) .

(5) The Commissioner of the Agency for Cultural Affairs shall, when in

tending to refuse to issue the license, ·give previous notice to the applicant of

the reason for such refusal and afford him an opportunity to explain his posi

tion and furnishing evidence favorable to him. The Commissioner shall, when

refusing to issue such license, notify the applicant of such refusal in writing

accompanied by the reason therefor.

(6) The Commissioner of the Agency for Cultural Affairs shall, upon issu

ing the license mentioned in Article 67 , paragraph ( 1 ) , give public notice

thereof in the Official Gazette and notify the applicant thereof . The

Commissioner shall, upon issuing the license mentioned in Article 68, para

graph ( 1 ) or the preceding Article, notify the parties concerned thereof .

(7) Other than those provided for in the preceding paragraphs, necessary

matters in connection with the licenses mentioned in this Section shall be pro

vided by Cabinet Order.

Section 9 Compensation

(Consultation with the Culture Council)

Article 71. - The Commissioner of the Agency for Cultural Affairs shall ,

when fixing the amount of compensation mentioned in Article 33, paragraph

(2) (including the case where its application mutatis mutandis is provided for

under the provision of paragraph (4) of the same Article) , Article 67 , para graph ( 1 ) , Article 68, paragraph ( 1 ) , and Article 69, consult with the Culture

Council .

(Dissatisfaction with the amount of compensation fixed)

Article 72. - (1) The parties concerned who are dissatisfied with the amount

of compensation fixed in accordande with the provision of Article 67 ,

- 78 -

paragraph ( 1 ) , Article 67 , paragraph ( 1 ) or Article 69 may bring an action for

an increase or decrease therein, within a period of three months from the date

when they learned that a license had been issued under any of these provi-

SlOnS .

(2) In an action under the preceding paragraph, the copyright owner shall be

a defendant in the case where a person who brings the action is the user of the

work, and the user of the work shall be a defendant in the case where a person

who brings the action is the copyright owner.

(Limitations on objections to the amount of compensation fixed)

Article 73 . - In an objection raised under the Administrative Dissatisfaction

Inspection Law (Law No.l60, of 1962) to a license issued in accordance with

the provision of Article 67 , paragraph ( 1 ) , Article 68, paragraph { 1 ) or Arti�le

69, the dissatisfaction with the amount of compensation fixed shall not con stitute a reason for this dissatisfaction with the issuance of the license, except

in the case where a person who obtained a license mentioned in Article 67 ,

paragraph ( 1 ) cannot bring an action mentioned in paragraph ( 1. ) of the preced ing Article because the copyright owner is unknown or for other similar rea

sons.

(Deposit of compensation)

Article 74. - ( 1 ) A person who is liable to pay compensation as men.tioned in

Article 33, paragraph (2) (including the case where its · application mutatis

mutandis is provided for under the provision of paragraph (4} of the same Article) , Article 68, paragraph ( 1 ) or Article 69 shall deposit the compensation

instead of paying that compensation, in any of the following cases :

(i) where the copyright owner refuses to receive or cannot receive the

compensation;

(ii) where the copyright owner cannot be identified with no negligence on

the part of the above-mentioned perso�;

(iii) where that person brings an action mentioned in Article 72 , para-,

graph (1) with respect to the amount of compensation; (iv) where the right of pledge has been estabished on the copyright (ex

cept in the case where the authorization is obtained from the pledgee) .

(2) In item (iii) of the preceding paragraph, a person who is liable to pay

the compensation shall, at the request of the copyright owner, pay the sum

- 80 -

according to his estimate and deposit the balance between his estimate and

the amount of compensation fixed.

(3) The deposit of a compensation under the provisions of Article 67 , :para graph ( 1 ) or (2) shall be made at a deposit office conveniently near to the

known domicile or residence of the copyright owner if he has ·such in this

country or otherwise near to the domicile or the residence of the depositor.

(4) The depositor mentioned in the preceding paragraph shall notify the copyright owner of that deposit , except in the case where he cannot notify him

thereof because he is unknown or for other reasons.

Section 10 Registration

(Registration of the true name)

Article 75. - ( 1 ) The author of an anonymous or pseudonymous work may

have his true name registered with respect to that work, regardless of whether

he actually owns the copyright therein.

(2) The author may designate by his will a person who may have such name

registered after the author's death as provided in the preceding paragraph.

(3) A person whose true name has been registered shall be presumed to be the author of the work concerned.

(Registration of the date of the first publkation, etc.)

Article 76. - ( 1 ) The copyright owner as well as the publisher of an anony

mous or pseudonymous work may have the date of the first publication or of

the first making public of his work registered.

(2) Works as to which the date of the first publication or of the first making

public is registered shall be presumed to have been first published or first

· made public on the date registered.

(Registration of the date of creation)

Article 76 bis. - ( 1 ) The author of a program work may have the date of

creation of his program work registered, provided that a period of six months

has not passed .after the creation · of that work.

(2) Program works as to wh:lch the date of creation is registered in accor

dance with the preceding paragraph shall be presumed to have been created on

the date registered.

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(Registration of copyright)

Article 77 . - The following matters shall not be effective against any third

party without registration thereof :

(i) the transfer (except that by inheritance or other successions in gen

eral ; the same shall apply in the next item) of copyright or the restriction

on the disposal of copyright ;

(ii) the establishment , transfer, alteration or expiry (except because of

the merger of the right of pledge, or because of the expiry of copyright or

the obligatory right secured) , or the restriction on the disposal , of the right

of pledge established on copyright .

(Procedures, etc. for registration)

Article 78. - ( 1 ) The registrations mentioned in Article 75, paragraph ( 1 ) ,

Article 76, paragraph ( 1 ) , Article 16bis, paragraph ( 1 ) and the preceding , Article shall be made by the Commissioner of the Agency for Cultural Affairs

on the copyright register.

(2) The Commissioner of the Agency for Cultural Affairs shall, when hav

ing made a registration mentioned in Article 75, paragraph ( 1 ) , give public no

tice thereof in the Official Gazette.

(3) Any person may demand of the Commissioner of the Agency for

Cultural Mfairs the delivery of a certified copy or a certified abstract of en

tries in the copyright register or a copy of its annexed documents or the op

portunity to inspect the register or its annexed documents.

(4) A person making such demand shall pay a fee, the amount of which is fixed by Cabinet Order, taking into account actual cost .

(5) The provision of the preceding paragraph shall not apply in the case

where a person who shall pay a fee in accordance with the provision of that

paragraph is the State, etc.

(6) The provisions of Chapter ll and m of the Administrative Procedures Law (Law No.88, of 1993) shall not . apply to measures taken in connection

with registrations mentioned in paragraph ( 1 )

(7) The provisions of the Information Disclosure Law shall not apply t o en

tities in the copyright register and its annexed documents .

(8) Other than those provided for in this Section, necessary matters in con

nection with registrations mentioned in paragraph ( 1 ) shall be provided by

- 84 -

Cabinet Order.

(Exceptional provision for the registration of program works)

Article 78 bis. - Other than those provided for in this Section, matters relat

ing to the registrations of program works shall be provided by another law.

Chapter ill 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 reproductoin right " ) may estab

lish 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 origi

nal text of the work, on which the right of publication is established, in a

writing or a printing by means of typography of other mechanical or chemi

cal processes for the purpose of distribution.

(2) If the author of the work dies within the duration of the right of publi

cation 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, notwith

standing 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 party

to reproduce the work on which the right of publication is established.

(Obligation of publication)

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Article 81 . - Unless otherwise stipulated in the contract of establishment ,

the owner of the right of publication shall have the following obligations :

(i) 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 origi

nals or those corresponding thereto which are necessary for the reproduction

of the work; and

Cii) 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 other

wise 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 dis

charged his obigation mentioned in Article 81 , item (i) , the owner of repro

duction 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 obli

gation mentioned in Article 81 , item Cii) , the owner of reproduction right

may terminate the right of publication by notifying the owner thereof, pro

vided 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 dis

charged his obligation within that period.

{3) When the belief of the author who has the reproduction right in his work

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differs from the content of the work, he may terminate the right of publica

tion 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.

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 provisions of paragraph (4) of the same

Article) , Article 34, paragraph ( 1 ) , Article . 35 , 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 Articles .35 and 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 3 1 , item (i) or Article 35 , 41 , 42 or 42bis which apply mutatis mutandis in the preceding · paragraph, for purposes other than those men

tioned in these provisions, shall be considered to constitute the reproduction

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. - (i ) The following matters shall not be effective against any

third party without the registration thereof :

(i) the establishment, transfer (except that by inheritance or other suc

cessions 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 repro duction right) , or the restriction on the disposal of the right of publication;

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(ii) 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 dis-

posal 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 register" in Article 78, paragraphs ( 1 ) , (3) and (6) 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 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 97 bis, paragraph { 1 ) and Article 97ter, paragraph { 1 ) as well as the right t o secondary use fees mentioned in Article 97 , paragraph

{ 1 ) and the right to remuneration metioned 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 lOObis to lOOquater.

{5) The enjoyment of the rights referred to in any of the preceding para

graphs shall not be subject to any formality.

{6) The rights referred to in paragraphs { 1 ) to {4) (except the right to secon dary 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 intepreted as affecting

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the protection of the rights of authors.

Section 2 Rights of Performers

(R.ight of making sound or v isual recordings)

Article 9L - ( 1 ) Performers shall have the excl usive right to make sound or v isual recordings of their performances .

{2) The provision of the precechng paragraph shall not apply to perform ances which have been incorporated in cinematographic works with the

authorization of the owner of the right mentioned in the same paragraph

(this authorization means the authorization to exploit the work mentioned in

Article 63 , paragraph ( 1 ) which apply mutatis mutandis in Article 103 ; the same shall apply hereinafter in this and the next Chapters) , 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 provisions o( the preceding paragraph shall not apply in the follow

mg cases:

(i) \Vhere the wire d:!Jfusion is made of performances already broadcast;

Cii) 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 para

graph.

(Right of making transmittable)

Article 92bis. -(1 ) Performers shall hav e the exclusive right to make their

performances transmittable.

(2) The provision of the preceding paragraph shall not apply to the follow

mg:

(i) performances incorporated in visual recordings with the authoriza

tion of the owner of the right mentioned in Article 91 , paragraph ( 1 ) ;

(ii) performances mentioned in Article 91, paragraph (2) and incorpo

rated in 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 vis

ual recordings of such performances for broadcasting purposes, provided that

the contract has no stipulation to the contrary or that the sound or visual re

cordings are not intended for the purpose of use in broadcasting programs

different from those authorized.

(2) The fallowing shall be considered to constitute the making of sound or

visual recordings mentioned in Article 91 , paragraph ( 1 ) :

(i) the use and the offering of sound or visual recordings made·in accor

dance with the provisions of the preceding paragraph for a purpose other

than that of broadcasting or for the purpose mentioned in the proviso to the

same paragraph;

(ii) the further offering, by broadcasting organizations which have been

offered such recordings, of sound or visual recordings made in accordance

with the provisions of the preceding paragraph, to other broadcasting or

ganizations for their broadcasting.

(Broadcasting of fixations, etc. made for broadcasting purposes)

Article 94. - (1 ) Unless otherwise stipulated in the contract , the authoriza tion to broadcast a performance from the owner of the right mentioned in

Article 92, paragraph ( 1 ) shall also imply the following:

(i) broadcasting by the authorized broadcasting organization of the per

formances incorporated in sound or vif?ual recordings in accordance with

the provisions 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 provisions of paragraph ( 1 ) of the preceding Article, by another broad

casting organization which has been offered such recordings;

(iii) broadcasting (not falling within the preceding item) , by another

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broadcasting organization which has been offered by the authorized broad

casting 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 organizations men

tioned therein shall pay a reasonable amount of remuneration to the owner of

the right mentioned in Article 92 , paragraph ( 1 ) .

(Secondary use of commercial phonograms)

Article 95. - ( 1 ) When broadcasting organizations and wire diffusion or

ganizations (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 broad casting or wire diffusion made upon receiving such broadcasts or wire diffu

sions) , they shall pay secondary use fees to the performeFs whose

performances (which are mentioned in Article 7 , items (i) to (v) and in which

neighboring rights subsist ; the same shall apply in the next paragraph and

paragraph (3)) have been so broadcast or diffused by wire .

(2) The provisions of the preceding paragraph shall not apply to performers

whose performances are fixed in phonograms the producers of which are na

tionals of any of the Contracting States of the Convention for the Protection

of Performers, etc. which has made a declaration under the relevapt provi

sions of that Convention stating that it will not apply the provisoins 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 men

tioned in Article 8, item (i) is shorter than that for which performers are

granted the protection under the provl.sions of paragraph ( 1 ) , the term for

which performers, whose performances are fixed in phonograms the produc

ers 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 Conventio!l which is granted by that State

with respect to phonograms mentioned in Article 8, item (i) .

(4) ' Where there is an association (including a federation of associations)

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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 Agency for Cultural Affairs, the right to secondary use

fees mentioned in paragraph ( 1 ) shall be exercised exclusively through the in

termediary of such association.

(5) The Commissioner of the Agency for Cultural Affairs may designate

only such an association as satisfies the following conditions :

(i) that it is not established for profit-making;

(ii) that its members may freely join and withdraw;

(iii) that its members are granted an equal right to vote and to be

elected;

(iv) that it has sufficient ability to practise properly by itself the busi

ness 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 " ) .

(6 ) Such association may not refuse the request of the owners of the right for the exercise of the right on their behalf .

(7) 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 .

(8) As provided by Cabinet Order, the Commissioner of the Agency for

Cultural Affairs may ask such association to report on their business con

cerning 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.

(9) 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 para

graph (4) shall be fixed each year by mutual agreement between such associa

tion and broadcasting organizations, etc. or their federation.

(10) 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.

(11) 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

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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 Article " , and "the copyright owner" in Article 74 shall read" the asso ciation mentioned in Article 95 , paragraph (4) " .

(12) 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 as mentioned in paragraph (9) and to acts done under it , provided that the trading method is fair and without unreasonable prejudice to the interests of concerned entrepreneurs.

(13) Other than those provided for in paragraphs (4) to (10), necessary matters in connection with the payment of secondary use fees mentioned in paragraph ( 1 ) and the association mentioned in paragraph (4) shall be provided by Cabinet Order.

(Right of transfer of ownership)

Article 95bis. - ( 1 ) Performers shall have the exclusive right t o offer their performances to the public by transfer of ownership of sound or visual re cordings of their performances.

(2) The provision of the preceding paragraph shall not apply to the follow mg:

(i) performances incorporated in visual recordings with the authoriza tion of a person who has the right mentioned in Article 91 , paragraph ( 1 ) ;

(ii) performances mentioned in Article 91 , paragraph (2) and incorpo rated 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 men tioned in items (i) and (ii) 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;

(ii) 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

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person; (iii) sound or visual recordings of performances the ownership of which

has been transferred, outside the jurisdiction of this Law, without prejudice to the right equivalent to that mentioned in paragraph ( 1 ) , or by a person who has the right equivalent to that mentioned in that paragraph or with the authorization 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 p�rformances.

(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 ; herein after 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 (4) to (13) shall apply mutatis mutandis to the right to remuneration mentioned in the preceding paragraph. In this case, " broadcasting organizations, etc. " in paragraph (9) of the same Article and " broadcasting organizations, etc. mentioned in Article 95, para graph ( 1 ) " in paragraph (lU of the same Article ahall 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 interme diary of the association, mentioned in Article 95, paragraph (4) which shall apply mutatis mutandis in the preceding paragraph.

(6) The provisions of Article 95, paragraphs (6) to (13) 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.

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Section 3 Rights of Producers of Phonograms

(Right of reproduction) Article 96 . - Producers of phonograms shall have the exclusive right to re

produce their phonograms.

(Right of making transmittable) Article 96bis. - Producers of phonograms shall have the exclusive right to

make their phonograms transmittable.

(Secondary use of commercial phonograms) Article 97 . - ( 1 ) When broadcasting organizations, etc. have broadcast or

diffused by wire commercial phonograms (except broadcasting or wire diffu sion 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 (i) to (iii) and in which neighboring rights subsist) have been so broadcast or diffused by wire.

(2) The provisions of Article 95, paragraph (2) 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 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) and (3) of the same Article shall read " producers of phonograms who are nationals " , and " that for which performers are granted the protection" in paragraph (3) 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 Culturai Affairs, the right to secondary use fees mentioned in paragraph ( 1 ) shall be exercised exclusively through the in termediary of such association.

(4) The provisions of Article 95, paragraphs (5) to (13) shall apply mutatis mutandis to secondary use fees mentioned in paragraph ( 1 ) and to the associa tion mentioned in the preceding paragraph.

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(Right of transfer of ownership)

Article 97 bis. - (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 :

(i) copies of phonograms the ownership of which has been transferred to the public by a person who has the right mentioned in the preceding para graph or with the authorization of such person;

(ii) copies of phonograms the ownership of which has been transferred to a small number of specific persons by a person who has the right men tioned in the preceding paragraph or with the authorization of such person;

(iii) copies of phonograms the ownership of which has been transferred, outside the jurisdiction of this Law, without prejudice to the right equiva lent 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 phonograms 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 Cin 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 para graph.

(5) The provisions of Article 95, paragraphs (5) to (13) shall apply mutatis mutandis to the remuneration mentioned in paragraph (3) of this Article and

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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 , para graph (3) which shall apply mutatis mutandis in paragraph (4) of this Article.

(7) The provisions of paragraph (5) of this Article shall apply mutatis mutandis in the preceding paragraph. In this case, " Article 95, paragraph (5) " in paragraph (5 ) shall read " Artcle 95, paragraph (6) . "

Section 4 Rights of Broadcasting Organizations

(Right of reproduction)

Article 98. - Broadcasting organizations shall have the exclusive rights to make sound or v isual recordings of their broadcasts or those diffused by wire from such broadcasts, and to reproduce by means of photography or other · similar processes the 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 dif fusion which is made by a person who is required to do so under the provi sions of laws and regulations.

(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)

- 1 10 -

Article lOObis. - Wire diffusion organizations shall have the exclusive rights to make sound or visual recordings of their wire diffusions, and to re produce by means of photography or other similar processes the sounds or images incorporated in their wire diffusions.

(Rights of broadcasting and wire rediffusion)

Article lOOter. - Wire diffusion organizations shall have the exclusive rights to broadcast and to rediffuse by wire their wire diffusions.

(Right of communication of wire television diffusions)

Article lOOquater. - 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 . - The duration of neighboring rights shall begin with the fol lowing date, and 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 ; (ii) when the first fixation of sounds was made, for phonograms; (iii) when the broadcast took place, for broadcasts; Civ) when the wire diffusion took place, for wire diffusions.

Section 7 Limitations, Transfer, Exercise and Registration of the Rights

(Limitations on neighboring rights)

Article 102. -(1) The provisions of Article 30, paragr�ph ( 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 appiy mutatis mutandis to the exploitation of performances, phonograms, broadcasts or wire diffusions which are the subject matter of neighboring rights, the provi sions of Article 30, paragraph (2) and Article 47ter shall apply mutatis

- 1 12 -

mutandis to the exploitation of performances or phonograms which are the subject matter of neighboring rights, and the provision of Article 44, para graph (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, " Art,icle 23, paragraph { 1 ) " in Article 44, paragraph ( 1 ) shall read " Article 92 , paragraph ( 1 ) , Article 99, paragraph ( 1 ) or Article 100 ter" , and " Article 23 , paragraph ( 1 ) " in Article 44, paragraph {2) shall read " Article 92 , paragraph ( 1 ) or Article lOOter" .

{2) Where reproduction is made of performances, phonograms, sounds or images of broadcasts or wire diffusions (hereinafter referred to as " perform ances, etc. " ) in accordance with the provisions of Article 32, Article 37 , para graph (3) or Article 42 which apply mutatis mutandis in the preceding paragraph, the source must be clearly indicated in the manner and to the ex tent 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 mentioned in Article 91, paragraph ( 1 ) , Article 96, Article 98 or Article lOObis:

(i) the distribution of copies of performances, etc. made in accordance with the provisions of Article 30, paragraph { 1 ) , Article 31, item (i) , Article 35, 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 prov1s1ons;

(ii) the preservation by broadcasting organizations or wire diffusion or ganizations of sound or visual recordings in violation of the provisions of Article 44, paragraph (3) , which apply mutatis mutandis in paragraph (1) of this Article.

- 1 14 -

(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 provisions 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 provisions 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 92 bis, paragraph { 1 } or Article 96bis" .

(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, " the copyright register" in paragraphs ( 1 } , {3} and {6} of the latter Article shall read " the register of neighboring rights " .

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 the 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 re ferred to as " compensation for private recpording" ) 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 for private recording (hereinafter in this Chapter referred to as " the designated association" ) , the right to claim compensation for private recording shall be exercised exclu sively through the intermediary of the designated association :

(i) compensation for sound recording made for the purpose of private use (excluding such sound recording as made exclusively with visual record ing; hereinafter in this Chapter referred to as "private sound recording" ) ;

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(ii) compensation for visual recording made for the purpose of private use (including such visual recording as made exclusively with sound record ing; 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:

(i) that it is a legal person established under the. provision of Article 34 (Eatablishment of non-profit legal persons) of the Civil Law;

Cii) 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 associa tions 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) m

the preceding item satisfies the following conditions : (a) that it is. not established for profit-making; (b) that its members may freely j oin and withdraw; (c) that its members are granted an equal right to vote and to be

elected;

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Civ) that it has sufficient ability to conduct properly the busiriess of ex ercising the right to claim compensation for private recording (including the business relating to the activities mentioned in Article 104octies, para graph ( 1 ) ; hereinafter in this Chapter referred to as "the business related to compensation" ) on behalf of the owners of the right .

(Exceptional provisions for the payment of compensation for private re

cording) Article I04 quater. - ( 1 ) Any purchaser of a recording machine or a record

ing medium which is -specified by Cabinet Order in accordance with the provi sion of Article 30, paragraph (2) (hereinafter in this Chapter referred to as " a specified recording machine " and " a specified recording medium" respec tively) (limited to the initial purchasers only of such retailed recording ma chines 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 respec tively , in accordance with the provision of Article 104sexies, paragraph ( 1 ) .

(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 speci fied 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 I04quinquies. - When the designated association claims compensa-

-tion for private recording in accordance with the provision of paragragh ( 1 ) of the preceding Article, any manufacturer or importer of specified recording machines or media shall cooperate with the designated association in claim ing and receiving such compensation.

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(Amount of compensation for private recording)

Article l04sexies. - ( 1 ) Before exercising the right to claim compensation for private recording in accordance with the provision of Article 104bis, para graph ( 1 ) , the designated association shall fix the amount of such compensa tion 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 compenasation 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 con sult 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, para graph ( 1 ) , the ordinary rate of sound or visual recording royalty and other cir cumstances.

(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 l04septies. - ( 1 ) \¥hen initiating the business related to compensa tion, 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 in tends to amend such rules.

(2) The rules mentioned in the preceding paragraph shall include the mat ters relating to the distribution of compensation for private recording (lim ited to such compensation only 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 es tablishing the rules on such matters .

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(Allocation for such activities as contributing to the protection of copy right , etc.)

Article 104octies. - ( 1 ) The designated association shall allocate an amount corresponding to the rate fixed by Cabinet Order within 20% of the compensa tion received (limited to such compensation only as paid in accordance with the provision of Article 104quater, paragraph ( 1 )) for such activities as con tributing to the protection of copytight 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 relat ing to the activities mentioned in paragraph ( 1 ) when it is deemed necessary for assuring an proper conduct 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 re lated to compensation or to submit account books, documents and other in formation, 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.

(Non-application of the Law on Intermediary Business concerning

Copyrights)

Article 104decies. - The provisions of the Law on Intermediary Business . concerning Copyrights (Law No.67 . of 1939) shall not apply to the business related to compensation conducted by the designated association.

(Mandate to Cabinet Order)

Article 104undecies. - Other than those provided for in this Chapter, neces sary matters with respect to the designated association and the business re lated to compensation shall be provided by Cabinet Order.

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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 pro vide mediators for the settlement of disputes concerning copyright (hereinaf ter 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 {rom among persons of learning and experience in the fieid of copyright or neighboring rights.

(Application for mediation) Article' i06 . - When a dispute may arise in connection with the rights pro

vided 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 ) Applicatlb:l"' shalf pay an 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 provi sion of that paragraph is the State, etc.

(Submission to mediation) ) Article 108. - ( 1 ) Upon receipt of �n application under Article 106 of both

parties concerned or that of one party to which the other·party consented, the . Coill111issioner 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 na ture for submission to mediation or when he deems that the parties concerned applied for mediation for improper purposes.

(Mediation)

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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 likeli hood of settlement of the dispute no longer exists.

(Report, etc.)

Article 110. - ( 1 ) Upon completion of the mediation, the mediators shall re

port 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 mat

ters in connection with procedures of mediation and mediators shaH be pro

vided by Cabinet Order.

Chapter VII Infringements

(Right of demanding cessation)

Article 112 . - ( 1 ) Against those who infringe or are likely to infringe moral

rights, copyright , right of publication, or neighboring rights; the authors as

well as the owners of these rights may make a demand for cessation or pre

vention of such infringements . ) ( 2 ) In making such demand, the authors, the owners of copyright , the own

ers of right of publication, or the owners of neighboring rights may demand

to take measures necessary to effect such cessation or prevention of an in

fringement, such as the abandonment of objects the making of which consti

tuted an infringement, objects made by an infringement or implements and

tools used solely for an infringement .

(Acts considered to be infringements)

Article 113. - ( 1 ) The following acts shall be considered to constitute in

fringements on moral rights, copyright , right of publication or neighboring

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rights :

(i) the importation into this country, for distribution, of objects made

by an act which would constitute an infringement on moral right-s , copy

right , right of publication or neighboring rights if they were made in this

country at the time of such importation;

(ii) the distribution or the possession for distribution of objects made by

an act infringing moral rights, copyright , right of publication or neighbor

ing rights (including those imported as mentioned in the preceding item) by

a pers_on who is aware of such infringement .

(2} An act of using on a computer, in the conduct of business, copies mad_e

by an act imfringing copyright in a program work (including copies made by

the owner of such copies in accordance with the provision of Article 47bis,

paragraph ( 1 } as well as copies of a program work imported as mentioned in

item (i) of the preceding paragraph and copies made by the owner of such im ported copies in accordance with the provision of Article 47bis, paragraph

( 1 }) shall be considered to constitute an infringement on that copyright , so

long as a person using such copies is aware of such infringement at the time

when he has acquired an authority to use these copies.

(3} The following acts shall be considered to constitute. infringements on

moral rights, copyright or neighboring rights relating to rights management

information concerned:

· (i) the intentional addition of false information as rights management information;

(ii) the intentional removal or alteration of rights management infor

mation, excluding the case where such act is conditional upon technology

involved in the conversion of recording or transmission systems or other

) cases where it is deemed unavoidable in the light of the purpose and the

manner of exploiting works or performances, etc . ;

(iii) the distribution, importation for distribution or possession for dis

tribution of copies of works or performances, etc, by a ·pers.on who knows

that any act mentioned in the preceding two items has been done concerning

such works or performances, etc, or the public transmission or making

transmittable of such ·works or performances, etc, by such person.

('4) For the _application ·of the provisions of the preceding paragraph, the

right to secondary use fees mentioned in Article 95, paragraph ( 1 } and Article

9,7, paragraph ( 1 } and the right to remuneration mentioned in Article 95ter,

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paragraph (3) and Article 97ter, paragraph (3) shall be considered as neighbor

ing rights . In this case, " the owners of neighboring rights" in the preceding

Article shall read " the owners of neighboring rights (including the owners of

the rights considered as neighboring rights in accordance with the provisions

of paragraph (4) of the next Article) " , and " neighboring rights " in paragraph

( 1 ) of the preceding Article shall read " neighboring rights (including the

rights considered as neighboring rights in accordance with -the provisions of

paragraph (4) of the next Article) " .

(5) An act of exploitation of a work prejudicial to the honour or reputation

of the author shall be considered to constitute an infringement on his moral

rights .

(Exceptional provisions to the right of transfer of ownership in relation to

a bona fide third party)

Article 113 bis. - When the ownership of the original or copies of works (ex

cluding copies of cinematographic works (including copies of cinemat

ographic works in cases of works reproduced in cinematographic works) ; the

same shall apply hereinafter in this Article) , sound or visual recordings of

performances or copies of phonograms has been transferred to a person who

does not know br has no negligence in not knowing that such original or cop ies of works, sound or visual recordings of performances or copies of

phonograms do not fall within any of the items of Article 26bis, paragraph

(2), Article 95bis, paragraph (3) or Article 97bis, paragraph (2) , respectively, an act by such person to transfer to the public the ownership of such original or

copies of works, sound or visual recordings of performances or copies of

phonograms shall be considered not to constitute an infringement on the

rights mentioned in Article 26bis, paragraph ( 1 ) , Article 95bis, paragraph ( 1 )

or Article 97bis, paragraph (0 .

(Presumption of the amount of damages)

Article 114 . - ( 1 ) In the case where an owner of copyright , right ·of publica

tion or neighboring rights claims compensation for damages from a person

who has infringed intentionally or negligently any of these rights, the profits,

if any, obtained by the infringer from that infringement shall be presumed to

be the amount of damages suffered by such owner.

(2) The owners of copyright and neighboring rights may claim

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compensation for damages from a person who has infringed intentionally or

negligently their copyright or neighboring rights, the amount of damages

suffered being that corresponding to the amount of money which would be re

ceived by them through the exercise of these rights .

(3} The provision of the preceding paragraph shall not prejudice any claim

to compensation for damages in excess of the amount mentioned therein. In

such case, the court may consider the absence of any bad faith or gross negli

gence on the part of the infringer in fixing the amount of damages.

(Submission of documents, etc. )

Article 114bis. - (1 ) In a lawsuit relating to infringements on copyright,

right of publication or neighboring rights, the court may, at the request of

the parties concerned, order them to submit documents necessary for the

proof of acts of infringements\ concerned or for the account of damages

caused by acts of infringements concerned, except in ·the case where a posses

sor of such documents refuses, with reasonable justification, to submit them.

(2) The court may make a possessor of the documents make available such

documents when it· deems necessary for judging whether there is such reason

able :justification as mentioned in the proviso to the preceding paragraph. In

this case, any persmt may not ·ask for the disclosure of such documents so

made available.

(3} The provisions of the preceding two paragraphs shall apply mutatis

mutandis to the making available of such objects of inspection as necessary

for the proof of acts of infringements concerned in a lawsuit relating to in

fringements on copyright , right of publication or neighboring rights.

. (Duty of the parties concerned to explain to an appraiser)

Article 114ter. - When the court , in a lawsuit relating to infringements on

quest of the parties concerned, an appraisal as to matters necessary for the account of damages caused by acts of infringements concerned, the parties

concerned shall have to explain to an appraiser as to matters necessary for

such appraisal.

· (Award .of a reasonable amount of damages)

Article 114quater. - In the case where it is found that there has been

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damages caused in a lawsuit relating to infringements on copyright , right of

publication or neighboring rights, if it is extremely difficult from the nature

of facts concerned, to prove facts necessary for the proof of the amount of

damages, the court may award a reasonable amount of damages based upon

all the gist of oral proceedings and the results of the taking of evidence.

(Measures for recovery of honour, etc.)

Article 115 . - The author may demand a person who has infringed his moral

rights intentionally or negligently to take measures necessary to identify him as the author, to correct distortions, mutilations, or modifications or to re

cover his honour or reputation either instead of indemnification of damages

or together with indemnification of damages.

(Measures to protect the moral interests after the author's death)

Article 116. -(1) After the death of the author, his bereaved fan1ily ( " be reaved family " means surviving spQ_use, children, parents, grandchildren,

grandparents, brothers or sisters of the dead author; the same shall apply

hereinafter �n this Article) may make a demand mentioned in Article 112 on a person who violates or is likely to violate the provision of Article 60 with

repect to the author concerned, or a demand mentioned in the preceding

Article on a person who has infringed ·moral rights intentionally or negli- , gently or who has violated the provision of Article 60 .

. (2) Unless otherwise determined by the will of the author, a demand by the bereaved family mentioned in the preceding paragraph may be made in the order of the enumeration of the bereaved family in that paragraph.

(3) The author may appoint by will a person who acts for the bereaved fam

ily. In this case, the appointed person mayvnot make a demand after the expi ration of a period of fifty years from the year following the year of the author's death or, if any bereaved family still survive at the time of such ex

piration, after the death of all t he bereaved family.

(Infringement with respect to a joint work, etc.)

Article 117. -(1) Each co-author of, or each co-owner of the copyright in, a joint work shall be entitled t"o make, without the consent of the: :other co authors or co-owners of the copyright , a demand mentioned in Article 112 or

a demand for compensation f or damages to his share or a demand for the

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surrender of unjust enrichment corresponding to his share.

(2) The provision of the preceding paragraph shall apply mutatis mutandis to an infringement on copyright or neighboring rights in co-ownership.

(Safeguard of rights in anonymous or pseudonymous works) Article 118. - ( 1 ) The publisher of an anonymous or pseudonymous work

shall be entitled to make, in his own name and in favout of the author or the

copyright owner of the work, · a demand mentioned in Article 112, or Article 115 or Article 116,· paragraph ( 1 ) or a demandIor compensation or the surren der of unjust enrichment, provided that· the 'pseudonym is not generally

known as that of the author and that the true name of the author is not regis

tered under the provision of Article 75, paragraph ( 1 ) . (2) A person whose true name or generally known pseudonym is indicated

as the name of the publisher in the customary manner on copies of an anony

mous or pseudonymous work shall be presumed to be the publisher of that

work.

Chapter Vlli Penal Provisions

· Article 119. - The following shall be punishable by imprisonment for a term not exceeding three years or a fine not exceeding three million yen:

(i) any person who' infringes- moral rights, copy:right, right of publica

tion or neighboring rights (excluding those who reproduce. by themselves

works or performances, etc. for the purpose of private use as mentioned in

Article 30, paragraph ( 1 ) (including the case where its application mutatis mutandis is provided for under the provision of Article 102 , paragraph ( 1 )) or who does an act considered to constitute infringements on moral rights,

boring rights in accordance with the provisions of Article 1 13, paragraph (4) ; the same shall apply in· Article 120bis, item(iii) ) under Article 113,

paragraph (3h ·

(ii) any person who, for profit-making purposes, causes others to use

automatic reproducing machines mentioned in Article 30, paragraph ( 1 ) , item(i) for such reproduction of works or performances, etc. as constitutes

an infringement on copyright , right of publication or neighboring rights.

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Article 120 . - Any person who violates the provision of Article 60 shall be punishable by a fine not exceeding three million Yen:

Article 120 bis. - The following shall be punishable by imprisonment for a

term not exceeding one year or a fine not exceeding one million Yen;

(i) 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 meas

ures (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 circum

vention of technological protection measures, or transmits publicly or

makes transmittable such program;

(ii) 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, copyright or neighboring

rights under the provisions of Article 113, paragraph (3).

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 riame 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.

Article 121 bis. - Any person who makes, distributes or possesses for dis

tribution copies of commercial phonograms reproduced from any of the

following commercial phonograms (including copies of such commercial

phonograms and thpse made through one or more intervening copies) shall be

punishable by imprisonment for a term not exceeding one year or a fine not

exceeding one million Yen, provided that such making, distribution or posses

sion of copies is made within a period of fifty years from the year following

the year of the first fixation of sounds on matrices of phonograms :

(i) commercial phonograms which have been manufactured, by those

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engaging m the business of manufacturing commercial phonograms in

this country, from matrices of phonograms (except those phonograms fal

ling 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 out

side the jurisdiction of this Law, from matrices of phonograms (except

those phonograms failing 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 mem

bers of the World · Trade Organization or the Contracing 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 prov1s10ns of Article 48 or

Article 102 , paragraph (2) shall be punishable by a fine not exceeding three hundred thousand Yen.

Article 123. - ( I ) In the case ·of offences under Article 119, Article 120bis, item(iii) and Article 12lbis, 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

c6mplaint with respect to such work published by him, except in the cases

where the proviso to Article 1 18, paragraph ( 1 ) is applicable and where the

complaint is contrary to the express will of the author.

Article 124. -(1 ) Where a representative of a legal person (including an ad

ministrator of a non-juridical association or foundation) or an agent , an em- ·

ployee 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 under any of the Articles

mentioned in item (ii) shall be imposed upon such person, in addition to the punishment of the offender:

· (i) Article 119, item (i) (except parts of the provisions relating to moral

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rights of the author) : a fine not exceeding a hundred million yen;

(ii) Article 119 , item (i) Conly parts of the provisions relating to moral

rights of the author) or (ii) , or Articles 120 to 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 provisionsrelating to copyright of the revised Copyright

Law (hereinafter referrd to as " the new Law " ) shall not apply to works in

which copyright under the Copyright Law before amendment (hereinafter re

ferred to as " the old Law " ) has all expired at the time of coming into force of

this Law.

(2) With respect to works in which copyright under the old Law has 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 pro

visions of Article 95, Article 95ter, paragraphs (3) and (4) , Article 97 and

Article 97ter, paragraphs (3) to (5) ; the same shAll apply in Article 15, para graph ( 1 ) of the Supplementary Provisions) shall apply to performances

which took place before the enforcement of this Law (excluding those falling

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within any of the items of Article 7 of.-the new Law) or to phonograms com

posed 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 Civ) of

the new Law and on which the right of publication under the old Law is estab

lished 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 4 bis. - The provision of Articles 26ter of the new Law shall not

apply for the time being to the lending of books or magazines (exCluding

those consisting mainly of music) . ·

(Transitory measures: the ownership of copyright i n cinematographic

works, etc.)

Article 5. - ( 1 ) The provisions of the old Law shall still apply to the owner

ship 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 pro

visions of Article 24 or 25 of the old Law on the ownership of copyright in

photographic works included on 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 5 bis. - For the application of the provisions of Article 30, paragraph ( 1 ) , item(i) . and Article 119, item (ii) of the new Law, the words " automatic

- 146 -

reproducing machines" mentioned in these provisions shall not include for the

time being those exclusively for use in copying writings or printings.

(Transitory measures: artistic works placed in an open place)

Article 6 . - The owner 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 author

ized the exhi'?ition 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, pro

vided 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 ef

fectiv e with respect to works published before the enforcement of this Law.

(Transitory measures: disposal of copyrigh)

Article 9. - The transfer and other disposal, made before the enforcement of this Law, of copyright under the old Law shall be considered as those 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 enforce

ment 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 j oint works.

(Transitory measures: exploitation of works under compulsory license)

Article 11. - (1 ) The provision of Article 69 of the new Law shall not apply

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to the mak:lng of sound recordings of musical works incorporated in commer

cial phonograms which were put on sale in this country before the enforce

ment 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 Mfairs in accordance with the provision of Article 22quinquies,

paragraph (2) or Article 27 , paragraph (2) of the 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 sha.ll apply. ·· (4) In the preceding paragraph, where the parties concerned who are dissat

isfied with. the amount of compensation learn of the issuance of a license be

fore 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 copy right , 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 consid

ered as those mentioned in Articles 75 to 77 of the new Law, except those fal

ling 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 ef

fective 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 pro

vision 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 estab lished before the enforcement of this Law and which subsists at the time of

the enforcement of this Law shall be considered to be established under the

new Law.

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(2) The disposal of and procedures for registrations of the right of publica

tion mentioned in Article 28decies of the old Law, made before the enforce

ment 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 of Articles 28ter to 28octies 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 enforce

ment 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 per

formances 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

reghts 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 du

ration of neighboring rihgts in such performances or phonograms shall, not

withstanding the provisions of that Article, expire at the end of the duration

of copyright in such performances or phonograms under the old Law or at the

end of a period of fifty years 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 fo·r registrations of copyright in per

formances 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 as those 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

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(·2) of the Supplementary Provisions-shall apply mutatis mutandis to perform

ances 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 enforcement of this Law and which would be lawful under the. - . . ' . - provisions of Subsection 5 of S�ction 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 by used or distributed to -the

extent of such purposes of 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 . - Notwithstandig the provisions of Article 14 and Chap�,er VH of the new Law, the provisio:r:s of Articles 12 , 28undec;ies, 29, 33_

and 34, . Article . 35, paragraphs ( 1 ) to (4) , and ArtiCles 36 and 36bis of the old Law shall still

apply to acts, done before the inforcement of this Law, which violate the pro

vision of Article 18; par�graph (,1) or-(2) oftne old Law or which fall within the infringements provided for in Chapter ill of the old Law (including acts in fringing the right of publication) .

(Transitory measures: penal provisions)

Article 18. - The penal provisions of the old Law shall still apply to acts

done 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 whJch the

Convention for. _ the f:>rotection of Producers of Phonograms Aga1nst

Unauthorized Duplication of Their Pho�ograms becomes effective with re spect to Japan. (This Law came into force on October 14, 1978 .)

(Transitory measures)

- 154 -

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 be

fore the enforcement of this Law.

Supplementary Provisions (Extract) (Law No.45, of 1981)

(Date of enfor:cement)

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)

I. - This Law shall come into force twenty days after the date of its prom

ulgation. (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 Measere 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.

- 156 -

(Transitory measures required by the repeal of the Interim Measure Law)

3. - Notwithstanding the provisions of Articles 26bis, 95bis, and 97 bis of the

amended Copyright Law, those·who have obtained the �uthorization with re

spect to the lending to the public of commercial phonograms in accordance

with the provisions of the Intjerim 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 Cinclud . ing a Cabinet Order

under it) shall still be effective with respect to acts done before the enforce

ment 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)

I. - This Law shall come into force on January 1 , 1986. However, the provi

sion for amendrilent· to insert Article 16bis next to ArtiCle·76 and the amended provision of Article 78, paragraph ( l) as well as the provision of paragraph 6 of the Supplementary Provisions shall come into force on the date of enforce

ment 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 du

ties)

2. - The provisions of Article 15 of the amended Copyright Law shall apply

to works ·created after the enforcement of this Law, and the provisions of Article 15 of the Copyright Law before amendment shall st.ill 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

- 158 -

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 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 47 bis of the amended Copyright Law.

(Transitory measures: penal provisions)

5. - 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.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 aJ?.d performers (including the provi

sions 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 per

formances as fall within items (i) to (iii) of Article 7 of the Copyright. Law) .

(Transitory measures: penal provisions)

- 160 -

4. - 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.87 , of 1988)

(Date,of enforcement)

1 . - This Law shall come into force twenty days after the date of its prom

ulgation. (This Law came into force on November 21 , 1988 .)

(Transitory measures)

2. - The provision of Article 121, item (ii) of the amended Copyright Law

shall not apply to the following acts done after the enforcement of this Law:

(i) 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 pho:-

. nograms in this country,� from matrices of phonograms (exce:pt those phonograms falling within any of the three items of Article 8) offered by

producers of phonograms Cin 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 fallowing the year of the first fixation of sounds on the matrices (in

the next ite:r:p.�ef:erred to as " a prohibitio:q, period before amendment " ) h�ve

passed before the enforcement of this Law;

(ii) the distribution of copies, ·made before a prohibition period before

amendment has passed, of comiT,lercial phonograms which have been.manu

factured from matrices coming from certain foreign countries and in rela

tion to which a pFohibition period before amendment has passeq 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

- 162 -

Phonograms and Broadcasting Organizations becomes effective with respect

to Japan. (This Law came into force on October 26, 1989 .]

(Transitory measures: performances, etc. to which Japan has the obliga

tion 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:

(i) 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 resi

dence 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 en

forcement of this Law and who did not have habitual residence in this country

at the time when their performances took place, provided that their perform

ances do not fall within those which took place before the enforcement of the

No.39, of 1899) subsists at the time of coming into force of the Copyright

Law.

- 164 -

Supplementary Provisions (Law No.63, of 1991)

(Date of enforcement)

1 . - This Law shall come into force on January 1 , 1992.

(Transitory measures)

2. - The amended provisions of Article 95ter shall not apply to perform

ances, mentioned in Article 7 , item (v) , which took ptace before the enforce

ment of the Law for Partial Amendments to the Copyright Law (Law No.43,

of 1989 ; in the next paragraph, item (ii) referred to as " the Amendments Law

of 1989 " ) .

3. - The amended provisions of Article 91ter shall not apply to the follow

ing phonograms :

(i) phonograms (excluding those mentioned in Article 8, item (i) or (ii) )

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 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) ;

(ii) 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 en

forcement 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

(i) to (iv) or phonograms mentioned in Article 8, item (i) or (ii) are incorpo

rated.

5. - The amended provisions of Article 121 bis shall not apply to any of the

- 166 -

following acts done after the enforcement of this Law :

(i) the making, the distribution or the possession for distribution, of

copies of commercial phonograms reproduced from commercial pho

nograms (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

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 (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 year 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

in the next item and item(ili) 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 manufactuerd 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 pho

nograms (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 rrianufacturing 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 es

tablished under the law of such State and those who have their principal of

fices in such State) and in relation to which twenty years from the year

following the year of the first fixation of sounds on the matrices have

passed before the enforcement of the Amendments Law of 1998.

- 1'68 -

6. - The penal provisio�s before amendment shall apply to acts done before

the enforcement of this Law:

Supplementary Provisions (Law No .106 , of 1992)

(Date of enforcement)

1 . - This Law shall come into force on the date fixed by Cabinet Order

within six months from the d�te of its promulgation. (This Law came into

force on June 1 , 1993 . J :H:o·�ever, the provision ' amending the Table of Contents, the provision renumbering Chapter W as Chapter vm , Chapter VI as Chapter W , and Chapter V as Chapter VI and inserting the new ;(i�pt��' V next to Chapter VI (except the parts relating to ·Article 104quater, Article 104 quinquies 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, 1992] /

(Transitory measures)

2. - The provisions of the amended Copyright Law shall not apply to such private sound or visual recordirtg as m�de on a specified recording medium purchased '(the word "purchased ''� means "initially purchased' after retail" ; the same shall apply hereinafter) before the date bf eriforcement of ·this Law (hereinafter referred to as " the date of enforcement " ) by means of a'specified recording machine purchased before the date of enforcement ; .

' ,, .

a� - - When private recording 18 made on a specified recording rfiedium imr

chased after the· date· of eriforcement by means of a specified recordi�g •ma chine 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 record

ing medium, purchased before the date of enforcement , on which private re

cording is made by means of a specified recording machine purchased after

the date of enforcement .

- 170 -

Supplementary Provisions (Extract) (Law No.89, of 1993)

(Date of enforcement)

Article I . - 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 .]

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. J

(Application of the provisions relating to neighboring rights)

2. - The provisions of paragraph 3 of the Supplementary Provisions of the

paragraph 2 of the Supplementary Provisions of the Law for Partial

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;

- 172 -

(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, ex

cluding those inco'rporated in sound or visual recordings before transmis

sion with the authorization of the performers concerned:

(a) broadcasts transmitted by broadcasting organizations who are na

tionals 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 pro

visions of Article 95ter, paragraphs {3) and {4)) to foreign performers whose

performances are mentioned in the preceding paragraph, items (i) to (iii) and who did not have habitual residence in this country at the time when their preformances took ·place.

4 . - The provisions of paragraph 2 of the Supplementary Provis1ons 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 pro

visions of Article 97ter, paragraphs (3) to {5)) to the following phonograms :

(i) 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 Organizations ;

(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

- 1 74 -

for the Protection of Producers of Phonograms Against Unauthorized

Duplication of Their Phonograms Cin 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 (iii) of the new Law, which fall within the

following broadcasts :

(i) broadcasts transmitted by broadcasting organizations who are na

tionals of any of the menbers of the World Trade Organization; Cii) 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 121 bis of the new Law shall nof apply to

the making, the distribution or the possession for distribution, act done 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

hav e 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 year of the first fixation of sounds on the

matrices have passed before the enforcement of the Law for Partial

- 176 -

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 .l17, of 1996)

(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 mesures : term of protection for photographic works)

2 . - The provisions relating to the term of protection for works of the

amended Copyright Law (in the next paragraph referred to as " the new

Law" ) shall apply to photographic works in which copyright under the

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 pro

tection for works of the Copyright Law before amendment (hereinafter re

ferred to as " the old Law " ) is to expire after the end of the duration of

works 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)

- 178 -

1 . - This Law shall come into force on January 1 , 1998 .

(Transitory measures: works, etc. in a state that the interactive transmis

sion thereof can be made)

2. - The provision of Article 23, paragraph ( 1 ) , Article 92bis, paragraph

( 1 ) 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 , paragraph ( 1 ) , item (ix

quinquies) of the new Law, of such works, performances (only those men

tioned in Article 92 , paragraph (2) , item (ii) of the Copyright Law before

amendment (hereinafter referred to as " the old Law) ; the same shall apply

hereinafter in this paragraph) or phonograms as have been in a state that the

interactive transmission thereof can be made at the time of coming into force

of this Law, by a person who has made transmittable such works, perform

ances or phonograms through such interactive transmission or, if such a per

son 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, paragraph ( 1 ) of the old Law shall still be

effective, even after the enforcement of this Law, with respect to perform

ances (other than those mentioned in Article 92 , paragraph (2) , item (ii))

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 done before

the enforcement of this Law.

Supplementary Provisions (Extract) (Law No. lOl , of 1998)

(Date of enforcement)

Article I . - This Law shall come into force on April 1 , 1999.

- 180 -

Supplementary Provisions (Extract) (Law No.43, 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 No.42 , of 1999 ; hereinafter referred to as " the

Information Disclosure Law") . [This Law came into force on January 1 ,

2001 .]

(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 with

out the 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)

(Date of enforcement)

(Law No.77, of 1999) .

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 provisions inserting the new Article 120bis next to Article

120, the amended provisions of Article 123, paragraph (1 ) , the amended provi

sions 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

- 182 -

( 1 ) and Article 97 bis, 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 men

tioned 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 publi

cation) .

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 termi

nation 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 enforce

ment of this Law, " Article 95ter, paragraph (3) " and " Article 97ter, para

graph (3) " in Article 113, paragraph (4) of the amended Copyright Law shall

read " Article 95bis, paragraph (3) " and " Article 97 bis, paragraph (3) " , respec

tively.

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 enforcement of this Law,

" Article 42, Article 42bis" and " Article 42 or 42bis" . in Article 47ter of the

amended Copyright Law shall read " Arti�le 42 " and " or Article 42 " , respec

tively, 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

- 184 -

provisions of paragraph 4 of the Supplementary Provisions [Law No.77 , of

1999]

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 on

the day mentioned in each item concerned:

(i) , (ii) : [omitted]

Supplementary Provisions (Extract) (Law No.220 , of 1999)

Article 1 . - This Law (except Article 1) shall come into force on January 6,

J 2001 . However, the following provisions shall come into force as frotn the day mentioned in any of the following items :

(i) '"""' (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.

- 186 -

(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.

- 188 -

1 - 2. OLD COPYIDGHT LAW (Extract)

· · cLaw No. 39, of March 4, 1899,

as amended up to December 8 , 1969 by Law No .82)

· Article 3 . - Copyright in a work published or publicly performed shall en

dure for the lifetime of its author and for thirty years after his death.

for thirty years after the death of the last surviving author.

Article 4. - Copyright in a work [first] published or publicly performed

after the death of its author shall endure for thirty years from the time of

such publication or public performance.

Article 5 . - Copyright in an anonymous or pseudonymous work shall en

dure for thirty years from the time of publication or public performance � pro

vided, however, that the provisions· of Article 3 shall apply if · the author has

his true name registered within that period.

Article G. - Copyright in a work published or publicly performed under the

name of a governmental or public agency, school, shrine or temple, associa

tion, company or any other organization as its author shall endure for thirty

years from the time of such publication or public performance.

Article 7. - If the copyright owner does not publish a translation of the

original work within ten years after the publication of his work, his right of

translation shall cease to exist .

If the copyright owner publishes, within the time limit stipulated in the pre

ceding paragraph, a translation in the language for which he seeks protec

tion, his right of translation into such language shall not cease to exist .

Article 22ter. - The author of a work produced by means of cinematography

or a process analogous thereto shall be deemed the author of a work of litera

ture, science or art, and shall enjoy protection under this Law. In regard to

the period of protection, the provisions of Articles 3 to 6 and Articl� 9 shall

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r-·-

1 apply to those with originality, and the provision of Article 23 shall apply to those without originality.

Article 23. - Copyright in a photograph shall endure for ten years.

The period under the preceding paragraph shall be calculated from the be

ginning of the year fallowing the year in which such work was first published.

If no publication has been effected, the period shall be calculated from the be

ginning of the year following the year in which the negative was made.

A person who has lawfully reproduced an artistic work by means of pho

tography shall enjoy protection under this Law for the same period as the

copyright in the original work; provided, however, that any agreement other wise signed between the parties concerned shall be fallowed.

Article 52. - In Articles 3 to 5, "thirty years " shall read for the time being

"thirty-eight years " , except in caces of copyright in performances and sing

ing as well as copyright provided for in Article 22septies.

In Article 6, "thirty yesrs" shall read for the time being " thirty-three years" , except in cases of copyright in performances and siriging as well as

In the first paragraph of Article 23, " ten years " shall read for the time

being "thirteen years " .

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�..·..:7 · I

(Purpose)

2. LAW CONCERNING THE EXCEPTIONAL PROVISIONS

TO THE COPYRIGHT LAW REQUIRED IN CONSEQUENCE

OF THE ENFORCEMENT OF THE UNIVERSAL

(Law No.86, of April 28, 1956, as .amended up to May 8, 2000 by Law No.56)

Article 1 . - The purpose of this Law is to provide, in consequence of the en

forcement of the Universal Copyright Convention, for the exceptional provi

sions to the Copyright Law (Law No. 48, of 1970) .

(Definition)

Article 2. - {1 ) · In this Law, · " the Universal Convention " means the

Universal Copyright Convention.

{2) In this Law, "publication" means the publication as defined in Article

VI' of the Universal Convention: {3) In this Law, "right of translation " means the right of translation as de

fined in Article V of ·the Universal Convention.

(Exceptional provisions for the term of protection of a work)

Article 3. - { 1 ) In cases where an unpublished work of a national of a

Contracting State or a work first published in a Contracting State which is

protected under the Copyright Law in accordance with the provisions of

Article II of the Universal Convention has ceased to be granted the protection at the expiration of the term of protection under the legislation of the

Contracting State coricer�ed; the term of proteCtion -for the work sh�ll, 'not withstanding the provision of the Copyright Law, only last until the date of

expiration of the term of protection under the legislation of the Contracting

State.

{2) An unpublished work of a national of a Contracting State or a work

first published in a Contracting State not belonging to the class of works

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protected under the legislation of the Contracting State shall not enjoy the

protection otherwise granted under the Copyright Law in accordance with the

provisions of Article IT of the Universal Convention.

Article 4. - ( 1 ) For the purpose of the provisions of the preceding Article, the work of a national of a Contracting State of the Universal Convention,

first published in a non-Contracting State, shall be treated as if first pub lished in the Contracting State.

(2) For the purpose of the provisions of the preceding Article, in case of si

multaneous publication in two or more Contracting States of the Universal

Convention, the work shall be treated as if first published in the State which

affords the shortest term of protection; any work published in two or more

Contracting States within thirty days of its first publication shall be consid

ered as having been published simultaneously in the said Contracting States .

(Exceptional provisions for the right of translation)

Article 5 . - ( 1 ) If any of the following items is applicable in cases where,

after the expiration of a period of seven years from the year following the

year to which belongs the date of the first publication of a writing protected

under the Copyright Law in accordance with the Universal Convention, a

translation by the owner of the right of translation or with his authorization,

of such writing has not been published in Japanese or has been so published

but is out of print , a Japanese national may publish a translation of such

writing in Japanese as prescribed by Cabinet Order, subject to a license of the

Commissioner of the Agency for Cultural Affairs; provided that , prior to the

publication thereof , a compensation which is - just and conforms to interna

tional standards and which is approved by the Commissioner of the Agency

for Cultural Affairs shall , in whole or in part , be paid to the owner of the

right of translation or be deposited in behalf of him, as prescribed by Cabinet -

Order:

(i) in cases where the applicant has requested, and been denied, the

authorization by the owner of the right of translation to translate and pub

lish the translation;

(ii) in cases where due diligence exercised by the applicant has failed to

find the owner of the right of translation.

(2) In the case failing under item (ii) of the preceding paragraph, the

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applicant for a license under said paragraph shall send copies of his applica

tion to the publisher whose name appears on the work and, if the nationality

of the owner of the right of translation is known, to the diplomatic or consu

lar representative of the State of which such owner is a .national, or to the· or

ganization which may have been designated by the goverment of that State,

and he shall also send to the Commissioner of the Agency for Cultural Mfairs

a report that the copies have been sent .

(3) The Commissioner of the Agency for Cultural Affairs shall not grant a

license under paragraph ( 1 ) before the expiration of a period of two months

from the date of the dispatch under the provisions of the preceding paragraph

of the copies of the application.

(4) The Commissioner of the Agency for Cultural Affairs shall, when in

tending to grant an approval under the proviso to paragraph ( 1 ) , consult the

Culture Council.

Article 6. - A licensee under paragraph ( 1 ) of the preceding Article shall not

transfer the right to publish a translation under the relevant license.

Article 7. - The original title, the name of the author of the work and other matters shall be printed on the copies of the translation licensed under para

graph (1 ) of Article 5 , as prescribed by Cabinet Order.

Article 8. - A translation licensed under paragraph ( 1 ) of Article 5 shall not

be exported to a State other than the States parties to the Universal

Convention as designated by Cabinet Oder.

(Stateless presons and refugees)

Article 9. - Stateless persons and refugees who havetheir habitual residence in a State party to the Protocol annexed to the Universal Convention concern- ·

ing the application of that Convention to the works of stateless persons and

refugees shall, for the purpose of the provisions of Articles 3 to 5, be assimi

lated to the nationals of that State.

(Works protected under the Berne Convention, etc.)

Article 10. - This Law shall not be applicable to the works whose country of origin, within the meaning of the Berne Convention ·for the Protection of

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Literary and Artistic Works, the WIPO Copyright Treaty or the Marrakesh

Agreement Establishing the. World Tr:f\.de Organization, respectively, is a

member of the International Union established by the Berne Convention, a

Contracting State of the WIPO Treaty or a member of the World Trade

Organization; provided that the provisions of Articles 5 to 8 shall be applica

ble to the licensee who has got the license under paragraph ( 1 ) of Article 5 or

the translation which has been lidmsed under the said paragraph before the

works become the work of which such member is the country of origin.

(Works protected under Article 12 of the Treaty of Peace with Japan)

Article 1 1 . - The Allied Powers which are States defined in Article 25 of the

Treaty of Peace with Japan and which are Contracting States of the Universal

Convention on the effective date of this Law, and their nationals shall, inso

far as the works enjoying the protection under the old Copyright Law (Law

No.39 , of 1899) in accordance with the provisions of Article 12 of the said

Treaty on the effective date of this Law are concerned, continue to-enjoy the

same protection and, insofar as the works enjoying such protection on the ef

fective date of the Copyright Law are concerned, to enjoy after the enforce

ment of this Law.

(Mandate to Cabinet Order)

Article 12_. - Other than those provided for in this Law, necessary matters

for the enforcement of this Law shall be prescribed by Cabinet Order.

Supplementary Provisions (Extract)

(Effective Date)

1 . - This Law shall come into force as from the day on which the Universal

Convention becomes effective with respect to Japan. (This Law came into

force as from April 28, 1956 . )

(Transitional Provision)

2. - This Law (except Article 1 1) shall not apply to unpublished works pro

duced prior to the enforcement of this Law and works published prior to the

enforcement of this Law.

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Supplementary Provisions (ltxtt'ltot) (Law No.56, of 2000)

(Date of enforcement)

1 . - This Law shall come into force on January 1 , 20{)1 . l'lnWt.tVt'-1', ,,hi! amended provisions of Article 58 of the Copyright Law in Articlo l nnd lho provisions of Article 2 shall come into force as from the day on which thu W IPO Copyright Treaty becomes effective with respect to Japan.

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(Purpose)

3. LAW CONCERNING EXCEPTIONAL PROVISIONS FOR

COPYRIGHTS OWNED BY THE ALLIED POWERS AND THE ALLIED NATIONALS

(Law No.302 , of August 8, 1952 ,

as amended up to May 6 , 1970 by Law No.48)

Article 1 . - The purpose of this Law is to provide, in accordance with the

provisions of Article 15 (c) of the Treaty of Peace with Japan, for the excep

tional application of the Copyright Law (Law No.48, of 1970) concerning the

copyrights owned by the Allied Powers and the Allied nationals .

(Definition)

Article 2. - ( 1 ) In this Law, "the Allied Powers " means the Allied Powers as

difined in Article 25 of the Treaty of Peace with Japan.

(2) In this Law, "the Allied nationals " means the following:

(i) individual persons who are nationals of the Allied Powers ;

(ii) corporations established under the laws and orders of any of the

Allied Powers and persons of a similar nature;

(iii) besides those mentioned in the preceding item, those corporations

and other associations established for profit in which the individuals or

corporations or associations mentioned in the preceding two ite.ms or in

this item hold all of the stock or capital investments apart from qualifying

shares ;

(iv) besides those mentioned in item (ii) , religious juridical persons,

non-profit juridical persons and other similar organizations controlled by

the persons mentioned in the preceding three items or in this item.

(3) In this Law, "the copyright " means all or any part of the rights under

the old Copyright Law (Law No.39, of 1899) (except the right of publication

as provided for in Article 28ter of that Law) .

(Copyrights which have arisen during the war)

Article 3. - Irrespective of whether or not any conventions or agreements to

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which Japan was a party on December 7 , 1941 , were abrogated or suspended

upon or since the outbreak of a war between Japan and the Allied Power

coucerned, by the domestic law of Japan or of the Allied Power concerned, the

copyrights which the Allied Powers or the Allied nati�nals would hav� en

j oyed in accordance with the provisions of such conventions or agreements

during the period from that date until the day before the day on which the .

Treaty of Peace with Japan comes into force between Japan and the Allied

Power concerned, shall be protected as having been validly obtained on the

day on which the copyrights ·would have been so enjoyed.

(Exceptional provisions for the duration of copyright)

Article 4. - ( 1 ) The copyrights which existed on December 7 , 1941 , and were ·

owned by the Allied Powers and the Allied nationals shall last during the

term of protection of the rights corresponding to copyright provided in the

December 8, 1941 until the day before the day" on which the Treaty of Peace

with Japan becomes effective. (The period, if any, during which anyone other

than the Allied Powers and · the · Allied nationals ow�ed the copyrights con

cerned shall be excluded from such additi.onal period) .

(2) The copyrights obtained by the Allied Powers and the Allied nationals

during the period from December 8, 1941 until the day before the day on which

the Treaty of Peace with Japan becomes effective (including the copyrights

protected as having been validly obtained under the provision of the preceding

Article) shall last during the term of protection of the rights corresponding

to copyright provided in the Copyright Law and for an additional period

equivalent to that from the day on which the Allied Power or the Allied na

tional concerned obtained his copyright until the day before the day on which

the Treaty of Peace with Japan becomes effective between Japan and the

Allied Power concerned. (The period, if any, during which anyone other than

the Allied Powers and the Allied nationals owned the copyright concerned

shall be excluded from such additional period) .

(Exceptional provisions for the duration of the right of traslation)

Article 5 . - In cases where the provisions of paragraph ( 1 ) or (2) of the pre

ceding Article are applied to the right to translate a work into Japanese, in

extension of a period mentioned in Article 7 , paragraph ( 1 ) (the right of

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translation) of the old Copyright Law which is to be still effective in accor

dance with the provisions of Article 8 of the Supplementary Provisions of the

(Copyrights owned by anyone other than the Allied· Powers and the Allied

nationals)

Article 6 . - The provisions of the preceding two Articles shall apply solely

to the copyrights which were owned by the Allied Powers or the Allied nation

als on the day on which the Treaty of Peace with Japan comes into force be

tween Japan and the Allied Power concerned (including the cases where the

term of protection of such copyrights continues, in consequence of its exten

sion for the additional period provided for in the preceding two Articles, to

remain in existence on and after that day) .

(Exemption from formalities)

Article 7. - For the application of the provisions of Articles 3 to 5, the sub

mission of any application, the payment of any fee, or compliance with any

other formality or condition shall not be required ; provided, however, that

the application of the provisions of Article 77 (registration of copyright) or

Article 78 (procedures, etc. for registration) of the Copyright Law or the pro

visions of the Registration and License Tax Law (Law No.35, of 1967) shall

not be precluded.

Supplementary Provisions

This Law shall come into force on the date of its promulgation, and shall

apply from the day on which the Treaty of Peace with Japan first comes into

effect . (This Law came into force on April 28, 1952 .)

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4. LAW ON EXCEPTIONAL PROVISIONS FOR THE REGISTRATION OF

PROGRAM WORKS

(Law No.65, promulgated on May 23, 1986

. as amended up to December 22, 1999 by Law No. 220)

Table of Contents :

Chapter I General Provisions (Article 1) . Chapter ll Exceptional Provisions for Registration Procedures, etc.

(Articles 2 to 4) .

Chapter ill Exceptional Provisions for Registration Organ (Articles 5 to 28) . Chapter IV Penal Provisions (Articles 29 to 31) . Supplementary Provisions .

Chapter I General Provisions

(Purpose)

Article 1 . - The purpose of this Law is to provide for the exceptional provi

sions to the Copyright Law (Law No.48, of 1970) with respect to the registra

tion of program works.

Chapter IT Exceptional Provisions for Registration Procedures, etc. ·

(Program -register, etc. )

Article 2. - (1) In case of the registration, mentioned ip Article 75, para graph ( 1 ) , Article 76, paragraph ( 1 ) , Article 76bis, paragraph ( 1 ) or Article 77

of the Copyright Law, made of program works (hereinafter referred to as

" program registration" ) , the copyright register (hereinafter referred to as

" program register") may, as provided by Cabinet Order, be prepared in

whole or in part by,means of magnetic tapes (including any similar material

objec� capable of assuring records of given items ; the same shall apply in the '

next paragraph) .

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(2) Any person may demand of the Commissioner of the Agency . for

Cultural Affairs the delivery of copies of entries in the part of the program

(3) The person making such demand shall be required �o pay fee, the amount

of which is fixed by Cabinet Order, taking into account actual cost .

(Application for program registration)

Article 3 . - A person who intends to apply for program registration shall,

as provided by Cabinet Order, submit to the Commissioner of the Agency for

Cultural Affairs a copy of a program work intended for application as the

material for indicating the content of that program work, unless such pro

gram work has already been registered as one of the program registrations

other than that applied for.

(Public notice of program registration)

Article 4. - The Commissioner of the Agency for Cultural Mfairs shall,

when having made a registration, mentioned in Article 76, paragraph (1) or

Article 76bis, paragraph (1 ) of the Copyright Law, of a program work, give

public notice thereof as provided by Ministry of Education and Science

Ordinance.

Chapter ill Exceptional Provisions for Registration Organ

(Designation of registration organ, etc.)

Article 5. - (1) The Commissioner of the Agency for Cultural Affairs may

entrust a person designated by the Commissioner (hereinafter referred to as

"designated registration organ" ) with the whole or a part of program regis- · tration business as well as business carried out upon demand mentioned in

Article 2 , paragraph (2), or in Article 78, paragraph (3) of the Copyright Law

and business of public notice mentioned in the preceding Article (hereinafter

referred to as "registration business" ) .

(2) Designation mentioned in the preceding paragraph shall, as provided

by Ministry of Education and Science Ordinance, be made upon application of

a person who intends to conduct registration business.

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(3) In case where the Commissioner of the Agency for Cultural Affairs en

trusts the designated registration organ with registration business, he shall

no longer conduct such registration business as conducted by that organ.

(4) For the application of the provisions of Article 2 , _ paragraph (2) , Article

3 and the preceding Article as well as the provisions of Article 78, paragraphs

( 1 ) to (3) of the Copyright Law to the case where the designated registration

organ conducts registration business, "the Commissioner of the Agency for

Cultural Affairs" in these provisions (except Article 78 , paragraph (2) of that

Law) shall read "the designated registration organ " , and " when having

made a registration mentioned in Article 75, paragraph { J ) " in Article 78,

paragraph (2) of that Law shall read "when the designated registration organ

has made a registration mentioned in Article 75, paragraph ( 1 ) " .

(Disqualification clause)

Article 6. - The following shall not be able to obtain the designation men

tioned in paragraph ( 1 ) of the preceding Article :

(i) a person who has been sentenced to a fine or more severe punishment

in accordance with the provisions of this Law or the Copyright Law and

who has not yet passed two years since the date of fulfilling his sentence or

the date when he was excused from fulfilling his sentence;

(ii) a person whose designation has been annulled in accordance with the

provisions of Article 20 and who has not yet passed two years since the date

of such annulment ;

(iii) where any of the officers conducting business falls within either of

the following:

. (a) a person who falls within item (i) above;

(b) a person who was removed from office by an order issued in accor

dance with the provisions of Article 15 and who has not yet passed two

years since the date of such removal.

(Standard for designation) ' Article 7 . - The Commissioner of the Agency for Cultural Affairs shall not

make designation mentioned in Article 5, paragraph ( 1 ) unless he recognizes

that the application for such designation meets the following qualifications:

(i) that persons who have such knowledge and experience as meet the conditions provided by Ministry of Education and Science Ordinance are to

- 214 -

conduct program registration business, and that the number of such per

sons is equal to or more than that provided by Ministry of Education and

Science Ordinance;

(ii) that the applicant has a sufficient financial basis and technical capa

bility to conduct properly and smoothly registration business;

(iii) that the applicant is a legal person established under the provisions

of Article 34 of the Civil Law (Law No.89, of 1896) , and that the composi tion of officers or staffs thereof is not likely to harm fair conducting of reg

istration business ;

Civ) that , in case where the applicant conducts business other than regis

tration business, such business shall not lead to unfair conducting of regis

tration business ;

(v) that designation does not hinder a proper and smooth conducting of

registration business .

(Duty to make registration, etc.)

Article 8. - ( I ) In case where program registration is applied for, the desig nated registration organ shall make program registration without delay un

less there are reasonable reasons. (2) The designated registration organ shall, when making program regis

tration, entrust the persons mentioned in item (i) of the preceding Article

(hereinafter referred to as " registrar" ) with the making of registration.

(Duty to make a report on registrations of true names)

Article 9. - The designated registration organ shall, when having made a registration mentioned in Article 75, paragraph ( 1 ) of the Copyright Law,

make a report promptly to the Commissioner of the Agency for Cultural

Affairs on matters necessary for giving public notice mentioned in Article 78,

paragraph (2) of that Law.

(Change of office)

Article 10. - In case where the designated registration organ intends to

change the location of its office where registration business is conducted, it

shall give notice thereof to the Commissioner of the Agency for Cultural

Affairs at least two weeks prior to such change.

- 216 -

(Registration business rules)

Article 11. - ( 1 ) The designated registration organ shall establish rules re

lating to registration business (hereinafter referred to as "registration �busi

ness rules " ) and obtain the approval there:of from the Commissioner of the

Agency for Cultural Affairs . The same shall apply in case where the organ in

tends to amend registration business rules .

(2) Matters to be provided in registration business rules shall be provided

by Ministry of Education and Science Ordinance.

(3) In case where the Commissioner of the Agency for Cultural Affairs rec

ognizes that the approved registration business rules mentioned in paragraph

( 1 ) have become inadequate for fair conducting of registration business, the

Commissioner may order the designated registration organ to amend such

rules .

(Suspension and abolition of registration business) Article 12. - The designated registration organ may not suspend or abolish

the whole or a part of registration business without the permission of the

Commissioner of the Agency for Cultural Affairs .

(Business program, etc.)

Article 13. �-'- (l) The designated registration organ shaill, without :"delay after the designation in case of a busirie

. ss y:ear in which the designation men

tioned in Article 5, paragraph ( 1 ) was made or before the commencement of each business year in case of other business years, prepare a business pro

gram and a revenue and expenditure budget for the business year and obtain

the approval of the Commissioner of the 'Agency for Cultural Affairs. The

same shall apply in.case where the organ intends to amend such program and budget .

(2) The designated registration organ shall, within three months after the

close of each business year, prepare a business report and a report on the set

tlement of accounts for the business year and submit them to the

Commissioner of the Agency for Cultural Affairs.

(Appointment to and removal from office of officers, etc.)

Article 14. - The appointment to and the removal from office of officers and registrars of the designated registration organ shall riot be effective without

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I �

I the approval of the Commissioner of the Agency for Cultural Mfairs. (Order of removal from office)

Article 15 . - In case where an officer or a registar of the designated registra

tion organ violates this Law (including orders issued or measures taken in

accordance with this Law) or the registration business rules, or performs an

act which is considerably inadequate for the registration business, the

Commissioner of the Agency for Cultural Affairs may order the designated

registration organ to remove such officer or registrar from office.

(Duty to keep secrets, etc.)

Article 16. -(1) Any person who is or was an officer or a staff of the desig

nated registration organ shall not leak out any secret which he or she has

come to know in connection with the registration business.

(2) For the application of the penal provisions of the Criminal Code (Law

No.45, of 1907) and the other laws, the officers and the staffs of the desig

nated registration organ who are engaged in the registration business shall be

considered to be an officer engaged in public service by law.

(Adjustment order, etc.)

Article 17. -(1) In case where the Commissioner of the Agency for Cultural Mfairs recognizes that the designated registration organ no longer meets the

qualifications mentioned in items (i) to Eiv) of Article 7 , the Commissioner

may order the designated registration organ to take measures necessary for

meeting such qualifications.

(2) In addition to the order mentioned in the preceding paragraph, the

Commissioner of the Agency for Cultural Affairs may issue to the designated

registration organ other orders necessary for the supervision of the registra

tion business if the Commissioner considers it necessary for the enforcement ·

of this Law.

(Entries in books, etc.)

Article 18. - (1) The designated registration organ shall keep books and

enter into books such matters relating to the regist:ration business as pro

vided by Ministry of Education and Science Ordinance.

(2) The books mentioned in the preceding paragraph shall be preserved as

- 220 -

provided by Ministry of Education and Science Ordinance.

(Report and inspection)

Article 19 . - ( 1 ) To the extent necessary for the enforcement of this Law, the Commissioner of the Agency for Cultural Affairs may order the desig

nated registration organ to make a report on its business or financial situa

tions, or order the staffs of the Agency to enter the office of the designated

registration organ and inspect its business situations or books, documents or

other objects, or to question persons concerned.

(2) The staffs of the Agency who make an inspection in accordance with the

preceding paragraph shall carry with them their identification cards and

show them to persons concerned.

(3) The authority of inspection mentioned in paragraph ( 1 ) shall not be in

terpreted as being given for the purpose of criminal investigation. -

(Annulment of designation, etc.)

Article 20. - In case where the designated registration organ falls within

any of the following items, the Commissioner of the Agency for Cultural

Mfairs may annul the designation, or order a suspension of the whole or a

part of the registration business by fixing a specific term:

(i) where the designated registration organ violates the provisions of

Articles 8 to 10, Article 1 1 , paragraph ( 1 ) , Articles 12 and 13, Article 16,

paragraph ( 1 ) and Article 18 ; -

(ii) where the designated registration organ falls within item (i) or (ii)

of Article 6 ;

(iii) where the designated registration organ conducts the registration

business not in accordance with registration business rules which obtained

the approval mentioned in Article 11 , paragraph ( 1 ) ;

Civ) where the designated registration organ violates an order issued in -

accordance with the provisions of Article 11 , paragraph (3 ) , Article 15 or

Article 17;

(v) where the designated registration organ obtained the designation by

dishonest means.

(Exceptional provisions for hearing procedures)

Article 21 . - ( 1 ) An inquiry to be made on the date for the hearing on the

- 222 -

order of removal from office mentioned in Article 15 or the annulment of des

ignation mentioned in the preceding Article shall be open to the public.

(2) A person who presides over the hearing mentioned in the preceding

paragraph shall, if a person interested in measures taken requests to take

part in such hearing procedures in accordance with the provisions of Article

17 , paragraph ( 1 ) of the Administrative Procedures Law (Law No.88, of 1993) ,

allow such request .

(Conduct of the registration business by the· Commissioner of the Agency

for Cultural Mfairs, etc.)

Article 22. - ( 1 ) In case where the designated registration organ has sus

pended the whole or a part of its registration business with the permission

mentioned in Article 12 , where the Commissioner of the Agency for Cultural

Affairs has ordered the designated registration organ to suspend the whole or

a part of its registration business in accordance with the provisions of Article

20, or where it has become difficult for the designated registration organ to

conduct the whole or a part of its registration business by an act of God or for

other reasons, the Commissioner of the Agency for Cultural Affairs shall

conduct the whole or a part of such registration business by himself if he rec

ognizes it necessary.

(2) In case where the Commissioner of the Agency for Cultural Affairs con

ducts the whole or a part of the registration business by himself in accodance

with the provisions of the preceding paragraph, where the designated regis

tration organ abolishes the whole or a part of its registration business with

the permission mentioned in Article 12 , or where the Commissioner of the

Agency for Cultural Affairs annuls the designation of the designated regis

tration organ in accodance with the provisions of Article 20, the succession of

the registration business and other necessary matters shall be provided by

Ministry of Education and Science Ordinance.

(Complaint against measures, etc. taken by the designated registration

organ)

Article 23. - Any person who has a complaint against a disposal or an

omission thereof made in relation to the registration business conducted by

the designated regi$tration organ, may request the Commissioner of the

Agency for Cultural Affairs an inquiry under the Complaints Against

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Administrative Acts Inquiries Law (Law no. l60, of lHU2) ,

(Public notice)

Article 24. - The Commissioner of the Agency for Culturul Affnh·� t'ltutH give a public notice in the Official Gazette as provided by Minif>ltl')r or Education and Science Ordinance in the following cases :

(i) where the Commissioner has made the designation menlionf!Jd ln Article 5, paragraph ( 1 ) ;

(ii) where a notice is given in accordance with the provisions of Articlo 10 ;

(iii) where the Commissioner has given the permission mentioned in Article 12 ;

(iv) where the Commissioner has annulled the disignation or ordered a

suspension of the whole or a part of the registration business in accordance

with the provisions of Article 21 ;

(v) where the Commissioner intends to conduct the whole or a part of the

registration business by himself in accordance with the provisions of

Article 22, paragraph ( 1 ) , or where he intends to stop the whole or a part of

the registration business conducted by him.

(Fees)

Article 25. - In case where the designated registration organ makes the pro gram registration, a person who intends to apply for the registration shall be

required to pay the designated registration organ a fee, the amount of which

is fixed by Cabinet Order, t aking into account actual cost .

Article 26. - In case :where the designated registration organ conducts the

registration business (excluding a public notice mentioned in Article 4) , , the

provisions of Article 2, paragraph (S) or the preceding Article, or Article 78,

paragraph (4) of the Copyright Law shall not apply if a person required to pay a fee in accordance with these provisions is the State or an independent ad

ministrative organ (designated by Cabinet Order in consideration of the' con

tents of its business or other circumstances) mentioned in Article 2 ,

paragraph (1) of the Law for General Rules for Independent Administrative

Organs (Law No. 103 , of 1999) .

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Article 27. - Fees paid to the designated registration organ in accordance

with the provision of Article 2 , paragraph (3) or Article 25, or Article 78, para- · graph (4) of the Copyright Law shall be the income of that organ.

Article 28. - Other than those provided for in this Chapter, matters neces

sary for the registration business conducted by the designated registration

organ shall be provided by Cabinet Order.

Chapter N Penal Provisions

Article 29. - Any person who violates the provisions of Article 16, para

graph ( 1 ) shall be punishable by imprisonment for a term not exceeding one

year or a fine not exceeding three hundred thousand Yen.

Article 30. - In case where an order of suspension of the registration busi

ness under the provisions of Article 20 is violated, the officer or staff of the

design_ated registration organ who committed the act of violation shall be

punishable by imprisonment for a term not exceeding one year or a fine not

exceeding three hundred thousand Yen.

Article 31. - The officer or staff of the designated registration organ who

committed any of the following acts of violation shall be punishable by a fine

not exceeding two hundred thousand Yen.

(i) where he abolished the whole of the registration business without ob

taining the permission mentioned in Article 12 ;

(ii) where he does not keep books or does not enter necessary matters

into books in violation of the provisions of Article 18, paragraph ( 1 ) , or en

ters false matters into books, or he does not preserve books in violation of

the provisions of paragraph {2) of the same Article ;

(iii) where he does not make a report under the provisions of Article 19 ,

paragraph ( 1 ), or makes a false report, or he refuses, hinders or avoids the

inspection under the same providions, or he does not answer the question

under the same provisions or makes a false answer thereto.

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Supplementary Provisions

(Date of enforcement)

I . - This Law shall come into force on April 1 , 1987 . However, the provi

sions of Articles 5 to 7 , Articles 10 and 11 , Article 13, paragraph ( 1 ) , Articles 14 to 17 , Articles 19 and 20 (except item (iii) ) , Articles 21 , 24 and 29, Article

31 , item (iii) and the next paragraph shall come into force on October 1 , 1986 .

(Transitory measures)

2 . - In case where the designated registration organ was designated before

the date of enforcement of this Law, the organ cannot , notwithstanding the

provisions of Article 5, paragraph ( 1 } , make registration business until that

date of enforcement .

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 on

the day mentioned in each item concerned: (i) , Cii) : [omitted]

Supplementary Provisions (Extract) (Law No.220, of 1999)

Article 1. - This Law (except Article 1) shall come into force as from the

day mentioned in each item concerned :

(i) ,..., (iii) : [omitted]

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\ t

l f i i 1

5. LAW ON INTERMEDIARY BUSINESS CONCERNING

COPYRIGHTS

(Law No.67 , of April 5 , 1939 ,

as amended up to November 12, 1999 by Law No. 160)

Article 1 . - The term "intermediary business concerning copyrights" as

used in this Law shall mean the conduct , as an occupation, of an act of agency

or mediation on behalf of copyright owners regarding contracts for the use of

their works for publication, translation, public performance, broadcasting,

cinematographing, sound recording, or other uses.

It shall be deemed an intermediary business concerning copyrights to ob

tain the transfer of copyrights and conduct , as an occupation, an act of man

aging the copyrighted works in pursuance of a specific object on behalf of

other persons.

The categories of works mentioned in the two preceding paragraphs shall

be determined by imperial ordinance.

Article 2. -Any person who intends to engage in an intermediary business

concerning copyrights shall, in accordance with the provisions of the

Ministry of Education and Science Ordinance, specify the scope of the busi

ness and the methods of conducting it , and obtain permission of the

Commissioner of the Agency for Cultural Mfairs therefor.

Article 3. - A person who has been granted the permission mentioned in the preceding Article (hereinafter referred to as an "intermediary ") shall, in ac

cordance with the provisions of the Ministry of Education and Science

Ordinance, specify the rules relating to the royalty rates for the use of the

works, and obtain the approval of thE:> Commissioner of the Agency for

Cultural Affairs therefor. The same shall apply when the intermediary in

tends to alter the said rules.

Upon receipt of the application for approval mentioned in the preceding

paragraph, the Commissioner of the Agency for Cultural Mfairs shall issue

a public notice giving a summary of the contents of the application.

Any organization formed for the purpose of publishing or public

- 232 -

performance, or any other persons designated by the Ministry of Education

and Science Ordinance, may, within one month after the date of the public no

tice, submit to the Commissioner of the Agency for Cultural Affairs an opin

ion regarding the summarized contents of the application mentioned in the

preceding paragraph.

After the expiration of one month from the date of the public notice, the

Commissioner of the Agency for Cultural Affairs shall, before granting the

approval mentioned in the first paragraph of this Article, consult the Culture

Council. When an opinion has been submitted in accordance with the provi

sions of the preceding paragraph, the said opinion shall be presented to the

Culture Council .

Article 4 . - An intermediary shall obtain the permissiOn of the

Commissioner of the Agency for Cultural Affairs when intending to change

the scope of , or the methods of conducting, the business .

Article 5 . - An intermediary shall submit to the Commissioner of the

Agency for Cultural Affairs business reports and statements of accounting in

accordance with the provisions of the Ministry of Education and Science

Ordinance.

Article 6. - The Commissioner of the Agency for Cultural Affairs may,

whenever he deems it necessary, require an intermediary to report on his busi

ness or to present his books and documents relating thereto.

Article 7. - The Commissioner of the Agency for Cultural Affairs may,

whenever he deems it necessary, cause an official to visit and inspect the of

fice or other place of business of an intermediary, and to investigate the con

dition of his business and assets. In such cases, the official shall , when

carrying out this duty, identify his status.

Article 8. - The Commissioner of the Agency for Cultural Affairs may,

whenever he deems it necessary in view of the condition of the business or as

sets of an intermediary, order the intermediary to change the methods of con

ducting the business, and issue such other orders as may be necessary.

- 234 -

Article 9. - When an intermediary has acted in conl J'llV(mtion of thi8 Lnw or of an order issued under this Law or of a disposition modo undor auch C)l'd<lr. or when he has committed an act prejudicial to the public g·ood :in the conduct of his business, the Commissioner of the Agency for Cultural Affairs may re voke the permission granted him under Article 2, or suspend or restrict the

operation of his business.

Article 10. - Any person who conducts an intermediary business concerning copyrights without the permission mentioned in Article 2 shall be liable to a

fine of not more than 3,000 Yeli .

Article 11. - An intermediary shall be liable to a fine of not more than 1 ,000

Yeli if he - (i) conducts his business beyond the scope for which permission has been

obtained in accordance with the provisions of Article 2 or Article 4 ;

(ii) violates an order of suspension or restriction of his business issued in accordance with the provisions of Article 9 .

Article 12. - An intermediary shall be liable to a fine of not more than 500

Yeti if he - (i) conducts his business by methods not in �onformity with those for

which permission has been obtained in accordance with the provisions of

Article 2 or Article 4 ;

(ii) conducts his business in contravention of the rules relating t o the royalty rates for the use of the works, as approved in accordance with the

provisions of Article 3, paragraph 1 ;

(iii) fails to submit a bus:lness or accounting report mentioned in Article 5 , or makes a false statement therein;

(iv) fails to submit the report or the books and documents mentioned in Article 6, or makes a false statement therein;

(v) violates an order issued under Article 8.

Article 13. - Any person who refuses to permit or who obstructs or evades

the visit and inspection or the examination mentioned in Article 7 shall be li

able to a fine of not more than 500 Yeli .

- 236 -

Article 14. - Whenever an ngenl, n co�lnht\blt,nnt, nn t?lllJ)IfJ',YtJt� '01' ttc� worker of a juridical or nHt urn I puracm httll Ot1fliJrritt�d l! viol«tit:Jf1 1'tl�Yttt.lorn�l in Articles 10 to 12 regard ing· tho bmlino�Jl'l or tiU(lh IHH't\nn, tJw jltid jUI"itUO�tlot natural person shall not bo oxornptnd fJ•oni tho rmrut l ty fll'O#t�FilltJfi (fh thtt ground that the act of v iolation W li S not d i rnctud by him ,

Article 15 . - The penal provisions of Articlos 1 0 l o 1 2 shnll apply lo l.ho di» rector or other officer in charge of the business when tho violntor .is a juridi cal person, and to the legal representative when the violator is a minor or a n incompetent person; provided, that this shall not apply in the case of a minor

who has the legal capacity of an adult regarding the conduct of his business.

Supplementary Provisions

The effective date of this Law shall be prescribed by Imperial Ordinance.

[This Law became effective on December 15, 1939 by Imperial Ordinance

No.834, of December 13, 1939 .]

Any person who has actually conducted an intermediary business concern

ing copyrights, or who has succeeded thereto, before the effective date of this

Law, may, notwithstanding the provisions of Article 2 , continue to conduct

the said business for a period not exceeding three months from the effective

date of this Law.

When the person mentioned in the preceding paragraph has applied for the

permission under Article 2 within the period mentioned in the preceding para

graph, the provisions of the said paragraph shall apply until the permission

is granted or denied.

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 :

(i) , (ii) : [omitted]

- 238 -

* The maximum amount of fines to be imposed was assessed at 2,000 Yen in

accordance with the provisions of Article 2 , paragraph { 1 ) of the Fines

Special Assessment Law (Law No.251 , of 1948) .

- 240 -

COPY R I G HT LAW O F JAPAN

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1f{Jjr�l'\ 7 � 7- -r � ? - 1 1 F TEL: 03 (5353) 6921 FAX : 03 (5353) 6920

U RL http://www.cric.or.jp

Copyright Act (Act No. 84 of May 6, 1970, as amended up to Act No. 56 of May 8, 2000), Japan

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