COPYRIGHT LAW OF JAPAN
February,2001
Copyright Research and Information Center
(CRIC)
COPYRIGHT LAW OF JAPAN
Translated by
Yukifusa OYAMA
et al.
Copyright Research and Information Center
(CRIC)
Copyright Research and Information Center
(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)
Copyright (Property rights)
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)
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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) .
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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·
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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 .)
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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.)
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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) .
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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.
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(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
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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
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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" ;
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(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;
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(c) information which enables to specify matters mentioned in (a) or (b) above in comparison with other information.
(xxii) " this country " means the jurisdiction within which this Law is 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.
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(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;
(c) performances transmitted through the broadcasts mentioned in
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 . ;
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(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
copyright therein.
(3) In the following cases , the author shall be considered to have consented
to the following acts:
(i) where his work which has not yet been made public has been offered
to government organizations ( " government organizations " means those
provided in Article 2, paragraph (1) of the Law for the Disclosure 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
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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- -
f
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
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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
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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
copyright , the copyright is to belong to the National Treasury in accor
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
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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
copyright owner and failed to reach an agreement or that the organization
was unable to enter into negotiations with him.
(2) Works thus broadcast may also be diffused by wire or communicated
publicly by means of a receivil).g apparatus upon payment to the copyright
owner of compensation the amount of which corresponds to an ordinary rate
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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
copyright owner and thereby to manufacture other ·commercial phonograms
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
copyright owner of compensation the amount of which is fixed by 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 ,
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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
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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
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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
copyright, right of publication or neighboring rights, has ordered, at the· re
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,
copyright or neighboring rights (including the rights considered as neigh
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)
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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)
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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
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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
Copyright Law and in which copyright under the old Copyright Law (Law
No.39, of 1899) subsists at the time of coming into force of the Copyright
Law.
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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
the Law for Partial Amendments to the Copyright Law (Law No.87, of 1988;
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
Law for Partial Amendments to the Copyright Law (Law No.64, of 1986) ,
paragraph 2 of the Supplementary Provisions of the Law for Partial
Amendments to the Copyright Law (Law No.43, of 1989 ; hereinafter referred
to as " the Amendments Law of 1989") and paragraph 2 of the Supplementary
Provisions of the Law for Partial Amendments to the Copyright Law (Law
No.63, of 1991 ; in paragraph 4 of the Supplementary Provisions of this Law
referred to as " the Amendments Law of 1991 " ) shall not apply, in case of the
application of the provisions relating to neighboring rights (including the
provisions of Article 95ter, paragraphs {3) and {4) ) of the Copyright Law
amended by the provisions of Article 1 of this Law (hereinafter referred to as
" the new Law " ) to the performances mentioned in Article 7 , item (iv) of the
new Law (excluding those falling within the performances mentioned in
Article 7 , items (i) to (iii) ) which fall within the following performances, or
to the performances mentioned in Article 7 , item (v) of the new Law which
fall within the following performances;
(i) performances which took place in a member of the World Trade
Organization;
- 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
Amendments to the Copyright Law (Law No.87 , of 1988) .
- 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
Copyright Law before amendment subsists at the time of coming into force of
this Law, and the provisions relating to the term of protection for works of
the Copyright Law before amendment shall still apply to photographic works
in which copyright under the Copyright Law before amendment has expired
at the . time of coming into force of this Law.
3. - Where the duration of copyright , in photographic works created before
the enforcement of this Law, under the provisions relating to the term of 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
copyright under the new Law, the duration of copyright in such photographic
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
Copyright Law before amendment shall still apply in accordance with 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.
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(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.
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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.
Copyright in a work jointly produced by two or more persons shall endure
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
copyright provided for in Article 22septies.
In the first paragraph of Article 23, " ten years " shall read for the time
being "thirteen years " .
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-
�..·..:7 · I
I
(Purpose)
2. LAW CONCERNING THE EXCEPTIONAL PROVISIONS
TO THE COPYRIGHT LAW REQUIRED IN CONSEQUENCE
OF THE ENFORCEMENT OF THE UNIVERSAL
COPYRIGHT CONVENTION
(Law No.86, of April 28, 1956, as .amended up to May 8, 2000 by Law No.56)
Article 1 . - The purpose of this Law is to provide, in consequence of the en
forcement of the Universal Copyright Convention, for the exceptional provi
sions to the Copyright Law (Law No. 48, of 1970) .
(Definition)
Article 2. - {1 ) · In this Law, · " the Universal Convention " means the
Universal Copyright Convention.
{2) In this Law, "publication" means the publication as defined in Article
VI' of the Universal Convention: {3) In this Law, "right of translation " means the right of translation as de
fined in Article V of ·the Universal Convention.
(Exceptional provisions for the term of protection of a work)
Article 3. - { 1 ) In cases where an unpublished work of a national of a
Contracting State or a work first published in a Contracting State which is
protected under the Copyright Law in accordance with the provisions of
Article 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
Copyright Law and for an additional period equivalent to that fron:1
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
Copyright Law, a further period of six months shall be added.
(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
register, prepared by means of magnetic tapes.
(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
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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.
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(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
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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
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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
I
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 -
Ii
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