WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/JPN/C/2 
25 March 2004 
 (04-1358) 
Council for Trade-Related Aspects 
of Intellectual Property Original:   English/ 
 anglais/  inglés 
  
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
 
JAPAN 
   The present document reproduces the text
1 of the Copyright Law, as last amended 
on 19 June 2002, as notified by Japan under Article 63.2 of the Agreement (see document 
IP/N/1/JPN/2). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
JAPON 
   Le présent document contient le texte
1 de la Loi sur le droit d'auteur, modifiée en dernier lieu 
le 19 juin 2002, qui a été notifié par le Japon au titr e de l'article 63:2 de l'Accord (voir le document 
IP/N/1/JPN/2).  
 
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 PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
JAPÓN 
 
 
 En el presente documento se reproduce el texto1 de la Ley de Derecho de Autor, modificada 
por última vez el 19 de junio de 2002, que el Japón ha notificado en virtud del párrafo 2 del 
artículo 63 del Acuerdo (véase el documento IP/N/1/JPN/2). 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/JPN/C/2 
Page 2  
 
  
COPYRIGHT LAW 
 
 
(Law No.48, promulgated on May 6, 1970) 
  (As amended by: Law No.49, of May 18, 1978,  
 Law No.45, of May 19, 1981,  
 Law No.78, of D ecember 2, 1983,  
 Law No.23, of May 1, 1984,  
 Law No.46, of May 25, 1984,  
 Law No.62, of June 14, 1985,  
 Law No.64, of May 23, 1986,  
 Law No.65, of May 23, 1986,  
 Law No.87, of November 1, 1988,  
 Law No.43, of June 28, 1989,  
 Law No.63, of May 2, 1991,  
 Law No.106, of D ecember 16, 1992,  
 Law No.89, of November 12, 1993,  
 Law No.112, of D ecember 14, 1994,  
 Law No.91, of May 12, 1995,  
 Law No.117, of D ecember 26, 1996,  
 Law No.86, of June 18, 1997, 
 Law No.101, of June 12, 1998, 
 Law No.43, of May 14, 1999, 
 Law No.77, of June 23, 1999, 
 Law No.160, of December 22, 1999, 
 Law No.220, of December 22, 1999, 
 Law No.56, of May 8, 2000, and 
 Law No.72, of June 19, 2002) 
 
Table of Contents: 
 
Chapter I  General provisions   
Section 1  General rules (Articles 1 to 5) 
Section 2  Scope of application (Articles 6 to 9bis) 
 
Chapter II  Rights of authors   
Section 1  Works (Articles 10 to 13) 
Section 2  Authors (Articles 14 to 16) 
Section 3  Contents of rights 
Subsection 1  General rules (Article 17) 
Subsection 2  Moral rights (Articles 18 to 20) 
Subsection 3  Rights comprised in copyright (Articles 21 to 28) 
Subsection 4  Ownership of copyright in cinematographic works (Article 29) 
Subsection 5  Limitations on copyright (Articles 30 to 50) 
Section 4  Term of protection (Articles 51 to 58) 
Section 5  Inalienability of moral rights, etc.(Articles 59 and 60) 
Section 6  Transfer and expiry of copyright (Articles 61 and 62) 
Section 7  Exploitation of works under compulsory license (Articles 67 to 70) 
Section 9  Compensation (Articles 71 to 74) 
Section 10  Registration (Articles 75 to 78bis) 
 
Chapter III  Right of publication (Articles 79 to 88)   
 
Chapter IV  Neighboring rights   
Section 1  General rules (Articles 89 and 90) 
Section 2  Rights of performers (Articles 90bis to 95ter) 
Section 3  Rights of producers of phonograms (Articles 96 to 97ter)  IP/N/1/JPN/C/2 
 Page 3 
 
 
 Section 4  Rights of broadcasting organizations (Articles 98 to 100) 
Section 5  Rights of wire diffusion organizations (Articles 100bis to 100quinquies) 
Section 6  Term of protection (Article 101) 
Section 7  Inalienability of moral rights, etc. of performers (Articles 101bis and 101ter) 
Section 8  Limitations, transfer, exercise and registration of the rights (Articles 102 to 104) 
 
Chapter V  Compensation for private recording (Articles 104bis to 104decies)   
 
Chapter VI  Settlement of disputes (Articles 105 to 111)   
 
Chapter VII  Infringements (Articles 112 to 118)   
 
Chapter VIII  Penal provisions (Articles 119 to 124)   
 
Supplementary provisions 
 
 IP/N/1/JPN/C/2 
Page 4  
 
 Chapter I  General Provisions 
 
Section 1  General Rules (Purpose) 
Article 1. The purpose of this Law is, by providing for the rights of authors and the rights neighboring thereon 
with respect to works as well as performances, phonograms, broadcasts and wire diffusions, to secure the 
protection of the rights of authors, etc., having regard to a just and fair exploitation of these cultural products, 
and thereby to contribute to the development of culture. 
 
(Definitions) 
Article 2. (1)  In this Law, the following terms shall have the meaning hereby assigned to them respectively: 
 
(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; 
 
(v) "phonograms" means fixations of sounds on phonographic discs, recording-tapes and other material 
forms, excluding those intended fo r use exclusively with images; 
 
(vi) "producers of phonograms" means those who first fix the sounds contained in phonograms; 
 
(vii) "commercial phonograms" means copies of phonogrmas made for commercial purposes; 
 
(vii bis) "public transmission" means the transmission of radio communication or wire-telecommunication 
intended for direct reception by the pu blic, excluding the transmission (oth er than that of program works) 
by wire-telecommunication installations one part of wh ich 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; 
 
(viii) "broadcasting" means the public transmission of radio communication intended for simultaneous 
reception by the public of the tran smission having the same contents; 
 
(ix) "broadcasting organizations" means those who engage in the broadcasting business; 
 
(ix bis) "wire diffusion" means the public transmission of wire-telecommunication intended for simultaneous 
reception by the public of the tran smission having the same contents; 
 
(ix ter) "wire diffusion organizations" means those who engage in wire diffusion service; 
 
(ix quater) "interactive transmission"  means the public transmission made automatically in response to a 
request from the public, excluding the public transmi ssion falling within the term "broadcasting" or "wire 
diffusion"; 
 
(ix quinquies) "making transmittable" means the putting in such a state that the interactive transmission can 
be made by either of the following acts: 
 
(a)  to record information on a public transmission me mory of an interactive transmission server already 
connected with telecommunication networks for the use by the public ("interactive transmission server" 
means a device which, when connected with telecommunication networks for the use by the public, has a 
function of making the interactive transmission of inform ation which is either recorded on such a part of 
its memory as used for the interactive transmission (hereinafter in this item referred to as "public  IP/N/1/JPN/C/2 
 Page 5 
 
 
 transmission memory") or inputted to such device; the same shall apply hereinafter), to add a memory 
recording information as a public transmission memo ry of such an interactive transmission server, to 
convert such a memory recording information into a public transmission memory of such an interactive 
transmission server, or to input information to  such an interactive transmission server; 
 
(b)  to connect with telecommunication networks for the use by the public an interactive transmission 
server which records information on its public transmission memory or which inputs information to 
itself. In this case, where a connection is made thro ugh a series of acts such as wiring, starting of an 
interactive transmission server or putting into operation of programs for transmission or reception, the 
last occuring one of these acts shall be considered to constitute the connection. 
 
(x) "makers of cinematographic works" means those who take the initiative in, and the responsibility for, the 
making of a cinematographic work; 
 
(x bis) "program" means an expression of combined instructions given to a computer so as to make it function 
and obtain a certain result; 
 
(x ter) "databases" means an aggregate of informati on such as articles, numeri cals or diagrams, which is 
systematically constructed so that  such information can be searched  for with the aid of a computer; 
 
(xi) "derivative work" means a work  created by translating, arranging musically or transforming, or 
dramatizing, cinematizing, or otherwise adapting a pre-existing work; 
 
(xii) "joint work" means a work created by two or more persons in which the contribution of each person 
cannot be separately exploited; 
 
(xiii) "sound recording" means the fixation of sounds on some material forms and the multiplication of such 
fixation; 
 
(xiv) "visual recording" means the fixation of a se quence of images on some material forms and the 
multiplication of such fixation; 
 
(xv)"reproduction" means the reproduction in a tangible form by means of printing, photography, polygraphy, 
sound or visual recording or otherwise; and 
 
(a)  in the case of dramas and other similar dramatic  works, it includes sound and visual recording of the 
actings, broadcasts or wire diffusions of these works; and 
 
(b)  in the case of architectural works, it includes the construction of an architectur al work according to its 
plan; 
 
(xvi) "acting" means the performance of works by means other than musical playing ("musical playing" 
includes singing; the same shall apply hereinafter); 
 
(xvii) "presentation" means the projection of a work (other than that transmitted publicly) on the screen or 
other material forms, and includes such an intangible reproduction of sounds fixed in a cinematographic 
work as made in company with its projection; 
 
(xviii) "recitation" means the oral communication by me ans of reading or otherwise, not falling within the 
term "performance"; 
(xix) "distribution" means the transfer of ownership and lending of copies of a work to the public, whether 
with or without payment, and in the case of a cinematographic work or a work reproduced therein, it 
includes the transfer of ownership and lending of copies of such work for the purpose of making a 
cinematographic work available to the public; 
 
(xx) "technological protection measures" means measures to prevent or deter such acts as constitute 
infringements on moral rights of authors or copyright mentioned in Article 17, paragraph (1) or moral 
rights of performers mentioned in Article 89, paragraph (1) or neighboring rights mentioned in Article 89, IP/N/1/JPN/C/2 
Page 6  
 
 paragraph (6) (hereinafter in this item referred to as "c opyright, etc.") ("deter" means to deter such acts as 
constitute infringements on copyright, etc. by causing considerable obstruction to the results of such acts; 
the same shall apply in Article 30, paragraph (1), item (ii)) by electronic or magnetic means or by other 
means not perceivable by human perception (in the ne xt item referred to as "electro-magnetic means"), 
excluding such measures as used not at the will of the owner of copyright, etc., which adopt systems of 
recording in a memory or transmitti ng such signals as having specific effects on machines used for the 
exploitation of works, performances, phonograms, broadc asts or wire diffusions (in the next item referred 
to as "works, etc.") ("exploitation" includes acts wh ich would constitute infringements on moral rights of 
authors or performers if done without the consent of the author or the performe r), together with works, 
performances, phonograms, or sounds or images of broadcasts or wire diffusions. 
 
(xxi) "rights management information" means information concerning moral rights or copyright mentioned in 
Article 17, paragraph (1) or rights mentioned in Article 89, paragraphs (1) to (4) (hereinafter in this item 
referred to as "copyright, etc.") which falls within any of the following (a), (b) and (c) and which is 
recorded in a memory or transmitted by electro-magnetic means together with works, performances, 
phonograms, or sounds or images of broadcasts or wire diffusions, excluding such information as not used 
for knowing how works, etc. are expl oited, for conducting business relating to the authorization to exploit 
works, etc. and for other management of copyright, etc. by computer: 
 
(a) information which specifies works, etc., owners of copyright, etc. and other matters specified by 
Cabinet Order; 
 
(b) information relating to manners and conditions of the exploitation in case where the exploitation of 
works, etc. is authorized; 
 
(c) information which enables to specify matters mentioned in (a) or (b) above in comparison with other 
information. 
 
(xxii) "this country" means the jurisdicti on within which this Law is effective. 
 
(2)  As used in this Law,"artistic work" includes a work of ar tistic 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-ju ridical associations or foundations having representatives 
or administrators. 
 
(7)  In this Law,"performance" and "recitation" includ e the performance or recitati on of a work by means of 
sound or visual recordings, not falling within the term "public transmission" or "presentation" and the 
communication by means of telecommunication installations of performances or recitations of works, not 
falling within the term "public transmission". 
 
(8)  In this Law,"lending" includes any kind of similar acts of making acquire an authority to use, whatever may 
be their purpose or means. 
 
(9)  In this Law, the meanings assigned to the terms de fined in paragraph (1), items (vii bis), (viii), (ix bis), (ix 
quater), (ix quinquies), and (xiii) to (xix) and the preceding two paragraphs shall also apply to their variant 
forms, as the case may be. 
 
(Publishing of works) 
Article 3. (1)  A work has been "published" when copies of the work have been reproduced and distributed by a 
person who has the right mentioned in Article 21 or with the authorization of such person ("authorization" 
means the authorization to exploit a work under the provision of Article 63, paragraph (1); the same shall  IP/N/1/JPN/C/2 
 Page 7 
 
 
 apply hereinafter in this and the next Chapters, except Articles 4bis and 63) or by a person in favour of whom 
the right of publication mentioned in Article 79 has be en 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 Artic le 26, Article 26bis, paragraph (1) or Article 26ter). 
 
(2)  A work shall be considered as ha ving been "published" when copies of its translation have been reproduced 
and distributed, in such quantities as  provided for in the preceding paragr aph, by a person who has the same 
right as that mentioned in Article 21 in accordance with the provisions of Article 28  or with the authorization 
of such person (without prejudice to the right of a person who has the same right as that mentioned in Article 
26, Article 26bis, paragraph (1) or Article 26ter in accordance with the provision of Article 28). 
 
(3)  A person who would have the right mentioned in any of the preceding two paragraphs if this work were 
protected under this Law or a person who obtained the authorization to exploit the work from such person 
shall be considered to be a person who has such right or a person who obtained the authorization from such 
person, and the provisions of these paragraphs  shall apply with respect to these persons. 
 
(Making public of works) 
Article 4. (1)  A work has been "made public" when it has been published, or when it has been made available to 
the public, by a person who has the rights mentioned in Articles 22 to 25 or with the authorization of such 
person, by means of performance, presentation, public transmission, recitation or exhibition. In the case of 
architectural works, a work  also has been "made public" when it has been constructed by a person who has 
the right mentioned in Article 21 or with the authorization of such person. 
 
(2)  A work shall be considered as having been "made public" when it has been put, by a person who has the 
rights mentioned in Article 23, paragraph (1) or with th e authorization of such pers on, in such a state that it 
can be made transmittable. 
 
(3)  A work shall be considered as having been "made public" when its translation has been made available to 
the public, by a person who has the same rights as those mentioned in Articles 22 to  24 in accordance with the 
provision of Article 28 or with the authorization of such person, by means of performance, presentation, 
public transmission or recitation, or when such tran slation has been made transmittable by a person who has 
the same rights as those mentioned in Article 23, paragr aph (1) in accordance with th e provision of Article 28 
or with the authorization of such person. 
 
(4)  An artistic work or a photographic work shall be considered as having been "made public" when it has been 
exhibited, by such a person as mentioned in Article 45, paragraph (1), in such a manner as provided in that 
paragraph. 
 
(5)  A person who would have the right mentioned in paragraphs (1) to (3) of this Article if his work were 
protected under this Law or a person who 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 these persons. 
 
(Publishing of phonograms) 
Article 4bis. A phonogram has been "published" when copies of the phonogram have been reproduced and 
distributed by a person who has the right mentioned in Article 96 or with the authorization of such person 
("authorization" means the authorization to exploit a phonogram under the provision of Article 63, paragraph 
(1) which shall apply mutatis mutandis in Article 103; the same shall apply in Chapter IV, Sections 2 and 3), 
in such sufficient quantities as satisfy the reasonable requirements of the pubic, having regard to the nature of 
the phonogram (without prejudice to the right of a person who has the right mentioned in Article 97bis, 
paragraph (1) or Article 97ter, paragraph (1)). 
 
(Priority of international treaty) 
Article 5. If an international treaty provides otherwise with respect to the rights of authors and the rights 
neighboring thereon, the provi sions thereof shall prevail. 
 
Section 2  Scope of Application (Works) 
Article 6. The following shall be granted protection under this Law: IP/N/1/JPN/C/2 
Page 8  
 
  
(i)  works of Japanese nationals ("Japanese nationals " includes legal persons established under the Japanese 
law and those who have their principal offices in this countuy; the same shall apply hereinafter); 
 
(ii)  works first published in this country, including those first published outside the jurisdiction of this Law 
and published in this country within thirty days of that first publication; 
 
(iii)  works not falling within thos e mentioned in the preceding two items , to which Japan has the obligation 
to grant protection under an international treaty. 
 
(Performances) 
Article 7. The following shall be granted protection under this Law: 
 
(i)  performances which take place in this country; 
 
(ii)  performances fixed in the phonograms menti oned in item (i) or (ii) of the next Article; 
 
(iii)  performances transmi tted through the broadcasts mentioned in Article 9, item (i) or (ii), excluding those 
incorporated in sound or visual recordings before th e transmission with the authorization of the performers 
concerned; 
 
(iv)  performances transmitted through the wire diffusio ns mentioned in each item of Aritcle 9bis, excluding 
those incorporated in sound or visual recordings before the transmissoion with the authorization of the 
performers concerned; 
 
(v)  any of the following performances not falling w ithin those mentioned in the preceding four items: 
 
(a)  performances which take place in a Contracting St ate of the International Co nvention for the Protection 
of Performers, Producers of Phonograms and Broadcasti ng Organizations (hereinafter referred to as "the 
Convention for the Protecti on of Performers, etc."); 
 
(b)  performances fixed in the phonograms mentioned in item (iii) of the next Article; 
 
(c)  performances transmitted through the broadcasts mentioned in Article 9, item (iii), excluding those 
incorporated in sound or visual recordings befo re the transmission with the authorization of the 
performers conerned; 
 
(vi)  any of the following performances not falling within those mentioned in the preceding five items: 
 
(a) performances which take place in a Contracti ng Party to the WIPO Performances and Phonograms 
Treaty (hereinafter referred to as "the WPPT"); 
 
(b) performances fixed in the phonograms mentioned in item(iv) of the next Article; 
 
(vii)  any of the followi ng performances not falling within thos e mentioned in the preceding six items: 
 
(a)  performances which take place in a member of the World Trade Organizations; 
 
(b)  performances fixed in the phonograms mentioned in item (v) of the next Article; 
 
(c)  performances transmitted through the broadcasts mentioned in Article 9, item (iv), excluding those 
incorporated in sound or visual recordings befo re the transmission with the authorization of the 
performers conerned. 
 
(Phonograms) 
Article 8. The following shall be granted protection under this Law: 
 
(i)  phonograms the producers of which are Japanese nationals;  IP/N/1/JPN/C/2 
 Page 9 
 
 
  
(ii)  phonograms composed of the sounds which were first fixed in this country; 
 
(iii)  any of the following phonograms not falling within thos e mentioned in the preceding two items: 
 
(a)  phonograms the producers of which are nationals of any of the Contracting States of the Convention 
for the Protection of Performers, etc.("nationals" includes legal persons established under the law of such 
State and those who have their principal offices in  such State; the same shall apply hereinafter); 
 
(b)  phonograms composed of the sounds which were first fixed in any of the Contracting States of the 
Convention for the Protecti on of Performers, etc.; 
 
(iv) any of the following phonograms not falling within those mentioned in the preceding three items: 
 
(a) phonograms the producers of which are nationals of any of the Contracting  Parties to the WPPT 
("nationals" includes legal persons established under the law of such Contracting Party and those who 
have their principal offices in such Contracting Party; the same shall apply hereinafter); 
 
(b)  phonograms composed of the sounds which were first fixed in any of the Contracting Parties to the 
WPPT; 
 
(v)  any of the following phonograms not falling within those mentioned in the preceding four items: 
 
(a)  phonograms the producers of which are nationa ls of any of the members of the World Trade 
Organization ("nationals" includes legal persons established under the law of such member and those 
who have their principal offices in such member; the same hall apply hereinafter); 
 
(b)  phonograms composed of the sounds which were first fixed in any of the members of the World Trade 
Organization; 
 
(vi)  phonograms not falling within those mentioned in the preceding five items, to which Japan has the 
obligation to grant protection under the Convention for the Protection of Producers of Phonograms Against 
Unauthorized Duplication of Their Phonograms (in Ar ticle 121bis, item(ii) referred to as "the Phonograms 
Convention"). 
 
(Broadcasts) 
Article 9. The following shall be granted protection under this Law: 
 
(i)  broadcasts transmitted by broadcasting organizations of Japanese nationality; 
 
(ii)  broadcasts transmitted from tran smitters 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 w ithin 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 s ituated in any of the me mbers of the World Trade 
Organization. 
 IP/N/1/JPN/C/2 
Page 10  
 
 (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 II  Rights of Authors 
 
Section 1  Works (Classification of works) 
Article 10. (1)  As used in this Law, "works" shall include, in particular, the following: 
 
(i)  novels, dramas, articles, l ectures and other literary works; 
 
(ii)  musical works; 
 
(iii)  choreographic works and pantomimes; 
 
(iv) paintings, engravings, sculptures and other artistic works; 
 
(v)  architectural works; 
 
(vi) maps as well as figurative works of a scien tific 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; 
 
(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, inst ructions given to a computer. 
 
(Derivative works) 
Article 11. The protection granted by this Law to derivative works shall not prejudice the rights of authors of 
pre-existing works. 
 
(Compilation) 
Article 12. (1)  Compilations (not falling within the term "databases"; the same shall apply hereinafter) which, 
by reason of the selection or arrangement of their cont ents, constitute intellectual creations shall be protected 
as independent works. 
 
(2)  The provision of the preceding paragraph shall not prejudice the rights of authors of works which form part 
of databases defined in that paragraph.  IP/N/1/JPN/C/2 
 Page 11 
 
 
  
(Database works) 
Article 12bis. (1) Databases which, by reason of th e selection or systematic construction of information 
contained therein, constitute intellectual creati ons shall be protected as independent works. 
 
(2)  The provision of the preceding paragraph shall not prejudice the rights of authors of works which form part 
of databases defined in that paragraph. 
 
(Works not protected) 
Article 13. The following shall not form the subject matter of the rights provided for in this Chapter: 
 
(i)  the Constitution and other laws and regulations; 
 
(ii)  notifications, instructions, circular notices and the like issued by organs of the State or local public 
entities or independent administrative organs ("independent administrative organs" means those mentioned 
in Article 2, paragraph (1) of the Law for Genera l Rules for Independent Administrative Organs (Law 
No.103, of 1999); the same shall apply hereinafter); 
 
(iii)  judgments, decisions, orders and decrees of la w 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 thr ee items, made by organs 
of the State or local public entities or independent administrative organs. 
 
Section 2  Authors (Presumption of authorship) 
Article 14. A person, whose name or appellation (hereinafter referred to as "true name"), or whose generally 
known pen name, abbreviation or other substitute for his true name (hereinafter referred to as "pseudonym") 
is indicated as the name of the author  in the customary manner on the original of his work or when his work is 
offered to or made available to the public, shall be presumed to be the author of that work. 
 
(Authorship of a work made by an employee in the course of his duties) 
Article 15. (1)  The authorship of a work (except a prog ram work) which, on the initiative of a legal person or 
other employer (hereinafter in this Article referred to as "legal person, etc."), is made by his employee in the 
course of his duties and is made public under the name of such legal person, etc. as the author shall be 
attributed to that legal person, etc., unless otherwise s tipulated in a contract, work regulation or the like in 
force at the time of the making of the work. 
 
(2)  The authorship of a program work which, on the initiative of a legal person, etc. is made by his employee in 
the course of his duties, shall be attributed to that lega l person, etc., unless otherwise stipulated in a contract, 
work regulation or the like in force at the time of the the making of the work. 
 
(Authorship of a cinematographic work) 
Article 16. The authorship of a cinematographic work shall be attributed to those who, by taking charge of 
producing, directing, filming, art direction, etc., have contributed to the creation or that work as a whole, 
excluding authors of novels, scenarios, music or other works adapted or reproduced in that work; provided, 
however, that the provision of the preceding Article is not applicable. 
 
 
Section 3  Contents of Rights 
Subsection 1  General Rules (Rights of authors) 
Article 17. (1)  The author shall enjoy the rights men tioned in paragraph (1) of the next Article, Article 19, 
paragraph (1) and Article 20, paragraph (1) (hereinafter referred to as "moral rights of authors") as well as the 
rights mentioned in Articles 21 to 28 (h ereinafter referred to as "copyright"). 
 
(2)  The enjoyment of moral rights of authors and copyright shall not be subject to any formality. 
Subsection 2  Moral Rights of Authors (Right of making the work public) 
 IP/N/1/JPN/C/2 
Page 12  
 
 Article 18. (1)  The author shall have the rights to offer to and to make available to the public his work which 
has not yet been made public (including a work which has been made public without his consent; the same 
shall apply in this Article). The author shall have the same right with respect to works derived from his work 
which has not yet been made public. 
 
(2)  In the following cases, the author shall be presumed to have consented to the following acts: 
 
(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 ownership of the original of his artistic or photographic work which has not yet been made 
public has been transferred: the making available to  the public of the work by exhibiting its original; 
 
(iii)  where the ownership of copyri ght in his cinematographic work bel ongs to the maker in accordane with 
the provision of Article 29: the offering to and the making available to the public of the work by exercising 
the copyright therein. 
 
(3)  In the following cases, the author shall be considered to have consented to the following acts: 
 
(i)  where his work which has not yet been made public has been offered to government organizations 
("government organizations" means those provided in Article 2, paragraph (1) of the Law for the 
Disclosure of Information Possessed by Government Organizations (Law No.42, of 1999; hereinafter 
referred to as "the Government Organizations Information Disclosure Law")), (except in the case where 
any declaration of the intention of the author to the contrary by the time when the disclosure has been 
decided in accordance with the provisions of Article 9, paragraph (1) of the Government Organizations 
Information Disclosure Law): the offering to and the making available to the public of the work by the 
head of a government organizati on in accordance with the provisions of the Government Organizations 
Information Disclosure Law; 
 
(ii) where his work which has not yet been made public has been offered to independent administrative 
organs, etc. ("independent administrative organs, etc." means those provided in Article 2, paragraph(1) of 
the Law for the Disclosure of Information Possessed  by Independent Administrative Organs, etc. (Law 
No.140, of 2001; hereinafter referred to as "the Independent Administrative Organs, etc. Information 
Disclosure Law")), (except in the cas e where any declaration of the inten tion of the author to the contrary 
by the time when the disclosure has been decide d in accordance with the provisions of Article 9, 
paragraph(1) of the Independent Administrative Organs, etc. Information Disclosure Law): the offering to 
and the making available to the public of the work by an independent administrative organ, etc. in 
accordance with the provisions of th e Independent Administrative Organs , etc. Information Disclosure 
Law; 
 
(iii)  where his work which has not yet been made public  has been offered to local public entities (except in 
the case where any declaration of the intention of the author to the contrary by the time when the disclosure 
has been decided): the offering to and the making available to the public of the work by an organ of a local 
public entity concerned in accordance with the provisi ons of the Information Disclosure Regulations ("the 
Information Disclosure Regulations" means the regul ations of a local public entity concerned which 
provide for the right of residents, etc. to request th e disclosure of information possessed by such entity; the 
same shall apply hereinafter). 
 
(4)  The provisions of paragraph (1) sha ll not apply in any of the following cases: 
 
(i)  where a work, which has not yet been made public and in which information mentioned in Article 5, item 
(i) (b) or (c) or the proviso to Artic le 5, item (ii) of the Government Organizations Information Disclosure 
Law is recorded, is offered to or made available to th e public by the head of a government organization in 
accordance with the provision s of that Article, or wh ere a work, which has not yet been made public, is 
offered to or made available to the public by the h ead of a government organi zation in accordance with the 
provisions of Article 7 of the Government Organizations Information Disclosure Law; 
  IP/N/1/JPN/C/2 
 Page 13 
 
 
 (ii) where a work, which has not yet been made public and in which information mentioned in Article 5, 
item(i)(b) or (c) or the proviso to Article 5, item(ii) of the Independent Administrative Organs, etc. 
Information Disclosure Law is recorded, is offered to or made available to the public by an independent 
administrative organ, etc. in accord ance with the provisions of that Artic le, or where a work, which has not 
yet been made public, is offered to or made available to the public by an independent administrative organ, 
etc. in accordance with th e provisions of Article 7 of the I ndependent Administrative Organs, etc. 
Information Disclosure Law; 
 
(iii)  where a work which has not yet been made public (and in which information equivalent to that 
mentioned in Article 5, item (i) (b) or the proviso to Article 5, item (ii) of the Government Organizations 
Information Disclosure Law is recorded) is offered to or made available to the public by an organ of a local 
public entity in accordance with the provisions of the Information Disclosure Regulations (which have 
provisions equivalent to Article 13, paragraphs (2) and (3) of the Government Organizations Information 
Disclosure Law; the same shall apply in item (iv)); 
 
(iv) where a work which has not yet been made public (and in which information equivalent to that mentioned 
in Article 5, item (i) (c) of the Government Organi zations Information Disclosure Law is recorded) is 
offered to or made available to the public by an  organ of a local public en tity in accordance with the 
provisions of the Information Disclosure Regulations; 
 
(v) where a work which has not yet been made public is offered to or made available to the public by an organ 
of a local public entity in accordance with such prov isions of the Information Disclosure Regulations as 
equivalent to those of Article 7 of the Government Organizations Information Disclosure Law. 
 
(Right of determining the indication of the author's name) 
Article 19. (1) The author shall have the right to determine whether his true name or pseudonym should be 
indicated or not, as the name of the author, on the original of his work or when his work is offered to or made 
available to the public. The author shall have the same right with respect to the indication of his name when 
works derived form his work are offered to or made available to the public. 
 
(2)  In the absence of any declaration of the intention of the author to the contrary, a person 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. 
 
(4)  The provisions of paragraph (1) sha ll not apply in any of the following cases: 
 
(i)  where the name of the author is  indicated in the same manner as that  already adopted by  the author when 
his work is offered to or made available to the public by the head of a government organization, by an 
independent administrative organ, et c. or by an organ of a local publ ic entity in acco rdance with the 
provisions of the Government Organizations Information Disclosure Law, the Independent Administrative 
Organs, etc. Information Disclosure Law or the Information Disclosure Regulations; 
 
(ii)  where the name of the author is to be omitted when  his work is offered to or made available to the public 
by the head of a government organization, by an independent administrative organ, etc. or by an organ of a 
local public entity in acco rdance with the prov isions of Article 6, paragraph (2) of the Government 
Organizations Information Disclosure Law, the provisions of Article 6, paragraph(2) of the Independent 
Administrative Organs, etc. Information Disclosure Law or the provisions equivalent to the former of the 
Information Disclosure Regulations. 
 
 
(Right of preserving the integrity) 
Article 20. (1)  The author shall have the right to pres erve 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: IP/N/1/JPN/C/2 
Page 14  
 
  
(i)  change of ideographs or words or other modifications deemed unavoidable for the purpose of school 
education in the case of the explo itation of works under the provisions of Article 3, paragraph (1) 
(including the case where its application mutatis mutandi s is provided for under the provision of paragraph 
(4) of the same Article) and Article 34, paragraph (1); 
 
(ii)  modification of an architectural work by means of extension, rebuilding, repairing, or remodeling; 
 
(iii)  modification which is necessary  for enabling to use on a particular  computer a program work which is 
otherwise unusable on that computer, or to make more  effective the use of a pr ogram work on a computer; 
 
(iv)  other modifications not falling within those mentioned in the 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 exploiting it. 
 
Subsection 3  Rights Comprised in Copyright (Right of reproduction) 
Article 21. The author shall have the exclusive right to reproduce his work. 
 
(Right of performance) 
Article 22. The author shall have the exclusive right to perform his work publicly ("publicly" means for the 
purpose of making a work seen or heard directly by the public; the same shall apply hereinafter). 
 
(Right of presentation) 
Article 22bis The author shall have the exclusive right to present his work publicly. 
 
 
(Rights of public transmission, etc.) 
Article 23. (1)  The author shall have the exclusive right to transmit his work publicly (including the making 
transmittable of his work in the cas e of the interactive transmission). 
 
(2)  The author shall have the exclusive right to comm unicate publicly, by means of a receiving apparatus, his 
work which has been transmitted publicly. 
 
(Right of recitation) 
Article 24. The author of a literary work shall have the exclusive right to recite his work publicly. 
 
(Right of exhibition) 
Article 25. The author of an  artistic work or of an unpublished photogr aphic work shall have the exclusive right 
to exhibit publicly the original of his work. 
 
(Right of distribution) 
Article 26. (1)  The author of a cinematographic work shall have the exclusive right to distribute copies of his 
work. 
 
(2)  The author of a work reproduced in a cinematographic work shall have the exclusive right to distribute 
copies of his work. 
 
(Right of transfer of ownership) 
Article 26bis (1)  The author shall have the exclusive right to offer his work (except a cinematographic work; 
the same shall apply hereinafter in this Article) to the pub lic by transfer of ownership of the original or copies 
of the work (excluding copies of a cinematographic work in the case of a work reproduced in the 
cinematographic work; the same shall apply hereinafter in this Article). 
 
(2)  The provision of the preceding paragraph shall not apply in the case of the transfer of ownership of such 
original or copies of a work as falling within any of the following items: 
 
(i) the original or copies of a work the ownership of which has been transferred to the public by a person who 
has the right mentioned in the preceding paragrap h or with the authori zation of such person; 
  IP/N/1/JPN/C/2 
 Page 15 
 
 
 (ii) copies of a work the ownership of which has been transferred to the public under the authority of a 
compulsory license under the provisions of Article 67, paragraph (1) or Article 69 or with a license under 
the provisions of Article 5, paragraph (1) of the Law concerning the Exceptional Provisions to the 
Copyright Law required in consequence of the Enforcement of the Universal Copyright Convention (Law 
No.86, of 1956); 
 
(iii) the original or copies of a work the ownershi p of which has been transferred to a small number of 
specific persons by a person who has the right mentioned in the preceding paragraph or with the 
authorization of such person; 
 
(iv) the original or copies of a work the ownership of which has been transferred, outside the jurisdiction of 
this Law, without prejudice to the right equivalent to that mentioned in the preceding paragraph or by a 
person who has the right equivalent to that mentioned in that paragraph or with the authorization of such 
person. 
 
(Right of lending) 
Article 26ter The author shall have the exclusive right to offer his work (except a cinematographic work) to the 
public by lending copies of the work (excluding copies of a cinematographic work in the case of a work 
reproduced in the cinematographic work). 
 
(Rights of translation, adaptation, etc.) 
Article 27. The author shall have the exclusive right to tr anslate, arrange musically or  transform, or dramatize, 
cinematize, or otherwise adapt his work. 
 
(Rights of the original author in the exploitation of a derivative work) 
Article 28. In the exploitation of a derivative work, the author of the pre-existing work shall have the same 
rights as those the author of the derivative work has under the provisions of this Subsection. 
 
Subsection 4  Ownership of Copyright in Cinematographic Works  
(Ownership of copyright in cinematographic works) 
Article 29. (1)  Copyright in a cinematographic work, to which the 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 u ndertaken 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 broadcast 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. 
 
Subsection 5  Limitations on Copyright  
(Reproduction for private use) IP/N/1/JPN/C/2 
Page 16  
 
 Article 30. (1)  It shall be permissible for a user to reproduce by himself a work fo rming 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 (her einafter referred to as "private use"), except in the 
following cases: 
 
(i)  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 by the public; 
 
(ii)  where such reproduction is made by a person who knows that such reproduction becomes possible by the 
circumvention of technological pr otection measures or it ceases to  cause obstruction, by such 
circumvention, to the results of acts deterred by such measures ("circumvention" means to enable to do acts 
prevented by technological protection measures or to stop causing obstruction to the results of acts deterred 
by such measures, by removal or alteration of signals  used for such measures; the same shall apply in 
Article 120bis, items (i) and (ii)) ("removal" or "alteration" does not include such removal or alteration as 
is conditional upon technology involved in the conversion of recording or transmission systems). 
 
(2)  Any person who, for the purpose of private use, makes sound or visual recording on such a digital recording 
medium as specified by Cabinet Order by means of such a digital recording machine as specified by Cabinet 
Order (excluding (a) machines having special efficiency generally not for private use but for business use, 
such as that for broadcasting, and (b) machines having sound or visual recording functions incidental to the 
primary functions, such as telephones with sound recording function) shall pay a reasonable amount of 
compensation to the copyright owners concerned. 
 
(Reproduction in libraries, etc.) 
Article 31. It shall be permissible to reproduce a work included in library materials ("library materials" in this 
Article means books, documents and other materials held in the collection of libraries, etc.) within the scope 
of the non-profit-making activities of libraries, etc.("libraries, etc." in this Article means libraries and other 
establishments, designated by Cabinet Order, having the purpose, among others, to offer library materials for 
the use by the public) in any of 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 becau se the materials are out of prin t or for other similar reasons. 
 
(Quotations) 
Article 32. (1)  It shall be permissible to make quotations from a work already made public, provided that their 
making is compatible with fair practice and their extent  does not exceed that jus tified by purposes such as 
news reporting, criticism or research. 
 
(2)  It shall also be permissible for the press or other periodicals to reproduce informatory, investigatory or 
statistical data, reports and other works of similar character which have been prepared by organs of the State 
or local public entities or independent administrative organs for the purpose of public information and which 
have been made public under their authorship, provided that the reproduction thereof is not expressly 
prohibited. 
 
(Reproduction in school textbooks, etc.) 
Article 33. (1)  It shall be permissible to reproduce in school textbooks ("school textbooks" means textbooks 
authorized by the Minister of Education and Science or those compiled under the authorship of the Ministry 
of Education and Science to be used for the education of children or pupils in primary schools, junior or 
senior high schools or other similar schools) works already made public, to  the extent deemed necessary for 
the purpose of school education. 
  IP/N/1/JPN/C/2 
 Page 17 
 
 
 (2)  A person who makes such reproduction shall inform the author thereof and pay to the copyright owner 
compensation, the amount of which is fixed each year by the Commissioner of the Agency for Cultural 
Affairs, by taking into account the purpose of the provision of the preceding paragraph, the nature and the 
purpose of the work, the ordinary rate of royalty, and other conditions. 
 
(3)  The Commissioner of the Agency for Cultural Affairs shall announce in the Official Gazette the amount of 
compensation fixed in accordance with the provision of the preceding paragraph. 
 
(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 mentione d in paragraph (1) intended for teach ers (these guidance books shall be 
limited to those published by the same publisher of the textbooks). 
 
(Broadcasting, etc. in sc hool 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 pu rpose of school education. 
 
(2)  A person who makes such exploitation of a work sh all inform the author thereof and pay to the copyright 
owner a reasonable amount of compensation. 
 
(Reproduction in schools and other educational institutions) 
Article 35. A person who is in charge of teaching in a school or other educ ational 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 t eaching, provided that such reproducti on does not unreasonab ly 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 sk ill, or such examination for a license, to the extent 
deemed necessary fo r 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 re produce in braille a work already made public. 
 
(2)  It shall be permissible to record on a memory, or to make the public transmission (excluding the 
broadcasting or wire diffusion and including the ma king transmittable in the case of the interactive 
transmission) of, a work already made public, by means of a braille processing system using a computer. 
 
(3)  For braille libraries and other establishments for th e promotion of the welfare of the visually handicapped, 
designated by Cabinet Order, it shall be permissible to make sound recordings of a work already made public, 
exclusively for the purpose of lending such recordings for the use by the visually handicapped. 
 
(Interactive transmission for the aurally handicapped) 
Article 37bis. A person, designated by Cabinet Order, who does activities for the promotion of the welfare of 
the aurally handicapped, may make an interactive transmission (including the making transmittable by means 
of inputting information to an interactive transmission server already connected with telecommunication 
network for the use by the public) of a work broadcast or diffused by wire, by converting oral words of that 
work into written words, exclusively for the purpose of the use by the aurally handicapped. 
 
(Performance, etc. no t for profit-making) 
Article 38. (1)  It shall be permissible to publicly perform, present and recite a work already made public, for 
non-profit-making purposes and without charging any fees ("fees" includes any kind of charge to be imposed IP/N/1/JPN/C/2 
Page 18  
 
 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 performa nce, presentation or recitation. 
 
(2)  It shall be permissible to diffuse by wire a work already broadcast, for non-profit-making purposes and 
without charging any fees to audience or spectators. 
 
(3)  It shall be permissible to communicate publicly , by means of a receiving apparatus, a work already 
broadcast or diffused by wire, for 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 cinematographi c work) already made public, 
by lending copies of the work (excluding copies of a cinematographic work in the case of a work reproduced 
in the cinematographic work) for non-profit-making purposes and without charging any fees to borrowers of 
such copies. 
 
(5)  For audiovisual education establishments and other establishments not for profit-making, designated by 
Cabinet Order, having the purposes, among others, to  offer cinematographic films and other audiovisual 
materials for the use by the public, it shall be permissible to distribute a cinematographic work already made 
public, by lending copies of the work, without charging any fees to borrowers of su ch copies. In this case, a 
person who makes such distribution shall pay a reasonable amount of compensation to the owner of the right 
mentioned in Article 26 (including the owner of the same  right as that mentioned in Article 26 in accordance 
with the provision of Article  28) with respect to such a cinematographic work or a work reproduced in that 
cinematographic work. 
 
(Reproduction, etc. of ar ticles on current topics) 
Article 39. (1)  It shall be permissible to reproduce in the press, broadcast or diffuse by wire articles published in 
newspapers or periodicals on current political, economic or social topics, not having a scientific character, 
provided that such reproduction, broadcasting or wire diffusion thereof is not expressly prohibited. 
 
(2)  It shall also be permissible to  communicate publicly, by means of a receiving apparatus, articles thus 
broadcast or diffused by wire. 
 
(Exploitation of political speeches, etc.) 
Article 40. (1)  It shall be permissible to exploit, by any means, political speeches  delivered in public and 
speeches delivered in the course of judicial proceedings (including those corresponding to judicial 
proceedings such as determinations by administrative agencies; the same shall apply in Article 42), except 
such exploitation as involves a collec tion of the works of the same author. 
 
(2) It shall be permissible to reproduce in the press, broadcast or diffuse by wire speeches not falling within the 
preceding paragraph, which are delivered in public by organs of the State or local public entities or 
independent administrative organs, to the extent justified by the informatory purpose. 
 
(3)  It shall also be permissible to  communicate publicly, by means of a receiving apparatus, speeches thus 
broadcast or diffused by wire. 
 
(Reporting of current events) 
Article 41. For the purpose of reporting current events by means of photography, cinematography, broadcasting 
or otherwise, it shall be permissible to reproduce and exploit a work involved in the event or a work seen or 
heard in the course of the event, to the ex tent justified by the informatory purpose. 
 
(Reproduction for judici al 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 wo rk as well as the number of copies and the form of reproduction. 
  IP/N/1/JPN/C/2 
 Page 19 
 
 
 (Exploitation for Disclosure by the Government Or ganizations Information Disclosure Law, etc.) 
Article 42bis. For the purpose of offering to or making available to the public of a work in accordance with the 
provisions of the Government Organizations Information Disclosure Law, the Independent Administrative 
Organs, etc. Information Disclosure Law or the In formation Disclosure Regulations, the head of a 
government organization, an independent administrative organ, etc. or an organ of a local public entity may 
exploit the work if and to the exte nt deemed necessary for the purpose of the disclosure by means mentioned 
in Article 14, paragraph (1) of the Government Organizations Information Disclosure Law (including the 
provisions of Cabinet Order under that paragraph), by means mentioned in Article 15, paragraph(1) of the 
Independent Administrative Organs, etc. Information Disclosure Law (including means decided by the 
independent administrative organ, etc. concerned under that paragraph and excluding means other than those 
provided for by Cabinet Order under the provisions of Article 14, paragraph(1) of the Government 
Organizations Information Disclosure Law) or by means provided for in the Information Disclosure 
Regulations (excluding means other than those mentioned in Article 14, paragraph (1) of the Government 
Organizations Information Disclosure Law). 
 
(Exploitation by means of translation, adaptation, etc.) 
Article 43. The exploitation of works permitted under the provisions mentioned below shall include that made 
by the following means: 
 
(i)  Article 30, paragraph (1) or Articles 33 to 35: translation, musical arrangement, transformation, and 
adaptation; 
 
(ii)  Article 31, item (i), Article 32, 36 or 37, Article 39 , paragraph (1), Article 40, paragraph (2), or Article 41 
or 42: translation. 
 
(iii)  Article 37bis: adaptatio n (only in summary form). 
 
(Ephemeral recordings by broadcasting organizations, etc.) 
Article 44. (1)  Broadcasting organizations may make ephemeral sound or visual recordings of a work which 
they are in a position to broadcast, without prejudice to the right of the author mentioned in Article 23, 
paragraph (1), for the purpose of their own broadcasts and by means of their own facilities or facilities of 
other broadcasting organizations which are in a position to broadcast the same work. 
 
(2)  Wire diffusion organizations may make ephemeral sound or visual recordings of a work which they are in a 
position to diffuse by wire, without prejudice to the right  of the author mentioned in Article 23, paragraph (1), 
for the purpose of their own wire diffusions (except those made upon receiving broadcasts) and by means of 
their own facilities. 
 
(3)  It shall not be permissible to preserve such ephemeral recordings made in accordance with the provisions of 
the preceding two paragraphs for a period exceeding six months after their making or, if the recordings are 
broadcast or diffused by wire within this period, for a period exceeding six months after that broadcasting or 
wire diffusion; provided, however, that such preservation is permitted if the preservation in official archives 
is authorized by Cabinet Order. 
 
(Exhibition of an artistic work, etc. by  the owner of the original thereof) 
Article 45. (1)  The original of an artistic work or a photographic work may be publicly exhibited by its owner 
or with his authorization. 
 
(2)  The provision of the preceding pa ragraph shall not apply with respect  to the permanen t location of the 
original of an artistic work  in open places accessible to the public, su ch as streets and parks, or at places 
easily seen by the public, such as the outer walls of buildings. 
 
(Exploitation of an artistic work , etc. located in open places) 
Article 46. It shall be permissible to exploit artistic wo rks permanently located in su ch open places as mentioned 
in paragraph (2) of the preceding Ar ticle and architectural works by any means not falling within any of the 
following items: 
 
(i)  multiplication of a sculpture and offering it to th e public by transfer of ownership of its copies; IP/N/1/JPN/C/2 
Page 20  
 
  
(ii)  imitative reproduction of an architectural work and of fering it to the public by transfer of ownership of its 
copies; 
 
(iii)  reproduction of a work  for the purpose of locating it permanently  in such open places as mentioned in 
paragraph (2) of the preceding Article; 
 
(iv)  reproduction of an artistic work exclusively for th e purpose of selling its copies and sale of such copies. 
 
(Reproduction required for an ex hibition 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 introduc ing them to spectators. 
 
(Reproduction, etc. by the owne r of a copy of a program work) 
Article 47bis. (1)  The owner of a copy of a program work may make copies or adaptations (including the 
making copies of a derivative work created by means of ad aptation) of that work if and to the extent deemed 
necessary for the purpose of exploiting that work on a computer by himself, provided that the provision of 
Article 113, paragraph (2) does not apply to the use made of such copies in connection with such exploitation. 
 
(2)  If the owner of copies mentioned in the preceding paragraph has ceased to have the ownership of any of 
copies mentioned in that paragraph (including copies made in accordance with the provision of that 
paragraph) for reasons other than those of destruction, he may not thereafter preserve other copies in the 
absence of any declaration of the intention of the copyright owner to the contrary. 
 
(Transfer of ownership of copies made in accordance with  the provisions of limitations on reproduction right) 
Article 47ter. Works permitted to be reproduced in accordance with  the provisions of Article 31, item (i), Article 
32, Article 33, paragraph (1) (including the case where its application mutatis mutandis is provided for under 
the provision of Article 33, paragraph (4)), Article 34, paragraph (1), Article 35, Article 36, paragraph (1), 
Article 37, paragraph (1) or (2), Article 39, paragraph (1), Article 40, paragraph (1) or (2), Article 41, 42, 
42bis, 46 or 47 shall also be permitted to be offered to the public by transfer of ownership of copies made in 
accordance with these pr ovisions, excluding copies of cinematogra phic works in cases of the provisions of 
Article 31, item (i), Article 35, Article 36, paragraph (1) or Article 42 (including copies of cinematographic 
works in cases of works reproduced in cinematographi c works; the same shall apply hereinafter in this 
Article), except in the case where the ownership of copi es of works made in accord ance with the provisions 
of Article 31, item (i) or Article 35, 41, 42 or 42bis is transferred to the public for purposes other than those 
mentioned in Article 31, item (i) or Article 35, 41, 42 or 42bis (excluding copies of cinematographic works in 
cases of the provisions of Article 31, item (i) or Article 35 or 42). 
 
(Indication of sources) 
Article 48. (1)  In any of the following cases, the sour ce must be clearly indicated  in the manner and to the 
extent deemed reasonable by the form of reproduction or exploitation: 
 
(i)  where reproduction is made of  works in accordance with  the provisions of Article 32, Article 33, 
paragraph (1) (including the case where its application mutatis mutandis is provided for under the provision 
of paragraph (4) of the same Ar ticle), Article 37, paragraph (1) or (3), or Article 42 or 47; 
 
(ii)  where exploitation is made of  works in accordance with the provisions of Article 34, paragraph (1), 
Article 37bis, Article 39, paragraph (1), or Article 40, paragraph (1) or (2); 
 
(iii)  where exploitation, other than  reproduction, is made of works in  accordance with th e provisions of 
Article 32, or where exploitation is made of works in accordance with the provisions of Article 35, Article 
36, paragraph (1), Article 38, paragraph (1), or Article 41 or 46, provided that standard practice so requires. 
 
(2)  When indicating the source under th e 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. 
  IP/N/1/JPN/C/2 
 Page 21 
 
 
 (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 mentioned in Article 21: 
 
(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 (3 ), or Articles 41 to 42bis, or Article 44, paragraph 
(1) or (2), or the making available to the public of work s 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 co pies falling within those mentioned in item (ii) of the 
next paragraph) made in accordance with the provision of Article 47bis, paragraph (1), or the making 
available to the public of works by the use of these copies; 
 
(iv)  the preservation of copies mentioned in Article 47bis, paragraph (2) in violation of that paragraph 
(excluding copies falling within those mentioned in item (ii) of the next paragraph). 
 
(2)  The following acts shall be considered to constitute the translation, musical arrangement, transformation or 
adaptation mentioned in Article 27 with respect to  pre-existing works of derivative works concerned: 
 
(i)  the distribution of copi es of derivative works made in accordance with the provisions of Article 43, item 
(1) or (2), or the making available to the public of derivative works by the use of these copies, for purposes 
other than those mentioned in Article 30, paragraph (1), Article 31, item (i), Article 35, Article 37, 
paragraph (3), or Article 41 or 42; 
 
(ii)  the distribution of copies of derivative works made in accordance with  the provisions of Article 47bis, 
paragraph (1) or the making available to the public of derivative works by the use of these copies; 
 
(iii)  the preservation of copies mentioned in the precedi ng item in violation of the provision of Article 47bis, 
paragraph (2). 
 
(Relationship with moral rights of authors) 
Article 50. No provisions of this Subsection may be interp reted as affecting the protection of the moral rights of 
the author. 
 
Section 4  Term of Protection (In general) 
Article 51. (1)  The duration of copyright shall begin with the creation of the work. 
 
(2)  Copyright shall continue to subsist until the end of a period of fifty years following the death of the author 
(or following the death of the last surviving co-author in the case of a joint work; the same shall apply in 
paragraph (1) of the next Article), unles s otherwise provided in this Section. 
 
(Anonymous and pseudonymous works) 
Article 52. (1)  Copyright in anonymous and pseudonymo us works shall continue to subsist until the end of a 
period of fifty years following 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 co nsidered 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; 
 IP/N/1/JPN/C/2 
Page 22  
 
 (ii)  where, within the period men tioned in the preceding paragraph, the au thor causes his true name to be 
registered in accordance with the provi sion of Article 75, paragraph (1); 
 
(iii)  where, within the period mentioned in the preceding paragraph, the author has made public his work on 
which he indicates his true name 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 para graph 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, paragr aph (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 cinematographic work has expired at the end of its duration, copyright subsisting in the 
original works adapted cinematographica lly 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, paragr aph (1), Article 53, paragraph (1), an d Article 54, paragraph (1), the time 
when works have been made public shall be determ ined by the making public of each volume, issue or 
installment in the case of works which are made public in regular ly succeeding volumes, issues or 
installments, or by the making public of the last part  in the case of works which are made public in parts. 
 
(2)  In the case of works which are made public in parts, th e 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 year in which such event occurred. 
 
(Exceptional provisions for the term of protection) 
Article 58. In the case of works not falling within Articl e 6, item (i), if the country of origin thereof is 
considered to be a foreign country which is a member  of the International Union established by the Berne 
Convention for the Protection of Literary and Artistic Works, a contracting party to the WIPO Copyright 
Treaty or a member of the World Trade Organizatio n in accordance with the pr ovisions of the Berne 
Convention, the WIPO Treaty or the Ma rrakesh Agreement Estab lishing 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. of Authors   IP/N/1/JPN/C/2 
 Page 23 
 
 
 (Inalienability of moral rights of authors) 
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. 
 
Section 6  Transfer and Expiry of Copyright  
(Transfer of copyright) 
Article 61. (1)  Copyright may be transferred in any of whole or in part. 
 
(2)  Where a contract for the 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 any of the following cases: 
 
(i)  where, after the author's death,  the copyright is to belong to the National Treasury in accordance with the 
provision of Article 959 of the Civil Code (Law No.89, of 1896); 
 
(ii)  where, after the dissolution of a legal person who is  the owner of copyright, the copyright is to belong to 
the National Treasury in 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. 
 
Section 7  Exercise of Rights  
(Authorization to exploit works) 
Article 63. (1)  The copyright owner may grant another person the 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, such author ization to broadcast or diffuse by wire a work shall not 
imply the authorization to make sound or visual recordings of the work. 
 
(5)  The provision of Article 23, paragraph (1) shall not apply to such making transmittable of a work, by a 
person who has obtained such authorization with respect to the making transmittable of the work, as being 
made repeatedly or by means of another interactive transmission server in the manner and to the extent so 
authorized, provided that such manner and extent are not concerned with the frequency of the making 
transmittable of a work or an interactive transmission server to be used for the making transmittable of a 
work. 
 
(Exercise of moral rights of co-authors) 
Article 64. (1)  Moral rights of co-authors of a joint work may not be 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 
 IP/N/1/JPN/C/2 
Page 24  
 
 (4)  Limitations on the representation mentioned in the preceding paragraph shall not be effective against a bona 
fide third party. 
 
(Exercise of joint copyright) 
Article 65. (1)  Each co-owner of copyright in a joint work  or of copyright in co-owner ship (hereinafter in this 
Article referred to as "joint copyright") shall not be en titled to transfer or pledge his share without the consent 
of the other co-owners. 
 
(2)  Joint copyright may not be exercised without unanimous agreement of all the co-owners. 
 
(3)  In the preceding two paragraphs , each co-owner may not, without reas onable 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 resp ect 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. 
 
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 provision of th e preceding paragraph must bear an 
indication to the effect that the reproduction of th ese 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 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 so ld for the first time in this country and after the 
expiration of a period of three years from the date of such first sale, a person who intends to make a sound 
recording of a musical work already recorded on such phonograms with the authorization of the copyright 
owner and thereby to manufacture other commercial phonograms may make such recording or offer such 
recording to the public by transfer of ownership under the authority of a compulsory license issued by the  IP/N/1/JPN/C/2 
 Page 25 
 
 
 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 from the copyright owner to make a sound recording of the work 
or to offer such recording to the public by transfer of ownership and failed to reach an agreement or that he 
was unable to enter into negotiations with the copyright owner. 
 
(Procedures and standards of compulsory licensing) 
Article 70. (1) Applicants for a license mentioned in Article 67, paragraph (1), Article 68, paragraph (1) or the 
preceding Article shall pay an application fee, the amount of which shall be fixed by Cabinet Order, taking 
into account actual cost. 
 
(2)  The provision of the preceding paragraph shall not apply in the case where a person who shall pay an 
application fee in accordance with th e provision of that paragraph is the State or such an independent 
administrative organ as is designated by Cabinet Order, taking into account contents of its business or other 
circumstances (referred to as "the State, etc." in Article 78, paragrap h (5) and Article 107, paragraph (2)). 
 
(3)  Upon receipt of an application for a license menti oned in Article 68, paragraph (1) or the preceding Article, 
the Commissioner of the Agency for Cultural Affairs sh all notify the copyright owner concerned thereof in 
order to afford him an opportunity to express his opinion within an adequately specified period of time. 
 
(4)  Even upon receipt of an app lication for a license mentioned in Ar ticle 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). 
 
(5)  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 af ford 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 accompanied by the reason therefore. 
 
(6)  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 (1) or the preceding Article, 
notify the parties concerned thereof. 
 
(7)  Other than those provided for in the preceding para graphs, necessary matters in connection with the licenses 
mentioned in this Section shall be provided by Cabinet Order. 
 
Section 9  Compensation  
(Consultation with the Culture Council) 
Article 71. The Commissioner of the Agency for Cultural Affairs shall, when fixing the amount of 
compensation mentioned in Article 33, paragraph (2) (including the case where its application mutatis 
mutandis is provided for under the provision of paragraph (4) of the same Article), Article 67, paragraph (1), 
Article 68, paragraph (1), and Article 69, consult with the Culture Council. 
 
(Dissatisfaction with the amount of compensation fixed) 
Article 72. (1)  The parties concerned who are dissatisfied with the amount of compensation fixed in accordance 
with the provision of Article 67, paragraph (1), Article 67, paragraph (1) or Article 69 may bring an action for 
an increase or decrease therei n, within a period of three months from th e date when they learned that a license 
had been issued under any of these provisions. 
 IP/N/1/JPN/C/2 
Page 26  
 
 (2)  In an action under th e 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, an d 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 provisio n of Article 67, paragraph (1), Article 68, paragraph 
(1) or Article 69, the dissatisfacti on with the amount of compensation fi xed shall not constitute a reason for 
this dissatisfaction with the issuance of the license, ex cept in the case where a pe rson who obtained a license 
mentioned in Article 67, paragraph (1) cannot bring an action mentioned in paragraph (1) 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 compensatio n as 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 r eceive or cannot receive the compensation; 
 
(ii)  where the copyright owner canno t be identified with no negligence 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 
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, pay the su m according to his estimate and deposit the balance between his estimate 
and the amount of compensation fixed. 
 
(3)  The deposit of a compensation under the provisions of Article 67, paragraph (1) or (2) shall be made at a 
deposit office conveniently near to the known domicile or residence of the copyright owner if he has such in 
this country or otherwise near to the domi cile or the residence of the depositor. 
 
(4)  The depositor mentioned in the preceding paragraph shall notify the copyright owner of that deposit, except 
in the case where he cannot notify him thereof because he is unknown or for other reasons. 
 
Section 10  Registration  
(Registration of the true name) 
Article 75. (1)  The author of an anonymous or pseudonymous work may have his true name registered with 
respect to that work, regardless of whethe r 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 th e 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/1/JPN/C/2 
 Page 27 
 
 
 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 with 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 effectiv e against any third party without registration thereof: 
 
(i)  the transfer (except that by inheritance or other successions 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 ri ght secured), or the restric tion on the disposal, of the 
right of pledge established on copyright. 
 
(Procedures, etc. for registration) 
Article 78. (1)  The registrations mentioned in Article 75, paragraph (1), Article 76, paragraph (1), Article 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 (1), 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 abstract of entries in the copyright register or a copy of its annexed documents 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 provision of the preceding paragraph shall not apply in the case where a person who shall pay a fee in 
accordance with the provisi on of that paragraph is the State, etc. 
 
(6)  The provisions of Chapter II 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). 
 
(7)  The provisions of the Government Organizations In formation Disclosure Law shall not apply to entities in 
the copyright register and its annexed documents. 
 
(8)  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 78bis. Other than those provided for in this Section, matters relating to the registrations of program 
works shall be provided by another law. 
 
 
Chapter III  Right of Publication 
 
(Establishment of the right of publication) 
Article 79. (1) The owner of the right mentioned in Article  21 (hereinafter in this Chapter referred to as "the 
owner of reproduction right") may establish the right of publication in favour of a person who undertakes to 
publish the work in a writing or a printing. 
 
(2)  The owner of reproduction right may establish the right of publication only with the authorization of the 
pledgee if the right of pledge is established on the reproduction right. 
 IP/N/1/JPN/C/2 
Page 28  
 
 (Contents of the right of publication) 
Article 80. (1)  The owner of the right of publication shall,  as stipulated in the contract of establishment, have 
the exclusive right to reproduce the original text of the work, on which the right of publication is established, 
in a writing or a printing by means of typography of other mechanical or chemical processes for the purpose 
of distribution. 
 
(2)  If the author of the work dies within the duration of  the right of publication or, after three years have passed 
from the first publication following the establishment of the right of publication, unless otherwise stipulated 
in the contract of establishment, the owner of reproduction right may, notwithstanding the provision of the 
preceding paragraph, reproduce the work in a complete collection of works or other compilations comprising 
only the works of the same author. 
 
(3)  The owner of the right of publication may not authorize any third party to reproduce the work on which the 
right of publication is established. 
 
(Obligation of publication) 
Article 81. Unless otherwise stipulated in the contract of establishment, the owner of the right of publication 
shall have the following obligations: 
 
(i)  to publish the work within a pe riod of six months after the date wh en 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. (1) In the new reproduction made by the owne r 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 publica tion 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 expi re at the end of a period of three y ears from the first publication after the 
establishment of the right, unless otherwise s tipulated in the contract of establishment. 
 
(Request to terminate the right of publication) 
Article 84. (1) When the owner of the right of publication has not discharged his obligation mentioned in Article 
81, item (i), 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. 
 
Article 85. －Deleted. 
 
 
  IP/N/1/JPN/C/2 
 Page 29 
 
 
 (Limitation on the right of publication) 
Article 86. (1)  The provisions of Article 30, paragraph (1), Articles 31 and 32, Article 33, paragraph (1) 
(including the case where its application mutatis mutandi s is provided for under the provisions of paragraph 
(4) of the same Article), Article 34, paragraph (1), Artic le 35, Article 36, paragraph (1), Article 37, paragraph 
(1), Article 39, paragraph (1), Article 40, paragraphs (1) and (2), and Articles 41, 42, 42bis, 46 and 47 shall 
apply mutatis mutandis to the reproduction of works on which the right of publication is established. In these 
cases, "the copyright owner" in Articles 35 and 42 shall read "the owner of the right of publication". 
 
(2)  The distribution and the making available to the public of copies of works reproduced in accordance with 
the provisions of Article 30, paragraph (1), Article 31, item (i) or Article 35, 41, 42 or 42bis which shall apply 
mutatis mutandis in the preceding paragraph, for purposes other than those mentioned in these provisions, 
shall be considered to constitute the reproduction 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 eff ective against any third party without the registration 
thereof: 
 
(i)  the establishment, transfer (ex cept that by inheritance or other successi ons 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 oblig atory 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" in Article 78, paragraphs (1), (3) 
and (7) shall read "the register of the right of publication". 
 
 
Chapter IV  Neighboring Rights 
 
Section 1  General Rules 
(Neighboring rights) 
Article 89. (1) Performers shall enjoy the rights mentioned in Article 90bis, paragraph (1) and Article 90ter, 
paragraph (1) (hereinafter referred to as "moral rights of performers") and the rights mentioned in Article 91, 
paragraph (1), Article 92, paragraph (1), Article 92bis, paragraph (1) and Article 95bis, paragraph (1) and 
Article 95ter, paragraph (1) as well as the right to secondary use fees mentioned in Article 95, paragraph (1) 
and the right to remuneration mentioned in Article 95ter, paragraph (3). 
 
(2) Producers of phonograms shall enjoy the rights me ntioned in Articles 96 and 96bis and Article 97bis, 
paragraph (1) and Article 97ter, paragraph (1) as well as the right to secondary use fees mentioned in Article 
97, paragraph (1) and the right to remuneration mentioned in Article 97ter, paragraph (3). 
 
(3)  Broadcasting organizations shall enjoy the rights mentioned in Articles 98 to 100. 
 
(4) Wire diffusion organizations shall enjoy the rights mentioned in Articles 100bis to 100quinquies. 
 
(5)  The 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) (e xcept moral rights of performers as well as the right to 
secondary use fees and the right to remuneration referred to in paragraphs (1) and (2)) shall be called 
"neighboring rights". IP/N/1/JPN/C/2 
Page 30  
 
  
(Relationship with the rights of authors) 
Article 90. No provisions in this Chapter may be interpre ted as affecting the protection of the rights of authors. 
 
Section 2  Rights of Performers  
(Right of determining the indication of the performer's name) 
Article 90bis. (1)  The performer shall have the right to determine whether his name, his stage name or any other 
alternative to his name should be indicated or not, as  the name of the performer,  when his performances are 
offered to or made available to the public. 
 
(2)  In the absence of any declaration of the intention of the performer to the contrary, a person using his 
performances may indicate the name of the performer in the same manner as that  already adopted by the 
performer. 
 
(3)  It shall be permissible to omit the name of the performer where it is found that there is no risk of damage to 
the interests of the performer in his claim to be identified as the performer of his performances in the light of 
the purpose and the manner of exploiting his performances or where it is found that such omission is 
compatible with fair practice. 
 
(4)  The provision of paragraph (1) shall not apply in any of the following cases: 
 
(i)  where the name of the performer is indicated in th e same manner as that already adopted by the performer 
when his performances are offered to or made available to the public by the head of a government 
organization, by an independent administrative organ, etc. or by an organ of a local public entity in 
accordance with the provisions of the Government Organizations In formation Disclosure Law, the 
Independent Administrative Organs, etc. Information Disclosure Law or the Information Disclosure 
Regulations; 
 
(ii)  where the name of the performer is to be omitted when his performances are offered to or made available 
to the public by the head of a government organization, by an independent administrative organ, etc. or by 
an organ of a local public entity in accordance with the pr ovisions of Article 6, paragraph (2) of the 
Government Organizations Information Disclosure Law, the provisions of Article 6, paragraph (2) of the 
Independent Administrative Organs, etc. Information Disclosure Law or the provisions of the Information 
Disclosure Regulations equivalent to those of Article 6, paragraph (2) of the former Law. 
 
(Right of preserving the integrity) 
Article 90ter. (1)  The performer shall have the right to preserve the integrity of his performances against any 
distortion, mutilation or other modification of them that would be prejudicial to his honor or reputation. 
 
(2)  The provision of the preceding paragraph shall not apply to modifications deemed unavoidable in the light 
of the nature of performances as well as the purpose and manner of exploiting them or those deemed 
compatible with fair practice. 
 
(Right of making sound or visual recordings) 
Article 91. (1) Performers shall have the exclusive right to make sound or visual recordings of their 
performances. 
 
(2)  The provision of the preceding paragraph shall not apply to performances which have been incorporated in 
cinematographic works with the authorization of the owner of the right mentioned in the same paragraph, 
except in the case where such  performances are to be in corporated in sound record ings (other than those 
intended for use exclusively with images). 
 
(Rights of broadcasting and wire diffusion) 
Article 92. (1)  Performers shall have the exclusive rights to broadcast and to diffuse by wire their  
performances. 
 
(2)  The provisions of the preceding paragr aph shall not apply in the following cases: 
  IP/N/1/JPN/C/2 
 Page 31 
 
 
 (i)  where the wire diffusion is ma de of performances already broadcast; 
 
(ii)  where the broadcasting takes place of, or the wire diffusion is made of the following: 
 
(a)  performances incorporated in sound or visual recordings with the authorization of the owner of the 
right mentioned in paragraph (1) of the preceding Article; 
 
(b)  performances mentioned in paragraph (2) of the preceding Article and incorporated in recordings other 
than those mentioned in that paragraph. 
 
(Right of making transmittable) 
Article 92bis. (1)  Performers shall have the exclusive right to make their performances transmittable. 
 
(2)  The provision of the preceding paragraph shall not apply to the following: 
 
(i)  performances incorporated in vi sual recordings with the authorization of the owner of the right mentioned 
in Article 91, paragraph (1); 
 
(ii) performances mentioned in Article 91, paragraph (2) 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 Article 92, paragraph (1) may make sound or visual 
recordings of such performances for broadcasting purposes, provided that the contract has no stipulation to 
the contrary or that the sound or visual recordings are not intended for the purpose of use in broadcasting 
programs different from those authorized. 
 
(2)  The following shall be considered to constitute th e making of sound or visual recordings mentioned in 
Article 91, paragraph (1): 
 
(i)  the use and the offering of soun d or visual recordings made in accordance with the provisions of the 
preceding paragraph for a purpose other than that of broadcasting or for the purpose mentioned in the 
proviso to the same paragraph; 
 
(ii)  the further offering, by broadcasting organizations which have been offered such recordings, of sound or 
visual recordings made in accordance with the provisions of the preceding paragraph,  to other broadcasting 
organizations for their broadcasting. 
 
(Broadcasting of fixations, etc. made for broadcasting purposes) 
Article 94. (1) Unless otherwise stipulated in the contr act, the authorization to broa dcast a performance from the 
owner of the right mentioned in Article 92, paragraph (1) shall also imply the following: 
 
(i)  broadcasting by the authorized broadcasting organization of the performances incorporated in sound or 
visual recordings in accordance with the provis ions 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 w ith the provisions of paragraph(1) of the preceding Article, by another 
broadcasting organization which has been offered such recordings; 
 
(iii)  broadcasting (not falling with in the preceding item), by another broadcasting organization which has 
been offered by the authorized broa dcasting organization programs incorporating authorized performances, 
of such performances. 
 
(2)  When a broadcasting mentioned in any of the items of the preceding paragraph has been made, the 
authorized broadcasting organizations mentioned therein shall pay a reasonable amount of remuneration to 
the owner of the right mentioned in Article 92, paragraph (1). 
 IP/N/1/JPN/C/2 
Page 32  
 
 (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 incorpor ating performances with the authorization of the owner of the right 
mentioned in Article 91, paragraph (1) (except broadc asting or wire di ffusion 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 (vi) and in which neighboring rights subsist; the same shall 
apply in the next paragraph to paragraph (4)) have been so broadcast or diffused by wire. 
 
(2)  As far as the Contracting States of the Convention for the Protection of Performe rs, etc. are concerned, the 
provisions of the preceding paragraph shall apply to performers whose performances are fixed in phonograms 
the producers of which are nationals of a country othe r than that which is a Contracting State of that 
Convention and which has made a declaration under the provisions of Article 16(1)(a)(i) 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)  The provisions of paragraph (1) shall apply, within  the limits of reservations made, to performers whose 
performances are fixed in phonograms the producers of which are nationals of a country which is a 
Contracting Party to the WPPT (but not a Contracting State of the Convention for the Protection of 
Performers, etc.) and which has made reservations under the provisions of Article 15 (3) of the WPPT. 
 
(5)  Where there is an association (including a federati on of associations) which is composed of a considerable 
number of professional performers practising in this country and which is so designated, with its consent, by 
the Commissioner of the Agency for Cultural Affairs, the right to secondary use fees mentioned in paragraph 
(1) shall be exercised exclusively through the intermediary of such association. 
 
(6) The Commissioner of the Agency for Cultural Affairs ma y 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 Article referred 
to as "the owners of the right"). 
 
(7)  Such association may not refuse the request of the ow ners of the right for the ex ercise of the right on their 
behalf. 
 
(8)  Upon receipt of the request mentioned in the precedi ng paragraph, such association shall have authority to 
deal, on behalf of the owners of the right and in its own name, with juridical and non-juridical matters in 
regard to the right. 
 
(9)  As provided by Cabinet Order, the Commissioner of the Agency for Cultural Affairs may ask such 
association to report on their business concerning secondary use fees mentioned in paragraph (1) or to submit 
account books, documents and other data, or make nece ssary recommendations for improving in a manner of 
practising business. 
  IP/N/1/JPN/C/2 
 Page 33 
 
 
 (10)  The amount of secondary use fees which such association may demand on behalf of the owners of the right 
in accordance with the provision of paragraph (4) shall be fixed each  year by mutual agreement between such 
association and broadcasting organiza tions, etc. or their federation. 
 
(11)  If the agreement mentioned in the preceding para graph is not reached, the parties concerned may, as 
provided by Cabinet Order, request the Commissioner of the Agency for Cultural Affairs to issue a ruling 
fixing an amount of secondary use fees. 
 
(12)  The provisions of Article 70, paragraphs (3), (6) and (7) as well as Articles 71 to 74 shall apply mutatis 
mutandis to the ruling and secondary use fees mentioned in the preceding paragraph. In this case, "the 
copyright owner" in Article 70, paragraph (3) shall read "the parties concerned", "the user of the work" in 
Article 72, paragraph (2) shall read "broadcasting organizations, etc. mentioned in Article 95, paragraph 
(1)","the copyright owner" in the same Article and "t he copyright owner" in Article 74 shall read "the 
association mentioned in Article 95, paragraph (5) ". 
 
(13)  The provisions of the Law Relating to Prohibitio n of Private Monopoly and Methods of Preserving Fair 
Trade (Law No.54, of 1947) shall not apply to mutual agreement as mentioned in paragraph (10) and to acts 
done under it, provided that the trading method is fair  and without unreasonable prejudice to the interests of 
concerned entrepreneurs. 
 
(14)  Other than those provided for in paragraphs (5) to (13), necessary matters in connection with the payment 
of secondary use fees mentioned in paragraph (1) and the association mentioned in paragraph (5) shall be 
provided by Cabinet Order. 
 
(Right of transfer of ownership) 
Article 95bis. (1) Performers shall have the exclusive righ t to offer their performances to the public by transfer 
of ownership of sound or visual recordings of their performances. 
 
(2)  The provision of the preceding paragraph shall not apply to the following: 
 
(i)  performances incorporated in visual recordings with the authorization of a person who has the right 
mentioned in Article 91, paragraph (1); 
 
(ii)  performances mentioned in Article 91, paragraph (2) and incorporated in recordings other than those 
mentioned in that paragraph. 
 
(3)  The provision of paragraph (1) shall not apply in the case of transfer of ownership of sound or visual 
recordings of performances (except those mentioned in items (i) and (ii) of the preceding paragraph; the same 
shall apply hereinafter in this Article) which falls within any of the following items: 
 
(i)  sound or visual recordings of performances the ownership of which has been transferred to the public by a 
person who has the right mentioned in paragraph (1) or with the authorization of such person; 
 
(ii)  sound or visual recordings of performances the ownership of which has been transferred to a small 
number of specific persons by a person who has the right mentioned in paragraph (1) or with the 
authorization of such person; 
 
(iii)  sound or visual recordings of performances th e ownership of which has been transferred, outside the 
jurisdiction of this Law, without prejudice to the right equivalent to that mentioned in paragraph (1), or by 
a person who has the right equivalent to that mentioned in that paragraph or with the authorization of such 
person. 
 
(Right of lending, etc.) 
Article 95ter. (1) Performers shall have the exclusive ri ght 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 IP/N/1/JPN/C/2 
Page 34  
 
 such phonograms (including commercial phonograms containing the same phonograms as those incorporated 
in such commercial phonograms; hereinafter referred to as "commercial phonograms going beyond the 
period"). 
 
(3)  When those who engage in business of lending commercial phonograms to the public (hereinafter referred 
to as "commercial phonograms lenders") have offered performances to the public by lending commercial 
phonograms going beyond the period, they shall pay a reasonable amount of remuneration to the performers 
whose performances (in which neighboring rights subsist) are incorporated in such phonograms. 
 
(4)  The provisions of Article 95, paragraphs (5) to (14) shall apply mutatis mutandis to the right to 
remuneration mentioned in the preceding paragraph. In  this case, "broadcasting organizations, etc." in 
paragraph (10) of the same Article and "broadcasting organizations, etc. mentioned in Article 95, paragraph 
(1)" in paragraph (12) of the same Article shall r ead "commercial phonograms lenders mentioned in Article 
95ter, paragraph (3)." 
 
(5)  The right to royalty with respect to the authorization given by owners of the right mentioned in paragraph 
(1) may be exercised through the intermediary of the association, mentioned in Article 95, paragraph (5) 
which shall apply mutatis mutandi s in the preceding paragraph. 
 
(6)  The provisions of Article 95, paragraphs (7) to (14) shall apply mutatis mutandis in the preceding 
paragraph. In this case, the provision of the second sentence of paragraph (4) of this Article shall apply 
mutatis mutandis. 
 
Section 3  Rights of Producers of Phonograms  
(Right of reproduction) 
Article 96. Producers of phonograms shall have the exclusive right to reproduce their phonograms. 
 
(Right of making transmittable) 
Article 96bis. Producers of phonograms shall have the ex clusive right to make their phonograms transmittable. 
 
(Secondary use of commercial phonograms) 
Article 97. (1)  When broadcasting organizations, etc. have broadcast or diffused by wire commercial 
phonograms (except broadcasting or wire diffusion made upon receiving such broadcas ts or wire diffusions), 
they shall pay secondary use fees to the producers whose phonograms (which are mentioned in Article 8, 
items (i) to (iv) and in which neighboring rights subsist) have been so broadcast or diffused by wire. 
 
(2)  The provisions of Article 95, paragraphs (2) and (4) shall apply mutatis mutandis to the producers of 
phonograms mentioned in the preceding paragraph, and the provisions of paragraph (3) of the same Article 
shall apply mutatis mutandis to the term of protection provided for in the preceding paragraph. In this case, 
"performers whose performances are fixed in phon ograms the producers of which are nationals" in 
paragraphs (2) to (4) of the same Article shall read "producers of phonograms who are nationals", and "that 
for which performers are granted the protection" in paragraph (3) of the same Article shall read "that for 
which producers of phonograms are granted the protection". 
 
(3)  Where there is an association (including a federati on of associations) which is composed of a considerable 
number of producers of phonograms practising in this country and which is so designated, with its consent, by 
the Commissioner of the Agency for Cultural Affairs, the right to secondary use fees mentioned in paragraph 
(1) shall be exercised exclusively through the intermediary of such association. 
 
(4)  The provisions of Article 95, paragraphs (6) to (14) shall apply mutatis muta ndis to secondary use fees 
mentioned in paragraph (1) and to the association mentioned in the preceding paragraph. 
 
(Right of transfer of ownership) 
Article 97bis. (1) Producers of phonograms shall have the exclusive right to offer their phonograms to the public 
by transfer of ownership of copies of their phonograms. 
 
(2)  The provision of the preceding paragraph shall not apply in the case of transfer of ownership of copies of 
phonograms which falls within any of the following items:  IP/N/1/JPN/C/2 
 Page 35 
 
 
  
(i) copies of phonograms the ownership of which has been transferred to the public by a person who has the 
right mentioned in the precedi ng paragraph or with the auth orization of such person; 
 
(ii) copies of phonograms the ownership of which has been transferred to a small number of specific persons 
by a person who has the right mentioned in the preced ing paragraph or with the authorization of such 
person; 
 
(iii) copies of phonograms the ownershi p of which has been tran sferred, outside the jurisdiction of this Law, 
without prejudice to the right equivalent to that mentioned in the preceding paragraph, or by a person who 
has the right equivalent to that mentioned in that paragraph or with the authorization of such person. 
 
(Right of lending, etc.) 
Article 97ter. (1) Producers of phonograms shall have the exclusive right to offer their phonograms to the public 
by lending commercial phonograms in which their phonograms are reproduced. 
 
(2)  The provision of the preceding paragraph shall not apply to the lending of commercial phoograms going 
beyond the period. 
 
(3)  When commercial phonograms lenders have offered phonograms to the public by lending commercial 
phonograms going beyond the period, they shall pay a reasonable amount of remuneration to the producers 
whose phonograms (in which neighboring rights subsist) have been so offered to the public. 
 
(4)  The provision of Article 97, paragraph (3) shall apply mutatis mutandis to the exercise of the right to 
remuneration mentioned in the preceding paragraph. 
 
(5)  The provisions of Article 95, paragraphs (6) to (14) shall apply mutatis mutandis to the remuneration 
mentioned in paragraph (3) of this Article and to associations mentioned in Article 97, paragraph (3) which 
shall apply mutatis mutandis in the preceding paragraph. In this case, the provision of the first sentence of 
Article 95ter, paragraph (4) shall apply mutatis mutandis. 
 
(6)  The right to royalty with respect to the authorization given by owners of the right mentioned in paragraph 
(1) of this Article may be exercised through the intermediary of the association mentioned in Article 97, 
paragraph (3) which shall apply mutatis mutandis in paragraph (4) of this Article. 
 
(7)  The provisions of paragraph (5) of this Article sha ll apply mutatis mutandis in the preceding paragraph. In 
this case, "Article 95, paragraph (6)" in paragr aph (5) shall read "Article 95, paragraph (7)." 
 
Section 4  Rights of Broadcasting Organizations  
(Right of reproduction) 
Article 98. Broadcasting organizations shall have the exclusive rights to make sound or visual recordings of 
their broadcasts or those diffused by wire from such broadcasts, and to reproduce by means of photography or 
other similar processes the sounds or im ages incorporated in these broadcasts. 
 
(Rights of rebroadcasting and wire diffusion) 
Article 99. (1) Broadcasting organizations shall have the exclusive rights to rebroadcast and to diffuse by wire 
their broadcasts. 
 
(2)  The provision of the preceding paragraph shall not apply to the wire diffusion which is made by a person 
who is required to do so under the provisions of laws and regulations. 
 
(Right of making transmittable) 
Article 99bis. Broadcasting organizations shall have the exclusive right to make transmittable their broadcasts or 
those diffused by wire from such broadcasts. 
 
 
 
 IP/N/1/JPN/C/2 
Page 36  
 
 (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 exclus ive rights to make sound or visual recordings 
of their wire diffusions, and to reproduce by means of photography or other similar processes the sounds or 
images incorporated in their wire diffusions. 
 
(Rights of broadcasting and wire rediffusion) 
Article 100ter. Wire diffusion organizations shall have the exclusive rights to broadcast and to rediffuse by wire 
their wire diffusions. 
 
(Right of making transmittable) 
Article 100quater. Wire diffusion organizations shall have the exclusive right to make their wire diffusions 
transmittable. 
 
(Right of communication of wire television diffusions) 
Article 100quinquies. Wire diffusion organizations shall have the exclusive right to communicate their wire 
television diffusions to the public, by means of a special instrument for enlarging images. 
 
Section 6  Term of Protection  
(Term of protection for performances, phonograms, broadcasts and wire diffusions) 
Article 101. (1)  The duration of neighboring rights shall begin with the following date: 
 
(i)  when the performance t ook 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 to ok place, for wire diffusions. 
 
(2)  The duration of neighboring rights shall expire at the end of a period of fifty years from the year following 
the date: 
 
(i) when the performance to ok place, for performances; 
 
(ii) when the publishing was made or when the first fixation of sounds was made if the publishing has not 
been made within a period of fifty years following the first fixation of sounds; 
 
(iii) when the broadcast t ook place, for broadcasts;  
 
(iv) when the wire diffusion to ok place, for wire diffusions. 
 
 
Section 7  Inalienability of Mora l Rights, etc. of Performers  
(Inalienability of moral rights of performers) 
Article 101bis. Moral rights of the performer shall be exclusively personal to him and inalienable. 
 
(Protection of the moral interests after the performer's death) 
Article 101ter. Even after the death of the performer, no person who offers or makes available performances to 
the public may commit an act which would be prejudicial to the moral rights of the performer if he were 
alive; provided, however, that such act is permitted if it is deemed not to be against the will of the performer 
in the light of the nature and extent of the act as well as a change in social situation and other conditions. 
  IP/N/1/JPN/C/2 
 Page 37 
 
 
 Section 8  Limitations, Transfer, Exercise and Registration of the Rights  
(Limitations on neighboring rights) 
Article 102. (1)  The provisions of Article 30, paragraph (1), Articles 31, 32, 35 and 36, Article 37, paragraph 
(3), Article 38, paragraphs (2) and (4) and Articles 41, 42, 42bis and 44 (except paragraph (2)) shall apply 
mutatis mutandis to the exploitation of performances, phonograms, broadcasts or wire diffusions which are 
the subject matter of neighboring rights, the provisions  of Article 30, paragraph (2) and Article 47ter shall 
apply mutatis mutandis to the exploitation of performances or phonograms which are the subject matter of 
neighboring rights, and the provision of Article 44, paragraph (2) shall apply mutatis mutandis to the 
exploitation of performances, phonograms or wire diffusions which are the subject matter of neighboring 
rights. In this case, "Article 23, paragraph (1)" in Ar ticle 44, paragraph (1) shall read "Article 92, paragraph 
(1), Article 99, paragraph (1) or Article 100ter", and "Article 23, paragraph (1) " in Article 44, paragraph (2) 
shall read "Article 92, paragr aph (1) or Article 100ter". 
 
(2)  Where reproduction is made of performances, phonograms, sounds or images of broadcasts or wire 
diffusions (hereinafter re ferred to as "performances, etc.") in acco rdance with the provisions of Article 32, 
Article 37, paragraph (3) or Article 42 which apply mutatis mutandis in the preceding paragraph, the source 
must be clearly indicated in the manner and to the extent deemed reasonable by the character of the 
reproduction, provided that standard practice so requires. 
 
(3)  Where it is permissible to broadcast or diffuse by wire works under the provision of Article 39, paragraph 
(1) or Article 40, paragraph (1) or (2), it shall also be permissible to diffuse by wire the broadcasts or wire 
diffusions of such works and to communicate them to  the public by means of a special instrument for 
enlarging images. 
 
(4)  The following shall be considered to constitute the ma king of sound or visual recordings or the reproduction 
mentioned in Article 91, paragraph (1), Ar ticle 96, Article 98 or Article 100bis: 
 
(i)  the distribution of copies of pe rformances, etc. made in accordance with the provisions  of Article 30, 
paragraph (1), Article 31, item (i), Article 35, Article 37, paragraph (3), Article 41, 42 or 42bis, or Article 
44, paragraph (1) or (2) which apply mutatis mutandis in paragraph (1) of this Article, and the making 
available to the public of performances, of sounds of phonograms, or of sounds or images of broadcasts or 
wire diffusions by the use of these copies, for purposes other than those mentioned in these 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. 
 
(Relationship with moral rights of performers) 
Article 102bis. No provisions of the preceding Article relating to limitations on neighboring rights (except the 
provisions of paragraph (3) of that Article) may be in terpreted as affecting the protection of the moral rights 
of the performer. 
 
(Transfer, exercise, etc. of neighboring rights) 
Article 103. The provision of Article 61, paragraph (1) shall apply mutatis mutandis to the transfer of 
neighboring rights, the provision of Article 62, paragraph (1) to the expiry of these rights, and the provisions 
of Article 63 to the authorization to exploit performances, phonograms, broadcasts or wire diffusions, and the 
provision of Article 65 shall apply mu tatis mutandis with respect to the joint authorship of these rights, and 
the provisions of Article 66 with respect to the establishm ent of a pledge on these rights. In this case, "Article 
23, paragraph (1)" in Article 63, paragraph (5) shall read "Article 92bis, paragraph (1), Article 96bis, Article 
99bis or Article 100quater". 
 
(Registration of neighboring rights) 
Article 104. The provisions of Articles 77 and 78 (excep t paragraph (2)) shall apply mutatis mutandis to the 
registration of neighboring rights. In this case, "the copyright register" in paragraphs (1), (3) and (7) of the 
latter Article shall read "the register of neighboring rights". 
 
 
 IP/N/1/JPN/C/2 
Page 38  
 
 Chapter V  Compensation  for Private Recording 
 
(Exercise of the right to claim co mpensation for private recording) 
Article 104bis (1) Where there is an association, which is  established for the purpose of exercising the right to 
claim compensation as mentioned in Article 30, paragraph (2) (including the case where its application 
mutatis mutandis is provided for under the provision of Article 102, paragraph (1); the same shall apply 
hereinafter in this Chapter)(hereinafter in this Chapter referred to as "compensation for private recording") on 
behalf of the owners of such right (hereinafter in this  Chapter referred to as "the owners of the right") and 
which is designated, with its consent, by the Commissioner of the Agency for Cultural Affairs as the only one 
association for private recording (hereina fter in this Chapter referred to as  "the designated association"), the 
right to claim compensation for privat e recording shall be exercised exclus ively 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 recordin g made for the purpose of private use (including such visual recording as 
made exclusively with sound recording; hereinafter in this Chapter referred to as "private visual 
recording"); 
 
(2)  The designated association shall have the authority to  deal, on behalf of the owners of the right and in its 
own name, with juridical and non-juridical matters in regard to the right to claim compensation for private 
recording. 
 
(Conditions for designation) 
Article 104ter. The Commissioner of the Agency for Cultura l Affairs shall designate only such an association as 
satisfies the following conditions: 
 
(i)  that it is a legal person established under the prov ision of Article 34 (Establishment of non-profit legal 
persons) of the Civil Law; 
 
(ii)  that it is composed of, in the case of compensation for private sound recording, the associations 
mentioned in the following (a), (c) and (d), and, in the case of compensation for private visual recording, 
the associations mentioned in the following (b), (c) and (d), respectively: 
 
(a)  an association (including a federation of associa tions) which is composed of the persons holding the 
right of reproduction with respect to works of wh ich 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 whic h private visual recording is made, and which is 
deemed to represent the interests of such right holders in this country; 
 
(c)  an association (including a federation of associations) which is composed of a considerable number of 
professional performers practising in this country. 
 
(d)  an association (including a federation of associations) which is composed of a considerable number of 
producers of phonograms practising in this country. 
 
(iii)  that each of the associations mentioned in (a ), (b), (c) and (d) in th e preceding item satisfies the 
following conditions: 
 
(a)  that it is not established for profit-making; 
 
(b)  that its members may freely join and withdraw; 
 
(c)  that its members are granted an equal right to vote and to be elected;  IP/N/1/JPN/C/2 
 Page 39 
 
 
  
(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 Chapter referred to as "the business related to 
compensation") on behalf of the owners of the right. 
 
(Exceptional provisions for the payment of compensation for private 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, paragr aph (2) (hereinafter  in this Chapter 
referred to as "a specified recording machine" and "a  specified recording medium" respectively) (limited to 
the initial purchasers only of such retailed recording machin es or media) shall pay, at the time of the purchase 
and on the claim by the designated association, a lump-s um compensation for private recording the amount of 
which is fixed, for such recording machine and medi um respectively, in accordan ce 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 recordin g machine or medium exclusively for the purpose other 
than that of private recording. 
 
(3)  Notwithstanding the provision of Article 30, paragraph (2), any person who makes private recording on a 
specified recording medium, for which compensation has been paid, by means of a specified recording 
machine, for which compensation has been paid, shall not be required to pay compensation for private 
recording, provided that co mpensation 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 design ated 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 co operate with the designated associa tion 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 (1), the designated association shall fix the amount of such 
compensation and obtain the approval thereof from the Commissioner of the Agency for Cultural Affairs. The 
same shall apply when the designated association intends to change such amount. 
 
(2)  When the approval mentioned in the preceding paragraph is given, the amount of compensation for private 
recording shall, notwithstanding the provision of Article 30, paragraph (2), be that as approved. 
 
(3)  Before applying for such approval, the designated association shall consult with associations which are 
composed of manufacturers and importers of specified re cording machines or media and which are deemed to 
represent their opinions. 
 
(4)  The Commissioner of the Agency for Cultural Affairs shall approve the amount of compensation applied for 
only when it is deemed appropriate by taking into account the spirit of the provisions of Article 30, paragraph 
(1) (including the case where its application mutatis mu tandis is provided for under the provision of Article 
102, paragraph (1)) and Article 104quater, paragraph (1), the ordinary rate of sound or visual recording 
royalty and other circumstances. 
 
(5)  Before approving the amount of compensation, the Commissioner of the Agency for Cultural Affairs shall 
consult the Culture Council. 
 
(Rules on the conduct of the business related to compensation) 
Article 104septies. (1)  When initiating the business related to compensation, the designated association shall 
establish rules on the conduct of such business and report those rules to the Commissioner of the Agency for 
Cultural Affairs. The same shall apply when the designated association intends to amend such rules. 
 IP/N/1/JPN/C/2 
Page 40  
 
 (2)  The rules mentioned in the preceding paragraph shall include the matters relating to the distribution of 
compensation for private recording (l imited to such compensation only  as paid in accordance with the 
provision of Article 104quater, paragraph (1)), and the designated association shall take into account the spirit 
of the provision of Article 30, paragraph (2) when establishing the rules on such matters. 
 
(Allocation for such activities as contributin g 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 only as paid in 
accordance with the provision of Article 104quater, paragraph (1)) for such activities as contributing to the 
protection of copyright and neighboring rights as well as to the promotion of the creation and dissemination 
of works. 
 
(2)  When intending to draft the Cabinet Order mentioned in the preceding paragraph or to draft its amendment, 
the Commissioner of the Agency for Cultural Affairs shall consult the Culture Council. 
 
(3)  The Commissioner of the Agency for Cultural Affair s may issue to the designated association an order 
necessary for supervising the business relating to the ac tivities mentioned in paragraph (1) when it is deemed 
necessary for assuring an proper conduct of such business. 
 
(Request for report, etc.) 
Article 104novies. The Commissioner of the Agency for Cultural Affairs may request the designated association 
to make a report on its business related to compen sation or to submit account books, documents and other 
information, and may make recommendations necessary for improving the manner of conduct of the business 
related to compensation when it is deemed necessary for assuring the proper conduct of such business. 
 
(Mandate to Cabinet Order) 
Article 104decies. Other than those provided for in this Chapter, necessary matters with respect to the 
designated association and the business related to compensation shall be provided by Cabinet Order. 
 
 
Chapter VI  Settl ement of Disputes 
 
(Mediators for the settlement of disputes concerning copyright) 
Article 105. (1)  In order to settle, through mediation, di sputes concerning the rights provided for in this Law, 
the Agency for Cultural Affairs shall provide mediators for the settlement of disputes concerning copyright 
(hereinafter in this Chapter referred to as "mediators"). 
 
(2)  Whenever an affair may arise, mediators not exceeding three in number shall be appointed by the 
Commissioner of the Agency for Cultural Affairs from among persons of learning and experience in the field 
of copyright or neighboring rights. 
 
(Application for mediation) 
Article 106. When a dispute may aris e in connection with the rights provided for in this Law, the parties 
concerned may apply for mediation to the Commissioner of the Agency for Cultural Affairs. 
 
(Application fee) 
Article 107. (1)  Applicants shall pay an application fee, the amount of which shall be fixed by Cabinet Order, 
taking into account actual cost. 
 
(2)  The provision of the preceding paragraph shall not apply in the case where a person who shall pay an 
application fee in accordance with the provision of that paragraph is the State, etc. 
 
(Submission to mediation) 
Article 108. (1)  Upon receipt of an  application under Article 106 of both pa rties 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/2 
 Page 41 
 
 
 (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 th e parties concerned in order to settle the dispute in 
conformity with actual circumstances and in consideration of the points in dispute. 
 
(2)  The mediators may stop the mediation when they deem that the likelihood of settlement of the dispute no 
longer exists. 
 
(Report, etc.) 
Article 110. (1)  Upon completion of the mediation, the mediators shall report thereon to the Commissioner of 
the Agency for Cultural Affairs. 
 
(2) When stopping mediation, they shall inform the par ties concerned thereof and indicate the reasons therefore, 
which shall also be reported to the Commissioner of the Agency for Cultural Affairs. 
 
(Mandate to Cabinet Order) 
Article 111. Other than those provided for in this Chapter, necessary matter s in connection with procedures of 
mediation and mediators shall be provided by Cabinet Order. 
 
 
Chapter VII  Infringements 
 
(Right of demanding cessation) 
Article 112. (1) Against those who infringe or are likely to  infringe moral rights of authors, copyright, right of 
publication, moral rights of performers or neighboring rights, the authors and the performers 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, the 
performers or the owners of neighboring rights may demand to take measures necessary to effect such 
cessation or prevention of an 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 of authors, 
copyright, right of publication, moral rights of performers 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 of authors, copyright, right of publication, moral rights of performers 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 of 
authors, copyright, right of publication, moral rights of performers 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 made by an act infringing copyright in a 
program work (including copies ma de 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 copi es in accordance w ith the provision 
of Article 47bis, paragraph (1)) shall be  considered to constitute an infringement on that copyright, so long as 
a person using such copies is aware of such infringement  at the time when he has acquired an authority to use 
these copies. 
 
(3)  The following acts shall be considered to constitute infringements on moral rights of authors, copyright, 
moral rights of performers or neighboring rights relating to rights management information concerned: IP/N/1/JPN/C/2 
Page 42  
 
  
(i)  the intentional addition of false information as rights management information; 
 
(ii)  the intentional removal or alteration of rights management information, excluding the case where such 
act is conditional upon technology involved in the conversion of recording or transmission systems or other 
cases where it is deemed unavoidable in the light of the purpose and the manner of exploiting works or 
performances, etc.; 
 
(iii)  the distribution, importation for distribution or possession for distribution of copies of works or 
performances, etc, by a person who knows that any act mentioned in the preceding two items has been 
done concerning such works or performances, etc, or the public transmission or making transmittable of 
such works or performances, etc, by such person. 
 
(4)  For the application of the provis ions of the preceding paragraph, the ri ght to secondary use fees mentioned 
in Article 95, paragraph (1) and Article 97, paragraph (1) and the right to remuneration mentioned in Article 
95ter, paragraph (3) and Article 97ter, paragraph (3) shall be considered as neighboring rights. In this case, 
"the owners of neighboring rights" in the preceding Article shall read "the owners of neighboring rights 
(including the owners of the rights  considered as neighboring rights in accordance with the provisions of 
paragraph (4) of the next Article)", and "neighboring rights" in paragrap h (1) of the preceding Article shall 
read "neighboring rights (including the rights cons idered as neighboring rights in accordance with the 
provisions of paragraph (4) of the next Article)". 
 
(5)  An act of exploitation of a work prejudicial to the honour or reputation of the author shall be considered to 
constitute an infringement on his moral rights. 
 
(Exceptional provisions to the right of transfer of ownership in relation to a bona fide third party) 
Article 113bis. When the ownership of the original or copies of works (excluding copies of cinematographic 
works (including copies of cinematographic works in cases of works reproduced in cinematographic works); 
the same shall apply hereinafter in this Article), sound or visual recordings of performances or copies of 
phonograms has been transferred to a person who does not know or has no negligence in not knowing that 
such original or copies of works, sound or visual recordings of performances or copies of phonograms do not 
fall within any of the items of Article 26bis, paragrap h (2), Article 95bis, paragraph (3) or Article 97bis, 
paragraph (2), respectively, an act by such person to transfer to the public the ownership of such original or 
copies of works, sound or visual recordings of performances or copies of phonograms shall be considered not 
to constitute an infringement on the rights mentioned in Ar ticle 26bis, paragraph (1), Article 95bis, paragraph 
(1) or Article 97bis, paragraph (1). 
 
(Presumption of the amount of damages) 
Article 114. (1) In the case where an owner of copyri ght, right of publication or neighboring rights claims 
compensation for damages from a person who has infringed intentionally or negligently any of these rights, 
the profits, if any, obtained by the infringer from that infringement shall be presumed to be the amount of 
damages suffered by such owner. 
 
(2)  The owners of copyright and neighboring rights may claim compensation for damages from a person who 
has infringed intentionally or negligently their copyright or neighboring rights, the amount of damages 
suffered being that corresponding to the amount of money which would be 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 amount of damages. 
 
(Submission of documents, etc.) 
Article 114bis. (1) In a lawsuit relating to infringements on copyright, right of publication or neighboring rights, 
the court may, at the request of the parties concerned, order them to submit documents necessary for the proof 
of acts of infringements concerned or  for the account of damages caused by  acts of infringe ments concerned, 
except in the case where a possessor of such documents re fuses, with reasonable justification, to submit them. 
  IP/N/1/JPN/C/2 
 Page 43 
 
 
 (2)  The court may make a possessor of the documents ma ke available such documents when it deems necessary 
for judging whether there is such reasonable justifi cation as mentioned in the proviso to the preceding 
paragraph. In this case, any person may not ask for the disclosure of such documents so made available. 
 
(3)  The provisions of the preceding two paragraphs shall apply mutatis mutandis to the making available of 
such objects of inspection as necessary  for the proof of acts of infringements concerned in a lawsuit relating 
to infringements on copyright, right of publication or neighboring rights. 
 
(Duty of the parties concerned to explain to an appraiser) 
Article 114ter. When the court, in a lawsuit relating to infringements on copyright, right of publication or 
neighboring rights, has ordered, at the request of the parties concerned, an appraisal as to matters necessary 
for the account of damages caused by acts of infringements concerned, the parties concerned shall have to 
explain to an appraiser as to matte rs necessary for such appraisal. 
 
(Award of a reasonable amount of damages) 
Article 114quater. In the case where it is found that there has been damages caused in a lawsuit relating to 
infringements on copyright, right of publication or neighboring rights, if it is extremely difficult from the 
nature of facts concerned, to prove facts necessary for the proof of the amount of damages, the court may 
award a reasonable amount of damages based upon all th e gist of oral proceedings and the results of the 
taking of evidence. 
 
(Measures for recovery of honour, etc.) 
Article 115. The author or the performer may demand a person who has infringed his moral rights intentionally 
or negligently to take measures necessary to identify him as the author or the perfor mer, to correct distortions, 
mutilations, or modifications or to recover his honour or reputation either instead of indemnification of 
damages or together with indemnification of damages. 
 
(Measures to protect the moral interests af ter the author's or performer's death) 
Article 116. (1) After the death of the author or the pe rformer, his bereaved family ("bereaved family" means 
surviving spouse, children, parents, grandchildren, grandparents, brothers or sisters of the dead author or 
performer; the same shall apply hereinafter in this Article) may make a demand mentioned in Article 112 on a 
person who violates or is likely to violate the provisio n of Article 60 or Article 10 1ter with respect to the 
author or the performer concerned, or a demand mentioned in the preceding Article on a person who has 
infringed moral rights of authors or performers intentionally or negligently or who has violated the provision 
of Article 60 or Article 101ter. 
 
(2)  Unless otherwise determined by the will of the aut hor or the performer, a demand by the bereaved family 
mentioned in the preceding paragraph may be made in the order of the enumeration of the bereaved family in 
that paragraph. 
 
(3)  The author or the performer may appoint by will a pe rson 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 year of the author's or performer's death or , if any bereaved family st ill survive at the time of 
such expiration, after the deat h of all the bereaved family. 
 
(Infringement with respect  to a joint work, etc.) 
Article 117. (1) Each co-author of, or  each co-owner of the copyright in, a joint work shall be  entitled 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, IP/N/1/JPN/C/2 
Page 44  
 
 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 provis ion 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 that work. 
 
 
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 of authors, copyright, right of publication, moral rights of 
performers or neighboring rights (excluding those who reproduce by themselves works or performances, 
etc. for the purpose of private use as mentioned in Article 30, paragraph (1) (including the case where its 
application mutatis mutandis is provided for under the provision of Article 102, paragraph (1)) or who does 
an act considered to constitute infringements on moral rights of authors, copyright, moral rights of 
performers or neighboring rights (i ncluding the rights considered as ne ighboring rights in accordance with 
the provisions of Article 113, paragraph (3); the same  shall apply in Article 120bis, item(iii)) under Article 
113, paragraph (3); 
 
(ii)  any person who, for profit-making purposes, causes others to use automatic reproducing machines 
mentioned in Article 30, paragraph (1), item(i) for such reproduction of works or performances, etc. as 
constitutes an infringement on copyright, right of publication or neighboring rights. 
 
Article 120. Any person who violates the provision of Article 60 or Article 101ter shall be punishable by a fine 
not exceeding three million Yen: 
 
Article 120bis. The following sh all be punishable by imprisonment for a term not exceeding one year or a fine 
not exceeding one million Yen; 
 
(i)  any person who transfers to the public the ownership of, or lends to the public, manufactures, imports or 
possesses for transfer of ownership or lending to the public, or offers for the use by the public, a device 
having a principal function for the circumvention of technological protection measures (such a device 
includes such a set of parts of a device as can be easily assembled) or copies of a program having a 
principal function for circumvention of technological protection measures, or transmits publicly or makes 
transmittable such program; 
 
(ii)  any person who, as a business, circumvents technological protection measures in response to a request 
from the public; 
 
(iii)  any person who, for profit-making purposes, does an act considered to constitute an infringement on 
moral rights of authors, copyright, moral rights of performers or neighboring rights under the provisions of 
Article 113, paragraph (3). 
 
Article 121. Any person who distributes copies of works on which the true name or generally known 
pseudonym of a non-author is indicated as the name of the author (including copies of derivative works on 
which the true 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 te rm not exceeding one year or a fine 
not exceeding one million Yen. 
 
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 
year of the first fixation of sounds on matrices of phonograms:  IP/N/1/JPN/C/2 
 Page 45 
 
 
  
(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 falling within any of the four items of Article 8) offered by producers of phonograms; 
 
(ii)  commercial phonograms which have been manufactured, by those engaging in the business of 
manufacturing commercial phonograms outside 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 principa l offices in such State or member). 
 
Article 122. Any person who violates the provisions of  Article 48 or Article 10 2, paragraph (2) shall be 
punishable by a fine not exceeding three hundred thousand Yen. 
 
Article 123. (1)  In the case of offences under Article  119, Article 120bis, item( iii) and Article 121bis, the 
prosecution shall take place only upon the complaint of the injured person. 
 
(2)  A publisher of an anonymous or a pseudonymous work may lodge a complaint with respect to such work 
published by him, except in the cases where the proviso to Article 118, paragraph (1) is applicable and where 
the complaint is contrary to the express will of the author. 
 
Article 124. (1)  Where a representative of a legal pe rson (including an administrator of a non-juridical 
association or foundation) or an agent, an employee or any other worker of a legal person or a person violates 
the provisions mentioned in any of the following items in  connection with the business of such legal person or 
such person, a fine under any of these items shall be imposed upon such legal person, and a fine under any of 
the Articles mentioned in item (ii) shall be imposed upon such person, in addition to the punishment of the 
offender: 
 
(i)  Article 119, item (i) (except parts of the provisions relating to moral rights of the author or the performer): 
a fine not exceeding a hundred million yen; 
 
(ii)  Article 119, item (i) (only parts of the provisions relating to moral rights of the author or the performer) 
or (ii), or Articles 120 to 122: a fine under any of these Articles. 
 
(2)  In the case where the provisi on of the preceding paragraph applies to a non-juridical association or 
foundation, its representative or administrator shall repr esent such association or foundation with regard to 
proceedings, and the provisions of the Code of Criminal Procedure which are applicable when a legal person 
is the accused or the suspect shall apply mutatis mutandis. 
 
(3)  In the case of paragraph (1), a complaint lodged against an offender or the withdrawal of such complaint 
shall be effective also with respect to the legal pe rson or the person concerned, and a complaint lodged 
against a legal person or a person or the withdrawal of such complaint shall be effective also with respect to 
the offender concerned. 
 
 
Supplementary Provisions 
 
(Date of enforcement) 
Article 1. This Law shall come into force on January 1, 1971. 
 
(Transitory measures: the scope of application) 
Article 2. (1)  The provisions relating to copyright of the revised Copyright Law (hereinafter referred to as "the 
new Law") shall not apply to works in which copyright under the Copyright Law before amendment 
(hereinafter referred to as "the old Law") has all expired at the time of coming into force of this Law. 
 IP/N/1/JPN/C/2 
Page 46  
 
 (2)  With respect to works in which copyright under the old Law has partly expired at the time of coming into 
force of this Law, the provisions in the new Law concerned with the expired parts shall not apply. 
 
(3)  Notwithstanding the provisions of Articles 7 and 8 of the new Law, the provisions relating to neighboring 
rights of the new Law (including the provisions of Artic le 95, Article 95ter, paragraphs (3) and (4), Article 97 
and Article 97ter, 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 enforcemen t of this Law (excluding those falling within any of 
the items of Article 8 of the new Law), being performances or phonograms in which copyright under the old 
Law subsists at the time of coming into force of this Law. 
 
(Transitory measures: translations, etc. made by the State, etc.) 
Article 3. With respect to works which fall within Article  13, item (iv) of the new Law and on which the right of 
publication under the old Law is established at the time of the enforcement of this Law, the provision of that 
item shall not apply only within the duration of that right. 
 
(Transitory measures: the author of a work made under the name of a legal person, etc.) 
Article 4. The provisions of Articles 15 and 16 of th e 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 Articles 26ter of the new Law shall not apply for the time being to the lending of 
books or magazines (excluding those consisting mainly of music). 
 
(Transitory measures: the ownership of copyright 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, whic h were created before the enforcement of this Law. 
 
(2)  The provisions of the new Law shall not prejudice the e ffect of the provisions of Article 24 or 25 of the old 
Law on the ownership of copyright in photographic works included on other works before the enforcement of 
this Law and on the ownership of copyright in portrait photographs created on commission before the 
enforcement of this Law. 
 
(Transitory measures: automatic reproducing machines) 
Article 5bis. For the application of the provisions of Artic le 30, paragraph (1), item(i)  and Article 119, item (ii) 
of the new Law, the words "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 II of the new Law. 
 
(Transitory measures: duration of the right of translation) 
Article 8. The provisions of Articles 7 and 9 of the ol d 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 as those made under the new Law, except those falling within the provision of 
Article 15, paragraph (1) of the Supplementary Provisions. 
  IP/N/1/JPN/C/2 
 Page 47 
 
 
 (Transitory measures: joint works) 
Article 10. (1)  The provisions of Article 13, paragraphs (1) and (3) of the old Law shall still be effective with 
respect to works created befo re 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 (2) of the new 
Law, works mentioned in the preced ing paragraph shall be consider ed to constitute  joint works. 
 
(Transitory 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 incorpor ated in commercial phonograms which were put on sale in this country before the 
enforcement of this Law. 
 
(2)  The person who w ould be entitled to exploit work s in accordance with the provision of Ar ticle 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 w ith 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 accordan ce with the provision of Article 68, pa ragraph (1) or Article 67, paragraph 
(1) of the new Law, and the provisions of Articles 72 and 73 of the new Law shall apply. 
 
(4)  In the preceding paragraph, where the parties concerned who are dissatisfi ed with the amount of 
compensation learn of the issuance of a license before the enforcement of this Law, a period mentioned in 
Article 72, paragraph (1) of the new Law shall be calcu lated from the date of enforcement of this Law. 
 
(Transitory measures: registrations) 
Article 12. (1)  The disposal of and procedures for registrations of copyright, of the true name or of the date of 
first publication mentioned in Article 15 of the old Law, made before the enforcement of this Law, shall be 
considered as those mentioned in Articles 75 to 77 of  the new Law, except those falling within the provision 
of Article 15, paragraph (3) of the Supplementary Provisions. 
 
(2)  The provision of Article 35, paragraph (5) of the old Law shall still be effective with respect to works, the 
date of first publication of which, at the time of the en forcement 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 the 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 enforcem ent of this Law, shall be consider ed as those mentioned in Article 88 
of the new Law. 
 
(3)  Notwithstanding the provisions of Articles 80 to 85 of the new Law, the provisions of Articles 28ter to 
28octies of the old Law shall still be effective with respect to the right of publication mentioned in paragraph 
(1) of this Article. 
 
Article 14. Deleted. 
 
(Transitory measures: neighboring rights) 
Article 15. (1) The transfer and other disposal, made before the enforcement of this Law, of copyright under the 
old Law in performances which took place before the enforcement of this Law or  in phonograms composed 
of the sounds which were first fixed before the enforcement of this Law, being performances or phonograms 
to which the provisions relating to neighboring rights of the new Law shall apply as from the date of 
enforcement of this Law, sha ll be considered as the transfer and other disposal of neighboring rights in such 
performances or phonograms under the new Law. IP/N/1/JPN/C/2 
Page 48  
 
  
(2)  Where the duration of neighboring rights in performances or phonograms, mentioned in the preceding 
paragraph, in which copyright under the old Law subsists at the time of coming into force of this Law is to 
expire after the end of a period provided in Article 101 of the new Law, the duration of neighboring rights in 
such performances or phonograms shall, notwithstanding the  provisions of that Article, expire at the end of 
the duration of copyright in such performances or phonograms 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 (1) of this Article, made before the enforcement of this Law in accordance with the provision of 
Article 15, paragraph (1) of the old Law, shall be considered as those made in accordance with the provision 
of Article 104 of the new Law. 
 
(4)  The provisions of Article 10, paragraph (1) and Article 12, paragraph (2) of the Supplementary Provisions 
shall apply mutatis mutandis to performances and phono grams mentioned in paragraph (1) of this Article. 
 
(Transitory measures: distribution, etc. of copies) 
Article 16. Copies of works, performances or phonogram s 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 II of this Law 
(including the case where their application mutatis mutandis is provided for under Article 102, paragraph (1) 
of the new Law) may by used or distributed to the extent of such purposes of reproduction as mentioned in 
these provisions. In this case, the provision of Article  113, paragraph (1), item (ii) of the new Law shall not 
apply. 
 
(Transitory measures: infringements) 
Article 17. Notwithstanding the provisions of Article 14 and Chapter VII of the new Law, the provisions of 
Articles 12, 28undecies, 29, 33 and 34, Article 35, paragraphs (1) to (4), and Articles 36 and 36bis of the old 
Law shall still apply to acts, done before the enforcemen t of this Law, which violate the provision of Article 
18, paragraph (1) or (2) of the old Law or which fall w ithin the infringements provided for in Chapter III of 
the old Law (including acts infringing the right of publication). 
 
(Transitory measures: penal provisions) 
Article 18. The penal provisions of the old Law shall still a pply to acts done before the enforcement of this Law. 
 
Supplementary Provisions 
(Law No.49, of 1978) 
 
(Date of enforcement) 
1. This Law shall come into force as from the day on which the Convention for the Protection of Producers of 
Phonograms Against Unauthorized Duplication of Th eir Phonograms becomes eff ective with respect to 
Japan. 〔This Law came into force on October 14, 1978. 〕  
 
(Transitory measures) 
2. The provisions relating to neighboring rights of the amended Copyright Law shall not apply to the 
phonograms, mentioned in Article 8,  item (iii) of the amended Copyright Law, which are composed of the 
sounds first fixed before the enforcement of this Law. 
 
Supplementary Provisions (Extract)  
(Law No.45, of 1981) 
 
(Date of enforcement) 
1. This Law shall come into force on the date of its promulgation. [This Law came into force on May 19, 1981.] 
 
Supplementary Provisions (Extract) 
(Law No.78, of 1983) 
  IP/N/1/JPN/C/2 
 Page 49 
 
 
 (Date of enforcement) 
1. This Law (except Article 1) shall come into force on July 1, 1984. 
 
Supplementary Provisions (Extract) 
(Law No.23, of 1984) 
 
(Date of enforcement) 
1. This Law shall come into force twenty days after th e date of its promulgation. [This Law came into force on 
May 21, 1984.] 
 
Supplementary Provisions 
(Law No.46, of 1984) 
 
(Date of enforcement) 
1. This Law shall come into force on January 1, 1985. 
 
(Repeal of the Interim Measure Law) 
2. The Law to Take an Interim Measure for the Protectio n of the Rights of Authors, etc. with Respect to the 
Lending of Commercial Phonograms to the Public (Law  No.76, of 1983; hereinafter referred to as "the 
Interim Measure Law") shall be hereby repealed. 
 
(Transitory measures required by the repeal of the Interim Measure Law) 
3. Notwithstanding the provisions of Articles 26bis, 95bis, and 97bis of the amended Copyright Law, those who 
have obtained the 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 done before the enforcement of this Law in violation of the provision of Article 4, paragraph 
(1) of the Interim Measure Law. 
 
Supplementary Provisions (Extract) 
(Law No.62, of 1985) 
 
(Date of enforcement) 
1. This Law shall come into force on January 1, 1986. However, the provision for amendment to insert Article 
76bis next to Article 76 and the amended provision of Article 78, paragraph (1) as well as the provision of 
paragraph 6 of the Supplementary Provisions shall come  into force on the date of enforcement of the law 
mentioned in Article 78bis of the amended Copyright Law [on April 1, 1987] 
 
(Transitory measures: works made by an employee in the course of his duties) 
2. The provisions of Article 15 of the amended Copyri ght Law shall still apply to works created after the 
enforcement of this Law, and the provisions 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 amende d 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. 
 IP/N/1/JPN/C/2 
Page 50  
 
 (Transitory measures: penal provisions) 
5. The penal provisions of the Copyright Law before amendment shall still apply to acts done before the 
enforcement of this Law. 
 
Supplementary Provisions 
(Law No.64, of 1986) 
 
(Date of enforcement) 
1. This Law shall come into force on January 1, 1987. 
 
(Transitory measures: ownership of copyright in cinematographic works made for wire diffusion purposes) 
2. The provisions of Article 29 of the Copyright Law before amendment shall still apply to the ownership of 
copyright in cinematographic works, mentioned in Article 29, paragraph (3) of the amended Copyright Law, 
which were created before the enforcement of this Law. 
 
(Transitory measures: neighboring rights of wire diffusion organizations and performers) 
3. The provisions of the amended Copyright Law relating to neighboring rights of wire diffusion organizations 
and performers (including the provisions of Article 95 and Article 95ter, paragraphs (3) and (4)) shall not 
apply to wire diffusions which took pl ace before the enforcement of this La w 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). 
 
(Transitory measures: penal provisions) 
4. The penal provisions of the Copyright Law before amendment shall still apply to acts done before the 
enforcement of this Law. 
 
 
Supplementary Provisions 
(Law No.87, of 1988) 
 
(Date of enforcement) 
1. This Law shall come into force twenty days after th e date of its promulgation. [This Law came into force on 
November 21, 1988.] 
 
(Transitory measures) 
2. The provision of Article 121, ite m (ii) of the amended Copyright Law shall not apply to the following acts 
done after the enforcement of this Law: 
 
(i)  the making or the distribution of copies of commercial phonograms reproduced from commercial 
phonograms which have been manufactured, by those engaging in the business of manufacturing 
commercial phonograms in this country, from matri ces of phonograms (except those phonograms falling 
within any of the three items of Article 8) offered by  producers of phonograms (in the next item referred to 
as "commercial phonograms which have been manufactured from matrices coming from certain foreign 
countries") and in relation to which twenty years from the year following the year 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; 
 
(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 amendmen t 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 Broadcasti ng Organizations becomes effective with respect to 
Japan.  [This Law came into force on October 26, 1989.]  IP/N/1/JPN/C/2 
 Page 51 
 
 
  
(Transitory measures: performances, etc. to which Japan has the obligation to grant protection under a treaty) 
2. The provisions relating to neighboring rights (including the provisions of Articles 95 and 97) of the amended 
Copyright Law (hereinafter referred to as "t he new Law") shall not apply to the following: 
 
(i)  performances, mentioned in Article 7, item (v) of  the new Law, which took place before the enforcement 
of this Law; 
 
(ii)  phonograms, mentioned in Article  8, item (iii) of the new Law, which are composed of the sounds first 
fixed before the enforcement of this Law (excluding those phonograms as referred to in the next 
paragraph); 
 
(iii)  broadcasts, mentioned in Article 9, item (iii) of  the new Law, which took place before the enforcement 
of this Law. 
3. The Copyright Law before amendment shall still apply to phonograms, mentioned in Article 8, item (iii) of 
the new Law, which are composed of the sounds first fi xed before the enforcement of this Law and to which 
Japan has the obligation to grant protection under the Convention for the Protection of Producers of 
Phonograms Against Unauthorized Duplication of Their Phonograms. 
 
(Transitory measures: foreign performers who did not have habitual residence in this country) 
4. The provisions relating to neighboring rights (inc luding the provisions of Ar ticle 95 and Article 95ter, 
paragraphs (3) and (4)) of the new Law shall not apply to foreign performers whose performances took place 
before the enforcement of this Law and who did not have habitual residence in this country at the time when 
their performances took place, prov ided that their performances do no t 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) 
2. The amended provisions of Article 95ter shall not apply to performances, mentioned in Article 7, item (v), 
which took place before the enforcement of the Law for Partial Amendments to the Copyright Law (Law 
No.43, of 1989; in the next paragraph, item (ii) referred to as "the Amendments Law of 1989"). 
 
3. The amended provisions of Article 97ter 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) (e xcluding those to which Japan has the obligation to grant 
protection under the Phonograms Convention), which are composed of the sounds first fixed before the 
enforcement of the Amendments Law of 1989. 
 
4. The provision before amendment of Article 95ter, paragraph (2) shall still apply to the starting date of 
calculating a period for commercial phonograms going beyond the period, mentioned in Article 95ter, 
paragraph (2), with respect to the right of performers and producers of phonograms to offer to the public, by 
means of lending, their commercial phonograms first sold before the enforcement of this Law, provided that 
such commercial phonograms are those in which performances mentioned in Article 7, items (i) to (iv) or 
phonograms mentioned in Article 8, item (i) or (ii) are incorporated. IP/N/1/JPN/C/2 
Page 52  
 
  
5. The amended provisions of Article 121bis shall not apply to any of the following acts done after the 
enforcement of this Law: 
 
(i)  the making, the distribution or the possession for distribution, of copies of commercial phonograms 
reproduced from commercial 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 phonograms (in 
the next item referred to as "commercial phonograms manufactured from matri ces coming from certain 
foreign countries") and in relation to which twenty years from the year following the year of the first 
fixation of sounds on the matrices (in the next item re ferred 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 of1988"); 
 
(ii)  the distribution or the possession for distribution of commercial phonograms which are reproduced, 
within a prohibition period of twenty years, from commercial phonograms manufactured from matrices 
coming from certain foreign countries and in relation to which a prohibition period of twenty years have 
passed before the enforcement of  the Amendments Law of 1988; 
 
(iii)  the making, the distribution or the possession for distribution, of copies of commercial phonograms 
reproduced from commercial phonograms (including copies of such commercial phonograms and those 
made through one or more intervening copies) which have been manufactured, by those engaging in the 
business of manufacturing commercial phonograms outside the jurisdiction of the Copyright Law, from 
matrices of phonograms (except those phonograms falling w ithin 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 year of the first fixation of sounds on the matrices have passed before the enforcement 
of the Amendments Law of 1998. 
 
6. The penal provisions before amendment shall apply to acts done before the enforcement of this Law. 
 
Supplementary Provisions 
(Law No.106, of 1992) 
 
(Date of enforcement) 
1. This Law shall come into force on the date fixed by Cabinet Order within six months from the date of its 
promulgation. [This Law came into force on June 1, 1993.]  However, the provision amending the Table of 
Contents, the provision renumbering Chapter VII as Chap ter VIII, Chapter VI as Chapter VII, and Chapter V 
as Chapter VI and inserting the new Chapter V next to Chapter VI (except the parts relating to Article 
104quater, Article 104 quinquies and Article 104octies, paragraphs (1) and (3)) and the provision amending 
Article 17 of the Supplementary Provisions shall come in to force on the date of promulgation of this Law [on 
December 16, 1992]. 
 
(Transitory measures) 
2. The provisions of the amended Copyright Law shall not apply to such private sound or visual 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 m eans of a specified recording machin e purchased before the date of 
enforcement. 
 
3. When private recording is made on a specified recording medium purchased after the date of enforcement by 
means of a specified recording machin e purchased before the date of en forcement, compen sation 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  IP/N/1/JPN/C/2 
 Page 53 
 
 
 specified recording medium, purchased before the date of enforcement, on which private recording is made 
by means of a specified recording machine purchased after the date of enforcement. 
 
Supplementary Provisions (Extract) 
(Law No.89, of 1993) 
 
(Date of enforcement) 
Article 1. This Law shall come into force as from the date of enforcement of the Administrative Procedures Law 
(Law No.88, of 1993). [This Law came into force on October 1, 1994.] 
 
Supplementary Provisions 
(Law No.112, of 1994) 
 
(Date of enforcement) 
1. This Law shall come into force on the date fixed by Cabinet Order within one year from the day following the 
day on which the Marrakesh Agreement Establishing th e World Trade Organization becomes effective with 
respect to Japan. [This Law came into force on January 1, 1996.] 
 
(Application of the provisions relating to neighboring rights) 
2. The provisions of paragraph 3 of the Supplementary Provisions of the Law for Partial Amendments to the 
Copyright Law (Law No.64, of 1986), paragraph 2 of the Supplementary Provisions of the Law for Partial 
Amendments to the Copyright Law (Law No.43, of 1989; hereinafter referred to as "the Amendments Law of 
1989") and paragraph 2 of the Supplementary Provisions of the Law for Partial Amendments to the Copyright 
Law (Law No.63, of 1991; in paragraph 4 of the Supplementary Provisions of this Law referred to as "the 
Amendments Law of 1991") shall not apply, in case of the application of the provisions relating to 
neighboring rights (including the provisions of Article 95ter, paragraphs (3) and (4)) of the Copyright Law 
amended by the provisions of Article 1 of this Law (hereinafter referred to as "the new Law") to the 
performances mentioned in Article 7, item (iv) of the new Law (excluding those falling within the 
performances mentioned in Article 7, items (i) to (iii)) which fall within th e following performances, or to the 
performances mentioned in Article 7, item (v) of the new Law which fall within the following performances; 
 
(i)  performances which took place in a member of the World Trade Organization; 
 
(ii)  performances fixed in the following phonograms: 
 
(a)  phonograms the producers of which are nationa ls 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 transm itted through the following broadcasts, excluding those incorporated in sound or 
visual recordings before 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 s ituated in any of the me mbers of the World Trade 
Organization. 
 
3. The provisions of paragraph 4 of the Supplementary Provisions of the Amendments Law of 1989 shall not 
apply, in case of the application of the provisions relating to neighboring rights of the new Law (including the 
provisions of Article 95ter, paragraphs (3) and (4)) to foreign performers whose performances are mentioned 
in the preceding paragraph, items (i) to (iii) and who did not have habitual residence in this country at the 
time when their perf ormances took place. 
 IP/N/1/JPN/C/2 
Page 54  
 
 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 97ter, paragraphs (3) to (5)) to the following phonograms: 
 
(i)  phonograms, mentioned in Artic le 8, item (iii) of the new Law, which fall within the following 
phonograms: 
 
(a)  phonograms the producers of which are nationa ls of any of the members of the World Trade 
Organizations; 
 
(b)  phonograms composed of the sounds which were first fixed in any of the members of the World Trade 
Organization; 
 
(ii)  phonograms, mentioned in Article 8, item (iv) of the new Law, to which Japan has the obligation to grant 
protection under the Convention for the Protection of Producers of Phonograms Against Unauthorized 
Duplication of Their Phonograms (in paragraph 6 of the Supplementary Provisions of this Law referred to 
as "the Phonograms Convention"). 
 
5. The provisions of paragraph 2 of the Supplementary Provisions of the Amendments Law of 1989 shall not 
apply, in case of the application of the provisions relating to neighboring rights of the new Law to the 
broadcasts, mentioned in the Article 9, item (iii) of th e 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. 
 
(Transitory measures: the making, etc. of copies of commercial phonograms ma nufactured 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 done after the enforcement of this Law, of copies of commercial phonograms 
reproduced from commercial phonograms (including copies of such commercial phonograms and those made 
through one or more intervening copies) which have been manufactured, by those engaging in the business of 
manufacturing commercial p honograms outside the jurisdiction of the Copyright Law, from matrices of 
phonograms (except those phonograms falling within any of the five items of Article 8 of the new Law) 
offered by producers of phonograms who are nationals of any of the members of the World Trade 
Organization (except nationals of any of the Contraction States of the International Convention for the 
Protection of Performers, Producers of Phonograms and Broadcasting Organizations or of the Phonograms 
Convention ("nationals" includes legal persons established under the law of such State and those who have 
their principal offices in such State)) and in relation to which twenty years from the year following the year of 
the first fixation of sounds on the matrices have passed before the enforcement of the Law for Partial 
Amendments to the Copyright Law (Law No.87, of 1988). 
 
 
Supplementary Provisions (Extract) 
(Law No.91, of 1995) 
 
(Date of enforcement) 
Article 1. This Law shall come into force twenty days after the date of its promulgation. [This Law came into 
force on June 1, 1995.] 
 
 
Supplementary Provisions 
(Law No.117, of 1996) 
 
(Date of enforcement)  IP/N/1/JPN/C/2 
 Page 55 
 
 
 1. This Law shall come into force on the date fixed by Cabinet Order within three months from the date of its 
promulgation. [This Law came into force on March 25, 1997.] 
 
(Transitory measures: term of protection for photographic works) 
2. The provisions relating to the term of protection for works of the amended Copyright Law (in the next 
paragraph referred to as "the new Law") shall apply to photographic works in which copyright under the 
Copyright Law before amendment subsists at the time of coming into force of this Law, and the provisions 
relating to the term of protection for works of the Copyright Law before amendment shall still apply to 
photographic works in which copyright under the Copyright Law before amendment has expired at the time 
of coming into force of this Law. 
 
3. Where the duration of copyright, in photographic work s created before the enforcem ent of this Law, under the 
provisions relating to the term of protection for works of the Copyright Law before amendment (hereinafter 
referred to as "the old Law") is to expire after the end of the duration of copyright under the new Law, the 
duration of copyright in such photographic works shall, notwithstanding the provisions of the new Law, 
expire at the end of the duration of copyright under the old Law. 
 
 
Supplementary Provisions 
(Law No.86, of 1997) 
 
(Date of enforcement) 
1. This Law shall come into force on January 1, 1998. 
 
(Transitory measures: works, etc. in a state that the interactive transmission thereof can be made) 
2. The provision of Article 23, paragraph (1), Article 92bis, paragraph (1) or Article 96bis of the revised 
Copyright Law (hereinafter referred to as "the new Law") shall not apply to the making transmittable, by 
means of an interactive transmission server mentioned in  Article 2, paragraph (1), item (ixquinquies) of the 
new Law, of such works, performances (only those mentioned in Article 92, paragraph (2), item (ii) of the 
Copyright Law before amendment (hereinafter referred to  as "the old Law); the same shall apply hereinafter 
in this paragraph) or phonograms as have been in a st ate that the interactive tran smission thereof can be made 
at the time of coming into force of this Law, by  a person who has made transmittable such works, 
performances or phonograms through such interactive transmission or, if such a person is different from a 
person who, by means of such interactive transmission server for such making transmittable of such works, 
performances or phonograms, has put such works, performances or phonograms in a state that the interactive 
transmission thereof can be made at the time of coming into force of this Law, by the latter. 
 
3. The provision of Article 92, paragraph (1) of the old La w shall still be effective, even after the enforcement of 
this Law, with respect to performan ces (other than those mentioned in Article 92, paragraph (2), item (ii)) 
which have been in a state that the interactive transmission thereof can be  made at the time of coming into 
force of this Law. 
 
(Transitory measures: penal provisions) 
4. The penal provisions of the old Law shall still apply to acts done before the enforcement of this Law. 
 
 
Supplementary Provisions (Extract) 
(Law No.101, of 1998) 
 
(Date of enforcement) 
Article 1. This Law shall come into force on April 1, 1999. 
 
 
Supplementary Provisions (Extract) 
(Law No.43, of 1999) 
 
(Date of enforcement) IP/N/1/JPN/C/2 
Page 56  
 
 Article 1. This Law shall come into force as from the date of enforcement of the Law for the Disclosure of 
Information Possessed by Government Organizations (Law  No.42, of 1999; hereinafter referred to as "the 
Information Disclosure Law"). [This Law came into force on January 1, 2001.] 
 
(Transitory measures required by partial amendments to the Copyright Law) 
Article 2. The provisions of Article 18, paragraph (3 ) of the Copyright Law amended by the provisions of 
Article 11 shall not apply to works which have not yet been made public (including works which have been 
made public without the consent of the authors) and which the authors have offered, before the enforcement 
of this Law, to government organizations or local public entities mentioned in the provisions of Article 2, 
paragraph (1) of the Information Disclosure Law. 
 
 
Supplementary Provisions (Extract) 
(Law No.77, of 1999) 
 
(Date of enforcement) 
1. This Law shall come into force on January 1, 2000. However, the amended provisions inserting the new items 
(xx) and (xxi) next to item (xix) of Article 2, paragraph (1), the amended provisions of Article 30, paragraph 
(1), the amended provisions of Article 113, the amended provisions of Article 119, the amended provisions 
inserting the new Article 120bis next to Article 120, th e amended provisions of Article 123, paragraph (1), the 
amended provisions of Article 5bis of the Supplementary Provisions [Law No.49, of 1970] and the provisions 
of paragraph 5 of the Supplementary Provisions [Law No.77, of 1999] shall come into force on October 1, 
1999. 
 
(Transitory measures) 
2. The provisions of Article 26bis, paragraph (1), Article 95bis, paragraph (1) and Article 97bis, paragraph (1) 
of the amended Copyright Law shall not apply in the case of the transfer of ownership of such originals or 
copies of works, of such sound or visual recordings of performances or of such copies of phonograms as 
subsisting at the time of enforcement of this Law (onl y those made without prejudice to the right of persons 
who have the right mentioned in Article 21, Article 91, paragraph (1) or Article 96 of the Copyright Law and 
excluding copies of works made by the owners of the right of publication). 
 
3. The provision of Article 26bis, paragraph (1) of the amended Copyright Law shall not apply to such 
distribution of copies of works, on which the right of publication is established, as made within the duration 
of such right by persons who have such right which was established before the enforcement of this Law and 
which subsists at the time of enforcement of this Law. 
 
4. The provisions of the Copyright Law before amendment shall still apply to such distribution of copies of 
works, made within the duration of the right of publication, as made by persons who had such right after the 
termination of such right (only such right established before the enforcement of this Law). 
 
5. For a period from October 1, 1999 to the day before the date of enforcement of this Law, "Article 95ter, 
paragraph (3)" and "Article 97ter, paragraph (3)" in Ar ticle 113, paragraph (4) of the amended Copyright Law 
shall read "Article 95bis, paragraph (3)" an d "Article 97bis, paragraph (3)", respectively. 
 
6. In the case where the date of enfo rcement of the Law for the Readjustment , etc. of Related Laws Required in 
Consequence of the Enforcement of the Law for the Disclosure of Information Possessed by Government 
Organizations (Law No.43, of 1999; hereinafter referred to as "the Readjustment Law") is preceded by the 
date of enforcement of this Law, "Ar ticle 42, Article 42bis" and "Article 42 or 42bis" in Article 47ter of the 
amended Copyright Law shall read "Article 42" and "or Article 42", respectively, for a period until the day 
before the date of enforcement of the Readjustment Law. 
 
7. The penal provisions of the Copyright Law before amendment shall still apply to acts done before the 
enforcement of this Law and to acts done after the en forcement of this Law in the case where the provisions 
of the Copyright Law before amendment shall still appl y in accordance with the provisions of paragraph 4 of 
the Supplementary Provisions [Law No.77, of 1999] 
 
  IP/N/1/JPN/C/2 
 Page 57 
 
 
 Supplementary Provisions (Extract) 
(Law No.160, of 1999) 
Article 1. This Law (except Articles 2 and 3) shall come into force on January 6, 2001. However, the following 
provisions shall come into force as from the day mentioned in each item concerned: 
 
(i), (ii): [omitted] 
 
 
Supplementary Provisions (Extract) 
(Law No.220, of 1999) 
Article 1. This Law (except Article 1) shall come into force on January 6, 2001. However, the following 
provisions shall come into force as from the day mentioned in any of the following items: 
(i) - (iii): [omitted] 
 
 
Supplementary Provisions 
(Law No.56, of 2000) 
 
(Date of enforcement) 
1. This Law shall come into force on January 1, 2001. However, the amended provisions of Article 58 of the 
Copyright Law in Article 1 and the prov isions of Article 2 shall come into force as from the day on which the 
WIPO Copyright Treaty becomes eff ective with respect to Japan.  
 
(Transitory measures: award of an amount of damages) 
2. The provisions of Article 114quater of the Copyright Law amended by the provisions of Article 1 shall not 
apply to such cases as those in which, prior to the enforcement of this Law, or al proceedings have been 
terminated in higher courts or in district courts in the second instan ce, or in which there has been an 
agreement as not to make an appeal with the reservation of the right to  appeal to a decision by a summary 
court or a decision by a district  court in the first instance. 
 
(Transitory measures: penal provisions) 
3. The penal provisions of the Copyright Law before amendment shall still apply to acts done before the 
enforcement of this Law. 
 
 
Supplementary Provisions 
(Law No.72, of 2002) 
 
(Date of enforcement) 
1. The provisions of this Law shall come into force as from the day mentioned in any of the following items, as 
follows: 
 
(i)  the amended provisions of Articles 7, 8, 95, 95ter,  97 and 97ter as well as the provisions of paragraphs 2 
to 4, 6, 7 and 9 of the Supplementary Provisions: the day on which the WIPO Performances and 
Phonograms Treaty (hereinafter referred to as "the WPPT") becomes effective with respect to Japan;  
 
(ii)  the amended provisions of the Table of Contents (only parts of the provision renumbering Article 
100quater as Article 100quinquies) and of Article 89, paragraph (4), the provision inserting the new Article 
99bis next to Article 99, the provisions renumber ing Article 100quater as Article 100quinquies and 
inserting the new Article 100quater next to Article 100ter and the amended provisions of Article 103: 
January 1, 2003; 
 
(iii)  the provisions other than those mentioned in th e preceding two paragraphs: the day on which the WPPT 
becomes effective with respect to Japan or January 1, 2003 whichever earlier. 
 
(Application of the provisions relating to neighboring rights) 
2. The provisions of paragraph 3 of the Supplementary Provisions of the Law for Partial Amendments to the 
Copyright Law (Law No.64, of 1986), paragraph 2 of the Supplementary Provisions of the Law for Partial IP/N/1/JPN/C/2 
Page 58  
 
 Amendments to the Copyright Law (Law No.43, of 1989; hereinafter referred to as "the Amendments Law of 
1989") and paragraph 2 of the Supplementary Provisions of the Law for Partial Amendments to the Copyright 
Law (Law No.63, of 1991; hereinafter referred to as "the Amendments Law of 1991") shall not apply, in case 
of the application of the provisions relating to neighboring rights (including the provisions of Article 95 and 
Article 95ter, paragraphs (3) and (4)) of the amended Copyright Law (hereinafter referred to as "the new 
Law") to the performances mentioned in Article 7, item(iv) of the new Law (excluding those falling within 
the performances mentioned in Article 7, items(i) to ( iii)) which fall within the following performances, or to 
the performances mentioned in Article 7, item(v) of the new Law which fall within the following 
performances: 
 
(i)  performances which took place in  a Contracting Party to the WPPT; 
 
(ii)  performances fixed in the following phonograms: 
 
(a)  phonograms the producers of which are nationals  of any of the Contracting Parties to the WPPT 
("nationals" includes legal persons established under the law of such Contracting Party and those who 
have their principal offices in such Contracting Party; the same shall apply hereinafter); 
 
(b)  phonograms composed of the sounds which were first fixed in any of the Contracting Parties to the 
WPPT. 
3. The provisions of paragraph 4 of the Supplementary Provisions of the Amendments Law of 1989 shall not 
apply, in case of the application of the provisions relating to neighboring rights of the new Law (including the 
provisions of Article 95 and Article 95ter, paragraphs (3) and (4)) to foreign performers whose performances 
are mentioned in the preceding paragraph, items(i) and (ii) and who did not have habitual residence in this 
country at the time when th eir performances took place. 
 
4. The provisions of paragraph 2 of the Supplementary Provisions of the Law for Partial Amendments to the 
Copyright Law (Law No.49, of 1978), paragraphs 2 and 3 of the Supplementary Provisions of the 
Amendments Law of 1989, and paragraph 3 of the Supplementary Provisions of the Amendments Law of 
1991 shall not apply, in case of the application of the provisions relating to neighboring rights of the new Law 
(including the provisions of Article 97 and Article 97te r, paragraphs (3) to (5)) to the following phonograms: 
 
(i)  phonograms, mentioned in Article 8, item(ii) of the new Law, which fall within the following 
phonograms:  
 
(a)  phonograms the producers of which are nationals  of any of the Contracting Parties to the WPPT; 
 
(b)  phonograms composed of the sounds which were first fixed in any of the Contracting Parties to the 
WPPT; 
 
(ii)  phonograms, mentioned in Article 8, item(iv) of the new Law, to which Japan has the obligation to grant 
protection under the Convention for the Protection of Producers of Phonograms Against Unauthorized 
Duplication of Their Phonograms.  
 
(Transitory measures: moral rights of performers) 
5. The provisions of Article 90bis, paragraph (1) and Article 90ter, paragraph (1) of the new Law shall not apply 
to performances fixed in sound or visual recordings which have been made with the authorization of the 
performer concerned before the enfor cement of this Law, except in the ca se where, after the enforcement of 
this Law, the name of the performer concerned indicated at his performances is deleted or altered, or the name 
of the performer concerned is newly indicated at his performances, or his performances are altered. 
 
(Transitory measures: secondary use of commercial phonograms) 
6. Notwithstanding the provisions of Article 95, paragraph (2) of the new Law, the provisions of paragraph (4) 
of that Article shall apply , in case of the application of the provisions of paragraph (1) of that Article to 
performers whose performances have been fixed in phonograms the producers of which are nationals of a 
country which is a Contracting Stat e of the International Convention for the Protection of Performers, 
Producers of Phonograms and Broadcasting Organizations (hereinafter in this and next paragraphs referred to 
as "the Convention for the Protection of Performers, etc.") and which is a Contracting Party to the WPPT and  IP/N/1/JPN/C/2 
 Page 59 
 
 
 whose performances have been so fixed before the day on which the Convention for the Protection of 
Performers, etc. became effective with respect to Japan. 
 
7. Notwithstanding the provisions of Article 95, paragraph (2) of the new Law which shall apply mutatis 
mutandis in the provisions of Article 97, paragraph (2) of the new Law, the provisions of Article 95, 
paragraph (4) of the new Law which shall apply mutatis mu tadis in the provisions of Article 97, paragraph (2) 
of the new Law shall apply, in case of the application of the provisions of Article 97, paragraph (1) of the new 
Law to producers of phonograms who are nationals of a country which is a Contracting State of the 
Convention for the Protection of Performers, etc. and which is a Contracting Party to the WPPT and whose 
phonograms have been composed of the sounds first fixed before the day on which the Convention for the 
Protection of Performers, etc. became effective with respect to Japan. 
 
(Transitory measures: term of protection for phonograms) 
8. The provisions of Article 101, paragraph (2), item(ii) shall apply to phonograms in which neighboring rights 
under the Copyright Law before amendment subsist at the time of coming into force of this Law, and the 
provisions relating to the term of protection for phonograms of the Copyright Law before amendment shall 
still apply to phonograms in which neighboring rights under the Copyright Law before amendment have 
expired at the time of coming into force of this Law. 
 
(Partial amendments to the Law on Management Business of Copyright and Neighboring Rights) 
9. The Law on Management Business of Copyright and Neighboring Rights (Law No.131, of 2000) shall be 
partially amended as follows:  
In Article 25, item(i), the words "Ar ticle 95, paragraph (4)" shall be replaced by the words "Article 95, 
paragraph (5)".   
 
 
__________