WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACI6N MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/l/JPN/C/llRev.l 
25 February 1998 
(98-0766) 
Original: English! 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Revision 
By means of a communication from its Permanent Mission, dated 25 August 1997, Japan has notified 
a number of amendments to its Copyright Law, by submitting the attached complete text of the Copyright 
Law as amended by Law No. 117 of 1996.1 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTA TIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
Revision 
Par une communication de sa Mission permanente, datee du 25 aout 1997, le Japon a notifie uncertain 
nombre de modifications apportees a sa loi sur le droit d'auteur, en fournissant le texte integral I -reproduit 
ci-apres -de cette loi, telle que modifiee par la Loi n° 117 de 1996. 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL pARRAFO 2 
DEL ARTICULO 63 DEL ACUERDO 
Revision 
Mediante una comunicacion de la Mision Permanente del Japan, de fecha 25 de agosto de 1997, el 
Japan ha notificado varias modificaciones a la Ley de Derecho de Autor, presentando el texto completo de 
dicha Ley, modificada por la Ley N° 117 de 1996.1 
IIn English only.langlais seulement.!En ingles solamente. IP/N/1/JPN/C/lIRev.1 
Page 2 
COPYRIGHT LAW 
(LAW NO.48, promulgated on May 6, 1970) 
This Law is amended on December 17, 1996. 
This Law came into force on March 25, 1997. 
Amended Arlicle 
Chapter 11 
Art i c I e 55(1), (2) 
Art i c I e 5 6 (1) 
Arlicle 57 
Article 58 
Chapler VU 
Article 114bis 
Chapter VI[ 
A r I i cl e 119(i), (ij) 
A r I i c I e 120 
Art i cl e 121 
Ar tic I e 121bis 
A r I i c I e 122 
Supplementary Provisions 
A r I i cl e 2(3)(i) , (ij), (ill) 
(4) 
A r I i cl e 15(1) , (2) 
A r I i cl e 4 (L a w No. 43 o f 1989) Chapter I General Provisions 
Section 1 General Rules 
(Purpose) IP/N/1/JPN/C/1/Rev.l 
Page 3 
Article 1. -The purpose of this Law is. by providing for the rights of 
authors and the rights neighboring thereon with respect to works as well 
as performances. phonograms. broadcasts and wire diffusions. to secure 
the protection of the rights of authors. etc .. having regard to a just 
and fair exploitation of these cultural products. and thereby to 
contribute to the development of culture. 
(Defini tions) 
Article 2. -Cl) In this Law. the following terms shall have the meaning 
hereby assigned to them respectively: 
(i) "work" means a production in which thoughts or sentiments are 
expressed in a creative way and which falls within the literary. 
scientific. artistic or musical domain; 
(ii) "author" means a person who creates a work; 
(iii) "performance" means the acting on stage. dancing. musical 
playing. singing. delivering. declaiming or performing in other ways of 
a work. and includes similar acts not involving the performance of a 
work which have the nature of public entertainment; 
(iv) "performers" means actors. dancers. musicians. singers and other 
persons who give a performance as well as those who conduct or direct a 
performance; IP/N/1/JPN/C/lIRev.1 
Page 4 
(v) "phonograms" means fixations of sounds on phonographic discs, 
recording-tapes and other material forms, excluding those intended for 
use exclusively with images; 
(vi) "producers of phonograms" means those who first fix the sounds 
contained in phonograms; 
(vii) "commercial phonograms" means copies of phonograms made for 
commercial purposes; 
(viii) "broadcasting" means the transmission of radio communication 
intended foi direct reception by the public; 
(ix) "broadcasting organizations" means those who engage in the 
broadcasting business; 
(ixbis) "wire diffusion" means the wire transmission 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; 
ex) "makers of cinematographic works" means those who take the 
initiative 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; 
exter) "data bases" means an aggregate of information such as articles, 
numericals or diagrams, which is systematically constructed so that such 
information can be searched for with the aid of a computer; 
(xi) "derivative work" means a work created by translating, arranging 
musically, transforming, or dramatizing, cinematizing or otherwise 
adapting a pre-existing work; 
(xii) "joint work" means a work created by two or more persons in 
which the contribution of each person cannot be separately exploited; 
(xiii) "sound recording" means the fixation of sounds on some material forms and the multiplication of such fixation; IP/N/1/JPN/C/1/Rev.1 
Page 5 
(xiv) "visual recording" means the fixation of a sequence of images on 
some material forms and the multiplication of such fixation; 
(xv) "reproduction" means the reproduction in a tangible form by means 
of printing, photography, polygraphy, sound or visual recording or 
otherwise; and 
(a) in the case of dramas and other similar dramatic works, it 
includes sound and visual recording of the actings, broadcasts or wire 
diffusions of these works; and 
Cb) in the case of architectural works, it includes the construction 
of an architectural work according to its plan; 
(xvi) "acting" means the performance of works by means other than 
musical playing ("musical playing" includes singing; the same shall 
apply hereinafter); 
(xvii) "wire transmission" means the transmission of wiretele-
communication intended for direct reception by the public, excluding the 
transmission by wire-telecommunication installations one part of 
which is located on the same premises where the other part is located or, 
if the premises are occupied by two or more persons, both parts of 
which are located within the area therein occupied by one person; 
(xviii) "recitation" means the oral communication by means of reading 
or otherwise, not falling within the term "performance"; 
(xix) "cinematographic presentation" means the projection of a 
cinematographic work on the screen or other material forms, and includes 
such an intangible reproduction of sounds fixed in that cinematographic 
work as made in company with its projection; 
(xx) "distribution" means the transfer and lending of copies of a work 
to the public, whether wi th or wi thout payment, and in the case of a 
cinematographic work or a work reproduced therein, it includes the 
transfer and lending of copies of such work for the purpose of making IP/N/1/JPN/C/1/Rev.1 
Page 6 
the cinematographic work available to the public; 
(xxi) "this country" means the jurisdiction within which this Law is 
effective. 
(2) As used in this Law, "artistic work" includes a work of artistic 
craftsmanship. 
(3) As used in this Law, "cinematographic work" includes a work 
expressed by a process producing visual or audio-visual effects 
analogous to those of cinematography and fixed in some material form. 
(4) As used in this Law, "photographic work" includes a work expressed 
by a process analogous to photography. 
(5) As used in this Law, "the public" includes a large number of 
specific persons. 
(6) As used in this Law, "legal person" includes non-juridical 
associations or foundations having representatives or administrators. 
(7) In this Law, "performance" and "recitation" include the performance 
or recitation of a work by means of sound or visual recordings, not 
falling within the term "broadcasting", "wire transmission" or 
"cinematographic presentation", and "performance", "reci tation" and 
"cinematographic presentation" include the communication by means of 
telecommunication installations of performances, recitations or 
cinematograplic presentations of works, not falling within the term 
"broadcasting" or "wire transmission". 
(8) In this Law, "lending" includes any kind of similar acts of making 
acquire an authority to use, whatever may be their purpose or means. 
(9) In this Law, the meanings assigned to the terms defined in paragraph 
(1), items (viii), (ixbis) and (xiii) to (xx) and the preceding two 
paragraphs shall also apply to their variant forms, as the case may be. (Publishing of works) IP/N/1/JPN/C/1/Rev.1 
Page 7 
Article 3. -(1) A work has been ·published" when copies of the work have 
been reproduced and distributed by a person who has the right mentioned 
in Article 21 or with the authorization of such person ("authorization" 
means the authorization to exploit a work under the provision of Article 
63, paragraph Cl); the same shall apply hereinafter in this and the next 
Chapters, except 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 of the work (without prejudice 
to the right of a person who has the right mentioned in Article 26 or 
Article 26bis). 
(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 or Article 26bis in accordance with the 
provision of Article 28). 
(3) A person who would have the right mentioned in any of the preceding 
two paragraphs if this work were protected under this Law or a person 
who obtained the authorization to exploit the work from such person 
shall be considered to be a person who has such right or a person who 
obtained the authorization from such person, and the provisions of these 
paragraphs shall apply with respect to those persons. IP/N/1/JPN/C/1/Rev.1 
Page 8 
(~aking 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 26 or with the authorization of 
such person, by means of performance. broadcasting. wire transmission, 
recitation, exhibition or cinematographic presentation. [n the case of 
architectural works, a work also has been »made public" when it has been 
constructed by a person who has the right mentioned in Article 21 or 
with the authorization of such person. 
(2) A work shall be considered as having been "made public» when its 
translation has been made available to the public by a person who has 
the same rights as those mentioned in Articles 22 to 24 or Article 26 in 
accordance with the provision of Article 28 or with the authorization of 
such person by means of performance, broadcasting, wire transmission, 
recitation or cinematographic presentation. 
(3) An artistic work or a photographic work shall be considered as 
having been "made public» when it has been exhibited, by such a persog 
as mentioned in Article 45, paragraph Cl), in such a manner as provided 
for in that paragraph. 
(4) Works defined in Article 12bis, paragraph (1) shall be considered as 
having been "made public" when such works have been put, by a person 
having the rights mentioned in Article 23, paragraph (1) or with the 
authorization of such person, in such a state that they may be made 
available to the public by means of wire transmission made in response 
to a request from the public. 
(S) A person who would have the right mentioned in paragraph (1) or (2) 
or the preceding paragraph of this Article if his work were protected 
under this Law or a person who obtained the authorization to exploit the 
work from such person shall be considered to be a person who has such 
right or a person who obtained the authorization from such person, and 
the provisions of these paragraphs shall apply with respect to 
those persons. (Priority of international treaty) IP/N/1/JPN/C/1/Rev.l 
Page 9 
Article 5.-If an international treaty provides otherwise with 
respect to the rights of authors and the rights neighboring 
thereon, the provisions thereof shall prevail. 
Section 2 Scope of Application 
(Works) 
Article 6. -The following shall be granted protection under this Law: 
(i) works of Japanese nationals ("Japanese nationals' includes legal 
persons established under the Japanese law and those who have their 
principal offices in this country; the same shall apply hereinafter); 
(ii) works first published in this country, including those first 
published abroad and published in this country within thirty days of 
that first publication; 
(iii) works not falling within those mentioned in the preceding two 
't l.ems. to which Japan has the obligation to grant protection under an 
international treaty. 
(Performances) 
Article 7. -The following shall be granted protection under this Law: 
(i) performances which take place in this country; 
(ii) performances fixed in the phonograms mentioned in item (i) or (ii) 
of the next Article; 
(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 tha 
performers concerned; IP/N/lIJPN/C/1/Rev.1 
Page 10 
(iv) performances transmitted through the wire diffusions mentioned 1n 
each item of Article 9bis, excluding those incorporated in sound or 
visual recordings before the transmission with the authorization of 
the performers concerned; 
Cv) any of the following performances not falling within those 
mentioned in the preceding four items: 
Ca) 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."); 
Cb) performances fixed in the phonograms mentioned in item Ciii) of 
the next Article; 
(c) performances transmitted through the broadcasts mentioned in 
Article g, item Ciii), excluding those incorporated in sound or visual 
recordings before the transmission with the authorization of the 
performers concerned; 
(vi) any of the following performances not falling within those 
mentioned in the preceding five items: 
(a) performances which take place in a member of the World Trade 
Organization; 
Cb) performances fixed in the phonograms mentioned in item Civ) of 
the next Article; 
Cc) performances transmitted through the broadcasts mentioned in 
Article g, item (iv), excluding those incorporated in sound or visual 
recordings before the transmission with the authorization of the 
performers concerned. (Phonograms) IP/NIlIJPN/CIlIRev.1 
Page 11 
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 
country; 
(iii) any of the following phonograms not falling within those 
mentioned in the preceding two items: 
(a) phonograms the producers of which are nationals of any of the 
Contracting States of the Convention for the Protection of Performers, 
etc. ("nationals" includes legal persons established under the law of 
such State and those who have their principal offices in such State; the 
same shall apply hereinafter.); 
Cb) phonograms composed of the sounds which were first fixed in any 
of the Contracting States of the Convention for the Protection of 
Performers, etc.; 
Civ) any of the following phonograms not falling within those 
mentioned in the preceding three items: 
Ca) 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. ); 
Cb) phonograms composed of the sounds which were first fixed in any 
of the members of the World Trade Organization; 
Cv) phonograms not falling 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 121bis, item 
Cii), referred to as "the Phonograms Convention"). IP/N/lIJPN/C/1/Rev.1 
Page 12 
(Broadcasts) 
Article 9. -The following shall be granted protection under this Law: 
(i) broadcasts transmitted by broadcasting organizations of Japanese 
nationality; 
(ii) broadcasts transmitted from transmitters situated in this 
country; 
(iii) any of the following broadcasts not falling within those 
mentioned in the preceding two items: 
(a) broadcasts transmitted by broadcasting organizations who are 
nationals of any of the Contracting States of the Convention for the 
Protection of Performers, etc.; 
(b) broadcasts transmitted from transmitters situated in any of the 
Contracting States of the Convention for the Protection of Performers, 
etc. ; 
(iv) any of the following broadcasts not falling within those 
mentioned in the preceding three items: 
(a) broadcasts transmitted by broadcasting organizations who are 
nationals of any of the members of the World Trade Organization; 
(b) broadcasts transmitted from transmitters situated in any of the 
members of the World Trade Organization. 
(Wire diffusions) 
Article 9bis. -The following shall be granted protection under this Law: 
(i) wire diffusions transmitted by wire diffusion organizations of 
Japanese nationality (excluding those made upon receiving broadcasts; 
the same shall apply in the next item); 
(ii) wire diffusions transmitted from wire transmitters situated in 
this country. Chapter 11 Rights of Authors 
Section 1 Works 
(Classification of works) IP/N/1/JPN/C/1/Rev.1 
Page 13 
Article 10. -(l) 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; 
Cv) 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; 
(ix) program works. 
(2) News of the day and miscellaneous facts having the character of mere 
items of information shall not fall within a term "works" mentioned in 
item (i) of the preceding paragraph. 
(3) The protection granted by this Law to works mentioned in paragraph 
(1), item (ix) shall not extend to any programming language, rule or 
algorithm used for making such works. In this case, the following terms 
shall have the meaning hereby assigned to them respectively: 
(i) "programming language" means letters and other symbols as well as 
their systems for use as means of expressing a program; IP/N/1/JPN/C/1/Rev.1 
Page 14 
(ii) "rule" means a special rule on how to use in a particular program 
a programming language mentioned in the preceding item; 
(iii) "algorithm" means methods of combining, in a program, 
instructions given to a computer. 
(Derivative works) 
Article 11. -The protection granted by this Law to derivative works 
shall not prejudice the rights of authors of pre-existing works. 
(Compilations) 
Article 12. -Cl) Compilations which, by reason of the selection or 
arrangement of their contents, constitute intellectual creations 
shall be protected as independent works. 
(2) The provision of the preceding paragraph shall not prejudice the 
rights of authors of works which form part of compilations defined in 
that paragraph. 
(Data base works) 
Article 12bis. -(1) Data bases which, by reason of the selection or 
systematic construction of information contained therein, constitute 
intellectual creations shall be protected as independent works. 
(2) The provision of the preceding paragraph shall not prejudice the 
rights of authors of works which form part of data bases defined in that 
paragraph. 
(Works not protected) 
Article 13. -The following shall not form the subject matter of the 
rights provided for in this Chapter: 
(i) the Constitution and other laws and regulations; 
(ii) notifications, instructions, circular notices and the like issued by organs of the State or local public entities; IP/NIlIJPN/CIlIRev.1 
Page 15 
CUi) judgments, decisions, orders and decrees of law courts, as well 
as rulings and decisions made by administrative organs in proceedings 
similar to judicial ones; 
(iv) translations and compilations, of those materials mentioned in 
the preceding three items, made by organs of the State or local public 
entities. 
Section 2 Authors 
(Presumption of authorship) 
Article 14. -A person, whose name or appellation (hereinafter referred 
to as "true name"), or whose generally known pen name, abbreviation 
or other substitute for his true name (hereinafter referred to as 
"pseudonym") is indicated as the name of the author in the customary 
manner on the original of his work or when his work is offered to or 
made available to the public, shall be presumed to be the author of that 
work. 
(Authorship of a work made by an employee in the course of his duties) 
Article 15. -Cl) The authorship of a work (except a program work) which, 
on the initiative of a legal person or other em~loyer (hereinafter in 
this Article referred to as "legal person, etc. "), is made by his 
employeein the course of his duties and is made public under the name of 
s u chI e gal per son, e t c . a s the aut h 0 r s h a 11 b eat t rib u t e d tot hat 1 e g a I, 
person, etc., unless otherwise stipulated in a contract, work regulation 
or the like in force at the time of the making of the work. IP/N/lIJPN/C/I/Rev.l 
Page 16 
(2) The authorship of a program work which. on the initiative of a legal 
person. etc. is made by his employee in the course of his duties. shall 
be attributed to that legal person. etc .. unless otherwise stipulated in 
a contract. work regulation or the like in force at the time of the 
making of the work. 
(Authorship of a cinematographic work) 
Article 16. -The authorship of a cinematographic work shall be 
attributed to those who. by taking charge of producing. directing, 
filming, art direction, etc., have contributed to the creation of that 
work as a whole, excluding authors of novels, scenarios. music or other 
works adapted or reproduced in tha t work; provided. however. tha t the 
provision of the preceding Article is not applicable. 
Section 3 Contents of the Rights 
Subsection 1 General Rules 
(Rights of authors) 
Article 17. -(1) The author shall enjoy the rights mentioned in 
paragraph (1) of the next Article, Article 19. paragraph (1) and Article 
20, paragraph (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 formali ty. Subsection 2 Moral Rights 
(Right of making the work public) IP/N/1/JPN/C/1/Rev.1 
Page 17 
Article 18. -(1) The author shall have the rights to offer to and to 
make available to the public his work which has not yet been made public 
(including a work which has been made public without his consent; the 
same shall apply in the next paragraph). The author shall have the same 
right with respect to works derived from his work which has not yet been 
made public. 
(2) In the following cases, the author shall be presumed to have 
consented to the following acts: 
(i) where copyright in his work which has not yet been made public has 
been transferred: the offering to and the making available to the 
public, of the work by exercising the copyright therein; 
(ii) where the original of his artistic or photographic ~ork which has 
not yet been made public has been transferred: the making available to 
the public of the work by exhibiting its original; 
(iii) where the ownership of copyright in his cinematographic work 
belongs to the maker in accordance with the provision of Article 29: 
the offering to and the making available to the public of the work by 
exercising the copyright therein. 
(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 IP/N/1/JPN/C/1/Rev.l 
Page 18 
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 interests of the author in 
his claim to authorship in the light of the purpose and the manner of 
exploiting his work and in so far as such omission is compatible with 
fair practice. 
(Right of preserving the integrity) 
Article 20. -(1) The author shall have the right to preserve the 
integrity of his work and its title against any distortion. mutilation 
or other modification against his will. 
(2) The provision of the preceding paragraph shall not apply to the 
following modifications: 
(i) change of ideographs or words or other modifications deemed 
unavoidable for the purpose of school education in the case of the 
exploitation of works under the provisions of Article 33. paragraph (1) 
(including the case where its application mutatis mutandis is provided 
for under the provision of paragraph (4) of the same Article) and 
Article 34. paragraph Cl); 
(ii) modification of an architectural work by means of extension. 
rebuilding. repairing. or remodeling; 
(iii) modification which is necessary for enabling to use on a 
particular computer a program woik which is oth~rwise unusable on that 
computer. or to make more effective the use of a program work on a 
computer; 
(iv) other modifications not falling within those mentioned in the IP/N/lIJPN/C/lIRev.1 
Page 19 
preceding three items, which are deemed unavoidable in the light of the 
nature of a work as well as the purpose and the manner of exploitation. 
Subsection 3 Rights Comprised in Copyright 
(Right of reproduction) 
Article 21. -The author shall have the exclusive right to reproduce his 
work. 
(Right of performance) 
Article 22. -The author shall have the exclusive right to perform his 
work publicly ("publicly" means for the purpose of making a work seen or 
heard directly by the public; the same shall apply hereinafter). 
(Rights of broadcasting, wire transmission, etc.) 
Article 23. -(1) The author shall have the exclusive rights to broadcast 
and to transmit by wire his work. 
(2) The author shall have the exclusive right to communicate publicly, 
by means of a receiving apparatus, his work broadcast or transmitted by 
wi re. 
(Right of recitation) 
Article 24. -The author of a literary work shall have the exclusive 
right to recite publicly his work. IP/N/1/JPN/C/l/Rev.1 
Page 20 
(Right of exhibition) 
Article 25. -The author of an artistic work or of an unpublished 
photographic work shall have the exclusive right to exhibit publicly the 
original of his work. 
(Rights of cinematographic presentation and distribution) 
Article 26. -(1) The author of a cinematographic work shall have the 
exclusive rights to present publicly his work and to distribute its 
copies. 
(2) The author of a work reproduced in a cinematographic work shall have 
the exclusive rights to present publicly his work and to distribute its 
copies. 
(Right of lending) 
Article 26bis. -The author shall have the exclusive right to offer his 
work (except a cinematographic work) to the public by lending copies of 
the work (excluding copies of a cinematographic work in the case of a 
work reproduced in the cinematographic work). 
(Rights of translation, adaptation, etc.) 
Article 27. -The author shall have the exclusive rights to translate, 
arrange musically, transform, or dramatize, cinematize, or otherwise 
adapt his work. 
(Right of the original author in the exploitation of a derivative work) 
Article 28. -In the exploitation of a derivative work, the author of the 
pre-existing work shall have the same rights as those the author of the 
derivative work has under the provisions of this Subsection. IP/N/1/JPN/C/1/Rev.1 
Page 21 
Subsection 4 Ownership of Copyright in Cinematographic Works 
(Ownership of copyright in cinematographic works) 
Article 29. -(1) Copyright in a cinematographic work. to which the 
provisions of Article 15. paragraph (1). the next paragraph and 
paragraph (3) of this Article are not applicable. shall belong to the 
maker of that work. provided that the authors of the work have 
undertaken to participate in the making thereof. 
(2) In the case of a cinematographic work. which is made by a 
broadcasting organization alone for use exclusively for broadcasting 
purposes and to which the provision of Article 15. paragraph (1) is not 
applicable. the following rights comprised in the copyright therein 
shall belong to that organization as the maker of cinematographic works: 
(i) rights to broadcast that work. and to diffuse by wire and 
communicate publicly by means of a receiving apparatus the work thus 
broadcast; 
(ii) rights to reproduce that work. and to distribute its copies thus 
reproduced among other broadcasting organizations. 
(3) In the case of a cinematographic work. which is made by a wire 
diffusion organization alone for use exclusively for wire diffusion 
purposes and to which the provision of Article 15. paragraph (1) is not 
applicable. the following rights comprised in the copyright therein 
shall belong to that organization as the maker of cinematographic works: 
(i) rights to diffuse by wire that work. and to communicate publicly 
by means of a receiving apparatus the work thus diffused by wire; 
(ii) rights to reproduce that work. and to distribute its copies thus 
reproduced among other wire diffusion organizations. IP/N/1/JPN/C/1/Rev.1 
Page 22 
Subsection 5 Limitations on Copyright 
(Reproduction for private use) 
Article 30. -Cl) It shall be permissible for a user to reproduce by 
himself a work forming the subject matter of copyright (hereinafter in 
this Subsection referred to as a "work") for the purpose of his personal 
use, family use or other similar uses within a limited circle 
(hereinafter referred to as "private use"), except in the case where 
such reproduction is made by means of automatic reproducing machines 
("automatic reproducing machine" means a machine having reproducing 
functions and in which all or main parts of reproducing devices are 
automatic) placed for the use of the public. 
(2) Any person who, for the purpose of private use, makes sound or 
visual recording on such a digital recording medium as specified by 
Cabinet Order by means of such a digital recording machine as specified 
by Cabinet Order (excluding (a) machines having special efficiency 
generally not for private use but for business use, such as that for 
broadcasting, and (b) machines having sound or visual recording 
functions incidental to the primary functions. such as telephones with 
sound recording function) shall pay a reasonable amount of compensation 
to the copyrigh towners 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. IP/N/1/JPN/C/1/Rev.1 
Page 23 
("libraries, etc." in this Article means libraries and other 
establishments, designated by Cabinet Order, having the purpose, among 
others, to offer library materials for the use of the public) in the 
following cases: 
(i) where, at the request of a user and for the purpose of his own 
investigation or research, he is furnished with a single copy of a part 
of a work already made public or of all of an individual work included 
in a periodical already published for a considerable period of time; 
(ii) where the reproduction is necessary for the purpose of preserving 
library materials; 
(iii) where other libraries, etc. are furnished with a copy of library 
materials which are rarely available through normal trade channel 
because the materials are out of print or for other similar reasons. 
(Quotations) 
Article 32. -Cl) It shall be permissible to make Quotations from a work 
already made public, provided that their making is compatible with fair 
practice and their extent does not exceed that justified by purposes 
such as news reporting, criticism or research. 
(2) It shall also be permissible for the press or other periodicals to 
reproduce informatory, investigatory or statistical data, reports and 
other works of similar character which have been prepared by organs of 
the State or local public entities for the purpose of public information 
and which have been made public under their authorship, provided that 
the reproduction thereof is not expressly prohibited. 
(Reproduction in school textbooks, etc.) 
Article 33. -Cl) It shall be permissible to reproduce in school 
textbooks("school textbooks" means textbooks authorized by the Minister 
of Education or those compiled under the authorship of the Ministry of IP/N/lIJPN/C/lIRev.l 
Page 24 
Education 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 nature and the purpose of the work. the ordinary rate of 
royal ty. and other condi tions. 
(3) The Commissioner of the Agency for Cultural Affairs shall announce 
in the Official Gazette the amount of compensation fixed in accordance 
with the provision of the preceding paragraph. 
(4) The provisions of the preceding three paragraphs shall apply mutatis 
mutandis with respect to the reproduction of works in textbooks intended 
for senior high school correspondence courses and in guidance books of 
school textbooks mentioned in paragraph (1) intended for teachers (these 
guidance books shall be limited to those published by the same publisher 
of the textbooks). 
(Broadcasting. etc. in school education programs) 
Article 34. -(1) It shall be permissible to broadcast or diffuse by wire 
a work already made public. in broadcasting programs or wire diffusion 
programs which conform to the curriculum standards provided for in 
regulations on school education. and to reproduce it in teaching 
materials for these programs. to the extent deemed necessary for the 
purpose of school education. 
(2) A person who makes such exploitation of a work shall inform the 
author thereof and pay to the copyright owner a reasonable amount of 
compensa t ion. IP/N/1/JPN/C/1/Rev.1 
Page 25 
(Reproduction in schools and other educational institutions) 
Article 35. - A person who is in charge of teaching in a school or other 
educational 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 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. 
(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. 
(Reproduction in braille, etc.) 
Article 37. -(1) It shall be permissible to reproduce in braille for the 
blind a work already made public. 
(2) For braille libraries and other establishments for the promotion of 
the welfare of the blind, designated by Cabinet Order, it shall be 
permissible to make sound recordings of a work already made public, 
exclusively for the purpose of lending such recordings for the use of 
the bl ind. IP/N/1/JPN/C/1/Rev.1 
Page 26 
(Performance, etc. not for profi t-making) 
Article 38. -Cl) It shall be permissible to publicly perform, recite, 
and present cinematographically a work already made public, for 
non-profit-making purposes and without charging any fees ("fees" 
includes any kind of charge to be imposed on the offering and the making 
available 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 remuneration for such 
performance, recitation or cinematographic presentation. 
(2) It shall be permissible to diffuse by wire a work already broadcast, 
for non-profit-making purposes and without charging any fees to audience 
or spectators. 
(3) It shall be permissible to communicate publicly, by means of a 
receiving apparatus, a work already broadcast or diffused by wire, for 
non-profit-making purposes and without charging any fees to audience or 
spectators. The same shall apply to such public communication made by 
means of a receiving apparatus of a kind commonly used in private homes. 
(4) It shall be permissible to offer to the public a work (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 profi t-making, designated by Cabinet Order, having the purposes, 
among others, to offer cinematographic films and other audiovisual 
materials for the use of the public, it shall be permissible to 
distribute a cinematographic work already made public, by lending copies. 
of the work, without charging any fees to borrowers of such copies. In 
this case, a person who makes such distribution shall pay a reasonable 
amount of compensation to the owner of the right mentioned in Article 26 IP/N/1/JPN/C/1/Rev.1 
Page 27 
(including the owner of the same right as that mentioned in Article 26 
in accordance with the provision of Article 28) with respect to such a 
cinematographic work or a work reproduced in that cinematographic work. 
(Reproduction, etc. of articles on current topics) 
Article 39. -Cl) It shall be permissible to reproduce in the press, 
broadcast and diffuse by wire articles published in newspapers or 
periodicals on current political, economic or social topics, not having 
a scientific character, provided that such reproduction, broadcasting or 
wire diffusion thereof is not expressly prohibited. 
(2) It shall also be permissible to communicate publicly, by means of a 
receiving apparatus, articles thus broadcast or diffused by wire. 
(Exploi tat ion of poli tical speeches, etc.) 
Article 40. -(1) It shall be permissible to exploit, by any means, 
political speeches delivered in public and speeches delivered in the 
course of judicial proceedings (including those corresponding to 
judicial proceedings such as determinations by administrative agencies; 
the same shall apply in Article 42), except such exploitation as 
involves a collection of the works of the same author. 
(2) It shall be permissible to reproduce in the press, broadcast and 
diffuse by wire speeches not falling within the preceding paragraph, 
which are delivered in public by organs of the State or local public 
entities. to the extent justified by the informatory purpose. 
(3) It shall also be permissible to communicate publicly, by means of a 
receiving apparatus, speeches thus broadcast or diffused by wire. IP/NIlIJPN/C/I/Rev.1 
Page 28 
(Reporting of current events) 
Article 41. -For the purpose of reporting current events by means of 
photography. cinematography. broadcasting or otherwise. it shall be 
permissible to reproduce and exploit a work involved in the event or a 
work seen or heard in the course of the event. to the extent justified 
by the informatory purpose. 
(Reproduction for judicial proceedings. etc.) 
Article 42. -It shall be permissible to reproduce a work if and to the 
extent deemed necessary for the purpose of judicial proceedings and of 
internal use by legislative or administrative organs. provided that such 
reproduction does not unreasonably prejudice the interests of the 
copyright owner in the light of the nature and the purpose of the work 
as well as the number of copies and the form of reproduction. 
(Exploi tat ion by means of translation. adaptation. etc.) 
Article 43. -The exploitation of works permitted under the provisions_ 
mentioned below shall include that made by the following means: 
(i) Article 30. paragraph (1) and Articles 33 to 35: translation. 
musical arrangement. transformation. and adaptation; 
(ii) Article 31. item (i). Articles 32. 36 and 37. Article 39. 
paragraph (l). Article 40. paragraph (2) and the preceding two Articles: 
translation. 
(Ephemeral recordings by broadcasting organizations. etc.) 
Article 44. -(1) Broadcasting organizations may make ephemeral sound or. 
visual recordings of a work which they are in a position to broadcast. 
without prejudice to the right of the author mentioned in Article 23. 
paragraph (1). for the purpose of their own broadcasts and by the means IP/N/1/JPN/C/1/Rev.1 
Page 29 
of their own facilities or facilities of other broadcasting 
organizations which are in a position to broadcast the same work. 
(2) Wire diffusion organizations may make ephemeral sound or visual 
recordings of a work which they are in a position to diffuse by wire, 
without prejudice to the right of the author mentioned in Article 23, 
paragraph (1), for the purpose of their own wire diffusions (except 
those made upon receiving broadcasts) and by the means of their own 
facilities. 
(3) It shall not be permissible to preserve such ephemeral recordings 
made in accordance with the provisions of the preceding two paragraphs 
for a period exceeding six months after their making or, if the 
recordings are broadcast or diffused by wire within this period, for a 
period exceeding six months after that broadcasting or wire diffusion; 
provided, however, that such preservation is permi tted if the 
preservation in official archives is authorized by Cabinet Order. 
(Exhibi tion of an artistic work, etc. by the owner of the original 
thereof) 
Article 45. -(1) The original of an artistic work or a photographic work 
may be publicly exhibited by its owner or with his authorization. 
(2) The provision of the preceding paragraph shall not apply with 
respect to the permanent location of the original of an artistic work in 
open places accessible to the public, such as streets and parks, or at 
places easily seen by the public, such as the outer walls of building~. 
(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 falling 
within any of the following items: IP/N/1/JPN/C/1/Rev.1 
Page 30 
(i) multiplication of a sculpture; 
(ii) imitative reproduction of an architectural work; 
(iii) reproduction of a work for the purpose of locating it 
permanently in open places as mentioned in paragraph (2) of the 
preceding Article; 
(iv) reproduction of an artistic work exclusively for the purpose of 
selling its copies. 
(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 
copies or adaptations (including the making copies of a derivative work 
created by means of adaptation) of that work if and to the extent deemed 
necessary for the purpose of exploiting that work on a computer by 
himself, provided that the provision of Article 113. paragraph (2) does 
not apply to the use made of such copies in connection with such 
exploi tation. 
(2) If the owner of copies mentioned in the preceding paragraph has 
ceased to have the ownership of any of copies mentioned in that 
paragraph (including copies made in accordance with the provision of 
that paragraph) for reasons other than those of destruction, he may not 
thereafter preserve other copies in the absence of any declaration of 
the intention of the copyright owner to the contrary. (Indication of sources) IP/N/1/JPN/C/1/Rev.1 
Page 31 
Article 48. -(1) In any of the following cases. the source must be 
clearly indicated in the manner and to the extent deemed reasonable by 
the form of the reproduction or exploitation: 
(i) where reproduction is made of works in accordance with the 
provisions of Article 32 and Article 33. paragraph (1) (including the 
case where its application mutatis mutandis is provided for under the 
provision of paragraph (4) of the same Article) as well as Articles 37. 
42 and 47; 
(ii) where exploitation is made of works in accordance with the 
provisions of Article 34. paragraph (l). Article 39. paragraphs (1) and 
Article 40. paragraphs (1) and (2); 
(iii) where exploitation. other than reproduction. is made of works in 
accordance with the provision of Article 32. and where exploitation is 
made of works in accordance with the provisions of Article 35. Article 
36. paragraph (l). Article 38. paragraph (l) and Articles 41 and 46. 
provided that standard practice so requires. 
(2) When indicating the source under the preceding paragraph. mention 
must be made of the name of the author if it appears on a work. except 
in the case where such indication identifies the author or the work is 
anonymous. 
(3) Where exploitation is made of works by translating. arranging 
musically. transforming or adapting them in accordance with the 
provision of Article 43. mention must also be made of the source as 
provided for in the provisions of the preceding two paragraphs. 
(Uses. etc. of copies for other purposes) 
Article 49. -(1) The following acts shall be considered to constitute 
the reproduction as mentioned in Article 21: IP/N/1/JPN/C/l/Rev.l 
Page 32 
(i) the distribution of copies of works made in accordance with the 
provisions of Article 30. paragraph (1). Article 31. item (i). Article 
35. Article 37. paragraph (2). as well as Articles 41 and 42 and Article 
44. paragraphs (1) and (2). and the makin~ 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 
organizations. of ephemeral recordings in violation of the provision of 
Article 44. paragraph (3); 
(iii) the distribution of copies of works (excluding copies falling 
within those mentioned in ite[ (ii) of the next paragraph) made in 
accordance with the provision of Article 47bis, paragraph (l). and the 
making available to the public of works by the use of these copies; 
(iv) the preservation of copies mentioned in Article 47bis. paragraph 
(2) in violation of that paragraph (excluding copies falling within 
those mentioned in item (ii) of the next paragraph). 
(2) The following acts shall be considered to constitute the translation. 
musical arrangement. transformation or adaptation as mentioned in 
Article 27 with respect to pre-existing works of derivative w~rks 
concerned: 
(i) the distribution of copies of derivative works made in accordance 
with the provisions of each item of Article 43 and 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 (2) and Articles 
41 and 42; 
(ii) the distribution of copies of derivative works made in accordance. 
with the provision of Article 47bis. paragraph Cl) and the making 
available to the public of derivative works by the use of these copies; IP/N/lIJPN/CIlIRev.1 
Page 33 
(iii) the preservation of copies mentioned in the preceding item in 
violation of the provision of Article 47bis, paragraph (2). 
(Relationship with moral rights) 
Article 50. -No provisions of this Subsection may be interpreted as 
affecting the protection of the moral rights of the author. IP/N/1/JPN/C/1/Rev.1 
Page 34 
(In general) Section 4 Term of Protection 
Article 51. -(1) The duration of copyright shall begin wi th 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 surviving co-author in the case of a joint work; 
the same shall apply in paragraph 0) 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 yearsfo 
llowing the making 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 considered 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 following cases: 
(i) where the pseudonym adopted by the author is generally 
known as that of his own; 
(it) where, within the period mentioned in the preceding 
paragraph, the author causes his true name to be registered in 
accordance wi th the provision 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 IP/N/1/JPN/C/1/Rev.1 
Page 35 
his true name or generally known pseudonym as the name of the author. 
(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 person or other corporate body, has 
afterwards made public the work on which he indicates his true name 
or generally known pseudonym as the name 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 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) When copyright in a cinematograph~c work has expired at the end 
of its duration, copyright subsisting. i~ the original works adapted IP/N/lIJPN/C/1/Rev.l 
Page 36 
cinematographically 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 
copyright in cinematographic works. 
Article 55. -[Deleted] 
(The time when serial publications, etc. have been made public) 
Article 56. -(1) In Article 52, paragraph (1), Article 53, paragraph 
(1), and Article 54, paragraph (1), the time when works have been 
made public shall be determined by the making public of each volume, 
issue or installment in the case of works which are made public in 
regularly succeeding volumes, issues of 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 parts, the last 
part already made public shall be considered 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 author'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 date when such event occurred. IP/N/1/JPN/C/1/Rev.1 
Page 37 
(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 member of the International Union established by the Berne 
Convention for the Protection of Literary and Artistic Works or a 
foreign country member of the World Trade Organization in accordance 
with the provisions of this Convention 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 prejudicial to the moral rights of the author if he 
were alive; provided, however, 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. IP/N/lIJPN/CIlIRev.1 
Page 38 
Section 6 Transfer and Expiry of Copyright 
(Transfer of copyright) 
Article 61. -(1) Copyright may be transferred in whole or in part. 
(2) Where a contract for the transfer of copyright makes no 
particular reference to the rights mentioned in Articles 27 and 28, 
these rights shall be presumed to be reserved to the transferor. 
(Expiry of copyright in the case where no heirs exist, etc.) 
Article 62. -(1) Copyright shall expire in the following cases: 
(i) where, after the author's death, the copyright is to belong to 
the National Treasury in accordance with the provision of Article 
959 of the Civil Code (Law No. 89, of 1896); 
(ii) where, after the dissolution of a legal person who is the 
owner of copyright, the copyright is to belong to the National 
Treasury in accordance with the provision of Article 72, paragraph 
(3) of the Civil Code or the provisions of other similar laws. 
(2) The provision of Article 54, paragraph (2) shall apply mutatis 
mutandis in the case where copyright in cinematographic works has 
expired through the operation of the preceding paragraph. IP/N/l/JPN/C/1/Rev.1 
Page 39 
Section 7 Exercise of Rights 
(Authorization to exploit works) 
Article 63. -(1) The copyright owner may grant another person 
authorization to exploit the work. 
(2) Any person who obtained such authorization shall be entitled to 
exploit the work in the manner and to the extent so authorized. 
(3) The right of exploitation thus authorized may not be transferred 
without the consent of the copyright owner. 
(4) Unless otherwise stipulated in a contract, the authorization to 
broadcast or diffuse by wire a work shall not imply the 
authorization to make sound or visual recordings of the work. 
(Exercise of moral rights of co-authors) 
Article 64.-(1) Moral rights of co-authors of a joint work may not 
be exercised 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 person. 
(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 Mjoint copyrightM) shall not be entitled to transfer or pledge IP/N/1/JPN/CllIRev.1 
Page 40 
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 
reasonable 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 joint 
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 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 (including counter-value for the establishment of the 
right of pUblication), provided that payment or delivery is preceded 
by the seizure of the right to receive money or the like mentioned 
above. IP/N/1/JPN/C/1/Rev.1 
Page 41 
Section 8 Exploitation of Works under Compulsory License 
(Exploitation of works in the case where the copyright owner thereof 
is unknown) 
Article 67.-(1) Where a work has been made public, or where it is 
clear that it has been offered to or made available to the public 
for a considerable period of time, the work may be exploited under 
the authority of a compulsory 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 ordinary rate of royalty, 
provided that, after "the due diligence, the copyright owner cannot 
be found for the reason that he is unknown or for other reasons. 
(2) Copies of the work reproduced in accordance with the provisio~ 
of the preceding paragraph must bear an indication to the effect 
that the reproduction 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 
broadcasting 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 IP/N/1/JPN/C/1/Rev.1 
Page 42 
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 receiving apparatus upon payment 
to the copyright owner of compensation the amount of which 
corresponds to an ordinary rate 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 country and after the expiration of a period of three 
years from the date of that first sale, a person who intends to make 
a sound recording of a musical work already recorded on such 
phonograms with the authorization of the copyright owner and thereby 
to manufacture other commercial phonograms may make that recording 
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 person requested the authorization to make a 
sound recording of the work from the copyright owner 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) 
Ar,ticle 70. -(1) Applicants for a license mentioned in Article 67, 
paragraph (1), Article 68, paragraph (1) or the preceding Article 
shall pay application fee, the amount of which shall be fixed by 
Cabinet Order, taking into account actual cost. IP/N/1/JPN/C/1/Rev.1 
Page 43 
(2) 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. 
(3) Even upon receipt of an application for a license mentioned in 
Article 67, 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 intention 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). 
(4) The Commissioner of the Agency for Cultural Affairs shall, when 
intending 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 position and furnishing evidence 
favorable to him. The Commissioner shall, when refusing to issue 
such license, notify the applicant of such refusal in writing accomp 
anied by the reason there for. 
(5) The Commissioner of the Agency for Cultural Affairs shall, upon 
issuing 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, paragraph (l) or the preceding Article, 
notify the parties concerned thereof. 
(6) Other than those provided for in the preceding paragraphs, 
necessary matters in connection with the licenses mentioned in this 
Section shall be provided by Cabinet Order. IP/N/lIJPN/C/lIRev.1 
Page 44 
Section 9 Compensation 
(Consultation with the Copyright Council) 
Article 71.-The Commissioner of the Agency for Cultural Affairs 
shall, when fixing the amount of compensation mentioned in Article 
:3:3, 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, paragraph (1), Article 68, paragraph (1), 
and Article 69, consult with the Copyright Council. 
(Dissatisfaction with the amount of compensation fixed) 
Article 72.-(1) The parties concerned who are dissatisfied with the 
amount of compensation fixed in accordance with the provision of 
Article 67, paragraph (1), Article 68, 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 provisions. 
(2) In an action under the preceding paragraph, the copyright owner 
shall be a defendant in the case where a person who brings the 
action is the user 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. 160, of 1962) to a license 
issued in accordance with the provision of Article 67, paragraph (1), IP/N/lIJPN/CIlIRev.1 
Page 45 
Article 68, paragraph (l) or Article 69, the dissatisfaction with 
the amount of the compensation fixed shall not constitute 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 (l) cannot bring an action mentioned in paragraph (l) 
of the preceding Article because the copyright owner is unknown or 
for other similar reasons. 
(Deposit of compensation) 
Article 74.-(1) A person who is liable to pay 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 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 fault 
on the part of the above-mentioned person; 
(iii) where that person brings an action mentioned in Article 72, 
paragraph (1) with respect to the amount of the compensation; 
(iv) where the right of pledge has been established on the 
copyright (except 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, 
pa~ the sum according to his estimate and deposit the balance 
between his estimate and the amount of the compensation fixed. 
(3) The deposit of a compensation under the provisions of Article 67, 
paragraph (1) or (2) shall be made at a deposit office conveniently IP/N/lIJPN/C/lIRev.1 
Page 46 
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 can 
not 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 publication, etc.) 
Article 76.-(1) The copyright owner as well as the publisher of an 
anonymous 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) IP/N/lIJPN/CIlIRev.1 
Page 47 
Article 76bis.- (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 which the date of creation is registered in 
accordance" wi th the preceding paragraph shall be presumed to have 
been created on the date registered. 
(Registration of copyright) 
Article 77.-The following matters shall not be effective against 
any third party without registration thereof: 
0) the transfer (except that by inheri tance or other success ions 
in general; 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. -(l) The registrations mentioned in Article 75, 
paragraph (l), Article 76, paragraph (1), Article 76bis, 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 
having made a registration mentioned in Article 75, paragraph (I), 
give public notice thereof in the Official Gazette. 
(3) Any person may demand of the Commissioner of the Agency for 
Cultural Affairs the delivery of a certified copy or a certified IP/N/lIJPN/CIlIRev.l 
Page 48 
abstract of entries in the copyright register or the opportunity 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 provisions of Chapters 11 and III of the Administrative 
Procedures Law (Law No.88, of 1993) shall not apply to measures 
taken in connection with registrations mentioned in paragraph (1). 
(6) Other than those provided for in this Section, necessary matters 
in connection with registrations mentioned in paragraph (1) shall be 
provided by Cabinet Order. 
(Exceptional provision for the registration of program works) 
Article 78b1s.- Other than those provided for in this Section, 
matters relating to the registration of program works shall be 
provided by another law. Chapter III Right of Publication 
(Establishment of the right of publication) IP/N/lIJPN/C/lIRev.1 
Page 49 
Article 79. -(1) The owner of the right mentioned in Article 21 
(hereinafter in this Chapter referred to as "the owner of reproduction 
right") may establish the right of publication in favour of a person who 
undertakes to publish the work in a writing or a printing. 
(2) The owner of reproduction right may establish the right of 
publication only with the authorization of the pledgee if the right of p 
ledge is established on the reproduction right. 
(Contents of the right of publication) 
Article 80. -(l) The owner of the right of publication shall, as 
stipulated in the contract of establishment, have the exclusive right 
to reproduce the original text of the work, on which the right of 
publication is established, in a writing or a printing by means of 
typography or other mechanical or chemical processes for the purpose of 
distribution. 
(2) If the author of the work dies within the duration of the right of 
publication or, after three years have passed from the first publication 
following the establishment of the right of publication, unless 
otherwise stipulat~d in the contract of establishment. the owner of 
reproduction right may, notwithstanding the provision of the preceding 
parairaph, reproduce the work in a complete collection of works or other 
compilations comprising only the works of the same author. IP IN I lIJPN/CI lIRev.1 
Page 50 
(3) The owner of the right of publication may not authorize any third 
person to reproduce the work on which the right of publication is 
establ ished. 
(Obligation of publication) 
Article 81. -Unless otherwise stipulated in the contract of 
establishment, the owner of the right of publication shall have the 
following obligations: 
(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 originals or those corresponding thereto which are necessary for 
the reproduction of the work; and 
(ii) to publish the work continuously in conformity with business 
practice. 
(Alterations, additions or deletions in works) 
Article 82. -(l) 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 
thre~ years from the first publication after the establishment of the 
right, unless otherwise stipulated in the contract of establishment. (Request to terminate the right of publication) IP/N/1/JPN/CIlIRev.1 
Page 51 
Article 84. -(1) When the owner of the right of publication has not 
discharged his obligation mentioned in Article 81. item (D, the owner 
of reproduction right may terminate the right of publication by 
notifying the owner thereof. 
(2) When the owner of the right of publication has not discharged his 
obligation mentioned in Article 81. item (ii), the owner of reproduction 
right may terminate the right of publication by notifying the owner 
thereof, provided that the owner of reproduction right has called upon 
the owner of the right of publication to discharge his obligation within 
a period exceeding three months, and that the owner of the right of 
publication has not discharged his obligation within that period. 
(3) When the belief of the author who has the reproduction right in his 
work differs from the content of the work, he may terminate the right of 
publication by notifying the owner of the right of publication in order 
to halt forever the publication of the work, provided that he makes 
compensation in advance for damages usually caused to the owner of the 
right of publication by such termination. 
(Distribution of copies of a work after the termination of the right of 
publication) 
Article 85. -Cl) After the termination of the right of publication 
because of the expiration of the duration of the right or for other 
reasons, the co-owner of the right may not distribute the copies of the 
work reproduced within the duration of the right, except in the 
following cases: 
Ci) where otherwise stipulated in the contract of establishment; 
Ci{) where he has already paid royalties or other remunerations to the 
owner of reproduction right within the duration of the right of 
publication, and he distributes copies corresponding to such payment. IP/N/lIJPN/C/1/Rev.1 
Page 52 
(2) The distribution of copies made in violation of the provisions of 
the preceding paragraph shall be considered to constitute the 
reproduction mentioned in Article 21 or Article 80. paragraph (1). 
(Limitation on the right of publication) 
Article 86. -(1) The provisions of Article 30. paragraph (l). Articles 
31 and 32. Article 33. paragraph (1) (including the case where its 
application mutatis mutandis is provided for under the provision of 
paragraph (4) of the same Article). Article 34. paragraph (1). Article 
35. Article 36. paragraph (l). Article 37. paragraph (l). Article 39. 
paragraph 0). Article 40. paragraphs (1) and (2). and Articles 41. 42. 
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 Cl). Article 31. item (i) or Article 35. 41 or 42 which apply 
mutatis mutandis in the preceding paragraph. for purposes other than 
those mentioned in these provisions, shall be considered to constitute 
the reproduction as mentioned in Article 80. paragraph (1). 
(Transfer. etc. of the right of publication) 
Article 87. -The right of publication may be transferred or pledged only 
with the authorization of the owner of reproduction right. 
(Registration of the right of publication) 
Article 88. -(1) The following matters shall not be effective against 
any third party without the registration thereof: 
(i) the establishment. transfer (except that by inheritance or other IP/N/1/JPN/C/lIRev.1 
Page 53 
success ions in general; the same shall apply in the next item), 
alteration or expiry (except because of the merger, or because of the 
expiry of the reproduction right), or the restriction on the disposal of 
the right of publication; 
(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 disposal of the right of pledge established on the 
right of publication. 
(2) The provision of Article 78 (except paragraph (2» shall apply 
mutatis mutandis to the registration mentioned in the preceding 
paragraph. In this case, "the copyright register" shall read "the 
register of the right of publication", IP/N/1/JPN/C/lIRev.l 
Page 54 
(Neighboring rights) Chapter IV Neighboring Rights 
Section 1 General Rules 
Article 89. -(1) Performers shalr enjoy the rights mentioned in Article 
91. paragraph (l). Article 92. paragraph (l) and Article 95bis, 
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 95bis. paragraph (3). 
(2) Producers of phonograms shall enjoy the rights mentioned in Article 
96 and Article 97bis. paragraph (1) as well as the right to secondary 
use fees mentioned in Article 97. paragraph (1) and the right to 
remuneration mentioned in Article 97bis. paragraph (3). 
(3) Broadcasting organizations shall enjoy the rights mentioned in 
Articles 98 to 100. 
(4) Wire diffusion organizations shall enjoy the rights mentioned in 
Articles 100bis to lOOquater. 
(5) The enjoyment of the rights referred to in any of the preceding 
paragraphs shall not be subject to any formality. 
(6) The rights referred to in paragraphs (1) to (4) (except the right to 
secondary use fees and the right to remuneration referred to in 
paragraphs (1) and (2)) shall be called "neighboring rights", (Relationship with the rights of authors) IP/N/1/JPN/C/1/Rev.1 
Page 55 
Article 90. -No provisions in this Chapter may be interpreted as 
affecting the protection of the rights of authors. 
Section 2 Rights of Performers 
(Right of making sound or visual recordings) 
Article 91. -(l) Performers shall have the exclusive right to make sound 
or visual recordings of their performances. 
(2) The provision of the preceding paragraph shall not apply to 
performances which have been incorporated in cinematographic works with 
the authorization of the owner of the right mentioned in the same 
paragraph (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 transmission) 
Article 92. -(1) Performers shall have the exclusive rights to broadcast 
and to transmit by wire their performances. 
(2) The provision of the preceding paragraph shall not apply in the 
following cases: 
ei) where the wire diffusion is made of performances already 
broadcast; 
(ii) where the broadcasting takes place of, or the wire transmission 
is made of the following: IP/N/lIJPN/C/1/Rev.1 
Page 56 
(a) performances incorporated in sound or visual recordings with the 
authorization of the owner of the right mentioned in paragraph (1) of 
the preceding Article; 
(b) performances mentioned in paragraph (2) of the preceding Article 
and incorporated in recordings other than those mentioned in that 
paragraph. 
(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 paragraph (1) of the preceding Article, may 
make sound or visual recordings of such performances for broadcasting 
purposes, provided that the contract has no stipulation to the contrary 
or that the sound or visual recordings are not intended for the purpose 
of use in broadcasting programs different from those authorized. 
(2) The following shall be considered to constitute the making of sound 
or visual recordings mentioned in Article 91, paragraph (1): 
(i) the use and the offering of sound or visual recordings made in 
accordance with the provision of the preceding paragraph for a purpose 
other than that of broadcasting or for the purpose mentioned in the 
proviso to the same paragraph; 
(ii) the further offering, by broadcasting organizations which have 
been offered such recordings, of sound or visual recordings made in 
accordance with the provision of the preceding paragraph, to other 
broadcasting organizations for their broadcasting. 
(Broadcasting of fixations, etc. made for broadcasting purposes) 
Article 94. -(1) Unless otherwise stipulated in the contract, the 
authorization to broadcast a performance from the owner of the right 
mentioned in Article 92, paragraph (1) shall also imply the following: IP/N/1/JPN/C/1/Rev.1 
Page 57 
(i) broadcasting by the authorized broadcasting organization of the 
performances incorporated in sound or visual recordings in accordance 
with the provision of paragraph (1) of the preceding Article; 
(ii) broadcasting, of the performances incorporated by the authorized 
broadcasting organization in sound or visual recordings in accordance 
with the provision of paragraph (1) of the preceding Article, by another 
broadcasting organization which has been offered such recordings; 
(iii) broadcasting (not falling within the preceding item), by another 
broadcasting organization which has been offered by the authorized 
broadcasting organization programs incorporating authorized performances, 
of such performances. 
(2) When a broadcasting mentioned in any of the items of the preceding 
paragraph has been made, the authorized broadcasting organization 
mentioned therein shall pay a reasonable amount of remuneration to the 
owner of the right mentioned in Article 92, paragraph (1). 
(Secondary use of commercial phonograms) 
Article 95. -(1) When broadcasting organizations and wire diffusion 
organizations (hereinafter in this Article and Article 97, paragraph (1) 
referred to as "broadcasting organizations, etc".) have broadcast or 
diffused by wire commercial phonograms incorporating performances with 
the authorization of the owner of the right mentioned in Article 91, 
paragraph (1) (except broadcast or wire diffusion made upon receiving 
such broadcasts or wire diffusions), they shall pay secondary use fees 
to the performers whose performances (which are mentioned in Article 7, 
items (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 IP/N/1/JPN/C/1/Rev.1 
Page 58 
which are nationals of any of the Contracting States of the Convention 
for the Protection of Performers, etc. which has made a declaration 
under the relevant provisions of that Convention stating that it will 
not apply the provisions of Article 12 of that Convention. 
(3) If the term of the protection provided for in the provisions of 
Article 12 of the Convention for the Protection of Performers, etc. 
which is granted by a Contracting State of that Convention with respect 
to phonograms mentioned in Article 8, item (i) is shorter than that for 
which performers are granted the protection under the provisions of 
paragraph (1), the term for which performers, whose performances are 
fixed in phonograms the producers of which are nationals of that State, 
are granted the protection under the provisions of that paragraph shall 
be that of the protection provided for in the provisions of Article 12 
of that Convention which is granted by that State with respect to 
phonograms mentioned in Article 8, item (i). 
(4) Where there is an association (including a federation of 
associatio~s) 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 the paragraph (1) shall be 
exercised exclusively through the intermediary of such association. 
(S) 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 
business of exercising the right on behalf of the owners of the right to 
secondary use fees mentioned in paragraph (1) (hereinafter in this IP/N/1/JPN/CIlIRev.1 
Page 59 
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. 
(S) As provided by Cabinet Order. the Commissioner of the Agency for 
Cultural Affairs may ask such association to report on their business 
concerning secondary use fees mentioned in paragraph (1) or to submit 
account books. documents and other data. or make necessary 
recommendations for improving in a manner of practising business. 
(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 
paragraph (4) shall be fixed each year by mutual agreement between such 
association 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 (2). (5) and (6) as well 
as Articles 71 to 74 shall apply mutatis mutandis to the ruling and 
secondary use fees mentioned in the preceding paragraph. In this case. 
"the copyright owner" in Article 70. paragraph (2) 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 Cl)". "the copyright owner" in the same paragraph shall read 
"~he association mentioned in paragraph (4) of the same Article". and 
"the copyright owner" in Article 74 shall read "the association 
mentioned in Article 95. paragraph (4)". IP/N/1/JPN/C/1/Rev.1 
Page 60 
(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 mentioned in paragraph (9) and to acts 
made 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 lending. etc.) 
Article 95bis. -(1) Performers shall have the exclusive right to offer 
their performances to the public by lending commercial phonograms 
incorporating their performances. 
'(2) The provision of the preceding paragraph shall not apply to the 
lending of commercial phonograms going beyond a period as provided by 
Cabinet Order within the limits of one to twelve months from the first 
sale of such phonograms (including commercial phonograms containing the 
same phonograms as those incorporated in such commercial phonograms; 
hereinafter referred to as "commercial phonograms going beyond the 
period"). 
(3) When those who engage in business of lending commercial phonograms 
to the public (hereinafter referred to as "commercial phonograms 
lenders") have offered performances to the public by lending commercial 
phonograms going beyond the period. they shall pay a reasonable amount 
of remuneration to the performers whose performances (in which 
neighboring rights subsist) are incorporated in such phonograms. 
(4) The provisions of the preceding Article. paragraphs (4) to (13) 
shall apply mutatis mutandis to the right to remuneration mentioned in 
the preceding paragraph. In this case. "broadcasting organizations. IP/N/1/JPN/C/1/Rev.1 
Page 61 
etc." in paragraph (9) of the same Article and "broadcasting 
organizations, etc. mentioned in Article 95, paragraph Cl)" in paragraph 
(11) of the same Article shall read "commercial phonograms lenders 
mentioned in Article 95bis, paragraph (3)." 
(5) The right to royalty with respect to authorization given by owners 
of the right mentioned in paragraph (1) may be exercised through the 
intermediary of the association, mentioned in the preceding Article, 
paragraph (4) which shall apply mutatis mutandis in the preceding 
paragraph. 
(6) The provisions of the preceding Article, 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. 
Section 3 Rights of Producers of Phonograms 
(Right of reproduction) 
Article 96. -Producers of phonograms shall have the exclusive right to 
reproduce their phonograms. 
(Secondary use of commercial phonograms) 
Article 97. -0) When broadcasting organizations, etc. have broadcast or 
diffused by wire commercial phonograms (except broadcast or wire 
diffusion made upon receiving such broadcasts or wire diffusions), they 
shall pay secondary use fees to the producers whose phonograms (which 
a~e 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 IP/N/lIJPN/C/lIRev.1 
Page 62 
mutandis to the producers of phonograms mentioned in the preceding 
paragraph, and the provisions of paragraph (3) of the same Article shall 
apply mutatis mutandis to the term of the protection provided for in the 
preceding paragraph. In this case, ·performers whose performances are 
fixed in phonograms the producers of which are nationals" in paragraphs 
(2) 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 Cultural Affairs, the 
right to secondary use fees mentioned in paragraph (1) shall be 
exercised exclusively through the intermediary of such association. 
(4) The provisions of Article 95, paragraphs (5) to (13) shall apply 
mutatis mutandis to secondary use fees mentioned in paragraph (1) and_to 
the association mentioned in the preceding paragraph. 
(Right of lending, etc.) 
Article 97bis. -Cl) Producers of phonograms shall have the exclusive 
right to offer their phongrams to the public by lending commercial 
phonograms in which their phonograms are reproduced. 
(2) The provision of the preceding paragraph shall not apply to the 
lending of commercial phonograms going beyond the period. 
(3) When commercial phonograms lenders have offered phonograms to the 
public by lending commercial phonograms going beyond the period, they 
shall pay a reasonable amount of remuneration to the producers whose 
phonograms (in which neighboring rights subsist) have been so offered to 
the public. IP/N/1/JPN/C/1/Rev.1 
Page 63 
(4) The provision of the preceding Article. paragraph (3) shall apply 
mutatis mutandis to the exercise of the right to remuneration mentioned 
in the preceding paragraph. 
(5) The provisions of Article 95. paragraphs (5) to (13) shall apply 
mutatis mutandis to remuneration mentioned in paragraph (3) of this 
Article and to associations. mentioned in the preceding Article. 
paragraph (3) which shall apply mutatis mutandis in the preceding 
paragraph. In this case. the provision of the first sentence of Article 
95bis. paragraph (4) shall apply mutatis mutandis. 
(6) The right to royalty with respect to 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 the preceding 
Article. paragraph (3) which shall apply mutatis mutandis in paragraph 
(4) of this Article. 
(7) The provision of paragraph (5) of this Article shall apply mutatis 
mutandis in the preceding paragraph. In this case. "Article 95. 
paragraph (5)" in paragraph (5) shall read" Article 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 visual recordings of their broadcasts or those diffused 
by wire from such broadcasts. and to reproduce by means of photography 
or other similar processes the sounds or images incorporated in these 
broadcasts. IP/N/1/JPN/C/1/Rev.1 
Page 64 
(Rights of rebroadcasting and wire diffusion) 
Article 99. -(1) Broadcasting organizations shall have the exclusive 
rights to rebroadcast and to diffuse by wire their broadcasts. 
(2) The provision of the preceding paragraph shall not apply to the wire 
diffusion which is made by a person who is required to do so under the 
provisions of laws and regulations. 
(Right of communication of television broadcasts) 
Article 100. -Broadcasting organizations.shall have the exclusive right 
to communicate to the public their television broadcasts or those 
diffused by wire from such broadcasts, by means of a special instrument 
for enlarging images. 
Section 5 Rights of Wire Diffusion Organizations 
(Rights of reproduction) 
Article 100bis. -Wire diffusion organizations shall have the exclusive 
rights to make sound or visual recordings of their wire diffusions, and 
to reproduce by means of photography or other similar processes the 
sounds or images incorporated in their wire diffusions. 
(Rights of broadcasting and wire rediffusion) 
Article lOOter. -Wire diffusion organizations shall have the exclusive 
rights to broadcast and to rediffuse by wire their wire diffusions. IP/N/1/JPN/C/1/Rev.1 
Page 65 
(Right of communication of wire television diffusions) 
Article 100quater. -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 
following 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; 
(iv) 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. -Cl) The provisions of Article 30, paragraph (1), Articles 
31. 32, 35 and 36, Article 37, paragraph (2), Article 38, paragraphs (2)· 
and (4) and Articles 41, 42 and 44 (except paragraph (2» shall apply 
mutatis mutandis to the exploitation of performances, phonograms, 
broadcasts or wire diffusions which are the subject matter of IP/N/1/JPN/C/lIRev.1 
Page 66 
neighboring rights. the provision of Article 30. paragraph (2) shall 
apply mutatis mutandis to the exploitation of performances or phonograms 
which are the subject matter of neighboring rights. and the provision of 
Article 44. paragraph (2) shall apply mutatis mutandis to the 
exploitation of performances. phonograms or wire diffusions which are 
the subject matter of neighboring rights. In this case. "Article 23. 
paragraph Cl)"in Article 44. paragraph (1) shall read "Article 92. 
paragraph (l). Article 99. paragraph (l) or Article lOOter". and 
"Article 23. paragraph(l)" in Article 44. paragraph (2) shall read 
"Article 92. paragraph Cl) or Article lOOter". 
(2) Where reproduction is made of performances. phonograms. sounds or 
images already broadcast or diffused by wire (hereinafter referred to as 
"performances. etc.") in accordance with the provisions of Article 32. 
Article 37. paragraph (2) or Article 42 which apply mutatis mutandis in 
the preceding paragraph. the source must be clearly indicated in the 
manner and to the extent deemed reasonable by the character of the 
reproduction. provided that standard practice so reQuires. 
(3) Where it is permissible to broadcast or diffuse by wire works under 
the provision of Article 39. paragraph Cl) or Article 40. paragraph (1) 
or (2). it shall also be permissible to diffuse by wire the broadcasts 
or wire diffusions of such works and to communicate them to the public 
by means of a special instrument for enlarging images. 
(4) The following shall be considered to constitute the making of sound 
or visual recordings or the reproduction as mentioned in Article 91. 
paragraph (l). Article 96. Article 98 or Article 100bis: 
(t) the distribution of copies of performances. etc. made in accordance 
with the provisions of Article 30. paragraph (1). Article 31. item Ct) .. 
Article 35. Article 37. paragraph (2). Article 41. Article 42. or 
Article 44. paragraph Cl) or (2) which apply mutatis mutandis in 
paragraph Cl) of this Article. and the making available to the public of IP/N/lIJPN/C/lIRev.1 
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performances. of sounds of phonograms. or of sounds or images of 
broadcasts or wire diffusions by the use of these copies. for purposes 
other than those mentioned in these provisions; 
(ii) the preservation by broadcasting organizations or wire diffusion 
organizations 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. 
(Transfer. exercise, etc. of neighboring rights) 
Article 103. -The provision of Article 61. paragraph (l) shall apply 
mutatis mutandis to the transfer of neighboring rights. the provision of 
Article 62. paragraph Cl) to the expiry of these rights, and the 
provision of Article 63 to the authorization to exploit performances. 
phonograms. broadcasts or wire diffusions. and the provision of Article 
65 shall apply mutatis mutandis with respect to the joint authorship of 
these rights. and the provision of Article 66 with respect to the 
establishment of a pledge on these rights. 
(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) and (3) 
of the latter Article shall read "the register of neighboring rights". IP/N/1/JPN/C/lIRev.1 
Page 68 
Chapter V Compensation for Private Recording 
(Exercise of the right to claim compensation for private recording) 
Article 104bis. -Cl) 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 referred to as "compensation for 
private recording") on behalf of the owners of such right (hereinafter 
in this Chapter referred to as "the owners of the right") and which is 
designated, wi th its consent, by the Commissioner of the Agency for 
Cultural Affairs as the only one association throughout the country for 
each of the following two categories of compensation for private 
recording (hereinafter in this Chapter referred to as "the designated as 
sociation"), the right to claim compensation for private recording shall 
be exercised exclusively 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 
recording; hereinafter in this Chapter referred to as "private sound 
recording"); 
(ii) compensation for visual recording made for the purpose of private 
use (including such visual recording as made exclusively with sound 
recording; hereinafter in this Chapter referred to as "private visual 
record ing"). 
(2) The designated association shall have the authority to deal, on IP/NIlIJPN/C/1/Rev.1 
Page 69 
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 l04ter. -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 (Establishment of non-profit legal persons) of the Civil Law; 
(ii) that it is composed of, in the case of compensation for private 
sound recording, the associations mentioned in the following (a), (c) 
and (d), and, in the case of compensation for private visual recording, 
the associations mentioned in the following Cb), (c) and (d), 
respectively: 
Ca) 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) IP/NIlIJPN/CIlIRev.1 
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in the preceding item satisfies the following conditions: 
(a) that it is not established for profit-making; 
Cb) that its members may freely join and withdraw; 
Cc) that its members are granted an equal right to vote and to be 
elected; 
(iv) that it has sufficient ability to conduct properly the business 
of exercising the right to claim compensation for private recording 
(including the business relating to the activities mentioned in Article 
104octies, paragraph (1); hereinafter in this Chap!er 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 
recording) 
Article 104quater. -(1) Any purchaser of a recording machine or a 
recording medium which is specified by Cabinet Order in accordance with 
the provision of Article 30, paragraph (2) (hereinafter in this Chapter 
referred to as "a specified recording machine" and "a specified 
recording medium" respectively) (limited to the initial purchasers of 
such retailed recording machines or media) shall pay, at the time of the 
purchase and on the claim by the designated association, a lump-sum 
compensation for private recording the amount of which is fixed, for 
such recording machine and medium respectively, in accordance with the 
provision of Article 104sexies, paragraph (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 specified recording machine or medium exclusively for the purpose 
otber 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 IP/N/1/JPN/C/1/Rev.1 
Page 71 
which compensation has been paid. by means of a specified recording 
machine. for which c6mpensation has been paid. shall not be required to 
pay compensation for private recording. provided that compensation has 
not been repaid for such a specified recording machine or medium 
concerned in accordance with the provision of the preceding paragraph. 
(Cooperation by manufacturers and importers) 
Article 104quinquies. -When the designated association claims 
compensation for private recording in accordance with the provision of 
paragraph (1) of the preceding Article. any manufacturer or importer of 
specified recording machines or media shall cooperate with the 
designated association in claiming and receiving such compensation. 
(Amount of compensation for private recording) 
Article 104sexies. -(1) Before exercising the right to claim 
compensation for private recording in accordance with the provision of 
Article 104bis. paragraph Cl). the designated association shall fix the 
amount of such compensation and obtain the approval thereof from the 
Commissioner of the Agency for Cultural Affairs. The same shall apply 
when the designated association intends to change such amount. 
(2) When the approval mentioned in the preceding paragraph is given. the 
amount of compensation for private recording shall. notwithstanding the 
provision of Article 30. paragraph (2). be that as approved. 
(3) Before applying for such approval. the designated association shall 
consult with associations which are composed of manufacturers and 
importers of specified recording machines or media and which are deemed 
to represent their opinions. 
(4) The Commissioner of the Agency for Cultural Affairs shall approve 
the amount of compensation applied for only when it is deemed 
appropriate by taking into account the spirit of the provisions of IP/N/1/JPN/CIlIRev.1 
Page 72 
Article 30. paragraph (1) (including the case where its application 
mutatis mutandis is ~rovided for under the provision of Article 102. 
paragraph (1)) and Article 104quater, paragraph (1). the ordinary rate 
of sound or visual recording royalty and other circumstances. 
(5) Before approving the amount of compensation. the Commissioner of the 
Agency for Cultural Affairs shall consult the Copyright Council. 
(Rules on the conduct of the business related to compensation) 
Article 104septies. -(1) When initiating the business related to 
compensation. the designated association shall establish rules on the 
conduct of such business and report those rules to the Commissioner of 
the Agency for Cultural Affairs. The same shall apply when the 
designated association intends to amend such rules. 
(2) The rules mentioned in the preceding paragraph shall include the 
matters relating to the distribution of compensation for private 
recording (limited to such compensation as paid in accordance with the 
provision of Article 104quater, paragraph Cl)), and the designated 
association shall take into account the spirit of the provision of 
Article 30. paragraph (2) when establishing the rules on such matters. 
(Allocation for such activities as contributing to the protection of 
copyright. etc.) 
Article 104octies. -(1) The designated association shall allocate an 
amount corresponding to the rate fixed by Cabinet Order within 20% of 
the compensation received (limited to such compensation as paid in 
accordance with the provision of Article 104quater, paragraph (1») for 
such activities as contributing to the protection of copyright and 
neighboring rights as well as to the promotion of the creation and 
dissemination of works. 
(2) When intending to draft the Cabinet Order mentioned in the preceding IP/NIlIJPN/C/1/Rev.1 
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paragraph or to draft its amendment, the Commissioner of the Agency for 
Cultural Affairs shall consult the Copyright Council. 
(3) The Commissioner of the Agency for Cultural Affairs may issue to the 
designated association an order necessary for supervising the business 
relating to the activities mentioned in paragraph Cl) when it is deemed 
necessary for assuring an proper execution of such business. 
(Request for report, etc.) 
Article 104novies. -The Commissioner of the Agency for Cultural Affairs 
may request the designated association to make a report on its business 
related to compensation or to submit account books, documents and other 
information, and may make recommendations necessary for improving the 
manner of conduct of the business related to compensation when it is 
deemed necessary for assuring the proper conduct of such business. 
(Non-application of the Law on Intermediary Business concerning 
Copyrights) 
Article l04decies. -The provisions of the Law on Intermediary Business 
concerning Copyrights (Law ND. 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, 
necessary matters with respect to the designated association and the 
business related to compensation shall be provided by Cabinet Order. IP/NIlIJPN/C/1/Rev.1 
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Chapter VI Settlement of Disputes 
(Mediators for the settlement of disputes concerning copyright) 
Article 105. -Cl) In order to settle, through mediation, disputes 
concerning the rights provided for in this Law, the Agency for Cultural 
Affairs shall provide mediators for the settlement.of disputes 
concerning copyright (h.ereinafter in this Chapter referred to as 
"mediators"). 
(2) Whenever an affair may arise, mediators not exceeding three in 
number shall be appointed by the Commissioner of the Agency for Cultural 
Affairs from among persons of learning and experience in the field of 
copyright or neighboring rights. 
(Application for mediation) 
Article 106. -When a dispute may arise in connection with the rights 
provided for in this Law, the parties concerned may apply for mediation 
to the Commissioner of the Agency for Cultural Affairs. 
(Application fee) 
Article 107. -Applicants shall pay application fee, the amount of which 
shall be fixed by Cabinet Order, taking into account actual cost. 
(Submission to mediation) 
Article 108. -(1) Upon receipt of an application under Article 106 of 
both parties concerned or that of one party to which the other party 
consented, the Commissioner of the Agency for Cultural Affairs shall 
submit the matter to the mediators. IP/N/1/JPN/C/1/Rev.1 
Page 75 
(2) The Commissioner of the Agency for Cultural Affairs may desist from 
submitting a matter to the mediators. when he deems it inappropriate in 
nature for submission to mediation or when he deems that the parties 
concerned applied for mediation for improper purposes. 
(Mediation) 
Article 109. -(1) The mediators shall mediate between the parties 
concerned in order to settle the dispute in conformity with actual 
circumstances and in consideration of the points iV dispute. 
(2) The mediators may stop the mediation when they deem that the 
likelihood of settlement of the dispute no longer exists. 
(Report. etc.) 
Article 110. -(1) Upon completion of the mediation. the mediators shall 
report thereon to the Commissioner of the Agency for Cultural Affairs. 
(2) When stopping mediation. they shall inform the parties concerned 
thereof and indicate the reasons therefor. which shall also be reported 
to the Commissioner of the Agency for Cultural Affairs. 
(Mandate to Cabinet Order) 
Article Ill. -Other than those provided for in this Chapter. necessary 
matters in connection with procedures of mediation and mediators shall 
be provided by Cabinet Order. IP/NIlIJPN/CIlIRev.l 
Page 76 
Chapter VI I Infringements 
(Right of demanding cessation) 
Article 112. -Cl) 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 prevention of such infringements. 
(2) In making such demand, the authors, the owners of copyright, the 
owners of right of publication, or the owners of neighboring rights may 
demand to take measures necessary to effect such cessation or 
prevention of infringement, such as the abandonment of objects the 
making of which constituted 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 
infringements on moral rights, copyright, right of publication or 
neighboring rights: 
(i) the importation into this country, for distribution, of objects 
made by an act which would constitute an infringement on moral rights, 
copyright, 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 neighboring rights (including those imported as mentioned in the 
preceding item) by a person who is aware of such infringement. 
(2) An act of using on a computer, in the conduct of business, copies IP/N/lIJPN/CIlIRev.l 
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made by an act infringing 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 imported 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) An act of eXRloitation of a work prejudicial to the honour or 
reputation of the author shall be considered to constitute an 
infringement on his moral rights. 
(Presumption of the amount of damages) 
Article 114. -0) In the case where an owner of copyright. right of 
publication or neighboring rights claims compensation for damages from a 
person who has infringed intentionally or negligently any of these 
rights, the profi ts, 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 
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 ordinary amount of 
money which would be received 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 negligence on the part of the infringer in fixing the IP/NIlIJPN/C/1/Rev.1 
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amount of damages. 
(Submission of documents) 
Article 114bis. -In a lawsui t relating to infringements on copyright, 
right of publication or neighboring rights, the court may, at the 
request of one of the parties concerned, order the other of them to 
submit documents necessary for the account of damages caused by acts of 
infringements concerned, except in the case where a possessor of such 
documents refuses, with reasonable justification, to submit them. 
(Measures for recovery of honour, etc.) 
Article 115. -The author may demand the 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 recover his honour or reputation either in place of 
indemnification of damages or together with indemnification of damages. 
(Measures to protect the moral interests after the author's death) 
Article 116. -Cl) After the death of the author, his bereaved family 
("bereaved family" means surviving spouse, children, parents, 
grandchildren, grandparents, brothers or sisters of the dead author; the 
same shall apply hereinafter in this Article) may make a demand 
mentioned in Article 112 of a person who violates or is likely to 
violate the provision of Article 60 with respect to the author concerned, 
or a demand mentioned in the preceding Article of a person who has 
infringed moral rights intentionally or negligently 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. IP/N/1/JPN/C/1/Rev.l 
Page 79 
(3) The author may appoint by will a person who acts for the bereaved 
family. In this case, the appointed person may not make a demand after 
the expiration of a period of fifty years from the year following the 
date of the author's death or, if any bereaved family still survive at 
the time of such expiration, after the death of all the bereaved family. 
(Infringement wi th 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 to 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 for damages to his share or a 
demand for the 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 favour 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 demand for 
compensation or the surrender 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 registered 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 
anonymous or pseudonymous work shall be presumed to be the publisher of 
tha t work. IP/NIlIJPN/CJlIRev.1 
Page 80 
Chapter VIII 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. copyright. right of 
publication ~r 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 Cl»; 
(iD any person who. for profi t-making purposes. causes others to use 
automatic reproducing machines mentioned in Article 30. paragraph (1) 
for such reproduction of works or performances. etc. as consti tutes an 
infringement on copyright. right of publication or neighboring rights. 
Article 120. -Any person who violates the provision of Article 60 shall 
be punishable by a fine not exceeding three million Yen. 
Article 121. -Any person who distributes copies of works on which the 
true name or generally known pseudonym of a non-author is indicated as 
the name of the author (including copies of derivative works on which 
the true name or generally known pseudonym of a non-author of the 
original work is indicated as the name of the original author) shall be 
punishable by imprisonment for a term not exceeding one year or a fine 
not exceeding one million Yen. IP/N/lIJPN/C/1/Rev.1 
Page 81 
Article 121bis. -Any person who makes, distributes or possesses for 
distribution copies of commercial phonograms reproduced from any of the 
following commercial phonograms (including copies of such commercial 
phonograms and those made through one or more intervening copies) shall 
be punishable by imprisonment for a term not exceeding one year or a 
fine not exceeding one million Yen, provided that such making, 
distribution or possession of copies is made within a period of fifty 
years from the year following the date of the first fixation of sounds 
on matrices of phonograms: 
(i) commercial phonograms which have been manufactured, by those 
engaging in the business of manufacturing commercial phonograms in this 
country, from matrices of phonograms (except those phonograms failing 
within any of the four items of Article 8) offered by producers of 
phonograms; 
(ii) commercial phonograms which have been manufactured, by those 
engaging in the business of manufacturing commercial phonograms outside 
the jurisdiction of this 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 Convention for the Protection of Performers, etc., the 
members of the World Trade Organization or the Contracting States of the 
Phonograms Convention ("nationals" includes legal persons established 
under the law of such State or member and those who have their principal 
offices in such State or member). 
Article 122. -~ny person who violates the provisions of Article 48 or 
Article 102, paragraph (2) shall be punishable by a fine not exceeding 
three hundred thousand Yen. IP/N/1/JPN/C/1/Rev.1 
Page 82 
Article 123. -(1) In the case of offences under Article 119 and Article 
121bis, the prosecution shall take place only upon the complaint of the 
inj ured person. 
(2) A publisher of an anonymous or a pseudonymous work may lodge a 
complaint with respect to such work published by him. except in the 
cases where the proviso to Article 118. paragraph (1) is applicable and 
where the complaint is contrary to the express will of the author. 
Article 124. -(1) Where a representative of a legal person (including an 
administrator of a non-juridical association or foundation) or an agent. 
an employee or any other worker of a legal person or a person violates 
the provisions of Articles 119 to 122 in connection with the business of 
such legal person or such person. a fine under each Article shall be 
imposed upon such legal person or such person in addition to the 
punishment of the offender. 
(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 Cl). 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) IP/N/lIJPN/C/lIRev.1 
Page 83 
Article 1. -This Law shall come into force on January 1. 1971. 
(Transitory measures: the scope of application) 
Article 2. -(1) The provisions relating to copyright of the revised 
Copyright Law (hereinafter referred to as "the new Law") shall not apply 
to works in which copyright under the Copyright Law before amendment 
(hereinafter referred to as "the old Law") have all expired at the time 
of coming into force of this Law. 
(2) With respect to works in which copyright under the old Law have 
partly expired at the time of coming into force of this Law. the 
provisions in the new Law concerned with the expired parts shall not 
apply. 
(3) Notwithstanding the provisions of Articles 7 and 8 of the new Law. 
the provisions relating to neighboring rights of the new Law (including 
the provisions of Article 95. Article 95bis. paragraphs (3) and (0. 
Article 97 and Article 97bis, paragraphs (3) to (5) ; the same shall 
apply in Article 15. paragraph (1) of the Supplementary Provisions) 
shall apply to performances which took place before the enforcement of 
this Law (excluding those falling within any of the items of Article 7 
of the new Law) or to phonograms composed of the sounds which were first 
fixed before the enforcement of this Law (excluding those falling within' 
arty 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. IP/NIlIJPN/CIlIRev.1 
Page 84 
(Transi tory measures: translations. etc. made by the Sta te. etc.) 
Article 3. -With respect to works which fall within Article 13. item (iv) 
of the new Law and on which the right of publication under the old Law 
is established at the time of the enforcement of this Law. the provision 
of that item shall not apply only within the duratibn of that right. 
(Transitory measures: the author of a work made under the name of a 
legal person, etc.) 
Article 4. -The provisions of Articles 15 and 16 of the new Law shall 
not apply to works created before the enforcement of this Law. 
(Transitory measures: lending of books, etc.) 
Article 4bis. -The provision of Article 26bis 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 in cinematographic 
works. etc.) 
Article 5. -(1) The provisions of the old Law shall still apply to the 
ownership of copyright in cinematographic works, mentioned in Article 29 
of the new Law, which were created before the enforcement of this Law. 
(2) The provisions of the new Law shall not prejudice the effect of the 
provisions of Article 24 or 25 of the old Law on the ownership of 
copyright in photographic works included in other works before the 
enforcement of this Law and on the ownership of copyright in portrait 
photographs cre?ted on commission before the enforcement of this Law. 
(Transitory measures: automatic reproducing machines) 
Article 5bis. -For the application of the provisions of Article 30, 
paragraph (1) and Article 119. item (ii> of the new Law. the words IP/N/1/JPN/C/1/Rev.1 
Page 85 
"automatic reproducing machines" mentioned in these provisions shall not 
include for the time being those exclusively for use in copying writings 
or printings. 
(Transitory measures: artistic works placed in an open place) 
Article 6. -The owner of copyright in an artistic work permanently 
placed in such an open place as mentioned in Article 45, paragraph '(2) 
of the new Law at the time of the enforcement of this Law, shall be 
considered to have authorized the exhibition of that work by placing its 
original in an open place. 
(Transitory measures: term of protection) 
Article 7. -The provisions of the old Law shall still apply to the 
duration of copyright in works made public before the enforcement of 
this Law, provided that the duration under the old Law is longer than 
that provided in the provisions of Section 4 of Chapter 11 of the new 
Law. 
(Transitory measures: duration of the right of translation) 
Article 8. -The provisions of Articles 7 and 9 of the old Law shall 
still be effective with respect to works published before the 
enforcement of this Law. 
(Transitory measures: disposal of copyright) 
Article 9. -The transfer and other disposal, made before the enforcement 
of this Law, of copyright under the old Law shall be considered made 
under the new Law. except those falling within the provision of Article 
IS, paragraph (1) of the Supplementary Provisions. IP/NIlIJPN/C/lIRev.1 
Page 86 
(Transitory measures: joint works) 
Article 10. -(l) The provisions of Article 13. paragraphs Cl) and (3) of 
the old Law shall still be effective with respect to works created 
before the enforcement of this Law by two or more persons in which the 
contribution of each person can be separately exploited. 
(2) For the application of the provisions of Article 51. paragraph (2) 
and Article 52. paragraph Cl) of the new Law. works mentioned in the 
preceding paragraph shall be considered to constitute joint works. 
(Transitor~ measures: exploitation of works under compulsory license) 
Article 11. -(1) The provision of Article 69 of the new Law shall not 
apply to the making of sound recordings of musical works incorporated in 
commercial phonograms which were put on sale in this country before the 
enforcement of this Law. 
(2) The person .who would be entitled to exploit works in accordance with 
the provision of Article 22quinquies, paragraph (2) or Article 27. 
paragraph (1) or (2) of the old Law shall be entitled to continue to 
exploit these works in accordance with such provision. 
(3) The amount of compensation fixed by the Commissioner of the Agency 
for Cultural Affairs in accordance with the provision of Article 
22quinquies. paragraph (2) or Article 27. paragraph (2) of the old Law 
shall be considered as that fixed in accordance with the provision of 
Article 68. paragraph Cl) or Article 67. paragraph Cl) of the new Law. 
and the provisions of Articles 72 and 73 of the new Law shall apply. 
(4) In the preceding paragraph. where the parties concerned who are 
dissatisfied with the amount of compensation learn of the issuance of a 
license before the enforcement of this Law. a period mentioned in 
Article 72. paragraph Cl) of the new Law shall be calculated from the 
date of enforcement of this Law. (Transitory measures: registrations) IP/NIlIJPN/CIlIRev.1 
Page 87 
Article 12. -(1) The disposal of and procedures for registrations of 
copyright. of the true name or of the date of first publication 
mentioned in Article 15 of the old Law. made before the enforcement of 
this Law. shall be considered as those mentioned in Articles 75 to 77 of 
the new Law. except those falling within the provision of Article 15. 
paragraph (3) of the Supplementary Provisions. 
(2) The provision of Article 35. paragraph (5) of the old Law shall 
still be effective with respect to works. the date of first publication 
of which. at the time of the enforcement of this Law. is registered in 
accordance with the provision of Article 15. paragraph (3) of the old 
Law. 
(Transitory measures: right of publication) 
Article 13. -(1) The right of publication under the old Law which was 
established before the enforcement of this Law and which subsists at the 
time of enforcement of this Law shall be considered to be established 
under the new Law. 
(2) The disposal of and procedures for registrations of the right of 
publication mentioned in Article 28decies of the old Law. made before 
the enforcement of this Law. shall be considered as those mentioned in 
Article 88 of the new Law. 
(3) Notwithstanding the provisions of Articles 80 to 85 of the new Law. 
the provisions of Articles 28ter to 280cties of the old Law shall still 
be effective with respect to the right of publication mentioned in 
paragraph (1) of this Article. 
(Transitory measures: public performances by the use of sound recordings) 
Article 14. -The provisions of Article 30. paragraph Cl). i tern (viii) IP/N/lIJPN/C/lIRev.1 
Page 88 
and paragraph (2), as well as Article 39 of the old Law shall, for the 
time being, continue to be effective with respect to public performances 
of musical works by the use of sound recordings made lawfully, other 
than those given by broadcasting or wire transmission and those given by 
enterprises which use such recordings for the purpose of profit-making 
and which are defined by Cabinet Order. 
(Transitory measures: neighboring rights) 
Article 15. -Cl) The transfer and other disposal, made before the 
enforcement of Lhis Law, of copyright under the old Law in performances 
which took place before the enforcement of this Law or in phonograms 
composed of the sounds which were first fixed before the enforcement of 
this Law, being performances or phonograms to which the provisions 
relating to neighboring rights of the new Law shall apply from the date 
of enforcement of this Law, shall be considered as the transfer andother 
disposal of neighboring rights in such performances or phonograms under 
the new Law. 
(2) Where the duration of neighboring rights in performances or 
phonograms, mentioned in the preceding paragraph, in which copyright 
under Lhe old Law subsists at the time of coming into force of this Law 
is to expire after the end of a period provided in Article 101 of the 
new Law, the duration of neighboring rights in such performances or 
phonograms shall, notwithstanding the provisions of that Article, expire 
at the end of the duration of copyright in such performances or 
phonograms 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 for registrations of copyright in 
performances or phonograms, mentioned in paragraph Cl) of this Article, IP/N/1/JPN/C/1/Rev.1 
Page 89 
made before the enforcement of this Law in accordance with the provision 
of Article 15. paragraph (1) of the old Law. shall be considered made in 
accordance with the provision of Article 104 of the new Law. 
(4) The provisions of Article 10. paragraph (1) and Article 12. 
paragraph (2) of the Supplementary Provisions shall apply mutatis 
mutandis to performances and phonograms mentioned in paragraph (1) of 
this Article. 
(Transitory measures: distribution. etc. of copies) 
Article 16. -Copies of works. performances or phonograms which were made 
before the enforcement of this Law and which would be lawful under the 
provisions of Subsection 5 of Section 3 of Chapter 11 of this Law 
(including the case where their application mutatis mutandis is provided 
for under Article 102. paragraph (1) of the new Law) may be used or 
distributed to the extent of the purpose of the reproduction as 
mentioned in these provisions. In this case. the provision of Article 
113. paragraph (l). item (iO of the new Law shall not apply. 
(Transitory measures: infringements) 
Article 17. -Notwithstanding the provisions of Article 14 and Chapter 
VII of the new Law. the provisions of Articles 12. 28undecies. 29. 33 
and 34. Article 35. paragraphs (l) to (4). and Articles 36 and 36bis of 
the old Law shall still apply to acts. made before the enforcement of 
this Law. which violate the provision of Article 18. paragraph Cl) or (2) 
of the old Law or which fall within the infringements provided for in 
Chapter III of the old Law (including acts infringing the right of 
pUblication). IP/N/lIJPN/C/lIRev.1 
Page 90 
(Transitory measures: penal provisions) 
Article 18. -The penal provisions of the old Law shall still apply to 
acts made before the enforcement of this Law. 
Supplementary Provisions 
(Law No.49, of 1978) 
(Date of enforcement) 
1. -This Law shall come into force as from the day on which the 
Convention for the Protection of Producers of Phonograms Against 
Unauthorized Duplication of Their Phonograms becomes effective with 
respect to Japan. 
[This Law came into force on October 14. 1978. ] 
(Transitory measures) 
2. -The provisions relating to neighboring rights of the amended 
Copyright Law shall not apply to the phonograms, mentioned in Article 8, 
item (iii) of the amended Copyright Law, which are composed of the 
sounds first fixed before the enforcement of this Law. (Date of enforcement) IP/N/1/JPN/C/1/Rev.1 
Page 91 
Supplementary Provisions (Extract) 
( Law No. 45. 0 f 1981) 
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) 
( La w No. 7 8 . 0 f 1 9 8 3 ) 
(Date of enforcement) 
1. -This Law (except Article 1) shall come into force on July 1. 1984. IP/NIlIJPN/C/lIRev.1 
Page 92 
(Date of enforcement) Supplementary Provisions (Extract) 
(Law No.23, of 1980 
1. -This Law shall come into force twenty days after the date of its 
promulgation. [This Law came into force on May 21. 1984. ] 
Supplementary Provisions 
(Law No.46, of 1980 
(Date of enforcement) 
1. -This Law shall come into force on January 1. 1985. 
(Repeal of the Interim Measure Law) 
2. -The Law to Take an Interim Measure for the Protection of the Rights 
of Authors, etc. with Respect to the Lending of Commercial Phonograms to 
the Public (Law No.76, of 1983; hereinafter referred to as "the Interim 
Measure Law") shall be hereby repealed. IP/N/1/JPN/C/1/Rev.1 
Page 93 
(Transitory measures required by the repeal of the Interim Measure Law) 
3. -Notwithstanding the provisions of Articles 26bis, 95bis and 97bis of 
the amended Copyright Law, those who have obtained authorization with 
respect to the lending to the public of commercial phonograms in 
accordance with the provisions of the Interim Measure Law before the 
enforcement of this Law may offer to the public such works, performances 
and phonograms as reproduced in such commercial phonograms by lending 
such commercial phonograms, within the scope of conditions of that 
authorization. 
4. -The provisions of the Interim Measure Law (including a Cabinet Order 
under it) shall still be effective with respect to acts made before the 
enforcement of this Law in violation of the provision of Article 4, 
paragraph Cl) of the Interim Measure Law. 
Supplementary Provisions (Extract) 
(Law No.62, of 1985) 
(Date of enforcement) 
1. -This Law shall come into force on January 1. 1986. However, the 
provision for amendment to insert Article 76bis next to Article 76 and 
the amended provision of Article 78, paragraph (1) as well as the 
provision of paragraph 6 of the Supplementary Provisions shall come int6 
fcirce on the date of enforcement of the law mentioned in Article 78bis 
of the amended Copyright Law [on April 1. 1987J. IP/N/1/JPN/CIlIRev.1 
Page 94 
(Transitory measures: works made by an employee in the course of his 
duties) 
2. -The provisions of Article 15 of the amended Copyright Law shall 
apply to works created after the enforcement of this Law, and the 
provision of Article 15 of the Copyright Law before amendment shall 
still apply to works created before the enforcement of this Law. 
(Transitory measures: registration of the date of creation) 
3. -The provision of the proviso to Article 76bis, .paragraph (1) shall 
not apply to the registration made under the provision of the same 
paragraph of program works created within six months before the date of 
enforcement of the law referred to in Article 78bis of the amended 
Copyright Law, until the lapse of three months from that date of 
enforcement. 
(Transitory measures: use of copies of program works) 
4. -The provision of Article 113, paragraph (2) of the amended Copyright 
Law shall not apply to copies of a program work which were made before 
the enforcement of this Law and which would be lawful and could be 
preserved under the provisions of Article 47bis of the amended Copyright 
Law. 
(Transitory measures: penal provisions) 
5. -The penal provisions of the Copyright Law before amendment shall 
still apply to acts made before the enforcement of this Law. Supplementary Provisions 
(Law No.64, of 1986) 
(Date of enforcement) IP/N/1/JPN/C/1/Rev.1 
Page 95 
1..-This Law shall come into force on January 1. 1987. 
(Transitory measures: ownership of copyright in cinematographic works 
made for wire diffusion purposes) 
2. -The provisions of Article 29 of the Copyright Law before amendment 
shall still apply to the ownership of copyright in cinematographic works, 
mentioned in Article 29, paragraph (3) of the amended Copyright Law, 
which were created before the enforcement of this Law. 
(Transitory measures: neighboring rights of wire diffusion organizations 
and performers) 
3. -The provisions of the amended Copyright Law relating to neighboring 
rights of wire diffusion organizations and performers (including the 
provisions of Article 95 and Article 95bis, paragraphs (3) and (4» 
shall not apply to wire diffusions which took place before the 
enforcement of this Law nor to performances transmitted through such 
wire diffusions (excluding such performances as fall within items (i) to 
(iii) of Article 7 of the Copyright Law). IP/N/1/JPN/CIlIRev.1 
Page 96 
(Transitory measures: penal provisions) 
4. -The penal provisions of the Copyright Law before amendment shall 
still apply to acts made before the enforcement of this Law. 
Supplementary Provisions 
(Law No.87, of 1988) 
(Date of enforcement) 
1. -This Law shall come into force twenty days after the date of its 
promulgation. [This Law came into force on November 21. 1988. ] 
(Transitory measures) 
2. -The provision of Article 121. item (ii) of the amended Copyright Law 
shall not apply to the following acts made 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 phonograms in 
this country, from matrices of phonograms (except those phonograms 
falling within any of the three items of Article 8) offered by producers 
of phonograms (in the next item, referred to as "commercial phonograms 
which have been manufactured from matrices coming from certain foreign 
countries") and in relation to which twenty years from the year 
f6110wing the date of the first fixation of sounds on the matrices (in 
the next item, referred to as "a prohibition period before amendment") 
have passed before the enforcement of this Law; IP/N/lIJPN/C/1/Rev.l 
Page 97 
(ii) the distribution of copies, made before a prohibition period before 
amendment has passed, of commercial phonograms which have been 
manufactured from matrices coming from certain foreign countries and in 
relation to which a prohibition period before amendment has passed 
before the enforcement of this Law. 
Supplementary Provisions 
(Law No.43, of 1989) 
(Date of enforcement) 
1. -This Law shall come into force as from the day on which the 
International Convention for the Protection of Performers, Producers of 
Phonograms and Broadcasting Organizations becomes effective with respect 
to Japan. [This Law came into force on October 26, 1989.] 
(Transi tory measures: performances, etc. to which Japan has the 
obligation to grant protection under a treaty) 
2. -The provisions relating to neighboring rights (including the 
provisions of Articles 95 and 97) of the amended Copyright Law 
(hereinafter referred to as "the new Law") shall not apply to the 
following: 
(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 IP/N/lIJPN/C/1/Rev.1 
Page 98 
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 Qnauthorized 
Duplication of Their Phonograms. 
(Transitory measures: foreign performers who did not have habitual 
residence in this country) 
4. -The provisions relating to neighboring rights (including the 
provisions of Article 95 and Article 95bis, paragraphs (3) and (4) ) of 
the new Law shall not apply to foreign performers whose performances 
took place before the enforcement of this Law and who did not have 
habitual residence in this country at the time when their performances 
took place, provided that their performances do not fall within those 
which took place before the enforcement of the Copyright Law and in 
which copyright under the old Copyright Law (Law No.39, of 1899) 
subsists at the time of coming into force of the Copyright Law. Supplementary Provisions 
(Law No.63. of 1991) 
(Date of enforcement) 
1. This Law shall come into force on January 1. 1992. 
(Transitory measures) IP/N/1/JPN/C/1/Rev.1 
Page 99 
2. The amended provisions of Article 95bis shall not apply to 
performances, mentioned in Article 7. i tern (v). which took place before 
the enforcement of the Law for Partial Amendments to the Copyright Law 
(Law No. 43. of 1989; in the next paragraph, item (ii). referred to as 
"the Amendments Law of 1989"). 
3. The amended provisions of Article 97bis shall not apply to the 
following 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 IP/N/1/JPN/C/l/Rev.1 
Page 100 
Phonograms Convention). which are composed of the sounds first fixed 
before the enforcement of the Amendments Law of 1989. 
4. The provision before amendment of Article 95bis. paragraph (2) shall 
still apply to the starting date of calculating a period for commercial 
phonograms going beyond the period. mentioned in Article 95bis. 
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 th~s Law. provided that 
such commercial phonograms are those in which gerformances mentioned in 
Article 7. items (i) to (iv) or phonograms mentioned in Article 8. item 
(i) or (ii) are incorporated. 
5. The amended provisions of Article 121bis shall not apply to any of 
the following acts made after the enforcement of this Law: 
(i) the making. the distribution or the possession for distribution. 
of copies of commercial phonograms reproduced from commercial phonograms 
(including copies of such commercial phonograms and those made through 
one or more intervening copies) which have been manufactured. by those 
engaging in the business of manufacturing commercial phonograms in this 
country. from matrices of phonograms (except those phonograms falling 
within any of the four items of Article 8) offered by producers of 
phonogams (in the next item. referred to as "commercial phonograms 
manufactured from matrices coming from certain foreign countries") and 
in relation to which twenty years from the year following the date of 
the first fixation of sounds on the matrices (in the next item. referred 
to as "a prohibition period of twenty years") have passed before the 
enforcement of the Law for Partial Amendments to the Copyright Law (Law 
No. 87. of 1988; in the next item and item (iii). referred to as "the 
Amendments Law of 1988"); IP/N/lIJPN/C/lIRev.1 
Page 101 
(ii) the distribution or the possession for distribution of commercial 
phonograms which are reproduced. within a prohibition period of twenty 
years. from commercial phonograms manufactured from matrices coming from 
certain foreign countries and in relation to which a prohibition period 
of twenty years have passed before the enforcement of the Amendments Law 
of 1988; 
(iii) the making. the distribution or the possession for distribution. 
of copies of commercial phonograms reproduced from commercial phonograms 
(including copies of such commercial phonograms anq those made through 
-one or more intervening copies) which have been manufactured. by those 
engaging in the business of manufacturing commercial phonograms outside 
the jurisdiction of the Copyright Law. from matrices of phonograms 
(except those phonograms falling within any of the four items of Article 
8) offered by producers of phonograms who are nationals of any of the 
Contracting States of the International Convention for the Protection of 
Performers. Producers of Phonograms and Broadcasting Organizations or of 
the Phonograms Convention ("nationals" includes legal persons 
established under the law of such State and those who have their 
principal offices in such State) and in relation to which twenty years 
from the year following the date of the first fixation of sounds on the 
matrices have passed before the enforcement of the Amendments Law of 
1988. 
6. The penal provisions before amendment shall apply to acts made before 
the enforcement of this Law. IP/NIlIJPN/C/1/Rev.1 
Page 102 
(Date of enforcement) Supplementary Provisions 
(Law No.106. of 1992) 
1. This Law shall come into force on the date fixed by Cabinet Order 
within six months from the date of its promulgation. [This Law came into 
force on June 1. 1993. ] However. the provision amending the Table of 
Contents. the provision renumbering Chapter VI I as Chapter VI I 1, Chapter 
VI as Chapter VIr. and Chapter V as Chapter VI and inserting the new 
Chapter V next to Chapter VI (except the parts relating to Article 
104quater, Article 104quinquies and Article 104octies, paragraphs (1) 
and (3)) and the provision amending Article 17 of the Supplementary 
Provisions shall come into force on the date of promulgation of this Law 
[on December 16. 1992J. 
(Transitory measures) 
2. -The provisions of the amended Copyright Law shall not apply to such 
private sound or visual recording as made on a specified recording 
medium purchased (the word "purchased" means "initially purchased after 
retail"; the same shall apply hereinafter) before the date of 
enforcement of this Law (hereinafter referred to as "the date of 
enforcement") by means of a specified recording machine purchased before 
the date of enforcement. IP/NIlIJPN/C/1/Rev.1 
Page 103 
3. When private recording is made on a specified recording medium 
purchased after the date of enforcement by means of a specified 
recording machine purchased before the date of enforcement, compensation 
for private recording shall be considered to have been paid with respect 
to such recording machine in accordance with the provision of Article 
104quater, paragraph (1) of the amended Copyright Law. The same shall 
apply to a specified recording medium, purchased before the date of 
enforcement, on which private recording is made by means of a specified 
recording machine purchased after the date of enforcement. 
Supplementary Provisions 
(Law No.89, of 1993) 
(Date of enforcement) 
Article 1. -This Law shall come into force as from the date of 
enforcement of the Administrative Procedures Law (Law No.88, of 1993). 
[This Law came into force on October 1, 1994.] IP/N/1/JPN/C/lIRev.1 
Page 104 
(Date of enforcement) Supplementary Provisions 
(Law No.112, of 1994) 
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 
wi th respect to Japan. [This Law came into force on January 1. 1996. ] 
(Application of the provisions relating to neighboring rights) 
2. The provisions of paragraph 3 of the Supplementary Provisions of the 
Law for Partial Amendments to the Copyright Law (Law No.64, of 1986), __ 
paragraph 2 of the Supplementary Provisions of the Law for Partial 
Amendments to the Copyright Law (Law No.43, of 1989; hereinafter 
referred to as "the Amendments Law of 1989") and paragraph 2 of the 
Supplementary Provisions of the Law for Partial Amendments to the 
Copyright Law (Law No.63, of 1991; in paragraph 4 of the Supplementary 
Provisions of this Law, referred to as "the Amendments Law of 1991") 
shall not apply, in case of the application of the provisions relating 
to neighboring rights (including the provisions of Article 95bis, 
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 f~ll within the following IP/N/1/JPN/C/1/Rev.l 
Page 105 
performances, or to the performances mentioned in Article 7, item (v) of 
the new Law which fall within the following performances: 
(i) performances whi~h took place in a member of the World Trade 
Organization; 
(ii) performances fixed in the following phonograms: 
(a) phonograms the producers of which are nationals of any of the 
members of the World Trade Organization ("nationals" includes legal 
persons established under the law of such member and those who have 
their principal offices in such member; the same shall apply 
hereinafter); 
(b) phonograms composed of the sounds which were first fixed in any 
of the members of the World Trade Organization; 
(iii) performances transmitted through the following broadcasts, 
excluding those incorporated in sound or visual recordings before the 
transmission with the authorization of the performers concerned: 
(a) broadcasts transmitted by broadcasting organizations who are 
nationals of any of the members of the World Trade Organization; 
(b) broadcasts transmitted from transmitters situated in any of the 
members of the World Trade Organization. 
3. The provisions of paragraph 4 of the Supplementary Provisions of the 
Amendments Law of 1989 shall not apply, in case of the application of 
the provisions relating to neighboring rights of the new Law (including 
the provisions of Article 95bis, paragraphs (3) and (4» to foreign 
performers whose performances are mentioned in the preceding paragraph, 
items (i) to (iii) and who did not have habitual residence in this 
country at the time when their performances took place. IP/N/1/JPN/C/lIRev.l 
Page 106 
4. The Provisions of paragraph 2 of the Supplementary Provisions of the 
Law for Partial Amendments to the Copyright Law (Law No.49, of 1978), 
paragraphs 2 and 3 of the Supplementary Provisions of the Amendments Law 
of 1989, and paragraph 3 of the Supplementary Provisions of the 
Amendments Law of 1991 shall not apply, in case of the application of 
the provisions relating to neighboring rights of the new Law (including 
the provisions of Article 97bis, 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 Organization; 
(b) phonograms composed of the sound which were first fixed in any of 
the members of the World Trade Organization; 
(il) phonograms, mentioned in Article 8, item (iv) of the new Law, to 
which Japan has the obligation to grant protection under the Convention 
for the Protection of Producers of Phonograms Against Unauthorized 
Duplication of Their Phonograms (in paragraph 6 of the Supplementary 
Provisions of this Law, referred to as "the Phonograms Convention"). 
5. The Provisions of paragraph 2 of the Supplementary Provisions of the 
Amendments Law of 1989 shall not apply, in case of the application of 
the provisions relating to neighboring rights of the new Law to the 
broadcasts, mentioned in the Article 9, item (iii) of the new Law, which 
fall within the following broadcasts: 
(i) broadcasts transmitted by broadcasting organizations who are 
nationals of any of the members of the World Trade Organization; 
. (ii) broadcasts transmitted from transmitters situated in any of the 
members of the World Trade Organization. IP/N/1/JPN/CIlIRev.1 
Page 107 
(Transi tory measures: the making, etc. of copies of commercial 
phonograms manufactured from matrices coming from foreign countries) 
6. The provisions of the Article 121bis of the new Law shall not apply 
to the making, the distribution or the possession for distribution, act 
made after the enforcement of this Law, of copies of commercial 
phonograms reproduced from commercial phonograms (including copies of 
such commercial phonograms and those made through one or more 
intervening copies) which have been manufactured, by those engaging in 
the business of manufacturing commercial phonograms outside the 
jurisdiction of the Copyright Law, from matrices of phonograms (except 
those phonograms falling within any of the five items of Article 8 of 
the new Law) offered by producers of phonograms who are nationals of any 
of the members of the World Trade Organization (except nationals of any 
of the Contraction States of the International Convention for the 
Protection of Performers, Producers of Phonograms and Broadcasting 
Organizations or of the Phonograms Convention ("nationals" includes 
legal persons established under the law of such State and those who have 
their principal offices in such State» and in relation to which twenty 
years from the year following the date of the first fixation of 
sounds on the matrices have passed before the enforcement of the Law for 
Partial Amendments to the Copyright Law (Law No.87, of 1988). IP/NIlIJPN/CIlIRev.1 
Page 108 
(Date of enforcement) Supplementary Provisions 
(Law No.91. of 1995) 
Article 1. -This Law shall come into force twenty days after the date of 
its promulgation. [This Law came into force on June 1. 1995.] 
Supplementary Provisions 
(Law No.117. of 1996) 
(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.] 
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 amen~ment shall still apply to IP/N/lIJPN/CllIRev.1 
Page 109 
photographic works in which copyright under the Copyright Law before 
amendment has expired at the time of coming into force of this Law. 
3. -Where the duration of copyright, in photographic works created 
before the enforcement of this Law, under the provisions relating to the 
term of protection for works of the Copyright Law before amendment 
(hereinafter referred to as "the old Law") is to expire after the end of 
lhe duration of copyright under the new Law, the duration of copyright 
in such photographic words shall, notwithstanding the provisions of the 
new Law, expire at the end of the duration of copyright under the old 
Law. 
(Partial amendments to the Law on Partial Amendments to the Copyright 
Law) 
4. -The Law on Partial Amendments to the Copyright Law (Law No.43, of 
1989) shall be partially amended as follows: 
In paragraph 4 of the Supplementary Provisions, the words "those 
referred to in Article 2, paragraph (4) of the Supplementary Provisions 
of the Copyright Law" shall be replaced by the words "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".