Copyright Act  
 
(Act No. 48 of May 6, 1970)  
 
The entirety of the Copyright Act (Act No. 39 of 1899) is hereby amended . 
 
Contents:  
Chapter I General Provisions  
Section 1 General Rules (Articles 1 through  5) 
Section 2 Scope of Application (Articles 6 through  9-2) 
Chapter II Rights of Authors  
Section 1 Works (Articles 10 through  13) 
Section 2 Authors (Articles 14 through  16) 
Section 3 The Substance of Rights  
Subsection 1 General Rules (Article 17)  
Subsection 2 Moral Rights of Authors (Articles 18 through  20) 
Subsection 3 Categories of Rights Comprising Copyright (Articles 21 through  
28) 
Subsection 4 Ownership of Copyright to Cinematographic Works (Article 29)  
Subsection 5 Limitations of Copyright (Articles 30 through  50) 
Section 4 Term of Protection (Articles 51  through  58) 
Section 5 The Exclusive Nature  of an Author's Moral Rights ; Related Matters  
(Articles 59 and 60)  
Section 6 Transfer and Expiration of Copyright (Articles 61 and 62)  
Section 7 Exercise of Rights (Articles 63 through  66) 
Section 8 Exploitation o f a Work Based on  a Compulsory License (Articles 67 
through  70) 
Section 9 Compensation ; Related Matters  (Articles 71 through  74) 
Section 10 Registration (Articles 75 through  78-2) 
Chapter III Print Rights (Articles 79 through  88) 
Chapter IV Neighboring Rig hts 
Section 1 General Rules (Articles 89 and 90)  
Section 2 Rights of Performers (Articles 90 -2 through  95-3) 
Section 3 Rights of Producers of Phonograms (Articles 96 through  97-3) 
Section 4 Rights of Broadcasters (Articles 98 through  100) 
Section 5 Rights of Cablecasters (Articles 100 -2 through  100-5) 
Section 6 Term of Protection (Article 101)  
Section 7 The Exclusive Nature  of a Performer's Moral Rights ; Related 
Matters  (Articles 101 -2 and 101 -3) 
Section 8 Limitations, Transfer, Exercise, and Registration o f Rights (Articles 102 through  104) 
Chapter V Compensation for Exploitation in Connection with Limitations of a 
Copyright ; Related Matters . 
Section 1 Private Sound and Visual Recording (Articles 104 -2 through  104-
10) 
Section 2 Compensation for Public Trans mission for Classes (Articles 104 -11 
through  104-17) 
Chapter VI Dispute Resolution (Articles 105 through  111) 
Chapter VII Infringement of Rights (Articles 112 through  118) 
Chapter VIII Penal Provisions  (Articles 119 through  124) 
Supplementary Provisions  
 
Chapter I General Provisions  
Section 1 General Rules  
 
 (Purpose)  
Article 1 The purpose of this Act is to provide for authors' rights and neighboring 
rights with respect to works , as well as  with respect to  performances, 
phonograms, broadcasts , and cablecast s, and to ensure protection for the rights 
of authors  and other such  persons  while according attention to the fair 
exploitation of these cultural products, and thereby to contribute to cultural 
development.  
 
 (Definitions)  
Article 2 (1) In this Act, the me aning s of the terms set forth in the following 
items are as prescribed respectively in those items: 
 (i) "work" means a creatively produced  expression of  thoughts or sentiments 
that falls within the literary, academic, artistic , or musical domain;  
 (ii) "a uthor" means a person who creates a work;  
 (iii) "performing" means giving a  dramatic  performance  of, dancing, giving a 
musical performance  of, singing, delivering , declaiming , or by any other 
means giving a performance of  a work (including similar actions  not 
involving the performance  of a work but having the nature of a performing 
art); 
 (iv) "performer" means an actor, dancer, musician, singer, or any other person 
who gives a performance , or a person who conducts or stages a performance;  
 (v) "phonogram"  means the fixation of sounds on a material object such as a 
phonograph disc or recording tape ( other than  of sound s that are  intended to 
be played exclusively alongside images);  
 (vi) "producer of a phonogram" means the person that was the first to fix th e 
sounds that have been fixed in a phonogram;   (vii) "commercial phonogram" means a copy of a phonogram that is produced 
for the purposes of commercial distribution;  
 (vii)-2 making a "transmission to the public" means making a transmission of 
wireless com munications or wired telecommunications with the objective of 
allowing the public to receive them directly (excluding transmission (unless 
this constitutes the transmission of a work of computer programming) using  
telecommunications equipment  one part of w hich is installed on the same 
premises as the other parts (or, excluding, if two or more persons occupy the 
same premises, transmission using  telecommunications equipment  both ends 
of which are installed within the area a single  person occupies));  
 (viii) "broadcasting" means the transmission to the public of wireless 
communications with the objective of allowing the public to simultaneously 
receive transmissions with the same content;  
 (ix) "broadcaster" means a person that does broadcasting in the course of 
trade;  
 (ix)-2 "cablecasting" means the transmission to the public of wired 
telecommunications with the objective of allowing the public to 
simultaneously receive transmissions with the same content;  
 (ix)-3 "cablecaster" means a person that does cablec asting in the course of 
trade;  
 (ix)-4 "automatic public transmission" means a transmission to a member of 
the public (excluding one that constitutes a broadcast or cablecast) that is 
made automatically in response to a request from the member of the publi c; 
 (ix)-5 making a work " available for transmission" means making it available  to 
be transmitted via automatic public transmission, through either of the 
following actions:  
 (a) recording data onto a recording medium that an automatic public 
transmission server connected with a public telecommunications network 
uses for transmissions to the public (an automatic public transmission 
server is a device with a function that allows it to send automatic public 
transmissions of data recorded onto the area of its recording media that is 
used for automatic public transmissions (hereinafter in this item referred 
to as a "recording medium for public transmissions") or of data input into 
it, through its connection with a public telecommunications network; the 
same appl ies hereinafter); adding a recording medium onto which data has 
been recorded to such an automatic public transmission server as its 
recording medium for public transmissions; converting a recording medium 
onto which data has been recorded into such an aut omatic public 
transmission server's recording medium for public transmissions; or 
inputting data into such an automatic public transmission server;  
 (b) connecting an automatic public transmission server onto whose recording medium for public transmissions  data has been recorded or into which data 
has been input, to a public telecommunications network (if this is done 
through a series of actions such as connecting cables, starting up the 
automatic public transmission server, and booting the programs for 
transmission and reception, connecting means the last action in the 
series) ; 
 (x) "producer of a cinematographic work" means the person that  does the 
conceptualizing and has the responsibility in the production of  a 
cinematographic work;  
 (x)-2 "computer prog ram" means something expressed as a set of instructions 
written for a computer, which makes the computer function so that a specific 
result can be obtained;  
 (x)-3 "database" means an aggregate of data such as articles, numerical values, 
or diagrams, which  is systematically constructed so that such data can be 
searched with a computer;  
 (xi) "derivative work" means a work that a person create s by translating, 
composing a musical arrangement  of, reformulating, dramatizing, making a 
cinematographic adaptation  of, or otherwise adapting a pre -existing work;  
 (xii) "joint work" means a work created by two or more persons whose 
contributions to the work cannot be separated so as to allow each part of the 
work to be used independently;  
 (xiii) " recording the sound"  of something  means fixing sounds into a physical 
object or producing additional copies of that fixation ; 
 (xiv) "recording  the visuals " of something  means fixing a sequence of images 
into a physical object or producing additional copies of that fixation ; 
 (xv) "reproduction" means the physical replication of  a work through printing, 
photography, or copying , through the  recording of sound or visuals, or in any 
other way, and, for each of the following subject matters, includes the action 
set forth therein:  
 (a) a scenario or other similar work that is used for acting: recording the 
sound or visuals of a stage performance, broadcast , or cablecast of the 
work; and  
 (b) an architectural work: the construction of a structure in accordance with 
the architectural plan; 
 (xvi) giving a "stage performance" means performing  a work other than by 
giving a musical performance (a musical performance includes singing; the 
same applies hereinafter);  
 (xvii) giving an "on-screen presentation" means projecting a work (other t han 
one being transmitted to the public) on a movie screen or other physical 
object, and includes playing the sounds accompanying the projection that are 
fixed to a cinematographic work;   (xviii) "recitation" means communicating a work orally by reading it  or 
through other means (except for a means that constitutes a performance);  
 (xix) "distributing" a work means transferring or renting out copies of a work 
to the public, regardless of whether this is done for a price or at no charge, 
and with regard to a  cinematographic work or a work reproduced therein, it 
includes transferring or renting out copies of such a work for the purpose of 
presenting the work to the public;  
 (xx) "technological protection measures" means measures that use electronic 
means, magn etic means, or other means that cannot be  perceive d through 
the human senses (referred to as "electronic or magnetic means" in the 
following item and item (xxii)) to prevent or deter a person from engaging in 
an action that constitutes infringement of an a uthor's moral rights or 
copyright as referred to in Article 17, paragraph (1), of a print right, of a 
performer's moral rights as referred to in Articles 89, paragraph (1), or of 
neighboring rights as referred to in Article 89, paragraph (6) (hereinafter 
referred to as a " Copyright; Related Matters ." in this item, Article 30, 
paragraph (1), item (ii) , Article 113, paragraph (7)  and Article 120 -2, item s 
(i) and (iv) ) (deterring such an action means deterring a person from 
engaging in an action that constitut es infringement of a Copyright; Related 
Matters . by causing a considerable barrier to arise as a result of such an 
action; the same applies in Article 30, paragraph (1), item (ii)) (excluding any 
measure taken to  prevent or suppress such an action that is not based on the 
intentions of the person that owns the Copyright; Related Matters .), and that 
are taken using signals to which a machine that can be used to exploit a 
work, performance, phonogram, broadcast, or cablecast (hereinafter referred 
to as a "wor k, etc.") will have a specific reaction if the work, etc. is exploited 
(this includes if an action is taken that constitutes an infringement of the 
moral rights of the author or performer when taken without the consent of 
the author or the performer), by r ecording such signals onto a recording 
medium, or by transmitting such signals ; or by converting the sounds or 
images of a work, performance, or phonogram and recording them onto a 
recording medium or converting the sounds or images of a broadcast or 
cable cast and transmitting them , so that a machine that can be used to 
exploit that work, etc. will need to make a specific conversion when  the work, 
etc. is exploited ; 
 (xxi) "technological exploitation restriction measures" means measures that 
use electronic or magnetic means to restrict a wor k, etc.  from being view ed or 
listened to (or from being executed on a computer, if it is  a work of computer 
programming; the same applies hereinafter in this item and Article 113, 
paragraph ( 6)) (excluding any measure tak en to  restrict this that is not 
based on the intentions of the copyright owner, the owner of print rights, or the owner of neighboring rights (hereinafter referred to as "the owner of the 
copyright , etc. ")), and that are taken using signals to which a mach ine that 
can be used  to view or listen to a work, etc. will have a specific reaction if the 
work, etc. is viewed or listened to, by recording such signals onto a recording 
medium ; by transmitting such signals ; or by converting the sounds or images 
of a wor k, performance, or phonogram and recording them onto a recording 
medium or converting the sounds or images of a broadcast or cablecast and 
transmitting them , so that a machine that can be used to exploit that work, 
etc. will need to make a specific convers ion when the  work, etc. is viewed or 
listened to ; 
 (xxii) "rights management information" means information about a moral 
right or copyright provided for in Article 17, paragraph (1) , a print right,  or a 
right referred to in Article 89, paragraphs (1) to ( 4) (hereinafter referred to 
as a " Copyright; Related Matters ." in this item) which falls under (a), (b), or 
(c) below, and which is recorded onto a recording medium along with the 
sounds or images of a work, performance, or phonogram, or transmitted 
along with the sounds or images of a broadcast or cablecast (excluding 
information not used for assessing how a work, etc. is exploited, for 
administrative handling related to authorization to exploit a work, etc., or 
for other management of a work, etc. (limite d to management by computer)) 
by electronic or magnetic means:  
(a) information that identifies the work, etc., the owner of the Copyright; 
Related Matters ., and any other particulars that are specified by Cabinet 
Order;  
(b) information on the terms and con ditions of exploitation, if exploitation of 
the work, etc. is authorized;  
(c) information that enables a person to identify the particulars referred to in 
(a) or (b) above by checking against other information ; 
 (xxiii) "in Japan" means within the jurisdic tion of this Act;  
 (xxiv) "abroad" means outside the jurisdiction of this Act.  
 (2) As used in this Act, an "artistic work" includes a work of artistic 
craftsmanship.  
 (3) As used in this Act, a "cinematographic work" includes a work rendered in a 
manner t hat produces a visual or audio -visual effect analogous to that of 
cinematography, and that is fixed into a physical object.  
 (4) As used in this Act, a "photographic work" includes a work rendered using a 
method similar to that which is used to produce a p hotograph.  
 (5) As used in this Act, "the public" includes exclusive groups made up of many 
persons.  
 (6) As used in this Act, a "corporation" includes an association or foundation that 
is without legal personality but that has stipulations for a represent ative or administrator.  
 (7) In this Act, "stage performance" , "musical performance" , and "recitation" 
include the playback of sound or visual recordings of a stage performance, 
musical performance, or recitation of a work (except when this constitutes a 
transmission to the public or on -screen presentation), and the communication 
of a stage performance, musical performance, or recitation of a work by means 
of telecommunications facilities (except when this constitutes a transmission to 
the public).  
 (8) In this Act, "renting out" a work includes any action that causes  a person to 
acquire the authority for similar use  of it, irrespective of the name given to it 
or the manner in which it is done.  
 (9) In this Act, any term  as set forth  in paragraph (1), item s (vii)-2, (viii), (ix) -2, 
(ix)-4, (ix) -5, and (xiii) through  (xix), and in the preceding two paragraphs 
encompasses the  variant grammatical forms  that use the same root . 
 
 (Publication of a Work) 
Article 3 (1) A work has been published if the person that ow ns the right set 
forth in Article 21, a person authorized thereby (meaning the person is 
authorized to exploit a work pursuant to the provisions of Article 63, 
paragraph (1); the same applies hereinafter in this and the following  Chapter, 
except this parag raph, Article 4, paragraph (1), Article 4 -2 and Article 63), a 
person in favor of whom the print rights set forth in Article 79 have been 
established, or a person authorized thereby to reproduce such work (meaning 
the person is authorized to reproduce a wo rk pursuant to the provisions of 
Article 80, paragraph (3); the same applies in the proviso to Article 37, 
paragraph (3), and the proviso to Article 37 -2) makes and distributes copies of 
the work in quantities that are reasonably sufficient for meeting pub lic 
demand, commensurate with the nature of the work (limited to when the 
person does so without prejudice to the rights of the person that owns the 
rights set forth in Article 26, Article 26 -2, paragraph (1), or Article 26 -3). 
 (2) An original work is dee med to have been published if the person that, 
pursuant to the provisions of Article 28, owns the same right to the relevant 
work as the one prescribed in Article 21 or a person authorized thereby makes 
and distributes copies of a translation of that origi nal work which constitutes a 
derivative work, in the quantity provided for in the preceding paragraph 
(limited to when the person does so without prejudice to the rights of the 
person that, pursuant to the provisions of Article 28, owns the same right to 
the relevant work as a right set forth in Article 26, Article 26 -2, paragraph (1), 
or Article 26 -3). 
 (3) The person that would own a right referred to in either of the preceding two 
paragraphs if the work were protected under this Act and a person authoriz ed thereby to exploit the work are, respectively, deemed to be the person that 
owns that right and the person authorized thereby, and the provisions of those 
paragraphs apply.  
 
 (Making a Work Public)  
Article 4 (1) A work has been made public if it is publ ished or if a person that 
owns a right provided for in Articles 22 through 25, a person authorized 
thereby (meaning the person is authorized to exploit a work pursuant to the 
provisions of Article 63, paragraph (1)), a person in favor of whom the print 
rights set forth in Article 79 have been established, or a person authorized 
thereby to transmit that work to the public (meaning the person is authorized 
to exploit a work pursuant to the provisions of Article 80, paragraph (3); the 
same applies in the follo wing paragraph , the proviso to Article 37, paragraph 
(3), and the proviso to Article 37 -2) presents the work to the public by means of 
a stage performance, musical performance, on -screen presentation, 
transmission to the public, recitation, or exhibition ( if it is an architectural 
work, this includes when the person that owns the right set forth in Article 21 
or the person authorized thereby (meaning the person is authorized to exploit a 
work pursuant to the provisions of Article 63, paragraph (1)) construc ts it).  
 (2) A work is deemed to have been made public if the person that owns the right 
provided for in Article 23, paragraph (1), a person authorized thereby, a person 
in favor of whom the print rights set forth in Article 79 have been established, 
or a person authorized thereby to transmit that work to the public makes the 
work available for transmission.  
 (3) An original work is deemed to have been made public if a person that, 
pursuant to the provisions of Article 28, owns the same right to the relevan t 
work as one that is provided for in Articles 22 through 24 or a person 
authorized thereby presents a translation of it to the public which constitutes a 
derivative work, by means of a stage performance, musical performance, on -
screen presentation, transm ission to the public, or recitation, or if a person 
that, pursuant to the provisions of Article 28, owns the same right with regard 
to the relevant work as the right provided for in Article 23, paragraph (1) or a 
person authorized thereby makes that transl ation available for transmission.  
 (4) An artistic work or a photographic work is deemed to have been made public 
if the person prescribed in Article 45, paragraph (1) exhibits it as provided for 
in that paragraph.  
 (5) The person that would own a right pr ovided for in paragraphs (1) t hrough  (3) 
of this Article if the work were protected under this Act and a person 
authorized thereby to exploit the work are, respectively, deemed to be the 
person that owns that right and the person authorized thereby, and th e 
provisions of those paragraphs apply accordingly.   
 (Publication of a Phonogram)  
Article 4 -2 A phonogram has been published if the person that owns the right set 
forth in Article 96 or a person authorized thereby (meaning the person is 
authorized to expl oit a phonogram pursuant to the provisions of Article 63, 
paragraph (1) as they apply mutatis mutandis pursuant to Article 103; the 
same applies in Chapter IV, Sections 2 and 3) makes and distributes copies of 
the phonogram in quantities that are reasonabl y sufficient for meeting public 
demand, commensurate with the nature of the work (limited to when the 
person does so without prejudice to the rights of the person that owns the right 
set forth in Article 97 -2, paragraph (1) or Article 97 -3, paragraph (1)).  
 
 (Effect of International Treaties)  
Article 5 If an international treaty provides otherwise with respect to the rights 
of authors and neighboring rights, the provisions thereof prevail.  
 
Section 2 Scope of Application  
 
 (Protected Works)  
Article 6 Only a  work that falls under one of the following items is protected 
under this Act:  
 (i) a work by a Japanese national (including a corporation established based 
on a Japanese law or regulation or a corporation with a principal office in 
Japan; the same applies  hereinafter);  
 (ii) a work that is first published in Japan (including one first published 
abroad and published in Japan within 30 days from the date of its first 
publication ); 
 (iii) a work other than one set forth in the preceding two items, which Japan  is 
under the obligation to protect pursuant to an international treaty.  
 
 (Protected Performances)  
Article 7 Only a performance that falls under one of the following items is 
protected under this Act:  
 (i) a performance that takes place in Japan;  
 (ii) a performance fixed in a phonogram set forth in item (i) or (ii) of the 
following Article ; 
 (iii) a performance transmitted in a broadcast set forth in Article 9, item (i) or 
(ii) (excluding a performance whose sound or visuals are recorded before the 
transm ission with the authorization of the performer);  
 (iv) a performance transmitted in a cablecast set forth in one of the items of 
Article 9 -2 (excluding a performance whose sound or visuals are recorded before the transmission with the authorization of the performer);  
 (v) any of the following performances, other than one also set forth in the 
preceding items:  
 (a) a performance that takes place in a Contracting State of the 
International Convention for the Protection of Performers, Producers of 
Phonograms a nd Broadcasting Organizations (hereinafter referred to as 
"the Convention for the Protection of Performers, etc.");  
 (b) a performance fixed in a phonogram set forth in item (iii) of the following 
Article ; 
 (c) a performance transmitted in a broadcast set forth in Article 9, item (iii) 
(excluding a performance whose sound or visuals are recorded before the 
transmission with the authorization of the performer) ; 
 (vi) any of the following performances, other than one also set forth in the 
preceding items:  
 (a) a performance that takes place in a Contracting Party to the WIPO 
Performances and Phonograms Treaty (hereinafter referred to as "the 
WPPT");  
 (b) a performance fixed in a phonogram set forth in item (iv) of the following 
Article ; 
 (vii) any of the follo wing performances, other than one also set forth in the 
preceding items:  
 (a) a performance that takes place in a World Trade Organization Member 
State;  
(b) a performance fixed in a phonogram set forth in item (v) of the following 
Article ; 
 (c) a performan ce transmitted in a broadcast set forth in Article 9, item (iv) 
(excluding a performance whose sound or visuals are recorded before the 
transmission with the authorization of the performer).  
 (viii) a performance by a performer who is a national of a Contracting Party to 
the Beijing Treaty on Audiovisual Performances or has habitual residence in 
that party, other than one also set forth in the preceding items.  
 
 (Protected Phonograms)  
Article 8 Only a phonogram that falls under one of the following items is  
protected under this Act:  
 (i) a phonogram whose producer is a Japanese national;  
 (ii) a phonogram in which sounds are first fixed in Japan;  
 (iii) any of the following phonograms, other than one also set forth in either of 
the preceding two items:  
 (a) a phonogram whose producer is the national of a Contracting State of the 
Convention for the Protection of Performers, etc. (the nationals of a Contracting State include corporations established based on the laws and 
regulations of that State and corporatio ns that have principal offices in 
that State; the same applies hereinafter);  
 (b) a phonogram in which sounds are first fixed in a Contracting State of the 
Convention for the Protection of Performers, etc. ; 
 (iv) any of the following phonograms, other than  one also set forth in the 
preceding three items:  
 (a) a phonogram whose producer is the national of a Contracting Party to 
the WPPT (the nationals of a Contracting Party include corporations 
established based on the laws and regulations of that Party and 
corporations that have principal offices in that Party; the same applies 
hereinafter);  
 (b) a phonogram in which sounds are first fixed in a Contracting Party to 
the WPPT ; 
 (v) any of the following phonograms, other than one also set forth in the 
preceding  items:  
 (a) a phonogram whose producer is the national of a World Trade 
Organization Member State (the nationals of a Member State include 
corporations established based on the laws and regulations of that State 
and corporations that have principal office s in that State; the same applies 
hereinafter);  
 (b) a phonogram in which sounds are first fixed in a World Trade 
Organization Member State ; 
 (vi) a phonogram, other than one set forth in the preceding items, that Japan 
is under the obligation to protect p ursuant to the Convention for the 
Protection of Producers of Phonograms Against Unauthorized Duplication of 
Their Phonograms (referred to as "the Convention for the Protection of 
Phonograms" in Article 121 -2, item (ii)).  
 
 (Protected Broadcasts)  
Article 9 Only a broadcast that falls under one of the following items is protected 
under this Act:  
 (i) the broadcast of a broadcaster that is a Japanese national;  
 (ii) a broadcast made from a broadcasting facility in Japan;  
 (iii) any of the following broadcasts,  other than one also set forth in the 
preceding two items:  
 (a) the broadcast of a broadcaster that is the national of a Contracting State 
of the Convention for the Protection of Performers, etc.;  
 (b) a broadcast made from a broadcasting facility in a Con tracting State of 
the Convention for the Protection of Performers, etc. ; 
 (iv) any of the following broadcasts, other than one also set forth in the preceding three items:  
 (a) the broadcast of a broadcaster that is the national of a World Trade 
Organizati on Member State;  
 (b) a broadcast made from a broadcasting facility in a World Trade 
Organization Member State.  
 
 (Protected Cablecasts)  
Article 9 -2 Only a cablecast that falls under one of the following items is 
protected under this Act:  
 (i) a cablecast whose cablecaster is a Japanese national (excluding a cablecast 
that the cablecaster transmits based on the receipt of a broadcast; the same 
applies in the following  item);  
 (ii) a cablecast made from a cablecasting facility in Japan.  
 
Chapter II Rights of  Authors  
Section 1 Works  
 
 (Examples of Works)  
Article 10 (1) The following gives an illustrative example of what is meant, on 
the whole, by the term "works" as it is used in this Act:  
 (i) novels, scenarios, articles, lectures, and other literary works;  
 (ii) musical works;  
 (iii) works of choreography and pantomime;  
 (iv) paintings, woodblock prints, sculptures, and other works of fine art;  
 (v) works of architecture;  
 (vi) maps and other diagrammatic works of a n academic nature, such as plans, 
charts, an d models;  
 (vii) cinematographic works;  
 (viii) photographic works;  
 (ix) works of computer programming.  
 (2) News reports on current events and miscellaneous news articles that 
communicate nothing further than the facts do not fall within the scope of 
works provided for in item (i) of the preceding paragraph.  
 (3) Protection under this Act for a work set forth in paragraph (1), item (ix) does 
not extend to the programming language, coding conventions, or algorithms 
used to create the work. In this  case, the meanings of these terms are as 
prescribed in the following items:  
 (i) "programming language" means letters and other symbols used as a means 
of expressing a computer program and the systems for their use;  
 (ii) "coding conventions" means special stipula tions for the use of a 
programming language provided for in the preceding item in a specific computer program;  
 (iii) "algorithm" means a procedure in a computer program, which consists of a 
set of instructions for the computer.  
 
 (Derivative Works)  
Articl e 11 Protection of a derivative work under this Act does not affect the 
rights of the author of the original work.  
 
 (Compilations)  
Article 12 (1) A compilation (except a compilation that constitutes a database; 
the same applies hereinafter) that, by reaso n of the selection or arrangement of 
its contents, constitutes an intellectual creation is protected as a work.  
 (2) The provisions of the preceding paragraph do not affect the rights of the 
author of a work that forms part of a compilation as referred to in that 
paragraph.  
 
 (Database Works)  
Article 12 -2 (1) A database that, by reason of the selection or systematic 
construction of information contained therein, constitutes a creation is 
protected as a work.  
 (2) The provisions of the preceding paragraph do  not affect the rights of the 
author of a work that forms part of a database as referred to in that paragraph.  
 
(Works Not Subject to Copyright)  
Article 13 The following works are not subject to the rights provided for in this 
Chapter:  
 (i) the Constitutio n and other laws and regulations;  
 (ii) notifications, instructions, circular notices, and other similar materials 
issued by a national or local government agency, an independent 
administrative agency (meaning an incorporated administrative agency 
provided  for in Article 2, paragraph (1) of the Act on General Rules for 
Independent Administrative Agencies (Act No. 103 of 1999); the same applies 
hereinafter), or a local independent administrative agency (meaning a local 
incorporated administrative agency prov ided for in Article 2, paragraph (1) 
of the Local Independent Administrative Agencies Act (Act No. 118 of 2003); 
the same applies hereinafter);  
 (iii) judgments, decisions, orders, and decrees of the courts, as well as rulings 
and decisions made by adminis trative agencies in proceedings of a quasi -
judicial nature;  
 (iv) translations and compilations of the materials listed in the preceding 
three items, which are made by a national or local government agency, independent administrative agency, or local indep endent administrative 
agency.  
 
Section 2 Authors  
 
 (Presumption of Authorship)  
Article 14 The person whose name or appellation (hereinafter referred to as "true 
name"), or whose pen name, abbreviated name, or other substitute for the 
person's true name by which that person is commonly known (hereinafter 
referred to as a "pseudonym") is indicated as the name of the author in the 
customary manner on the original work or at the time that the work is ma de 
available or presented to the public is presumed to be t he author of that work.  
 
 (Authorship of a Work Made in the Course of Duty) 
Article 15 (1) For a work (except a work of computer programming) that an 
employee of a corporation or other employer s (hereinafter in this Article such a 
corporation or other empl oyers are referred to as a "corporation, etc.") makes in 
the course of duty at the initiative of the corporation, etc., and that the 
corporation, etc. makes public as a work of its own authorship, the author is 
the corporation, etc., so long as it is not s tipulated otherwise in a contract, in 
employment rules, or elsewhere at the time the work is made.  
 (2) For a work of computer programming that an employee of a corporation, etc. 
makes at the initiative of the corporation, etc. in the course of duty, the a uthor 
is the corporation, etc., so long as it is not stipulated otherwise in a contract, in 
employment rules, or elsewhere at the time the work is made.  
 
 (Authorship of a Cinematographic Work) 
Article 16 The author of a cinematographic work is the person that makes a 
creative contribution to the overall shaping of the work through responsibility 
for its production, direction, staging, filming, art direction, etc., other than the 
author of a novel, scenario, music, or other work that is adapted into or 
reproduced in the cinematographic work; provided, however, that this does not 
apply if the provisions of the preceding Article apply.  
 
Section 3 The Substance of Rights  
Subsection 1 General Rules  
 
 (Authors' Rights)  
Article 17 (1) The author of a work enjoys t he rights provided for in paragraph 
(1) of the following Article ; Article 19, paragraph (1); and Article 20, paragraph 
(1) (hereinafter referred to as the "moral rights of an author"), as well as the rights provided for in Articles 21 through 28 (hereinaft er referred to as a 
"copyright").  
 (2) Enjoyment of the moral right s of an author and of a copyright requires no 
formalities.  
 
Subsection 2 Moral Rights of Authors  
 
 (Right to Make a Work Public)  
Article 18 (1) The author of a work not yet made public (thi s includes a work 
made public without the author's consent; the same applies hereinafter in this 
Article) has the right to make available or present that work to the public. The 
same applies to any derivative work derived from an original work that has not  
yet been made public.  
 (2) In a case set forth in one of the following items, the author is presumed to 
consent to the action set forth in the relevant item:  
 (i) the author transfers the copyright to a work not yet made public: making 
available or presen ting the work to the public through the exercise of the 
copyright to the work;  
 (ii) the author transfers the original of an artistic or photographic work not 
yet made public: presenting the work to the public through exhibiting the 
original;  
 (iii) the co pyright to an author's cinematographic work belongs to the producer 
of the cinematographic work pursuant to the provisions of Article 29: making 
available or presenting the work to the public through the exercise of the 
copyright to the work.  
 (3) In a cas e set forth in one of the following items, the author is presumed to 
consent to the action set forth in the relevant item:  
 (i) the author makes available  a work not yet made public to an administrative 
organ (meaning an administrative organ provided for i n Article 2, paragraph 
(1) of the Act on Access to Information Held by Administrative Organs (Act 
No. 42 of 1999; hereinafter referred to as "the Act on Access to 
Administrative Organs' Information ")) (unless the author manifests an 
intention to the contra ry by the time of the decision to disclose it under the 
provisions of Article 9, paragraph (1) of the Act on Access to Administrative 
Organs' Information): making available or presenting the work to the public 
by the head of the administrative organ, pursu ant to the provisions of the 
Act on Access to Administrative Organs' Information  (if historical public 
records and archives (meaning historical public records and archives 
provided for in Article 2, paragraph (6) of the Public Records and Archives 
Manageme nt Act (Act No. 66 of 2009; hereinafter referred to as "the Public 
Records Management Act "); the same applies hereinafter) pertaining to that work are transferred from the head of an administrative organ to the 
National Archives of Japan, etc. (meaning the  National Archives of Japan, 
etc. provided for in Article 2, paragraph (3) of the Public Records 
Management Act; the same applies hereinafter)) pursuant to the provisions 
of Article 8, paragraph (1) of the Public Records Management Act (unless the 
author o f the work manifests an intention to the contrary by the time of the 
decision to permit the use of that work under the provisions of Article 16, 
paragraph (1) of the Public Records Management Act), this includes making 
available or presenting the work to t he public by the head of the National 
Archives of Japan, etc. (meaning the head of the National Archives of Japan, 
etc. provided for in Article 15, paragraph (1) of the Public Records 
Management Act; the same applies hereinafter), pursuant to the provision s 
of Article 16, paragraph (1) of the Public Records Management Act) ; 
 (ii) the author makes available  a work not yet made public to an incorporated 
administrative agency, etc. (meaning an incorporated administrative agency, 
etc. provided for in Article 2,  paragraph (1) of the Act on Access to 
Information Held by Incorporated Administrative Agencies (Act No. 140 of 
2001; hereinafter referred to as "the Act on Access to Incorporated 
Administrative Agencies' Information"); the same applies hereinafter) 
(unles s the author manifests an intention to the contrary by the time of the 
decision to disclose it under the provisions of Article 9, paragraph (1) of the 
Act on Access to Incorporated Administrative Agencies' Information): making 
available or presenting the w ork to the public by the incorporated 
administrative agency, etc., pursuant to the provisions of the Act on Access 
to Incorporated Administrative Agencies' Information (i f historical public 
records and archives pertaining to that work are transferred from that 
incorporated administrative agency, etc. to the National Archives of Japan, 
etc. pursuant to the provisions of Article 11, paragraph (4) of the Public 
Records Management Act (unless the author of the work manifests an 
intention to the contrary by the time of the decision to permit the use of that 
work under the provisions of Article 16, paragraph (1) of the Public Records 
Management Act),  this includes  making available or presenting the work to 
the public by the head of the National Archives of Japan, etc., pursuant to 
the provisions of Article 16, paragraph (1) of the Public Records Management 
Act);  
 (iii) the author makes available  a work not yet made public to a local 
government agency or local incorporated administrative agency (unless the 
author ma nifests an intention to the contrary by the time of a decision to 
make a disclosure): making available or presenting the work to the public by 
an organ of the relevant local government agency or the relevant local 
incorporated administrative agency, pursua nt to the provisions of information disclosure ordinance (meaning local government agency 
ordinance prescribing  the right of a resident, etc. to request that local 
government agency or a local incorporated administrative agency to disclose 
the information it holds; the same applies hereinafter) (i f historical public 
records and archives pertaining to that work are transferred from the local 
government agency or local incorporated administrative agency to the local 
archives, etc. (meaning facilities provided  for by public records management 
ordinance (meaning local government agency ordinance prescribing  the 
appropriate preservation and use of historical public records held by that 
local government agenc y or by a local incorporated administrative agenc y; 
the same applies hereinafter)  as facilities for the appropriate preservation 
and use of historical public records and archives; the same applies 
hereinafter) pursuant to Public Records Management Ordinance (unless the 
author of that work manifests an intention  to the contrary by the time of the 
decision to permit the use of the work under the provisions of public records 
management ordinance (limited to provisions equivalent to the provisions of 
Article 16, paragraph (1) of the Public Records Management Act; th e same 
applies hereinafter in this Article), this includes making available or 
presenting the work to the public by the head of the local archives, etc. 
(meaning the head of the local government agency to which the local archives, 
etc. belongs , if the local archives, etc. are the facility of a local government 
agency facility;  or the local incorporated administrative agency by which the 
local archives, etc. was established , if the local archives, etc. are the  facility 
of a local incorporated administrative agency; the same applies hereinafter), 
pursuant to the provisions of public records management ordinance ); 
 (iv) the author makes available  a work not yet made public to the National 
Archives of Japan, etc. (unless the author manifests an intention to the 
contrary by the time of the decision to permit the use of that work under the 
provisions of Article 16, paragraph (1) of the Public Records Management 
Act): making available or presenting the work to the public by the head of 
the National Archives of Japan , etc. pursuant to the provisions of Article 16, 
paragraph (1) of the Public Records Management Act ; 
 (v) the author makes available  a work not yet made public to the local 
archives, etc. (unless the author manifests an intention to the contrary by 
the tim e of the decision to permit the use of that work under the provisions 
of public records management ordinance ): making available or presenting the 
work to the public by the head of the local archives, etc. pursuant to the 
provisions of public records manage ment ordinance . 
 (4) The provisions of paragraph (1) do not apply in any of the following cases:  
(i) a work not yet made public in which information provided for in Article 5, 
item (i) , (b) or (c) or the proviso to Article 5, item (ii) of the Act on Access  to Administrative Organs' Information has been recorded is made available or 
presented to the public by the head of an administrative organ pursuant to 
the provisions of that Article, or a work not yet made public is made 
available or presented to the pub lic by the head of an administrative organ 
pursuant to the provisions of Article 7 of the Act on Access to Administrative 
Organs' Information;  
 (ii) a work not yet made public in which information provided for in Article 5, 
item (i) , (b) or (c) or the prov iso to Article 5, item (ii) of the Act on Access to 
Incorporated Administrative Agencies' Information has been recorded is 
made available or presented to the public by an incorporated administrative 
agency, etc. pursuant to the provisions of that Article, or a work not yet 
made public is made available or presented to the public by an incorporated 
administrative agency, etc. pursuant to the provisions of Article 7 of the Act 
on Access to Incorporated Administrative Agencies' Information;  
 (iii) a work not y et made public (limited to a work in which information 
equivalent to that provided for in Article 5, item (i) , (b) or the proviso to 
Article 5, item (ii) of the Act on Access to Administrative Organs' 
Information has been recorded) is made available or pre sented to the public 
by a local government agency or by a local incorporated administrative 
agency pursuant to the provisions of information disclosure ordinance 
(limited to those with provisions equivalent to Article 13, paragraphs (2) and 
(3) of the Act on Access to Administrative Organs' Information; the same 
applies in item (v));  
 (iv) a work not yet made public (limited to a work in which information 
equivalent to that provided for in Article 5, item (i) , (c) of the Act on Access 
to Administrative Orga ns' Information has been recorded) is made available 
or presented to the public by a local government agency or by a local 
incorporated administrative agency pursuant to the provisions of the 
Information Disclosure Regulations;  
 (v) a work not yet made pub lic is made available or presented to the public by 
a local government agency or by a local incorporated administrative agency 
pursuant to the provisions of information disclosure ordinance that are 
equivalent to the provisions of Article 7 of the Act on A ccess to 
Administrative Organs' Information;  
 (vi) a work not yet made public in which information provided for in Article 5, 
item (i) , (b) or (c) or the proviso to Article 5, item (ii) of the Act on Access to 
Administrative Organs' Information or informat ion provided for in Article 5, 
item (i) , (b) or (c) or the proviso to Article 5, item (ii) of the Act on Access to 
Incorporated Administrative Agencies' Information has been recorded is 
made available or presented to the public by the head of the National 
Archives of Japan, etc. pursuant to the provisions of Article 16, paragraph (1) the Public Records Management Act;  
 (vii) a work not yet made public (limited to a work in which information 
equivalent to that provided for in Article 5, item (i) , (b) or the proviso to 
Article 5, item (ii) of the Act on Access to Administrative Organs' 
Information has been recorded) is made available or presented to the public 
by the head of the local archives, etc. pursuant to the provisions of public 
records management ordinance (limited to ordinance with provisions 
equivalent to Article 18, paragraphs (2) and (4) of the Public Records 
Management Act);  
 (viii) a work not yet made public (limited to a work in which information 
equivalent to that provided for in Article 5, item  (i), (c) of the Act on Access 
to Administrative Organs' Information has been recorded) is made available 
or presented to the public by the head of the local archives, etc. pursuant to 
the provisions of public records management ordinance . 
 
 (Right of Attribution)  
Article 19 (1) The author of a work has the right to decide whether to use the 
author's true name or pseudonym to indicate the name of the author on the 
original work or in connection with the work at the time it is made available or 
presented to the public, or to decide that the author's name will not be 
indicated in connection with that work. The same applies with regard to how 
the name of the author of the original work appears at the time any derivative 
work derived from it is made available or  presented to the public.  
 (2) Unless the author has manifested a different intention, a person exploiting a 
work may indicate the name of the author in accordance with how the author 
has already done so in connection with the work.  
 (3) The name of the au thor may be omitted if it is found that doing so is unlikely 
to harm the interests of the author in a claim to authorship, in light of the 
purpose of the work and the circumstances of its exploitation, provided that 
the omission is compatible with fair pra ctices.  
 (4) The provisions of paragraph (1) do not apply in any of the following cases:  
 (i) the work is made available or presented to the public by the head of an 
administrative organ or by an incorporated administrative agency, etc., a 
local government  agency, or a local incorporated administrative agency 
pursuant to the provisions of the Act on Access to Administrative Organs' 
Information, the Act on Access to Incorporated Administrative Agencies' 
Information, or information disclosure ordinance , and t he name of the author 
is indicated in accordance with how the author has already done so on that 
work;  
 (ii) the work is made available or presented to the public by the head of an 
administrative organ or by an incorporated administrative agency, etc., a local government agency, or a local incorporated administrative agency 
pursuant to the provisions of Article 6, paragraph (2) of the Act on Access to 
Administrative Organs' Information, the provisions of Article 6, paragraph 
(2) of the Act on Access to Inco rporated Administrative Agencies' Information, 
or the provisions of information disclosure ordinance that are equivalent to 
the provisions of Article 6, paragraph (2) of the Act on Access to 
Administrative Organs' Information, and it is a case in which the  name of 
the author is to be omitted;  
 (iii) the work is made available or presented to the public by the head of the 
National Archives of Japan, etc. or the head of the local archives, etc. 
pursuant to the provisions of Article 16, paragraph (1) of the Pu blic Records 
Management Act or the provisions of public records management ordinance 
(limited to provisions equivalent to the relevant paragraph of the Public 
Records Management Act) and the name of the author is indicated in 
accordance with how the author  has already done so on that work.  
 
 (Right to Integrity)  
Article 20 (1) The author of a work has the right to preserve the integrity of that 
work and its title, and is not to be made to suffer any alteration, cut, or other 
modification thereto that is con trary to the author's intention.  
(2) The provisions of the preceding paragraph do not apply to the following 
modifications:  
 (i) the alteration of a written character or word, or any other modification 
made to a work when it is exploited pursuant to the pr ovisions of Article 33, 
paragraph (1) (including when these apply mutatis mutandis pursuant to 
paragraph (4) of that Article ), Article 33 -2, paragraph (1), Article 33 -3, 
paragraph (1), or Article 34, paragraph (1) , which is found to be unavoidable 
for the purpose of school education ; 
 (ii) the modification of an architectural work by means of extension, rebuilding, 
repair, or remodeling;  
 (iii) the necessary  modification s to make  it so that a work of computer 
programming that otherwise cannot be executed on  a particular computer 
can be executed  on that computer, or to make it so that  a work of computer 
programming can be executed more effectively on a computer;  
 (iv) a modification other than as set forth in the preceding three items, which 
is found to be un avoidable in light of the nature of the work and the purpose 
and circumstances of its exploitation.  
 
Subsection 3 Categories of Rights Comprising Copyright  
 
 (Right of Reproduction)  Article 21 The author of a work has the exclusive right to reproduce the w ork. 
 
 (Stage Performance Rights and Musical Performance Rights)  
Article 22 The author of a work has the exclusive right to give a stage 
performance or musical performance of the work with the purpose of having it 
seen or heard directly by the public (here inafter referred to as "publicly").  
 
 (Right of On-Screen Presentation)  
Article 22 -2 The author of a work has the exclusive right to publicly present a 
work via an on -screen presentation.  
 
 (Right to Transmit to the Public)  
Article 23 (1) The author of a w ork has the exclusive right to transmit to the 
public that work (this includes the right to make the work available for 
transmission, if the work is to be transmitted to the public via automatic 
public transmission).  
 (2) The author of a work that will be  transmitted to the public has the exclusive 
right to publicly communicate that work through a receiver.  
 
 (Recitation Rights)  
Article 24 The author of a literary work has the exclusive right to recite that 
work publicly.  
 
 (Exhibition Rights)  
Article 25 Th e author of an artistic work or of an unpublished photographic work 
has the exclusive right to publicly exhibit the original work.  
 
 (Distribution Rights)  
Article 26 (1) The author of a cinematographic work has the exclusive right to 
distribute copies of t hat cinematographic work.  
 (2) The author of a work that is reproduced in a cinematographic work has the 
exclusive right to distribute that work in copies of the cinematographic work.  
 
 (Right of Transfer)  
Article 26 -2 (1) The author of a work (except a ci nematographic work; the same 
applies hereinafter in this Article) has the exclusive right to make that work 
available to the public through the transfer of the original work or a copy of 
the work (if the work is one that has been reproduced in a cinematogr aphic 
work, this excludes making that work available to the public through the 
transfer of a copy of the cinematographic work; the same applies hereinafter in 
this Article).  (2) The provisions of the preceding paragraph do not apply if a work is made 
avail able to the public through the transfer of an original or copy that falls 
under a category provided for in one of the following items:  
 (i) an original work or a copy of a work that is transferred to the public by the 
person that owns the right provided fo r in the preceding paragraph or a 
person authorized thereby;  
 (ii) a copy of a work that is transferred to the public based on a compulsory 
license under the provisions of Article 67, paragraph (1) or Article 69, or a 
license under the provisions of Articl e 5, paragraph (1) of the Act on Special 
Provisions of the Copyright Act, Required in Consequence of the 
Enforcement of the Universal Copyright Convention (Act No. 86 of 1956);  
 (iii) a copy of a work that is transferred to the public based on the applicat ion 
of the provisions of Article 67 -2, paragraph (1);  
 (iv) an original work or a copy of a work that is transferred to exclusive groups 
made up of a few persons by the person that owns the right provided for in 
the preceding paragraph or by a person autho rized thereby;  
 (v) an original work or a copy of a work that is transferred abroad without 
prejudice to any right equivalent to the right set forth in the preceding 
paragraph, or that is transferred abroad by the person that owns any right 
equivalent to t he right set forth in that paragraph or a person authorized 
thereby.  
 
 (Right to Rent Out) 
Article 26 -3 The author of a work (except a cinematographic work)  has the 
exclusive right to make that work available to the public by renting out copies 
of the work  (if the work is one that has been reproduced in a cinematographic 
work, this excludes making that work available to the public by renting out 
copies of the cinematographic work).  
 
 (Translation Rights, Adaptation Rights,  and Other Rights ) 
Article 27 The a uthor of a work has the exclusive right to translate that work, 
compose a musical arrangement of it, reformulate it, dramatize it, make a 
cinematographic  adaptation of it, or otherwise adapt the work.  
 
 (Rights of the Original Author in Connection with the  Exploitation of a 
Derivative Work) 
Article 28 The author of the original work underlying a derivative work holds 
exclusive rights in the same categories as the rights prescribed in this 
Subsection that the author of the derivative work holds in connection  with the 
exploitation of that derivative work.  
 Subsection 4 Ownership of Copyright to Cinematographic Work s 
 
Article 29 (1) If the author of a cinematographic work (excluding a 
cinematographic work to which the provisions of Article 15, paragraph (1), the 
following paragraph , or paragraph (3) of this Article apply) has promised the 
producer of the cinematographic work that the author will participate in its 
production , the copyright to that cinematographic work belongs to the producer 
of the cinematograph ic work.  
 (2) Among the rights in the copyright to a cinematographic work (excluding a 
cinematographic work to which the provisions of Article 15, paragraph (1) 
apply) that a broadcaster produces solely as a practical means of broadcasting, 
the following r ights belong to that broadcaster as the producer of the 
cinematographic work:  
 (i) the right to broadcast the work, and the right to cablecast the broadcast 
work, transmit the broadcast work via automatic public transmission (this 
includes the automatic pu blic transmission of a broadcast work that is made 
available for transmission by the data for it being input to an automatic 
public transmission server that is connected to a public telecommunications 
network), and publicly communicate the broadcast work t hrough a receiver;  
(ii) the right to reproduce the work and to distribute copies of it to other 
broadcasters.  
 (3) Among the rights in the copyright to a cinematographic work (excluding a 
cinematographic work to which the provisions of Article 15, paragrap h (1) 
apply) that a cablecaster produces solely as a practical means of cablecasting, 
the following rights belong to the cablecaster as the producer of the 
cinematographic work:  
 (i) the right to cablecast the work and to publicly communicate the cablecast  
work through a receiver;  
 (ii) the right to reproduce the work and to distribute copies of it to other 
cablecasters.  
 
Subsection 5 Limitations of Copyright  
 
 (Reproduction for Private Use) 
Article 30 (1) Except in the following cases, a user may reproduce  a work that is 
subject to copyright (hereinafter in this Subsection referred to as a "work") if 
the reproduction is for personal or family use or for any other use of a similarly 
limited scope (hereinafter referred to as "private use"):  
 (i) a user reprod uces a work by means of an automated duplicator (meaning a 
device with a function for making reproductions, all or most of whose 
instruments for making the reproductions are automated) that has been set up for use by the public;  
 (ii) the reproduction of t he work has become possible due to the circumvention 
of technological protection measures (meaning that the removal or alteration  
of the signals provided for in Article 2, paragraph (1), item (xx) or any other 
action that interferes with the effect of the  signals (excluding any such 
action resulting from technological constraints accompanying the conversion 
of recording or transmission systems) or the restoration of sounds or images 
of a work, performance, phonogram or broadcast or cablecast which has been  
converted so as to necessitate  a specific  conversion as prescribed in that item   
makes it possible to take an action that the technological protection 
measures prevent or makes it so that a barrier no longer arises as a result of 
an action that the techno logical protection measures deter  (other than a  
restoration made based on the intentions of the person that owns the 
copyright , etc. ); the same applies in Article 113, paragraph (7) and Article 
120-2, items (i) and (ii)) or a barrier to reproduction of the  work no longer 
arises as a result of that circumvention, and the user reproduces the work in 
knowledge of this fact;  
 (iii) the work is received via an automatic public transmission that infringes a 
copyright (including an automatic public transmission th at is transmitted 
abroad and that would constitute copyright infringement if it were 
transmitted in Japan), and the user records the sounds or visuals of the work 
in digital format  (hereinafter referred to as "specified infringing sound or 
visual recording " in this item and the following paragraph) , in knowledge of 
the fact that the relevant action  constitutes the specified infringing sound or 
visual recording;  
(iv) the work is received via an automatic public transmission that infringes a 
copyright  (exclud ing the rights provided in Article 28 (limited to those for a 
derivative work created by a method other than translation); hereinafter the 
same applies in this item ) (including an automatic public transmission that 
is transmitted abroad and that would constitute copyright infringement  if it 
were transmitted in Japan) , and the user reproduces the work in digital 
format  (excluding sound and visual recording; hereinafter the same applies 
in this item ) (excluding reproduction that is minor in light of the perce ntage 
of the reproduced part in the work relevant to the copyright, the accuracy of 
indications made at the time the part is transmitted via automatic public 
transmission , and other elements; hereinafter in this item and the following 
paragraph  referred to  as "specified infringing reproduction "), in knowledge of 
the fact  that the relevant action constitutes the specified infringing 
reproduction  (excluding the case where there are special reasons for finding 
that the action would not unreasonably prejudice t he interests of the 
copyright owner in light of the nature or purpose of the work or the circumstances of the specified infringing reproduction ). 
(2) The provisions of items (iii) and (iv) of the preceding paragraph must not be 
interpreted as including the  case where a user undertakes the relevant action 
through gross negligence in not knowing the fact that the relevant action 
constitutes the specified infringing sound or visual recording or the specified 
infringing reproduction . 
(3) A person who, for priva te use, records the sound or visuals of a work in a 
digital format, on a digital sound or visual recording medium that is provided 
for by Cabinet Order, by means of a machine with digital sound or visual 
recording functions (excluding a machine with specia l performance capabilities 
for use in the broadcasting business or other special performance capabilities 
that are generally not offered for private use, and also excluding a telephone 
with a sound recording function or any other machine with sound or visu al 
recording functions incidental to its primary function) which is provided for by 
Cabinet Order must pay a reasonable amount of compensation to the copyright 
owner.  
 
 (Exploitation of Incidentally  Captured Works)  
Article 30 -2 (1) In the process of taking  photographs,  recording sounds or visuals , 
broadcasting, or otherwise reproducing images or sounds of objects  or 
communicating them without undertaking reproduction  (hereinafter in this 
paragraph, referred to as " act of reproducing or communicating "), any other 
work comprising  objects or sounds that are captured incidentally along with 
the objects or sounds captured during  the act of reproducing or communicating  
(hereinafter in this paragraph referred to as "objects or sound s captured for 
reproduction or co mmunication ") (those captured incidentally include the 
objects or sounds captured as constituting a part of the objects or sounds  
captured for reproduction or communication ; hereinafter in this paragraph 
referred to as "incidentally captured objects or sou nds") (but only another work 
that constitutes a minor part of the materials created or communicated by the 
act of reproducing or communicating (hereinafter in this Article referred to as 
"created or communicated materials "), in light of the percentage of the work in 
the created or communicated materials , the accuracy of its replication in the 
created or communicated materials , and other elements; hereinafter in this 
Article referred to as an "incidentally captured work")  may be exploited, in any 
way, in con nection with the act of reproducing or communicating, within the 
scope that is justified in light of the existence or nonexistence  of the intention 
of making profit through the exploitation of the incidentally captured work,  the 
degree  of difficulty in sep arating the incidentally captured objects or sounds 
from the objects or sounds captured for reproduction or communication, the 
role to be played by the incidentally captured work in the created or communicated materials , and other elements ; provided, howev er, that this does 
not apply if the action  would unreasonably prejudice the interests of the 
copyright owner in light of the nature or purpose of the incidentally captured 
work  or the circumstances of its exploitation . 
 (2) An incidentally captured work  exploited  pursuant to the provisions of the 
preceding paragraph may be exploited, in any way, in connection with the 
exploitation of the created or communicated materials  relevant to the 
incidentally captured work ; provided, however , that this does not apply  if the 
action  would unreasonably prejudice the interests of the copyright owner in 
light of the nature or purpose of the incidentally captured work  or the 
circumstances of its exploitation.  
 
 (Exploiting a Work as Part of the Investigation Process ) 
Articl e 30 -3 A person seeking to exploit a work with the authorization of its 
copyright owner or after obtaining a compulsory license under the provisions of 
Article 67, paragraph (1); Article 68, paragraph (1); or Article 69 may exploit 
that work, in any way an d to the extent considered necessary, if the purpose of 
doing so  is part of the process by which the person is  investigating  the 
exploitation of that work through authorization or a compulsory license 
(inclusive of the process for obtaining the authorizati on or compulsory license); 
provided, however , that this does not apply if the action  would unreasonably 
prejudice the interests of the copyright owner in light of the nature or purpose 
of the work or the circumstances of its exploitation . 
 
 (Exploitation without the Purpose of  Enjoying the Thoughts or Sentiments 
Expressed in a Work) 
Article 30 -4 It is permissible to exploit a work, in any way and to the extent 
considered necessary, in any of the following cases , or in any other case  in 
which it is not a per son's purpose  to personally enjoy or caus e another person 
to enjoy the thoughts or sentiments expressed in that work; provided, however , 
that this does not apply if the action  would unreasonably prejudice the 
interests of the copyright owner in light of th e nature or purpose of the work  or 
the circumstances of its exploitation:  
 (i) if it is done for use in testing to  develop  or put into practical use technolog y 
that is connected with the  recording of sounds or visuals of a work or other 
such exploitation;  
 (ii) if it is done for use in data analysis (meaning the extraction, comparison, 
classification, or other statistical analysis of the constituent  language, 
sound s, image s, or other element al data from  a large number of works or a 
large volume of other such data; the same applies in Article 47 -5, paragraph 
(1), item (ii));   (iii) if it is exploited  in the course of computer data processing or otherwise 
exploited in a way that does not involve what is expressed  in the work being 
perceived by the human sense s (for works of computer programming, such 
exploitation  excludes the execution of the work on a computer) , beyond as set 
forth in the preceding two items . 
 
 (Reproduction in Librar ies and  Similar Facilit ies; Related Matters ) 
Article 31 (1) In the following cases and as part of non -commercial undertakings 
at the National Diet Library or at a library or other facility specified by 
Cabinet Order whose purpose is to offer books, records, and other materials for 
the public to use (hereinafter referred to as a " library or similar facility " in this 
paragraph and paragraph (3)), it is permissible for a person to reproduce a 
work from a book, record, or other material of the library or similar facility  
(hereinafter referred to in this Article as a "library material"):  
 (i) when providing a single user of the library or similar facility  with a single 
copy of a part of a work that has been made public (or the whole of a work 
that has been made public, if it is an individual work that has been printed 
in a periodical and a considerable period of time has elapsed since its 
publication; the same applies in paragraph (3)) in response to the user's 
request and for the purpose of the user's research or studies;  
 (ii) when necessary for the purpose of preserving library material s; 
 (iii) when providing a copy of a library material that is difficult to obtain  
through normal trade channels because it is out of print or for a similar 
reason (hereinafter referred to as a "rare or out -of-print material " in this 
Article), in response t o a request from another library or similar facility . 
 (2) In addition to the cases set forth in the items of the preceding paragraph, if, 
either in order to prevent the loss, damage, or defacement of the original copy 
of a library material that the Nation al Diet Library offers to the public, or in 
order to use a work that is associated with  a rare or out -of-print material  in an  
automatic public transmission ( this includes  making such a work  available for 
transmission; the same applies in the following  para graph) pursuant to the 
provisions of the following  paragraph, an electronic or magnetic record 
(meaning a record used in computer data processing that is created in an 
electronic format, magnetic format, or other format that cannot be perceived 
with the hu man senses alone; the same applies hereinafter) is created at the 
National Diet Library so that it can be offered for public use in place of the 
original, it is permissible for a person to record a work that is among the 
library materials of the National D iet Library onto a recording medium, to the 
extent considered necessary.  
 (3) The National Diet Library may transmit a work  that is associated with a  
rare or out -of-print material  via automatic public transmission using a copy of that work that it has recorded onto a recording medium pursuant to the 
preceding paragraph , if the purpose of the transmission is to present the work 
to the public in a library or similar facility , or in a similar  foreign facilit y as  
designated by Cabinet Order. In such  a case, the library or similar facility  may, 
as part of  its non-commercial undertakings, create a partial copy of a work that 
is being transmitted  via automatic public transmission , in order to provide its 
users , upon request,  with one such copy per person  for use in  their  research or 
studies.  
 
 (Quotation)  
Article 32 (1) It is permissible to quote and thereby exploit a work that has been 
made public. In such a case, the work must be quoted consistent with fair 
practices and within a scope that is justified for the pu rpose of news report ing, 
critique, study, or other place in which the work is quoted.  
 (2) It is permissible for public relations materials, research or statistical 
materials, reports, and other similar works , which have been prepared by a 
national or loca l government agency, incorporated administrative agency, or 
local incorporated administrative agency with the goal of making them widely 
known to the general public, and have been made public under the authorship 
of such agency, to be reprinted as explanat ory materials in a newspaper, 
magazine, or other printed publication; provided, however, that this does not 
apply if it is expressly indicated that this is prohibited.  
 
 (Printing of Works in Textbooks)  
Article 33 (1) It is permissible to print a work that  has been made public in a 
textbook (meaning a textbook  provided for in Article 34, paragraph (1) of the 
School Education Act ( Act No. 26 of 1947 ) (including as applied mutatis 
mutandis pursuant to Article s 49; Article 49-8; Article 62; Article 70, 
paragra ph (1) ; and Article 82 of that Act ); the same applies hereinafter), to the 
extent that this is found to be necessary for the purpose of school education.  
 (2) A person that prints a work in a textbook pursuant to the provisions of the 
preceding paragraph m ust inform the author of this and pay compensation to 
the copyright owner in the amount calculated based on a method established 
by the Commissioner of the Agency for Cultural Affairs in consideration of the 
purport of the provisions of the preceding parag raph, the nature and purpose 
of the work, the ordinary rate of royalties, and other conditions.  
 (3) When the Commissioner of the Agency for Cultural Affairs has established 
the method referred to in the preceding paragraph, the commissioner 
announces this  using the internet or by any other appropriate method . 
 (4) The provisions of the preceding three paragraphs apply mutatis mutandis to 
the reproduction of works in textbooks intended for use in high school correspondence courses (including correspondence courses for the upper -class 
levels of a school for secondary education) and in the teachers' manuals for 
textbooks (limited to teachers' manuals published by the person publishing the 
textbooks).  
 
(Printing of Works in Alternative Teaching Materials for Te xtbooks ) 
Article 33 -2 (1) It is permissible to print a work that has been printed in a 
textbook in alternative teaching materials for textbooks (meaning teaching 
materials provided for in Article 34, paragraph (2) of the School Education Act 
that may be ex ploited pursuant to Article 34, paragraph (2) or (3)  of that Act  
(including cases where these provisions are applied mutatis mutandis 
pursuant to Articles 49 ; Article 49-8; Article 62; Article 70, paragraph (1) ; and 
Article 82 of that Act); hereinafter the same applies in this paragraph) ; 
hereinafter the same applies in this and the following paragraph ) and exploit 
that work in line with the exploitation of the alternative teaching materials for 
textbooks, irrespective of the manner in which that work is ex ploited, to the 
extent that this is found to be necessary for the purpose of school education.  
 (2) A person that prints a work that has been printed in a textbook in 
alternative teaching materials for textbooks pursuant to the provision of the 
preceding p aragraph must inform the person that publishes the relevant 
textbook of this in advance and pay compensation to the copyright owner in the 
amount calculated based on a method established by the Commissioner of the 
Agency for Cultural Affairs in considerati on of the purport of the provision of 
that paragraph, the circumstances of that work and how that work is exploited 
under that paragraph, the amount of compensation provided for in paragraph 
(2) of the preceding Article, and other conditions.  
 (3) When the  Commissioner of the Agency for Cultural Affairs has established 
the method referred to in the preceding paragraph, the commissioner 
announces this  using the internet or by any other appropriate method . 
 
 (Reproduction in Order to Prepare a Large-Print Textbook)  
Article 33 -3 (1) In order to make a work printed in a textbook available for the 
leaning purposes of children or students who have difficulty using such a work 
printed in a textbook  due to a visual impairment, developmental disorder, or 
other disabi lities, it is permissible to reproduce the work with enlarged letters, 
illustrations  and the like , or by any other means necessary for those children 
or students  to use that work . 
 (2) A person that seeks to prepare textbooks or any other copies in which w orks 
are reproduced pursuant to the provisions of the preceding paragraph 
(excluding copies in which the works are reproduced in Braille, and limited to 
copies in which all of or a considerable part of the works printed in the relevant textbook are reprodu ced; hereinafter in this paragraph referred to as 
a "large -print textbook, etc.") must inform the person that publishe s the 
relevant textbook of this in advance ; and, if the person distribute s the large -
print textbook s, etc.  commercially , the person must p ay the owners of the 
copyright s to the relevant works compensation in the amount calculated based 
on a method established by the Commissioner of the Agency for Cultural 
Affairs in proportion to the amount of compensation provided for in Article 33, 
paragra ph (2).  
 (3) When the Commissioner of the Agency for Cultural Affairs has established 
the calculation method  referred to in the preceding paragraph, the 
commissioner announces this  using the internet or by any other appropriate 
method . 
 (4) A person that p rovides electronic or magnetic records of the works printed in 
a textbook pursuant to the provisions of Article 5, paragraph (1) or (2) of the 
Act to Accelerate the Dissemination of School Textbooks for Children and 
Students with Disabilities (Act No. 81 o f 2008) may exploit those works, to the 
extent that is found to be necessary in order for the person to provide those 
electronic or magnetic records.  
 
 (Broadcasting of Educational Programming for Schools)  
Article 34 (1) It is permissible for a person to b roadcast or cablecast a work that 
has been made public, in broadcast or cablecast programming for schools that 
conforms to the curriculum standards provided for in laws and regulations on 
school education; or to receive the broadcast transmission of such p rogramming 
and simultaneously transmit it via automatic public transmission (this 
includes the automatic public transmission of programming that has been 
made available for transmission by the data for it being input to an automatic 
public transmission ser ver that is connected with a public telecommunications 
network) with the objective of allowing an exclusive audience within the 
service area that the programming is intended for (meaning a service area as 
provided in Article 91, paragraph (2), item (ii) of  the Broadcast Act (Act No. 
132 of 1950) or, if a service area is not specified for the broadcast, meaning a 
broadcast area as provided in Article 14, paragraph (3), item (ii) of the 
Wireless Telegraphy Act (Act No. 131 of 1950); the same applies hereinaft er) to 
receive it; and to print such a work in teaching materials for that broadcast 
programming or cablecast programming, to the extent that this is found to be 
necessary for the purpose of school education.  
 (2) A person that exploits a work pursuant to the provisions of the preceding 
paragraph must inform the author of this and pay the copyright owner a 
reasonable amount of compensation.  
  (Reproduction in Schools and Other Educational Institutions ; Related Matters ) 
Article 35 (1) A person in charge of t eaching or a person taking classes at a 
school or other educational institution (except one founded for commercial 
purposes) may reproduce a work that has been made public  or transmit that 
work to the public (including making that work available for transm ission, if it 
is to be transmitted to the public via automatic public transmission; 
hereinafter the same applies in this Article ), or publicly communicate a work 
that has been made public and is transmitted to the public  through a receiver  
to the extent th at is found to be necessary if the purpose of doing so is 
exploitation  in the course of those classes; provided, however , that this does 
not apply if the action  would unreasonably prejudice the interests of the 
copyright owner in light of the nature and purpose of the work, the number of 
copies  that would be made,  and the circumstances of its reproduction , public 
transmission, or transmi ssion . 
 (2) If a work is transmitted to the public pursuant to the provision of the 
preceding paragraph, a person that est ablishes an educational institution 
referred to in that paragraph must pay the copyright owner a reasonable 
amount of compensation.  
 (3) The provisions of the preceding paragraph do not apply if, in the course of 
the classes at an educational institution r eferred to in paragraph  (1), the 
original or copies of a work that has been made public are made available or 
presented to persons who directly attend a class and thus exploited, or if that 
work is exploited through a stage performance, musical performance , on-screen 
presentation, or recitation for those  persons pursuant to the provisions of 
Article 38, paragraph (1), and that work is transmitted  to the public  for any 
persons taking that class simultaneously at a place other than that where the 
class is bei ng held . 
 
 (Reproduction as Examination Questions ; Related Matters ) 
Article 36 (1) It is permissible to reproduce a work that has been made public as 
a question on an entrance examination or other examination or in an official 
certification of knowledge or  skills, to the extent that this is found to be 
necessary for such purpose, and to transmit to the public such a question 
(except in a broadcast or cablecast; however, it is permissible to make such a 
question available for transmission, if it is to be tra nsmitted to the public via 
automatic public transmission; the same applies in following  paragraph); 
provided, however, that this does not apply if the action  would unreasonably 
prejudice the interests of the copyright owner in light of the nature or purpos e 
of the work or the circumstances of its transmission.  
 (2) A person that reproduces a work or transmits a work to the public for 
commercial purposes must pay the copyright owner compensation in an amount that corresponds to the ordinary rate of royalties . 
 
 (Reproduction for Persons with Visual and Vision -Related Impairments ; Related 
Matters ) 
Article 37 (1) It is permissible to reproduce in Braille a work that has been made 
public.  
 (2) It is permissible to use a computerized Braille processing system to record a 
work that has been made public onto a recording medium or transmit to the 
public such a work (except in a broadcast or cablecast; however, it is 
permissible to make the work available for transmission, if it is to be 
transmitted to the public via automatic public transmission; the same applies 
in the following paragraph ). 
 (3) A person set forth by Cabinet Order that engages in an undertaking related 
to the welfare of persons for whom it is difficult to perceive  visual renderings 
due to a visual or  other impairment (hereinafter in this paragraph and in 
Article 102, paragraph (4) any such person is referred to as a "person with a 
visual or vision -related impairment") may reproduce a work that has been 
made public and that is made available or present ed to the public in a 
rendered form that is perceived visually (including a work that has been made 
public and that is made available or presented to the public in a form that is 
perceived both visually and through other senses) (including a work other tha n 
the work in question which is reproduced therein or which is made available or 
presented to the public in a body united with the former work; hereinafter in 
this paragraph and in Article 102, paragraph (4) referred to as a "visual work"), 
and may transmi t such a visual work to the public by changing texts in the 
visual work into sound s or in any other form that is necessary to allow the 
visual work to be used by persons with visual and vision -related impairments 
who have difficulty in using that visual wo rk in its visual form, within the 
limits that are found to be necessary in order to provide the visual work for 
their exclusive use; provided, however, that this does not apply if the visual 
work has already been made available or presented to the public i n such a form 
by the copyright owner, a person authorized thereby, a person in favor of whom 
the print rights set forth in Article 79 have been established, a person 
authorized thereby to reproduce the visual work, or a person authorized 
thereby to transmi t the visual work to the public.  
 
(Reproduction for Persons with Hearing Impairments ; Related Matters ) 
Article 37 -2 The person set forth by Cabinet Order for each type of exploitation 
set forth in the following items that engages in an undertaking related to the 
welfare of persons with hearing impairments and other persons whose 
perception of aural renderings is impaired (hereinafter in this Article and in paragraph (5) of following Article  referred to as "persons with hearing 
impairments, etc.") may exploi t a work that has been made public and that is 
made available or presented to the public in a rendered form that is perceived 
aurally (including a work that has been made public and that is made available 
or presented to the public in a form that is percei ved aurally and through other 
senses) (including a work other than the work in question which is reproduced 
therein, or which is made available or presented to the public in a body united 
with the former work; hereinafter in this Article referred to as an "aural work"), 
in the way set forth in the relevant item, within the limits that are found to be 
necessary in order to provide the aural work for exclusive use by persons with 
hearing impairments, etc. who have difficulty in using that aural work in its 
aural form; provided, however, that this does not apply if the aural work has 
already been made available or presented to the public in the necessary form 
for persons with hearing impairments, etc. to be able to use it, by the copyright 
owner, a person autho rized thereby, a person in favor of whom the print rights 
set forth in Article 79 have been established, a person authorized thereby to 
reproduce the visual work, or a person authorized thereby to transmit the 
visual work to the public:  
 (i) reproducing a n aural work or transmitting it via automatic public 
transmission (this includes making it available for transmission) by 
changing sounds in the aural work into texts or in any other form that is 
necessary to allow the work to be used by persons with hearin g impairments, 
etc.; 
 (ii) reproducing an aural work solely for the purpose of renting it to persons 
with hearing impairments, etc. (limited to when this is done in conjunction 
with the reproduction of the sounds in the aural work by changing the 
sounds into texts or in any other form that is necessary to allow the aural 
work to be used by persons with hearing impairments, etc.).  
 
 (Stage Performances for Non-Commercial Purposes)  
Article 38 (1) It is permissible to publicly give a stage performance or a mus ical 
performance, make an on -screen presentation, or give a recitation of a work 
that has been made public, if this is done for non -commercial purposes and 
without charging a fee to the listening or viewing audience (a fee meaning 
anything of value receive d in exchange for making available  or presenting the 
work to the public, regardless of what it is called; the same applies hereinafter 
in this Article); provided, however, that this does not apply if a performer or 
reciter is paid any remuneration for the stage performance, musical 
performance, on -screen presentation, or recitation.  
 (2) It is permissible to cablecast a broadcast work or to transmit such a work via 
automatic public transmission (this includes the automatic public transmission of a broadcast  work that is made available for transmission by the data for it 
being input to an automatic public transmission server that is connected with a 
public telecommunications network) for non -commercial purposes and without 
charging a fee to the listening or v iewing audience, with the objective of 
allowing an exclusive audience within the service area that the broadcast is 
intended for to receive that broadcast.  
 (3) It is permissible to publicly communicate a broadcast or cablecast work 
(including a broadcast work that is transmitted via automatic public 
transmission) through a receiver for non -commercial purposes and without 
charging a fee to the listening or viewing audience. The same applies if the 
work is communicated publicly through a receiver commonly us ed in a 
household . 
 (4) It is permissible to make available to the public  a work that has been made 
public (except a cinematographic work) by renting out copies of that work (if 
the work is one that has been reproduced in a cinematographic work, this 
exclu des making that work available to the public by renting out copies of the 
cinematographic work), if this is done for non -commercial purposes and 
without charging a fee to persons renting copies of the work.  
 (5) An audiovisual education facility or any oth er facility (excluding one set in 
place for commercial purposes), designated by Cabinet Order, that aims to offer 
cinematographic films and other audiovisual materials for public use, or a 
person , provided for by Cabinet Order as referred to in the precedi ng Article , 
that is engaged in an undertaking related to the welfare of persons with 
hearing impairments, etc. (limited to a person concerned with item (ii) of that 
Article, and excluding a person that engages in that undertaking for 
commercial purposes) m ay distribute a cinematographic work that has been 
made public, by renting out copies of it, if it does so without charging a fee to 
the persons renting copies of the work. In this  case, the person distributing the 
work must pay a reasonable amount of comp ensation to the owner of the right 
set forth in Article 26 (including paying such compensation to the person that, 
pursuant to the provisions of Article 28, owns the same right to the relevant 
work as the right set forth in Article 26) for the cinematograp hic work or the 
work reproduced in that cinematographic work.  
 
 (Reprinting of Editorial Commentary on Current Affairs ) 
Article 39 (1) It is permissible for a person to reprint, in another newspaper or 
magazine, editorial commentary (excluding that of an a cademic nature) on 
political, economic, or social current affairs that has been printed and 
published in a newspaper or magazine ; or to broadcast or cablecast such 
commentary, or to receive the broadcast transmission of such commentary and 
simultaneously t ransmit it via automatic public transmission (this includes the automatic public transmission of a broadcast that is made available for 
transmission by the data for it being input to an automatic public transmission 
server that is connected with a public t elecommunications network) with the 
objective of allowing an exclusive audience within the service area that the 
broadcast is intended for to receive it; provided, however , that this does not 
apply if it is expressly indicated that such use is prohibited.  
 (2) It is permissible to publicly communicate commentary that is broadcast, 
cablecast, or transmitted via automatic public transmission , pursuant to the 
provisions of the preceding paragraph, through a receiver.  
 
 (Exploitation of Political Speeches)  
Article 40 (1) It is permissible to exploit a political speech or statement delivered 
in public or a public statement given in the course of judicial proceedings 
(including one given in the course of a hearing by an administrative agency or 
other proceedings e quivalent to a trial; the same applies in Article 42, 
paragraph (1)), in any way, except for by making a compilation of speeches or 
statements by the same author.  
 (2) If it is found to be justified for the purpose of news report ing, it is 
permissible for a person to print a speech or statement that has been delivered 
in public by a national or local government agency, incorporated 
administrative agency, or local incorporated administrative agency , other than 
one under the provisions of the preceding paragr aph, in a newspaper or 
magazine ; or to broadcast or cablecast such a speech or statement, or to receive 
the broadcast transmission of such a speech or statement and simultaneously 
transmit it via automatic public transmission (this includes the automatic 
public transmission of a broadcast that is made available for transmission by 
the data for it being input to an automatic public transmission server that is 
connected with a public telecommunications network) with the objective of 
allowing an exclusive audi ence within the service area that the broadcast is 
intended for to receive it.  
 (3) It is permissible to publicly communicate a speech or statement that is 
broadcast, cablecast, or transmitted via automatic public transmission 
pursuant to the provisions of  the preceding paragraph, through a receiver.  
 
 (Reporting of Current Events)  
Article 41 If current events are reported in the news by means of photography, 
cinematography, broadcasting, or other means, it is permissible to reproduce a 
work that comprises the event or is seen or heard in the course of the event , 
and to exploit  it in line with the reporting of that event,  within a scope that is 
justified for the purpose of news report ing. 
  (Reproduction for Judicial Proceedings)  
Article 42 (1) It is permiss ible to reproduce a work if and to the extent that this 
is found to be necessary for judicial proceedings or for internal use by a 
legislative or administrative organ; provided, however, that this does not apply 
if the action  would unreasonably prejudice t he interests of the copyright owner 
in light of the nature or purpose of the work , the number of copies that would 
be made, or the circumstances of its reproduction.  
 (2) The provisions of the preceding paragraph also apply if the reproduction of a 
work is  found to be necessary for the following proceedings:  
 (i) proceedings involved in a patent, industrial design, or trademark 
examination, the technical valuation of a utility model, or an international 
examination or preliminary examination for an internat ional application 
(meaning international applications provided for in Article 2 of the Act on 
International Applications, etc. under the Patent Cooperation Treaty (Act No. 
30 of 1978) by an administrative agency;  
 (ii) proceedings regarding an administrati ve agency's examination of a variety 
(meaning the variety as provided in Article 2, paragraph (2) of the Plant 
Variety Protection and Seed Act (Act No. 83 of 1998)) or examination of a 
registered variety (meaning the registered variety as provided in Artic le 20, 
paragraph (1) of the same Act);  
 (iii) proceedings regarding an administrative agency's registration of specific 
agricultural, forestry and fishery products and foodstuffs (meaning specific 
agricultural, forestry and fishery products and foodstuffs as provided in 
Article 2, paragraph (2) of the Act on Protection of Names of Specific 
Agricultural, Forestry and Fishery Products and Foodstuffs (Act No. 84 of 
2014) ; hereinafter the same applies in this item) under Article 6 of the same 
Act or designation  of specific agricultural, forestry and fishery products of 
foreign countries under Article 23, paragraph (1) of the same Act;  
 (iv) proceedings regarding an administrative agency's or incorporated 
administrative agency's examination or investigation of ph armaceutical 
affairs (the pharmaceutical affairs include particulars of medical equipment 
(meaning medical equipment as provided in Article 2, paragraph (4) of the 
Act on Securing Quality, Efficacy and Safety of Products Including 
Pharmaceuticals and Medic al Devices (Act No. 145 of 1960)) and 
regenerative medicine products (meaning regenerative medicine products as 
provided in Article 2, paragraph (9) of the same Act); the same applies 
hereinafter in this item), or proceedings regarding a report about 
pharm aceutical affairs submitted to an administrative agency or 
incorporated administrative agency : 
 (v) beyond what is set forth in the preceding items, proceedings that Cabinet 
Order prescribes as being similar thereto.   
 (Exploitation for Disclosure Pursuant  to the Act on Access to Administrative 
Organs' Information  and Other Provisions ) 
Article 42 -2 The head of an administrative organ or an incorporated 
administrative agency, etc., local government agency, or local incorporated 
administrative agency may expl oit a work in order to make available  or 
present th at work to the public, to the extent that this is found to be necessary 
for disclosing the work by each of the means provided for in Article 14, 
paragraph (1) of the Act on Access to Administrative Organs'  Information 
(including the provisions of Cabinet Order based on the provisions of that 
paragraph), Article 15, paragraph (1) of the Act on Access to Incorporated 
Administrative Agencies' Information (including means decided by the relevant 
incorporated ad ministrative agency, etc. based on the provisions of that 
paragraph (excluding anything other than the means provided for by Cabinet 
Order based on the provisions of Article 14, paragraph (1) of the Act on Access 
to Administrative Organs' Information)), or  information disclosure ordinance 
(excluding anything other than the means set forth in Article 14, paragraph (1) 
of the Act on Access to Administrative Organs' Information (including the 
provisions of Cabinet Order based on the provisions of that paragrap h)). 
 
 (Exploitation for Preservation Pursuant to the Public Records Management Act  
and Other Provisions ) 
Article 42 -3 (1) The head of the National Archives of Japan, etc. or the head of 
the local archives, etc. may reproduce a work associated with the historical 
public records and archives to the extent that is found to be necessary , if the 
purpose of doing so is  to preserve the historical public records and archives 
pursuant to the provisions of Article 15, paragraph (1) of the Public Records 
Management A ct or the provisions of public records management ordinance 
(limited to provisions equivalent to the relevant paragraph of the Public 
Records Management Act).  
 (2) The head of the National Archives of Japan, etc. or the head of the local 
archives, etc. may  exploit a work to the extent that this is found to be 
necessary in order to allow the work to be exploited  by each of the means 
provided for in Article 19 of the Public Records Management Act ( this includes 
any provisions of Cabinet Order  that are  based o n the provisions of that 
Article; the same applies hereinafter in this paragraph) or public records 
management ordinance (excluding anything not constituting a  means set forth 
in the relevant Article of the Public Records Management Act) , if the purpose 
of doing so is  to make it available or present it to the public pursuant to the 
provisions of Article 16, paragraph (1) of the Public Records Management Act 
or the provisions of public records management ordinance (limited to provisions equivalent to Article  16, paragraph (1) of the Public Records 
Management Act) . 
 
 (Reproduction for Collecting Internet Materials and Online Materials under the 
National Diet Library Act)  
Article 43 (1) The Director General of the National Diet Library may record a 
work that is  included in the Internet materials set forth in Article 25 -3, 
paragraph (1) of the National Diet Library Act (Act No. 5 of 1948) (hereinafter 
in this Article referred to as "Internet materials") or the online materials set 
forth in Article 25 -4, paragraph  (3) of that Act onto a recording medium used 
by the National Diet Library, to the extent that this is found to be necessary 
for collecting such Internet materials or online materials pursuant to the 
provisions of those paragraphs.  
 (2) The following perso ns may reproduce works associated with  the materials set 
forth in the following items, to the extent that is considered to be necessary in 
order for that person to make  those  materials  available : 
 (i) a person provided for in Article 24 or 24-2 of the Nati onal Diet Library Act: 
Internet materials that the person  makes available in response to a request 
referred to in  Article 25 -3, paragraph (3) of that Act;  
 (ii) a person that does not fall under Article 24 or 24 -2 of the National Diet 
Library Act: online m aterials set forth in Article 25 -4, paragraph (1) of that 
Act that the person makes available  pursuant to the provisions of that 
paragraph . 
 
 (Ephemeral Fixation by a Broadcaster or Cablecaster ) 
Article 44 (1) A broadcaster may make an ephemeral sound or v isual recording of 
a work that the broadcaster is permitted to broadcast without prejudice to the 
right set forth in Article 23, paragraph (1), for its own broadcasts by means of 
its own facilities or those of another broadcaster that is permitted to broad cast 
the same work.  
 (2) A cablecaster may make an ephemeral sound or visual recording of a work 
that the cablecaster is permitted to cablecast without prejudice to the right set 
forth in Article 23, paragraph (1), for its own cablecasts (except a cablecas t it 
transmits based on the receipt of a broadcast) by means of its own facilities.  
 (3) It is not permissible to preserve a sound or visual recording made pursuant 
to the provisions of the preceding two paragraphs for a period exceeding six 
months after t he recording (or six months after the broadcast or cablecast, if 
the recording is broadcast or cablecast within the period of six months after the 
recording); provided, however, that this does not apply if a recording is 
preserved in official archives specified by Cabinet Order.  
  (Exhibition of an Artistic Work by the Owner of the Original)  
Article 45 (1) The owner of the original copy of an artistic work or photographic 
work or a person authorized thereby may publicly exhibit that work.  
 (2) The provision s of the preceding paragraph do not apply if the original copy of 
an artistic work is permanently installed on a street, at a park, or in any other 
outdoor location accessible to the public, or on the outer wall of a building or 
other place easily seen by the public.  
 
(Exploitation of an Artistic work on Public Display)  
Article 46 It is permissible to exploit an artistic work the original copy of which 
is permanently installed in an outdoor location as provided for in paragraph (2) 
of the preceding Article or an architectural work, in any way whatsoever 
except the following:  
 (i) producing additional copies of a sculpture or making those additional copies 
of the sculpture available to the public by transferring them;  
 (ii) reproducing an architectural work b y means of construction, or making  
copies of an architectural work so reproduced available to the public by 
transferring them;  
 (iii) reproducing a work in order to permanently install it in an outdoor 
location as provided for in paragraph (2) of the prece ding Article;  
 (iv) reproducing an artistic work for the purpose of selling copies of it, or 
selling those  copies.  
 
(Reproduction in Connection with the Exhibition of an Artistic Work; Related 
Matters ) 
Article 47 (1) A person that, without prejudice to the  right provided for in Article 
25, publicly exhibits the original copy of an artistic work or photographic work 
(hereinafter in this Article such a person is referred to as the "person 
exhibiting the original  copy of a work ", and hereinafter in this Articl e and 
Article 47 -6, paragraph (2), item (i) such a work is referred to as an "exhibited 
work"), may print the exhibited work in pamphlets for the purpose of 
explaining or introducing the exhibited work to persons viewing it ; and may  
reproduce that exhibite d work to the extent necessary to present it via an on -
screen presentation or to transmit  an automatic public transmission ( this 
includes  making it available for transmission; the same applies in Article 47 -6, 
paragraph (2), item (i)) about it pursuant to the provisions of the following 
paragraph ; provided, however , that this does not apply if the action would 
unreasonably prejudice the interests of the copyright owner in light of the 
nature or purpose of the exhibited work , the number of copies  that would be 
made,  or the circumstances of its reproduction.   (2) For the purpose of explaining or introducing an exhibited work to persons 
viewing it and to the extent considered to be  necessary,  the person exhibiting 
the original copy of a work  may present the exh ibited work via an on -screen 
presentation or transmit  an automatic public transmission about that  
exhibited work; provided, however , that this does not apply if the action would 
unreasonably prejudice the interests of the copyright owner in light of the 
nature or purpose of the exhibited work  or the circumstances of its on -screen 
presentation or automatic public transmission.  
 (3) To the extent considered to be  necessary in order to provide information to 
the public concerning  the location of a n exhibited w ork, the person exhibiting 
the original copy of a work or a person designated by Cabinet Order  as 
equivalent thereto  may reproduce that exhibited work or make a transmission 
to the public about it (this includes  making the relevant work available for 
trans mission, if it is to be transmitted to the public  via an automatic public 
transmission); provided, however , that this does not apply if the action  would 
unreasonably prejudice the interests of the copyright owner in light of the 
nature or purpose of the exhibited work  or the circumstances of its 
reproduction or public transmission.  
 
 (Reproduction in Connection with an Offer to Transfer an Artistic Work; Related 
Matters ) 
Article 47 -2 If, without prejudice to the rights set forth in Article 26 -2, paragraph 
(1) and Article 26 -3, the owner of the original or a copy of an artistic work or 
photographic work or any other person with the authority to transfer or rent 
out the original or a copy thereof seeks to transfer or rent out the original or 
copy of the work, the person with that authority or a person commissioned 
thereby may, for use in making the offer to transfer or rent out the original or 
copy of the work, reproduce or transmit to the public the work (and may make 
the work available for transmission, if it  is to be transmitted to the public via 
automatic public transmission) (but the person may do so only if that person 
takes measures to prevent or deter the copy that is made when the work is 
reproduced for the offer, from being used to reproduce the work; measures to 
prevent or deter a person from reproducing the work after receiving it in a 
transmission to the public; or any other measure designated by Cabinet Order 
as one that stops the interests of the copyright owner from being unfairly 
prejudiced).  
 
 (Reproduction by the Owner of a Copy of a Work of Computer Programming ; 
Related Matters ) 
Article 47 -3 (1) The owner of a copy of a work of computer programming may 
reproduce that work to the extent that this is found to be necessary in order for the person to execute the work on that person's own computer; provided, 
however, that this is not the case when the provisions of Article 113, 
paragraph ( 5) apply to the use that is made of such copies in connection with 
its execution.  
 (2) After the owner of a copy referred to in the preceding paragraph (including 
copies made pursuant to the provisions of that paragraph) ceases to own one of 
the copies of the work for reasons other than the destruction thereof, the owner 
may not preserve other copies of the work if t he copyright owner has not 
specifically manifested the intention to permit this.  
 
 (Exploitation of Works Incidental to  the Exploitation of Works on a Computer)  
Article 47 -4 (1) A person may exploit a w ork that is made available  to be 
exploited on a comput er (this is inclusive of  exploitation using information and 
communication  technologies; the same applies hereinafter in this Article) , in 
any way and to the extent considered to be  necessary , in one of the following  
cases or in  any similar case  in which th e purpose is to make that work  
available to be exploited incidentally  on a computer  so that the relevant work 
can be  smoothly or efficiently exploit ed on that  computer; provided, however , 
that this does not apply if the action  would unreasonably prejudice the 
interests of the copyright owner in light of the nature or purpose of the work or 
the circumstances of its exploitation : 
 (i) if the person is exploiting a work on a computer using a copy of that work 
or is exploiting a work transmitted as a  wireless c ommunications or wired 
telecommunications  after having received such a transmission , and if, in the 
course of the data processing that the computer does in order for that work 
to be exploited, the person records the work on the recording medium of that 
computer so that it can  smoothly and efficiently perform that data 
processing;  
 (ii) if a person that, in the course of trade, makes available an automatic 
public transmission server for another person to use for automatic public 
transmissions records a work that has been made available for automatic 
public transmission on a recording medium in order to prevent delays or 
failures of that other person's automatic public transmissions or in order to 
efficiently transmit a work that has been made available for tr ansmissions 
so as  to relay automatic public transmissions of that work;  
 (iii) if the person is providing data by a means that applies information or 
communication technologies, and records a  work on a recording medium  or 
adapts it  in order to undertake the computer ized data processing that is  
necessary to prepare to provide that data  smooth ly and efficient ly. 
 (2) A person may exploit a w ork that is made available  to be exploited on a 
computer , in any way and to the extent considered to be necessary , in one of the following cases or in any similar case in which the purpose is to maintain 
or recover the possibility of exploiting a  work on that computer; provided, 
however , that this does not apply if the action  would unreasonably prejudice 
the interests of th e copyright owner in light of the nature or purpose of the 
work or the circumstances of its exploitation : 
 (i) if, in order to  perform maintenance or repair s on a device that has a  
recording medium  built into it , the person temporarily records a work that 
has been recorded on the recording medium  that has been built in to that 
device  (hereinafter in this item and the following item referred to as a "built -
in recording medium") on a recording medium other than the built -in 
recording medium, and then re -recor ds that work  onto the built -in recording 
medium after the maintenance or repair s; 
 (ii) if, in order to  replace  a device that has a  recording medium built into it 
with another device with the same functions, the person temporarily record s 
a work that has b een recorded on to that device's built -in recording medium 
onto a recording medium other than that built -in recording medium, and 
then record s that work on the built -in recording medium of the device with 
same functions ; 
 (iii) i f a person that, in the cour se of trade, makes available an automatic 
public transmission server for another person to use for automatic public 
transmissions records a work on a recording medium for use in recovery in 
the event that  the copy of the work that has been made available f or 
automatic public transmission by that automatic public transmission server  
is lost or damaged . 
 
(Minor Exploitation Incidental to Computerized  Data Processing and the 
Provision of the Results  Thereof ) 
Article 47 -5 (1) A person undertaking an action as  set forth in one of the 
following items that contribute s to facilitating the exploitation of a  work by 
creating new knowledge or information through computerized data processing 
(this includes a  person  undertaking  a part of such  an action; limited to one do ing 
so in accordance with the standards prescribed by  Cabinet Order) may  exploit a 
work  that has been made available  or presented to the public ( this includes a 
work  that has been  made available for transmission; the same applies 
hereinafter ) (hereinafter in this Article and Article 47 -6, paragraph (2), item (ii) 
referred to as a "available or presented work ") (limited to a publicized work or a 
work made available for transmission) , in any way and to the extent considered 
to be  necessary  in light of the pur pose of the action set forth in the relevant item, 
when exploiting it incidental to the undertaking of that action (limited to  
exploitation  that is  minor in light of the percentage it constitutes of the part of 
the available or presented work that has been  provided for exploitation, the volume of the part of that work that has been provided for exploitation, the 
accuracy of indications made at the time it was provided for exploitation, and 
other elements; hereinafter in this Article referred to as "minor ex ploitation"); 
provided, however , that this does not apply if the person undertakes that  minor 
exploitation knowing that the making available or  presentation  of the works  to 
the public  constitutes copyright infringement (for a work made available or 
presen ted to the public abroad, this means that the action  would constitute 
copyright infringement if it took place in Japan ); nor does this apply  if the action  
would otherwise unreasonably prejudice the interests of the copyright owner in 
light of the nature or purpose of the available or presented work  or the 
circumstances of its minor exploitation:  
 (i) using a computer to search for the title or author  name  of a work in which  
information that a person is search ing for (hereinafter in this item referred 
to as "information  being searched for ") has been recorded , for the transmitter 
identification code (meaning the letters, numbers, symbols, or any other code 
by which the transmitter of an automatic public transmission is identified ; 
the same applies in Article 1 13, paragraphs (2) and (4) ) associated with  
information being searched for  that has been made available for 
transmission, or for any other information concerning the identification or 
location of information being searched  for; and making  the results of th at 
search available ; 
 (ii) undertaking  computerized data analys is and furnish ing the results of that 
analys is; 
 (iii) an action that Cabinet Order prescribes as  contribut ing to increased  
convenience in the  lives of the citizenry by creating new knowledge o r 
information through computerized data processing and making the  results  of 
this available , beyond what is set forth in the preceding two items . 
 (2) A person that prepares to undertake an action  set forth in one of the items of 
the preceding paragraph (l imited to a person  who collect s, organize s, and 
provide s information in preparation to undertake the  action in accordance with 
the standards prescribed by Cabinet Order ) may reproduce  or make public 
transmissions of an available or presented work (or make the relevant work 
available for transmission, if such transmission is being made via an automatic 
public transmission; the same applies in this paragraph and Article 47 -6, 
paragraph (2), item (ii)) or distribute copies  thereof, to the extent considered to 
be necessary in order to prepare for minor exploitation under the preceding 
paragraph ; provided, however , that this does not apply if the action  would 
otherwise unreasonably prejudice the interests of the copyright owner in light 
of the nature or purpose o f the available or presented work , the number of 
copies that would be reproduced or distributed, or the circumstances of the 
reproduction, public transmission , or distribution.   
 (Exploitation by Means of Translation, Adaptation, or the Like) 
Article 47 -6 (1) If it is permissible to exploit a work pursuant to the provisions 
set forth in one of the following items, it is also permissible to exploit that 
work in accordance with  those  provisions by the means set forth in that item:  
 (i) Article 30, paragraph ( 1); Article 33, paragraph (1) (including as applied 
mutatis mutandis pursuant to paragraph (4) of Article 33); Article 34, 
paragraph (1); and Article 35: translation, musical arrangement, 
reformulation, or adaptation;  
 (ii) Article 31, paragraph (1), item (i) or the second sentence of paragraph (3); 
Article 32; Article 36, paragraph (1); Article 37, paragraph (1) or (2); Article 
39, paragraph (1); Article 40, paragraph (2); Article 41; or Article 42: 
translation;  
 (iii) Article 33 -2, paragraph (1) , Article 33-3, paragraph (1),  or Article 47: 
reformulation or adaptation;  
 (iv) Article 37, paragraph (3): translation, reformulation, or adaptation ; 
 (v) Article 37 -2: translation or adaptation ; 
 (vi) Article 47 -3, paragraph (1): adaptation.  
 (2) If, pursuant to one of the items set forth in the preceding paragraph ( or the 
provisions prescribed in  one of the following items , as regards a  derivative 
work as set forth in that item; the same applies in this paragraph and Article 
48, paragraph (3), item (ii)) , it is pe rmissible to exploit the original work 
underlying a  derivative work that has been  created pursuant to the preceding 
paragraph , the derivative work is deemed to constitute a  work provided for  in 
the provisions set forth in the relevant  of the items of the p receding paragraph 
in terms of the relationship with the author of the original work or other 
person that has the rights provided in Article 28 with respect to the 
exploitation of the derivative work, and it is permissible for a person to exploit 
that derivative work based on the provisions set forth  in the  relevant  item:  
 (i) a derivative work created pursuant to the preceding paragraph in a case in 
which it is permissible, pursuant to  the provisions of Article 47, paragraph 
(1), to reproduce an exhibited work in order to undertake an  on-screen 
presentation or automatic public transmission of that exhibited work under  
Article 47, paragraph (2): Article 47, paragraph (2);  
 (ii) a derivative work created pursuant to the preceding paragraph in a case in 
which,  pursuant to  paragraph (2) of the preceding Article , it is permissible to 
undertake the  reproduction  or automatic public transmission  of an available 
or presented work  or the distribution of cop ies thereof : Article 47 -5, 
paragraph (1).  
 
 (Transfer of Copies Made Pursuant to Restrictions on the Right of Reproduction)  Article 47 -7 A work that may be reproduced pursuant to the provisions of Article 
30-2, paragraph (2); Article 30 -3; Article 30 -4; Article 31, paragraph (1) 
(limited to the part concerned with it em (i); the same applies hereinafter in 
this Article) or the second sentence of paragraph (3); Article 32; Article 33, 
paragraph (1) (including when application mutatis mutandis is provided for 
under the provisions of paragraph (4) of that Article ); Articl e 33 -2, paragraph 
(1), Article 33 -3, paragraph (1)  or (4); Article 34, paragraph (1); Article 35, 
paragraph (1); Article 36, paragraph (1); Article 37; Article 37 -2 (except item 
(ii); the same applies hereinafter in this Article); Article 39, paragraph (1) ; 
Article 40, paragraph (1) or (2); Articles 41 through 42 -2; Article 42 -3, 
paragraph (2); Articles 46; Article 47, paragraph (1) or (3); Article 47 -2; Article 
47-4 or 47 -5, is also permitted to be made available to the public through the 
transfer of a cop y of that work that is made based on the application of those 
provisions (excluding copies of a cinematographic work in a case under the 
provisions of Article 31, paragraph (1) or the second sentence of paragraph (3); 
Article 36, paragraph (1); or Article 42 (if the work is one that has been 
reproduced in a cinematographic work, this exclusion also applies to copies of 
the relevant cinematographic work; the same applies hereinafter in this 
Article)); provided however, that this does not apply if the copy of  that work 
that is made based on the application of the provisions of Article 30 -3; Article 
31, paragraph (1) or the second sentence of paragraph (3); Article 33 -2, 
paragraph (1) , Article 33 -3, paragraph (1)  or (4); Article 35, paragraph (1); 
Article 37, p aragraph (3); Article 37 -2; Articles 41 through 42 -2; Article 42 -3, 
paragraph (2); Article 47, paragraph (1) or (3); Article 47 -2; Article 47 -4 or 47 -5 
is transferred to the public for a purpose other than what is provided for in 
Article 31, paragraph (1) or the provision stated in the second sentence of 
paragraph (3); Article 33 -2, paragraph (1) , Article 33 -3, paragraph (1)  or (4); 
Article 35, paragraph (1); Article 37, paragraph (3); Article 37 -2; Articles 41 
through 42 -2; Article 42 -3, paragraph (2); Art icle 47, paragraph (1) or (3); 
Article 47 -2; Article 47 -4 or 47 -5, or if a person transfers  to the public  a copy of 
that work that has been  made based on the application of the provisions of 
Article 30 -4 with the purpose of personally enjoying or causing a nother person 
to enjoy the thoughts or sentiments expressed in the work (excluding a copy of 
a cinematographic work in a case under the provisions of Article 31, paragraph 
(1) or the second sentence of paragraph (3); or Article 42).  
 
 (Indication of Source ) 
Article 48 (1) In a case set forth in one of the following items, the source of the 
work must be clearly indicated in the manner and to the extent considered 
reasonable, commensurate with the circumstances of its reproduction or 
exploitation:   (i) a work  is reproduced pursuant to the provisions of Article 32; Article 33, 
paragraph (1) (including when application mutatis mutandis is provided for 
pursuant to the provisions of paragraph (4) of that Article ); Article 33 -2, 
paragraph (1); Article 33 -3, paragra ph (1) ; Article 37, paragraph (1); or 
Article 42 or Article 47, paragraph (1);  
 (ii) a work is exploited pursuant to the provisions of Article 34, paragraph (1); 
Article 37, paragraph (3); Article 37 -2; Article 39, paragraph (1); Article 40, 
paragraph (1) or (2); Article 47, paragraph (2) or (3); or Article 47 -2; 
 (iii) a work is exploited other than by its reproduction pursuant to the 
provisions of Article 32 or is exploited pursuant to the provisions of Article 
35,paragraph (1) ; Article 36, paragraph (1);  Article 38, paragraph (1); Article 
41; Article 46; or Article 47 -5, paragraph (1), and it is common practice to 
indicate the source.  
 (2) In a source indication as referred to in the preceding paragraph, the name of 
the author that appears on the work mus t be cited, except if the author's name 
is clear from the source indication or if the work is anonymous.  
 (3) If a work is exploited as provided in one of the following items, the source of 
the original work underlying the derivative work provided  for in that item 
must be indicated pursuant to the provisions of the preceding two paragraphs:  
 (i) a derivative work created pursuant to the provision s of Article 40, 
paragraph (1); Article 46; or Article 47 -5, paragraph (1) is exploited pursuant 
to those  provisi ons; 
 (ii) a derivative work created pursuant to the provision s of Article 47 -6, 
paragraph (1) is exploited based on the application of the provisions set forth 
in paragraph (2) of that Article  pursuant to the items of paragraph (1) of that 
Article . 
 
 (Use  of a Copy Other than for Its Intended Purpose)  
Article 49 (1) The following persons are deemed to undertaken the reproduction  
referred to in Article 21:  
 (i) a person that distributes a copy of a work that has been created  based on 
the application of the provisions of Article 30, paragraph (1); Article 30 -3; 
Article 31, paragraph (1), item (i) or the second sentence of paragraph (3); 
Article 33 -2, paragraph (1)  Article 33 -3, paragraph (1)  or (4); Article 35, 
paragraph (1); Article 37, paragraph (3); the fi rst sentence of Article 37 -2 (or 
item (ii) of that Article, in a case referred to in that item; the same applies in 
item (i) of the following paragraph ); Articles 41 through 42 -3; Article 43, 
paragraph (2); Article 44, paragraph (1) or (2); Article 47, par agraph (1) or 
(3); Article 47 -2, or Article 47 -5, paragraph (1) ( other than one constituting a 
copy as referred to in item (i) or (ii) of the following paragraph ), or presents 
the work to the public by means of such a copy (this includes making the derivat ive work available for transmission; the same applies hereinafter), for 
a purpose other than what is stipulated in those provisions;  
 (ii) a person that uses a copy of a work that has been created based on the 
application of the provisions of Article 30 -4 (other than one constituting a 
copy as referred to in item (iii) of the following paragraph) to exploit that 
work  with the purpose of personally enjoying or causing another person to 
enjoy the thoughts or sentiments expressed there in, irrespective of the 
manner in which the person exploits it ; 
 (iii) a broadcaster or cablecaster that preserves an ephemeral recording in 
violation of the provisions of Article 44, paragraph (3);  
 (iv) a person that distributes a copy of a work that has been created  based on 
the application of the provisions of Article 47 -3, paragraph (1) ( other than 
one constituting a copy as referred to in item (iv) of the following paragraph ), 
or a person that presents a work to the public by means of such a copy;  
 (v) a person that preserves  a copy as referred to  in Article 47 -3, paragraph (2) 
(other than one constituting a copy as referred to in item (iv) of the following 
paragraph ) in violation of the provisions of that paragraph;  
 (vi) a person that uses a copy of a work that has been created based on the 
application of the provisions of Article 47 -4; or Article 47 -5, paragraph (2) 
(other than one constituting a copy as referred to in item (vi) or (vii) of the 
following paragraph ) to exploit the work for a purpose other than what is 
provide d for in those provisions , irrespective of the manner in which the 
person exploits it . 
 (2) A person  as follows is  deemed to have undertaken the translat ion, musical 
arrange ment , reformulat ion, or  adapt ion under Article 27  of the  original work 
underlying the derivative work  in question , or to have reproduced  that 
derivative work as referred to in  Article 21:  
 (i) a person that distributes a copy of a derivative work that has been created  
based on the application of Article 47 -6, paragraph (2) and in accorda nce 
with what is set forth in the items of Article 47 -6, paragraph (1) , or that 
presents that derivative work to the public by means of such a copy , for a 
purpose other than what is provided for in Article 30, paragraph (1); Article 
31, paragraph (1), item  (i) or the second sentence of paragraph (3); Article 
33-2, paragraph (1); Article 33 -3, paragraph (1);  Article 35 ,paragraph (1)  ; 
Article 37, paragraph (3); the first sentence of Article 37 -2; Article 41; Article 
42; or Article 47, paragraph (1) or (3);  
 (ii) a person that distributes a copy of a derivative work that has been created 
based on the application of Article 30 -3; or Article 47 -5, paragraph (1) , or 
that presents that derivative work to the public by means of such a copy , for 
a purpose other than  what is provided for in those provisions;  
 (iii) a person that uses a  copy of a  derivative work that has been  created based on the application of the provisions of Article 30 -4 to exploit that derivative 
work with the purpose of personally enjoying or cau sing another person to 
enjoy the thoughts or sentiments expressed therein , irrespective of the 
manner in which the person exploits it ; 
 (iv) a person that distributes a copy of a derivative work that has been created 
based on the application of the provisi ons of Article 47 -6, paragraph (2), and 
pursuant to the provisions of Article 47 -3, paragraph (1), or presents that 
derivative work to the public by means of such a copy;  
 (v) a person that preserves the copy referred to in the preceding item, in 
violation  of the provisions of Article 47 -3, paragraph (2);  
 (vi) a person that uses a copy of a derivative work that has been created based 
on the application of Article 47 -4, to exploit the derivative work for a purpose 
other than what is provided for in that Art icle, irrespective of the manner in 
which the person exploits it ; 
 (vii) a person that uses a copy of a derivative work that has been  created 
pursuant to the provisions of Article 47 -5, paragraph (2) based on the 
application of Article 47 -6, paragraph (2) for a purpose other than what is 
provided for in Article 47 -5, paragraph (2) , irrespective of the manner in 
which it is exploited . 
 
 (Relationship with the Moral Rights of Authors)  
Article 50 The provisions of this Subsection must not be interpreted as aff ecting 
the protection of the moral rights of authors.  
 
Section 4 Term of Protection  
 
 (The Term of Protection, in General)  
Article 51 (1) The duration of copyright begins at the time the work is created.  
 (2) Unless otherwise specified in this Section, a c opyright subsists for a period of 
70 years after the death of the author (or the death of the last surviving co -
author, for a joint work; the same applies in paragraph (1) of following Article ). 
 
 (The Term of Protection for an Anonymous or Pseudonymous Work) 
Article 52 (1) The copyright to an anonymous or pseudonymous work subsists for 
a period of 70 years after the work is made public; provided, however, that if, 
before the expiration of a duration of copyright for an anonymous or 
pseudonymous work, it is  found that 70 years have elapsed since the death of 
the author of that work, the copyright is deemed to have expired at the time 
that is found to constitute the expiration of 70 years since the death of the 
author.  
 (2) The provisions of the preceding par agraph do not apply in any of the following cases:  
 (i) the pseudonym adopted by the author of a pseudonymous work is commonly 
known to be that author's pseudonym;  
 (ii) the author's true name is registered pursuant to Article 75, paragraph (1), 
within the  period referred to in the preceding paragraph;  
 (iii) the author makes the work public using the author's true name or the 
pseudonym by which the author is commonly known to indicate the name of 
the author, within the period referred to in the preceding p aragraph.  
 
 (The Term of Protection for Works Attributed to an Organization)  
Article 53 (1) The copyright to a work whose authorship is attributed to a 
corporation or other organization subsists for a period of 70 years after the 
work is made public (or fo r a period of 70 years after the creation of the work, 
if the work is not made public within 70 years of its creation).  
 (2) The provisions of the preceding paragraph do not apply if the individual who 
is the author of a work whose authorship is attributed  to a corporation or other 
corporate body, makes the work public and uses that individual's true name or 
the pseudonym by which that individual is commonly known to indicate the 
name of the author, within the period referred to in the preceding paragraph.  
 (3) With respect to the duration of copyright for a work whose authorship has 
been attributed to a corporation or other corporate body pursuant to the 
provisions of Article 15, paragraph (2), even if such a work does not fall under 
the category of works p rovided for in paragraph (1), it is deemed to be 
attributed to the relevant corporate body, and the provisions of paragraph (1) 
apply.  
 
 (The Term of Protection for Cinematographic Works)  
Article 54 (1) The copyright to a cinematographic work subsists for 70 years after 
the work is made public (or for 70 years after the creation of the work, if the 
work is not made public within the 70 years after its creation).  
 (2) When the copyright to a cinematographic work expires at the expiration of 
the duration of c opyright, the copyright to original work connected with that 
cinematographic work also expires as regards the exploitation of the 
cinematographic work.  
 (3) The provisions of the preceding two Articles do not apply to the copyright to a 
cinematographic wor k. 
 
Article 55 [Deleted]  
 
 (The Time at Which a Serial Publication Is Made Public)  Article 56 (1) The time at which a work is made public as referred to in Article 52, 
paragraph (1); Article 53, paragraph (1); or Article 54, paragraph (1) is the 
time at wh ich each volume, issue, or installment is made public, for works that 
are made public successively in volumes, issues, or installments, or the time at 
which the last part of the work is made public, for works that are made public 
sequentially in parts.  
 (2) If the subsequent part of a work that is completed after being made public 
sequentially in parts, has not been made public even though three years have 
passed since the most recent part was made public, the last of the parts of the 
work that has been mad e public is deemed to be the last part of the work for 
the purposes of the preceding paragraph.  
 
 (Calculation of the Term of Protection)  
Article 57 In calculating the end of the seventy -year period following the death of 
the author; or the seventy -year pe riod after a work is made public or created, 
in a case referred to in Article 51, paragraph (2); Article 52, paragraph (1); 
Article 53, paragraph (1); or Article 54, paragraph (1), the starting point for 
the calculation is the year after the year in which the author dies or the work 
is made public or created.  
 
 (Special Provisions on the Term of Protection)  
Article 58 If, pursuant to the provisions of the Berne Convention for the 
Protection of Literary and Artistic Works, the WIPO Copyright Treaty, or the 
Marrakesh Agreement Establishing the World Trade Organization, the country 
of origin of a work (except a work falling under Article 6, item (i)) is a foreign 
country that is a member of the International Union established by the Berne 
Convention, a Contract ing Party to the WIPO Copyright Treaty, or a member 
of the World Trade Organization, and if that country of origin has established 
a shorter duration of copyright for such a work than what is provided for in 
Articles 51 through 54, the duration of copyrigh t for that work is the duration 
established by the country of origin.  
 
Section 5 The Exclusive Nature  of an Author's Moral Rights ; Related 
Matters  
 
 (The Exclusive Nature  of an Author's Moral Rights)  
Article 59 An author's moral rights are exclusive to tha t author, and are 
inalienable.  
 
 (Protection of Moral Interests after the Author's Death)  Article 60 Even after the death of the author, it is prohibited for a person that 
makes available  or presents the author's work to the public to engage in 
conduct tha t would be prejudicial to the moral rights of the author if the 
author were alive; provided, however, that this does not apply if that conduct is 
found not to contravene the will of the author in light of the nature and extent 
of the conduct as well as cha nges in social circumstances and other conditions.  
 
Section 6 Transfer and Expiration of Copyright  
 
 (Transfer of a Copyright)  
Article 61 (1) A copyright may be transferred in whole or in part.  
 (2) If a contract for the transfer of a copyright makes no pa rticular reference to 
the rights set forth in Articles 27 and 28, these rights are presumed to be 
retained by the transferor.  
 
(Expiration of a Copyright When There Are No Heirs) 
Article 62 (1) A copyright expires in the following cases:  
 (i) the author di es, and the copyright is to revert to the National Treasury 
pursuant to the provisions of Article 959 (Reversion of Residual Assets to the 
National Treasury) of the Civil Code (Act No. 89 of 1896);  
 (ii) the corporation that owns the copyright is dissolved , and the copyright is 
to revert to the National Treasury pursuant to the provisions of Article 239, 
paragraph (3) of the Act on General Incorporated Associations and General 
Incorporated Foundations (Act No. 48 of 2006) or the provisions of other 
similar Acts.  
 (2) The provisions of Article 54, paragraph (2) apply mutatis mutandis when the 
copyright to a cinematographic work has expired pursuant to the provisions of 
the preceding paragraph.  
 
Section 7 Exercise of Rights  
 
 (Authorization to Exploit Works)  
Article 63 (1) The copyright owner may authorize  another person to exploit the 
work.  
 (2) A person that obtains the authorization referred to in the preceding 
paragraph is entitled to exploit the work to which that authorization pertains 
within the scope of  the manner and conditions of exploitation under that 
authorization.  
 (3) A right of exploitation (meaning the right to exploit a work under the 
authorization referred to in paragraph (1) pursuant to the provisions of the 
preceding paragraph; the same appl ies in the following Article) may not be transferred without the consent of the copyright owner.  
 (4) Unless otherwise stipulated in a contract, the authorization referred to 
paragraph (1) in connection with the broadcasting or cablecasting of a work, 
does not include authorization to record the sound or visuals of the work.  
 (5) The provisions of Article 23, paragraph (1) do not apply to a person that has 
obtained the authorization referred to in paragraph (1) to make a work 
available for transmission, mak ing the work available for transmission 
repeatedly or using another automatic public transmission server to make the 
work available for transmission within the scope of the manner and conditions 
of exploitation under authorization (other than those that co ncern the number 
of times the work may be made available for transmission or the automatic 
public transmission server that may be used to make the work available for 
transmission).  
 
(Perfection of Right of Exploitation)  
Article 63 -2 A right of exploitation  may be asserted against a person that has 
acquired the copyright for a work that is subject to the right of exploitation or 
any other third party.  
 
 (Exercise of the Moral Rights of Co-Authors)  
Article 64 (1) The moral rights of co -authors of a joint work  may not be exercised 
without the unanimous agreement of all the co -authors.  
 (2) A co -author may not prevent the agreement referred to in the preceding 
paragraph from being reached in breach of  good faith.  
 (3) Co -authors may choose one co -author from amo ng themselves to represent 
them in the exercise of their moral rights.  
 (4) Limitations on the representative authority of the person representing the 
co-authors in the exercise of the rights referred to in the preceding paragraph 
may not be duly asserted against a third party that is without knowledge of 
those limitations.  
 
 (Exercise of a Joint Copyright)  
Article 65 (1) The owner of a copyright to a joint work or any other jointly owned 
copyright (hereinafter in this Article referred to as a "joint copyri ght") is not 
entitled to transfer or pledge that share of the joint copyright without the 
consent of the other co -owners.  
 (2) A joint copyright may not be exercised without the unanimous agreement of 
all the co -owners.  
 (3) In a case referred to in the pr eceding two paragraphs, a co -owner may not, 
without justifiable grounds, refuse the consent referred to in paragraph (1) or prevent the agreement referred to in the preceding paragraph from being 
reached.  
 (4) The provisions of paragraphs (3) and (4) of th e preceding Article apply 
mutatis mutandis to the exercise of a joint copyright.  
 
 (Copyright s That Have Become Subject to Pledge)  
Article 66 (1) The copyright owner is entitled to exercise a copyright even if a 
pledge has been established with the copyrig ht as its subject, unless otherwise 
stipulated in the act of establishing the pledge.  
 (2) A pledge may be exercised with respect to money or any other thing the 
copyright owner would receive from the transfer of the copyright or the 
exploitation of the wo rk (including consideration for the establishment of a 
print right); provided, however, that the attachment of the right to receive 
such things is required before their payment or transfer to the pledgee.  
 
Section 8 Exploitation of a Work Based on  a Compul sory License  
 
 (Exploitation of a Work If the Copyright Owner Is Unknown)  
Article 67 (1) In a case prescribed by Cabinet Order as one in which, due to 
reasons such as the author being unknown, the author of a work that has been 
made public or a work that h as clearly been made available  or presented to the 
public for a considerable period of time cannot be contacted even after a 
considerable effort, a person may exploit that work in the manner provided for 
in a compulsory license issued thereto by the Commis sioner of the Agency for 
Cultural Affairs, after depositing compensation for the copyright owner in an 
amount fixed by the Commissioner as equivalent to the ordinary rate of 
royalties.  
 (2) Notwithstanding the provisions of the preceding paragraph, the dep osit 
under the preceding paragraph is not required if the national or local  
government or a corporation prescribed  by Cabinet Order  as being similar 
thereto  (hereinafter referred to as the "national or local government or 
equivalent corporation " in this pa ragraph and the following Article ) seeks to 
exploit  a work pursuant to the provision s of th at paragraph. In such a case, if 
the national or local government or equivalent corporation  becomes able to 
contact the copyright owner, it must  pay compensation to the copyright owner 
in the amount established by the Commissioner of the Agency for Cultural 
Affairs in accordance with the provisions of the preceding paragraph.  
 (3) A person that seeks to be issued the compulsory license referred to in 
paragraph (1) mus t submit to the Commissioner of the Agency for Cultural 
Affairs an application detailing the manner in which that person seeks to 
exploit the work and other particulars designated by Cabinet Order, and attaching materials to support a prima facie showing t hat the copyright owner 
cannot be contacted and the materials designated by Cabinet Order.  
 (4) Copies of a work that have been made pursuant to the provisions of 
paragraph (1) must bear an indication that they have been made pursuant to a 
compulsory licen se under that paragraph, and give the date on which the 
compulsory license was issued.  
 
 (Exploitation of a Work While an Application for a Compulsory License Is 
Pending)  
Article 67 -2 (1) If a person that applies for the compulsory license referred to in 
paragraph (1) of the preceding Article (hereinafter in this Article referred to 
simply as a "compulsory license") deposits collateral in the amount that has 
been fixed by the Commissioner of the Agency for Cultural Affairs in 
consideration of the manner of the work's exploitation as given in the 
application, that person may exploit the work to which the application pertains 
in the manner of exploitation under that application in the time leading up to 
the disposition granting or denying the compulsory licens e (or in the time 
leading up to when the person is able to contact the copyright owner, if the 
person becomes able to contact the copyright owner in the time leading up to 
the disposition granting or denying the compulsory license); provided, however, 
that the person may not exploit the work if it is clear that the author of that 
work intends to discontinue  
 (2) Notwithstanding the provisions of the preceding paragraph,  the deposit 
under the preceding paragraph is not required  if the national or local 
gover nment or an equivalent corporation  seeks to use a work pursuant to the 
provision s of that paragraph.  
 (3) A copy of a work that has been created based on the application of the 
provisions of paragraph (1) must bear an indication that it has been made 
pursu ant to the provisions of that paragraph, and give the date on which the 
application for a compulsory license was filed.  
 (4) Notwithstanding the provisions of paragraph (1) of the preceding Article, if 
the person exploiting the work pursuant to the provisi ons of paragraph (1) 
(hereinafter referred to as a "user with a pending application"; this does not 
include the national or local government or an equivalent corporation ; the 
same applies in the following paragraphs) is issued the compulsory license, the 
user is not required to make a deposit under the provisions of paragraph (1) of 
the previous Article with regard to the portion of the compensation referred to 
in that paragraph which is equivalent to the amount of collateral already 
deposited under the pro visions of paragraph (1) of this Article (and if the 
amount of the collateral exceeds that of the compensation, the user is not 
required to deposit compensation).   (5) If a user with a pending application is issued a disposition denying the 
compulsory lice nse (unless the user has been able to contact the copyright 
owner in the time leading up to the disposition), the user must deposit the 
compensation for the copyright owner in the amount that has been fixed by the 
Commissioner of the Agency for Cultural Af fairs as equivalent to the amount of 
royalties for having exploited the work pursuant to the provisions of paragraph 
(1) in the time leading up to when the user was issued the disposition. In this  
case, the portion of the collateral deposited pursuant to t he provisions of that 
paragraph which is equivalent to the amount of compensation (or if the amount 
of compensation exceeds the amount of collateral, the collateral) is deemed to 
have been deposited as compensation.  
 (6) If the user with a pending applicat ion (limited to the national or local 
government or an equivalent corporation ) becomes able to contact the copyright 
owner after the disposition denying the compulsory license, the user with a 
pending application must  pay compensation to the copyright owne r in the 
amount equivalent to the royalties for having exploited the work pursuant to 
the provision s of paragraph (1) for the period preceding the disposition , as 
established by the Commissioner of the Agency for Cultural Affairs.  
 (7) If a user with a pen ding application becomes able to contact the copyright 
owner in the time leading up to the disposition granting or denying the 
compulsory license, the user must pay the copyright owner compensation 
equivalent to the amount of royalties for having exploited  the work pursuant to 
the provisions of paragraph (1) in the time leading up to when the user was 
able to contact the copyright owner.  
 (8) In a case referred to in paragraph (4), (5) or (7), the copyright owner is 
entitled to receive repayment from collat eral deposited pursuant to the 
provisions of paragraph (1) in connection with the right to receive the 
compensation referred to in paragraph (5) or (7) of this Article.  
 (9) A person that deposits collateral pursuant to the provisions of paragraph (1) 
is entitled to recover, pursuant to Cabinet Order, all or a part of the portion of 
collateral that exceeds the amount of collateral from which the copyright owner 
is entitled to receive repayment pursuant to the provisions of the preceding 
paragraph.  
 
 (Broadc asting of Works)  
Article 68 (1) If a broadcaster seeking to broadcast a work that has been made 
public requests the copyright owner to agree to authorize its broadcast of the 
work, but an agreement cannot be reached or deliberations about this cannot 
be en tered into, the broadcaster may broadcast the work pursuant to a 
compulsory license by the Commissioner of the Agency for Cultural Affairs, and after paying compensation to the copyright owner in the amount that has 
been fixed by the Commissioner as equiva lent to the ordinary rate of royalties.  
 (2) A work that is broadcast pursuant to the provisions of the preceding 
paragraph may also be cablecast, transmitted via automatic public 
transmission (this includes the automatic public transmission of a broadcast  
work that is made available for transmission by the data for it being input to 
an automatic public transmission server that is connected with a public 
telecommunications network) with the objective of allowing an exclusive 
audience within the service area  that the broadcast is intended for to receive 
the transmission, or communicated publicly through a receiver. In this  case, 
except in a case to which the provisions of Article 38, paragraphs (2) and (3) 
apply, the person that makes that cablecast, transmit s the automatic public 
transmission, or sends the communication must pay the copyright owner 
compensation in an amount equivalent to the ordinary rate of royalties.  
 
 (Recording Sounds onto Commercial Phonograms)  
Article 69 Once a commercial phonogram has been sold for the first time in 
Japan and three years have elapsed since the date of its first sale, if a person 
seeking to make a sound recording of a musical work whose sound has been 
recorded onto that phonogram with the authorization of the copyright o wner 
and to thereby produce a different commercial phonogram, requests the 
copyright owner to agree to authorize that person to make such a sound 
recording or to make  such a commercial phonogram  available  to the public 
through its transfer, but an agreemen t cannot be reached or deliberations 
about this cannot be entered into, the person may make such a sound recording 
or make  such a commercial phonogram available  to the public through its 
transfer pursuant to a compulsory license by the Commissioner of the Agency 
for Cultural Affairs and after paying compensation to the copyright owner in 
the amount that has been fixed by the Commissioner as equivalent to the 
ordinary rate of royalties.  
 
(Procedures and Standards Involved in a Compulsory License)  
Article 70 (1) An applicant for a compulsory license referred to in Article 67, 
paragraph (1); Article 68, paragraph (1); or the preceding Article must pay an 
application fee in the amount that has been fixed by Cabinet Order in 
consideration of actual costs.  
 (2) Th e provisions of the preceding paragraph do not apply if the person that 
would be required to pay the application fee pursuant to the provisions of that 
paragraph is the national government . 
 (3) Upon receipt of an application for the compulsory license ref erred to in 
Article 68, paragraph (1) or the preceding Article, the Commissioner of the Agency for Cultural Affairs must notify the copyright owner affected by the 
application of this, and must afford the copyright owner an opportunity to 
express an opinio n, specifying an adequate period of time for this.  
 (4) If the Commissioner of the Agency for Cultural Affairs has received an 
application for a compulsory license referred to in Article 67, paragraph (1), 
Article 68, paragraph (1) or the preceding Article  but finds the circumstances 
to fall under either of the following items, the commissioner must not issue the 
compulsory license:  
 (i) the author clearly intends to discontinue the printing or other exploitation 
of the work; or  
 (ii) there are unavoidable circumstances for the copyright owner's inability to 
authorize the broadcast of the work to which the application for a 
compulsory license referred to in Article 68, paragraph (1) pertains.  
 (5) When seeking to issue a disposition denying an applicant the compulsory 
license referred to in the preceding paragraph (unless the disposition denying 
the applicant the compulsory license is issued pursuant to the provisions of 
paragraph (7)) the Commissioner of the Agency for Cultural Affairs must notify 
the applic ant of the reasons for this in advance and afford the applicant an 
opportunity to explain the applicant's position and furnish evidence in the 
applicant's favor, and if the commissioner issues the disposition denying the 
applicant that compulsory license, the commissioner must notify the applicant 
of this in writing, accompanied by the reasons for this.  
 (6) Upon issuing the compulsory license referred to in Article 67, paragraph (1), 
the Commissioner of the Agency for Cultural Affairs must issue a public n otice 
of this in the Official Gazette as well as notifying the applicant, and upon 
issuing the compulsory license referred to in Article 68, paragraph (1) or the 
preceding Article, the Commissioner must notify the relevant parties of this.  
 (7) If there ha s been a petition from a user with a pending application to 
withdraw that user's application for the compulsory license referred to in 
Article 67, paragraph (1), the Commissioner of the Agency for Cultural Affairs 
is to issue a disposition denying the appl icant the compulsory license.  
 (8) Beyond what is provided for in the preceding paragraphs, any necessary 
particulars involved in the compulsory licenses referred to in this Section are 
provided by Cabinet Order.  
 
Section 9 Compensation ; Related Matters  
 
 (Consultation with the Culture Council)  
Article 71 When  specifying the following matters , the Commissioner of the 
Agency for Cultural Affairs must consult with the Culture Council.  
 (i) a calculation method referred to in Article 33, paragraph (2) (includi ng as applied mutatis mutandis pursuant to the provisions of paragraph (4) of that 
Article); Article 33 -2, paragraph (2); or Article 33 -3, paragraph (2);  
 (ii) the amount of compensation referred to in Article 67, paragraph (1); 
Article 67 -2, paragraph (5)  or (6); Article 68, paragraph (1); or Article 69.  
 
 (Legal Action Concerning Amounts of Compensation)  
Article 72 (1) A party that is dissatisfied with the amount of compensation fixed 
based on the provisions of Article 67, paragraph (5) or (6); Article 67 -2, 
paragraph (4); Article 68, paragraph (1); or Article 69, may bring an action to 
increase or decrease the amount of compensation, within a period of six months 
from the date on which the party learns that a compulsory license under any of 
these provisio ns (or a disposition denying the compulsory license referred to in 
Article 67, paragraph (1), in the case referred to in Article 67 -2, paragraph (5) 
or (6)) has been issued.  
 (2) In an action referred to in the preceding paragraph, the copyright owner 
must  be the defendant if the person bringing the action is the person exploiting 
the work, and the person exploiting the work must be the defendant if the 
person bringing the action is the copyright owner.  
 
(Limitations on Requests for Review Concerning the Amount of Compensation)  
Article 73 In a request for review concerning a disposition granting or denying 
the compulsory license referred to in Article 67, paragraph (1); Article 68, 
paragraph (1); or Article 69, dissatisfaction with the amount of compensation  
subject to the disposition granting or denying that compulsory license may not 
be used as grounds for dissatisfaction with the disposition granting or denying 
the compulsory license; provided, however, that this does not apply if the 
person that was issue d the disposition granting or denying the compulsory 
license referred to in Article 67, paragraph (1) is unable to bring the action 
referred to in paragraph (1) of the preceding Article because the copyright 
owner is unknown or for other similar reasons.  
 
 (Depositing of Compensation)  
Article 74 (1) In the following cases, a person that is required to pay the 
compensation referred to in Article 33, paragraph (2) (including as applied 
mutatis mutandis pursuant to the provisions of paragraph (4) of that Artic le); 
Article 33 -2, paragraph (2); Article 33 -3, paragraph (2); Article 68, paragraph 
(1); or Article 69 must deposit the compensation instead of paying it:  
 (i) compensation is offered  and the copyright owner refuses to receive  the 
compensation;  
 (ii) the copyright owner is unable to receive the compensation;  
 (iii) the person  required to pay  cannot ascertain  the copyright owner (unless the person is negligent ); 
 (iv) the person required to pay brings an action as referred to in Article 72, 
paragraph (1) wi th respect to the amount of compensation;  
 (v) a pledge has been established on the copyright (this excludes when 
authorization has been obtained from the pledgee).  
 (2) If the copyright owner so requests, in the case referred to in item (i v) of the 
preced ing paragraph, the person that is required to pay compensation must 
pay the sum that accords with the person's own calculations and deposit the 
difference between sum that person calculates and the amount of compensation 
as per the compulsory license.  
 (3) A deposit of compensation under the provisions of Article 67, paragraph (1); 
Article 67 -2, paragraph (5); or the preceding two paragraphs or a deposit of 
collateral under the provisions of Article 67 -2, paragraph (1) is to be made at 
the deposit office ne arest to the known domicile or residence of the copyright 
owner, if the copyright owner is domiciled or resides in Japan, or at the deposit 
office nearest to the domicile or residence of the depositor in any other case.  
(4) A person that makes a deposit re ferred to in the preceding paragraph must 
notify the copyright owner of that deposit; provided, however, that this does 
not apply if the copyright owner cannot be notified due to reasons such as the 
copyright owner being unknown.  
 
Section 10 Registration  
 
 (Registration of True Names)  
Article 75 (1) The author of an anonymous or pseudonymous work that has been 
made public, may have the author's true name registered to that work, 
regardless of whether the author currently owns the copyright.  
 (2) An author m ay have the registration referred to in the preceding paragraph 
made after the author's death by the person designated in the author's will.  
 (3) A person whose true name has been registered is presumed to be the author 
of the work to which the registratio n pertains.  
 
 (Registration of the Date of First Publication)  
Article 76 (1) The copyright owner or the publisher of an anonymous or 
pseudonymous work may have the date of first publication or the date first 
made public registered for that work.  
 (2) A wor k whose date of first publication or date first made public is registered 
is presumed to have been first published or first made public on the registered 
date.  
 
 (Registration of the Date of Creation)  Article 76 -2 (1) The author of a work of computer progr amming may have the 
date of creation of the work registered; provided, however, that this does not 
apply after six months have passed since the creation of that work.  
 (2) A work of computer programming that has been registered as referred to in 
the preced ing paragraph is presumed to have been created on the registered 
date.  
  
(Registration of a Copyright)  
Article 77 The following particulars may not be asserted against a third party 
unless they are registered:  
 (i) the transfer of a copyright, its alterati on as a result of a trust, or a 
restriction on its disposal;  
 (ii) the establishment, transfer, alteration, or expiration of a pledge on a 
copyright (except when due to comingling or to the expiration of the 
copyright or the claim it secures), or a restric tion on its disposal.  
 
 (Registration Process)  
Article 78 (1) The registrations referred to in Article 75, paragraph (1); Article 76, 
paragraph (1); Article 76 -2, paragraph (1); and the preceding Article are made 
by the Commissioner of the Agency for Cultu ral Affairs, who enters or records 
them in the copyright register.  
 (2) The copyright register may be prepared in whole or in part using magnetic 
discs (this includes any object on which it is possible to reliably record a fixed 
set of data using equivalen t means; the same applies in paragraph (4)), 
pursuant to Cabinet Order.  
 (3) Upon making a registration referred to in Article 75, paragraph (1), the 
Commissioner of the Agency for Cultural Affairs must issue a public notice of 
this using the internet or b y any other appropriate method . 
 (4) Any person may enter a request with the Commissioner of the Agency for 
Cultural Affairs to be delivered a certified copy or a certified abstract of entries 
in the copyright register or a copy of its annexed documents, t o inspect the 
register or its annexed documents, or to be delivered documents detailing 
information recorded in a portion of the copyright register that has been 
prepared using magnetic discs.  
 (5) A person entering a request referred to in the preceding p aragraph must pay 
the fee that has been fixed by Cabinet Order in consideration of actual costs.  
 (6) The provisions of the preceding paragraph do not apply if the person that 
would be required to pay the fee pursuant to the provisions of that paragraph 
is the national government . 
 (7) The provisions of Chapters II and III of the Administrative Procedure Act 
(Act No. 88 of 1993) do not apply to measures taken in connection with registrations referred to in paragraph (1).  
 (8) The provisions of the Act on Ac cess to Administrative Organs' Information do 
not apply to the copyright register and its annexed documents.  
 (9) The provisions of Chapter IV of the Act on the Protection of Personal 
Information Held by Administrative Organs (Act No. 58 of 2003) do not ap ply 
to retained personal information (meaning the Retained Personal Information 
set forth in Article 2, paragraph (5) of that Act) that is recorded in the 
copyright register and its annexed documents.  
 (10) Beyond what is provided for in this Section, any necessary particulars 
connected with the registration referred to in paragraph (1) are provided by 
Cabinet Order.  
 
 (Special Provisions on the Registration of Works of Computer Programming)  
Article 78 -2 Beyond what is provided for in this Section, the part iculars of the 
registration of works of computer programming are as provided separately by 
law. 
 
Chapter III Print Rights  
 
 (Establishment of Print Rights)  
Article 79 (1) The owner of the right set forth in Article 21 or Article 23, 
paragraph (1) (hereinaf ter in this Chapter referred to as "the owner of 
reproduction rights  or public transmission  right s") may establish a print right 
in favor of a person that undertakes to either print the work as a piece of 
writing or as a picture ( this includes recording th e work on a recording 
medium in a format that makes it possible to use a computer to display the 
work as a piece of writing or picture on a computer screen, and distributing the 
copy of that work that has been recorded onto that recording medium ; referred 
to as " the act of printing " in Article 80, paragraph (2) and Article 81, item (i)) 
or to transmit the work to the public (this in includes making it transmittable, 
other than through a broadcast or cablecast, if the work is transmitted via 
automatic public  transmission; hereinafter the same applies in this Chapter) 
using a copy of that work  that has been  recorded on a recording medium in the 
relevant format  (referred to as " the act of public transmission " in Article 80, 
paragraph (2) and Article 81, item (i i)). 
 (2) If a pledge has been established on the right of reproduction or right to 
transmit to the  public, the owner of reproduction rights  or public transmission 
rights  may establish print rights only with the authorization of the pledgee.  
 
 (The Substan ce of Print Rights)  
Article 80 (1) The owner of print rights exclusively holds  all or part of the following rights to the work  that is  subject to th ose print rights, pursuant to 
the act of establishment:  
(i) the right to reproduce the unaltered original wo rk for the purpose of 
distribution, as a piece of writing or as a picture, by printing it or by other 
mechanical or chemical means (including the right to reproduce the 
unaltered work as an electronic or magnetic record recorded on a recording 
medium in a format  provided for in Article 79, paragraph (1));  
 (ii) the right to transmit the unaltered work to the public using a copy of that 
work  that has been  recorded on a recording medium in a format  provided for 
in Article 79, paragraph (1).  
 (2) Notwithstandi ng the provisions of the preceding paragraph, if the author of a 
work dies during the life of the print rights, or, unless otherwise stipulated in 
the act of establishment, after three years have passed since the first act  of 
printing  or act of public tran smission (referred to as the "act of printing  or 
public transmission " in Article 83, paragraph (2) and Article 84, paragraph (3)) 
following the establishment of the print rights, the owner of the reproduction 
rights  or public transmission rights  may reprod uce such work or transmit such 
work to the public by compiling the relevant work in a complete collection of 
works or other compilation (limited to one in which only the works of that 
author are compiled).  
 (3) The owner of print rights may authorize anoth er person to reproduce the 
work that is the subject of those print rights or transmit that work to the 
public only after having obtained  the consent of the owner of reproduction 
rights  or public transmission rights . 
 (4) The provisions of Article 63, parag raphs (2), (3) and (5) and Article 63 -2 
apply mutatis mutandis to cases provided for in the preceding paragraph. In 
this case, the term "the copyright owner" in paragraph (3) of Article 63 is 
deemed to be replaced with "the owner of reproduction rights  or public 
transmission rights  and the owner of print rights provided in Article 79, 
paragraph (1)" and the phrase "Article 23, paragraph (1)" in paragraph (5) of 
that Article is deemed to be replaced with "Article 80, paragraph (1) (limited to 
the part concer ned with  item (ii))".  
 
 (Obligation to Print) 
Article 81 The owner of print rights has the obligation set forth in the relevant  of 
the following items for the category set forth in that item in connection with 
the work subject to the print right; provided,  however , that this does not apply 
if otherwise stipulated in the act of establishment:  
 (i) the owner of print rights connected with  the rights provided for in Article 
80, paragraph (1), item (i) (referred to as "the owner of item (i) print rights" 
in the  following Article ) has the following obligations:   (a) the obligation to undertake the act of printing  for a work within a period 
of six months after the date on which the owner of print rights has been 
transferred the manuscript or other original copies or anything else 
equivalent thereto or been provided with the electronic or magnetic record 
of the work that is necessary for reproducing the work, by the owner of the 
reproduction rights  or public transmission rights ; 
 (b) the obligation to continually undertake  the act of printing  for the work in 
conformity with business practices ; 
 (ii) the owner of print rights connected with  the rights provided for in Article 
80, paragraph (1), item (ii) (referred to as "the owner of item (ii) print rights" 
in paragrap h (1), item (ii) of the following Article ) has the following 
obligations:  
 (a) the obligation to undertake the act of public transmission  for a work 
within a period of six months after the date on which the owner of print 
rights has been transferred the ma nuscript or other original copies or 
anything else equivalent thereto or been provided with the electronic or 
magnetic record of the work that is necessary for transmitting the work to 
the public, by the owner of the reproduction rights  or public transmiss ion 
rights ; 
 (b) the obligation to continually undertake  the act of public transmission  for 
the work in conformity with business practices.  
 
 (Adjustments, Additions, and Deletions in a Work) 
Article 82 (1) In any of the following cases, the author may mak e adjustments, 
additions, or deletions in that work within a scope that is justified : 
 (i) the owner of item (i) print rights reproduces the work again;  
 (ii) the owner of item (ii) print rights transmits the work to the public . 
 (2) Each time the owner of  item (i) print rights seeks to reproduce a work subject 
to the print rights the owner owns again, the owner must notify the author of 
this in advance.  
 
 (Duration of Print Rights)  
Article 83 (1) The duration of print rights is as stipulated in the act of 
establishment.  
 (2) Unless otherwise stipulated in the act of establishment, print rights expire 
on the day on which three years have elapsed following the first act of printing  
or public transmission  is undertaken  after the establishment of those rights.  
 
(Claim to the Extinguishment of Print Rights)  
Article 84 (1) If the owner of print rights breaches the obligation referred to in 
Article 81, item (i) (limited to the part concerned with (a)) or item (ii) (limited to the part concerned with (a)), the owner  of reproduction rights  or public 
transmission rights  may extinguish the print rights connected to  the rights 
provided for in the relevant of Article 80, paragraph (1), item (i) or ( ii), by 
notifying the owner of print rights.  
 (2) If the owner of print ri ghts breaches the obligation referred to in Article 81, 
item (i) (limited to the part concerned with  (b)) or item (ii) (limited to the part 
concerned with  (b)), and, notwithstanding that the owner of reproduction 
rights, etc. has specified a period of at l east three months and called upon the 
owner of print rights to perform the obligation within that period, the owner of 
the print rights does not perform that obligation within that period, the owner 
of reproduction rights  or public transmission rights  may extinguish the print 
rights connected  to the rights provided  for in the relevant of  Article 80, 
paragraph (1), item (i) or ( ii) by notifying the owner of print rights.  
 (3) If the convictions of an author that is the owner of reproduction rights  or 
public transmission rights  come to differ from the content of the author's own 
work, the author may extinguish the print rights to that work by notifying the 
owner of the print rights of this, in order to stop the act of printing  or public 
transmission of that  work; provided, however, that this does not apply if the 
author does not compensate the owner of print rights in advance for the 
damages that would usually arise from such stoppage.  
 
Article 85 [Deleted]  
 
 (Limitations on Print Rights)  
Article 86 (1) The pro visions of Article s 30-2 through 30 -4; Article 30 -3; Article 
30-4; Article 31, paragraph (1) and the second sentence of paragraph (3); 
Article 32; Article 33, paragraph (1) (including as applied mutatis mutandis 
pursuant to the provisions of paragraph (4) of that Article ); Article 33 -2, 
paragraphs (1) ; Article 33 -3, paragraphs (1)  and (4); Article 34, paragraph (1); 
Article 35, paragraph (1); Article 36, paragraph (1); Article 37; Article 37 -2; 
Article 39, paragraph (1); Article 40, paragraphs (1) and (2); Articles 41 
through 42 -2; Article 42 -3, paragraph (2) Article 46; Article 47, paragraphs (1) 
and (3); Article 47 -2; Articles 47 -4 and 47 -5 apply mutatis mutandis to the 
reproduction of works subject to print rights. In this case, the term "copyright 
owner"  in the proviso to Article 30 -2, paragraph (1); the proviso to Article 30 -2, 
paragraph (2); Article 30 -3; the proviso to Article 30 -4; the proviso to Article 35, 
paragraph (1); the proviso to Article 42, paragraph (1); the provisos to Article 
47, paragraph s (1) and (3); Article 47 -2; the provisos to Article 47 -4, 
paragraphs (1) and (2); and the provisos to Article 47 -5, paragraphs (1) and (2) 
is deemed to be replaced with "owner of print rights" ; and the term "copyright" in the proviso to Article 47 -5, para graph (1) is deemed to be replaced with 
"print rights".  
 (2) The following  person s are deemed to have undertaken the reproduction  
referred to in Article 80, paragraph (1), item (i):  
 (i) a person distributing a copy of a work that has been created, for pur poses 
other than the purpose of private use as referred to in Article 30, paragraph 
(1), by reproducing the unaltered original work as a piece of writing or as a 
picture by printing it or by other mechanical or chemical means, based on 
the application of t he provisions of the same paragraph (including one 
created by reproducing the unaltered work as an electronic or magnetic 
record recorded on a recording medium in a format provided for in Article 79, 
paragraph (1)) , or a person presenting the work to the p ublic by means of 
such a copy;  
 (ii) a person distribut ing a copy of a work that has been created based on the 
application of the provisions of Article 30 -3; Article 31, paragraph (1), item 
(i) or the second sentence of paragraph (3); Article 33 -2, paragra ph (1) ; 
Article 33 -3, paragraphs (1)  or (4); Article 35, paragraph (1); Article 37, 
paragraph (3); the first sentence of Article 37 -2 (or item (ii) of that Article, in 
a case referred to in that item); Articles 41 through 42 -2; Article 42 -3, 
paragraph (2);  Article 47, paragraph (1) or (3); Article 47 -2; or Article 47 -5, 
paragraph (1) as applied mutatis mutandis pursuant to the preceding 
paragraph, or presents that work to the public by means of such a copy, for a 
purpose other than what is provided for in t hose provisions;  
 (iii) a person using  a copy of a work that has been created based on the 
application of the provisions of Article 30 -4 as applied mutatis mutandis 
pursuant to the preceding paragraph  to exploit that work with the purpose of 
personally enj oying or causing another person to enjoy the thoughts or 
sentiments expressed therein, irrespective of the manner in which the person 
exploits it ; 
 (iv) a person using a copy of  a work that has been created based on the 
application of the provisions of Art icle 47 -4 or Article 47 -5, paragraph (2) as 
applied mutatis mutandis pursuant to the preceding paragraph, to exploit 
that work for a purpose other than what is provided for in th ose provisions, 
irrespective of the manner in which the person exploits it . 
 (3) The provisions of Article s 30-2 through 30-4; Article 31, the first sentence of 
paragraph (3); Article 32 paragraph (1); Article 33 -2, paragraph (1); Article 33 -
3, paragraphs (4); Article 35, paragraph ( 1); Article 36, paragraph (1); Article 
37, paragra phs (2) and (3); Article 37 -2 (except item (i)); Article 40, paragraph 
(1); Articles 41; Article 42 -2, Article 42 -3, paragraph (2); Article 46; Article 
47,paragraphs (2) and (3): Article 47 -2; Article 47 -4; and Article 47 -5 apply 
mutatis mutandis to the pu blic transmission of works subject to print rights. In this case, the term "copyright owner" in the proviso to Article 30 -2, 
paragraph (1); the proviso to Article 30 -2, paragraph (2); Article 30 -3; the 
proviso to Article 30 -4; the proviso to Article 35, pa ragraph ( 1); the proviso to 
Article 36, paragraph (1); the provisos to Article 47, paragraphs (2) and (3); 
Article 47 -2; the provisos to Article 47 -4, paragraphs (1) and (2); and the 
provisos to Article 47 -5, paragraphs (1) and (2)  is deemed to be replaced  with 
"print rights", and the term "copyright" in the proviso to Article 47 -5, 
paragraph (1) is deemed to be replaced with "print rights".  
 
 (Transfer  or Pledge  of Print Rights)  
Article 87 All or part of a person's  print rights may be transferred or pledge d 
only with the authorization of the owner of reproduction rights  or public 
transmission rights . 
 
 (Registration of Print Rights)  
Article 88 (1) The following particulars may not be asserted against a third party 
unless they are registered:  
 (i) the establ ishment of a print right, its transfer, alteration, extinguishment 
(except when due to comingling, or extinguishment of the right of 
reproduction or the right to transmit to the public), or a restriction on its 
disposal;  
 (ii) the establishment, transfer, alteration, or termination of a right of pledge 
established on a print right (except when due to a merger of the right of 
pledge, or because of the termination of the print rights or the claim they 
secure), or a restriction on its disposal.  
 (2) The provis ions of Article 78 (except paragraph (3)) apply mutatis mutandis to 
the registration referred to in the preceding paragraph. In this case, the term 
"copyright register" in Article 78, paragraphs (1), (2), (4), (8), and (9) is deemed 
to be replaced with "re gister of print rights".  
 
Chapter IV Neighboring Rights  
Section 1 General Rules  
 
 (Neighboring Rights)  
Article 89 (1) Performers enjoy the rights provided for in Article 90 -2, paragraph 
(1) and Article 90 -3, paragraph (1) (hereinafter referred to as "moral  rights of 
performers") and the rights provided for in Article 91, paragraph (1); Article 92, 
paragraph (1); Article 92 -2, paragraph (1); Article 95 -2, paragraph (1); and 
Article 95 -3, paragraph (1), as well as the right to remuneration provided for in 
Article 94 -2 and Article 95 -3, paragraph (3) and the right to secondary use fees 
provided for in Article 95, paragraph (1).   (2) Producers of phonograms enjoy the rights provided for in Articles 96 and 96 -
2; Article 97 -2, paragraph (1); and Article 97 -3, para graph (1), as well as the 
right to secondary use fees provided for in Article 97, paragraph (1) and the 
right to remuneration provided for in Article 97 -3, paragraph (3).  
 (3) Broadcasters enjoy the rights provided for in Articles 98 through 100.  
 (4) Cabl ecasters enjoy the rights provided for in Articles 100 -2 to 100 -5. 
 (5) Enjoyment of the rights referred to in the preceding paragraphs requires no 
formalities.  
 (6) The rights referred to in paragraphs (1) to (4) (except the moral rights of 
performers as well as the right to remuneration and the right to secondary use 
fees referred to in paragraphs (1) and (2)) are called neighboring rights.  
 
 (Connection between the Rights of Authors and Neighboring Rights)  
Article 90 The provisions of this Chapter must n ot be interpreted as affecting the 
protection of the rights of authors.  
 
Section 2 Rights of Performers  
 
 (Right of Attribution)  
Article 90 -2 (1) A performer has the right to decide whether to use the 
performer's name, stage name, or any other name to indi cate the name of the 
performer in connection with the performance at the time it is made available  
or presented to the public, or to decide that the performer's name will not be 
indicated in connection with that performance.  
 (2) Unless the performer has m anifested a different intention, a person 
exploiting a performance may indicate the name of the performer in accordance 
with how the performer has already done so in connection with that 
performance.  
 (3) The name of the performer may be omitted if it is f ound that that doing so is 
unlikely to harm the interests of the performer in a claim to being the 
performer in that performance, in light of the purpose and circumstances of its 
exploitation, or if the omission is found to be compatible with fair practice s. 
 (4) The provisions of paragraph (1) do not apply in any of the following cases:  
 (i) the performance is made available or presented to the public by the head of 
an administrative organ or by an incorporated administrative agency, etc., a 
local governme nt agency, or a local incorporated administrative agency 
pursuant to the provisions of the Act on Access to Administrative Organs' 
Information, the Act on Access to Incorporated Administrative Agencies' 
Information, or information disclosure ordinance , and  the name of the 
performer is indicated in accordance with how the performer has already done 
so for that performance;   (ii) the performance is made available or presented to the public by the head of 
an administrative organ , an incorporated administrative  agency, etc., a local 
government agency, or a local incorporated administrative agency , pursuant 
to the provisions of Article 6, paragraph (2) of the Act on Access to 
Administrative Organs' Information, the provisions of Article 6, paragraph (2) 
of the Ac t on Access to Incorporated Administrative Agencies' Information, or 
the provisions of information disclosure ordinance that are equivalent to the 
provisions of Article 6, paragraph (2) of the Act on Access to Administrative 
Organs' Information, and it is a case in which the name of the performer is to 
be omitted.  
 
 (Right to Integrity)  
Article 90 -3 (1) A performer has the right to preserve the integrity of the 
performance, and is not to be made to suffer any alteration, cut, or other  
modification to it tha t would damage the performer's honor or reputation . 
 (2) The provisions of the preceding paragraph do not apply to modifications that 
are found to be unavoidable in light of the nature of the performance as well as 
the purpose and circumstances of its expl oitation, nor to modifications that are 
found to be compatible with fair practices.  
 
 (Sound Recording Rights and Visual Recording Rights)  
Article 91 (1) A performer has the exclusive right to record the sound and visuals 
of that performer's performance.  
 (2) Unless the sound of a performance is recorded as a sound recording (other 
than one that is intended to be played exclusively alongside images), the 
provisions of the preceding paragraph do not apply to the sound or visuals of a 
performance that are rec orded as part of a cinematographic work with the 
authorization of the owner of the right referred to in that paragraph (meaning 
authorization to exploit the performance pursuant to the provisions of Article 
63, paragraph (1) as applied mutatis mutandis pur suant to Article 103; 
hereinafter the same apples in this and the following Section).  
 
 (Broadcasting and Cablecasting Rights)  
Article 92 (1) A performer has the exclusive right to broadcast and cablecast that 
performer's performance.  
 (2) The provisions o f the preceding paragraph do not apply in the following 
cases:  
 (i) the cablecast is of a broadcast performance;  
 (ii) the broadcast or cablecast is of one of the following performances:   (a) a performance whose sound or visuals have been recorded with the  
authorization of the owner of the right provided for in paragraph (1) of the 
preceding Article;  
 (b) a performance referred to in paragraph (2) of the preceding Article whose 
sound or visuals have been recorded other than as a sound recording 
referred to in that paragraph.  
 
 (Right to Make Available for Transmission)  
Article 92 -2 (1) A performer has the exclusive right to make that performer's 
performance available for transmission.  
 (2) The provisions of the preceding paragraph do not apply to any of the 
following performances:  
 (i) a performance whose visuals have been recorded with the authorization of 
the owner of the right provided for in Article 91, paragraph (1);  
 (ii) a performance referred to in Article 91, paragraph (2) whose sound or 
visuals have  been recorded other than as a sound recording referred to in 
that paragraph.  
 
 (Fixation for Broadcasting Purposes)  
Article 93 (1) A broadcaster that obtains the authorization to broadcast a 
performance from the owner of the rights provided for in Article  92, paragraph 
(1), may record the sound or visuals of that performance for broadcasting 
purposes;, provided, however, that this does not apply if otherwise stipulated 
in the contract or if the sound or visuals are recorded with the purpose of using 
them i n a broadcast program of a different content than the broadcast program 
under authorization.  
 (2) The following persons are deemed to have recorded the sound or visuals as 
referred to in Article 91, paragraph (1):  
 (i) a person that uses or makes available  a sound or visual recording made 
pursuant to the provisions of the preceding paragraph, for a purpose other 
than broadcasting or for the purpose referred to in the proviso to that 
paragraph ; 
 (ii) a broadcaster that receives a sound or visual recording be ing made 
available that has been made pursuant to the provisions of the preceding 
paragraph, and that further makes  it available  for another broadcaster 's 
airing . 
 
 (Broadcasting of Fixations Made for Broadcasting Purposes)  
Article 94 (1) Unless otherwise stipulated in the contract, if the owner of the 
right provided for in Article 92, paragraph (1) authorizes the broadcast of a 
performance, in addition to it being permissible to make the broadcast under that authorization, it is also permissible to make th e following broadcasts:  
 (i) a broadcast using the sound and visual recordings that the authorized 
broadcaster makes pursuant to the provisions of paragraph (1) of the 
preceding Article;  
 (ii) a broadcast made based on the reception of a sound or visual re cording 
made available by the authorized broadcaster that has made that sound or 
visual recording pursuant to the provisions of paragraph (1) of the preceding 
Article;  
 (iii) a broadcast made based on the reception of an authorized broadcast 
program suppli ed by the authorized broadcaster (other than a broadcast 
under the preceding item).  
 (2) If a performance is broadcast in a broadcast set forth in one of the items of 
the preceding paragraph, the broadcaster provided for in that item must pay a 
reasonable amount of remuneration to the owner of the right provided for in 
Article 92, paragraph (1).  
 
 (Cablecasts of Broadcast Performances)  
Article 94 -2 If a cablecaster cablecasts a broadcast performance (unless the 
cablecast is made for non -commercial purposes and without charging a fee 
(meaning anything of value received in exchange for presenting the 
performance, regardless of what it is called; the same applies in paragraph (1) 
of the following Article ) to the listening or viewing audience), it must pay a 
reasonable amount of remuneration to the performer whose performance it is 
(but only during the lifetime of the neighboring rights, and not for a 
performance set forth in Article 92, paragraph (2), item (ii)).  
 
 (Secondary Use of Commercial Phonograms)  
Articl e 95 (1) If a broadcaster or cablecaster (hereinafter in this Article and 
Article 97, paragraph (1) referred to as a " broadcaster or cablecaster ") makes a 
broadcast or cablecast using a commercial phonogram (including phonograms 
made available for transmis sions; the same applies in Article 97, paragraphs 
(1) and (3)) onto which the sound of a performance has been recorded with the 
authorization of the owner of the right provided for in Article 91, paragraph (1) 
(unless it receives a broadcast transmission a nd makes a cablecast 
simultaneously, for non -commercial purposes and without charging a fee to the 
listening or viewing audience), it must pay a secondary use fee to the 
performer whose performance it is (but only a for a performance referred to in 
Article  7, items (i) to (v) and during the lifetime of the neighboring rights; the 
same applies in the following paragraph  to paragraph (4)).  
 (2) The provisions of the preceding paragraph apply to a performer whose 
performance has been fixed in phonogram whose p roducer is a national of a country other than a Contracting State of the Convention for the Protection of 
Performers, etc. which has chosen not to apply the provisions of Article 12 of 
that Convention, pursuant to the provisions of Article 16 , paragraph 1, item (a), 
(i) of the Convention.  
 (3) If the term of the protection under the provisions of Article 12 of the 
Convention for the Protection of Performers, etc. which a Contracting State of 
the Convention grants for phonograms set forth in Article 8, item (i) is shorter 
than the term of protection that performers receive pursuant to the provisions 
of paragraph (1), the term of protection granted pursuant to the provisions of 
that paragraph to a performer whose performance has been fixed in a 
phonogram whose  producer is a national of that Contracting State is the term 
of protection that the Contracting State grants under  Article 12 of the 
Convention for the Protection of Performers, etc. for the phonograms set forth 
in Article 8, item (i).  
 (4) The provisions  of paragraph (1) apply to a performer whose performance has 
been fixed in a phonogram whose producer is the national of a Contracting 
State of the WPPT (but not a Contracting State of the Convention for the 
Protection of Performers, etc.) which has set a reservation pursuant to the 
provisions of Article 15 , paragraph  (3) of the WPPT, within the limits of that 
reservation.  
 (5) If an association is in existence (including a federation of associations) that 
has as its members a considerable number of persons  who perform 
professionally in Japan, whose consent has been obtained and which has been 
designated by the Commissioner of the Agency for Cultural Affairs, it is 
permissible for the right to secondary use fees under paragraph (1) to be 
exercised exclusivel y through that association.  
 (6) The Commissioner of the Agency for Cultural Affairs may not make the 
designation referred to in the preceding paragraph unless the association 
satisfies the following requirements : 
 (i) it is not -for-profit;  
 (ii) its membe rs are able to freely join and leave;  
 (iii) its members have an equal right to vote on resolutions and in elections;  
 (iv) it has sufficient capacity to personally and properly perform functions 
involved in exercising the right to receive the secondary us e fees referred to 
in paragraph (1) on behalf of the persons that own those rights (hereinafter 
in this Article referred to as "right holders").  
 (7) An association as referred to in paragraph (5) must not refuse to exercise a 
right on behalf of a right ho lder if the right holder has so requested.  
 (8) Once an association as referred to in paragraph (5) has had a request under 
the preceding paragraph, the association has the authority to act in and out of 
court on behalf of the right holder, in its own name , in connection with that right.  
 (9) The Commissioner of the Agency for Cultural Affairs, as provided by Cabinet 
Order, may ask an association as referred to in paragraph (5) to report on 
functions related to the secondary use fees referred to in paragrap h (1) or to 
submit account books, documents, and other data, and may make the necessary 
recommendations for improving the way the association's business is executed.  
 (10) The amount of secondary use fees that an association as referred to in 
paragraph (5)  may demand on behalf of a right holder pursuant to the 
provisions of paragraph (4) is to be fixed each year by mutual agreement 
between the association and the broadcaster or cablecaster  or association of 
broadcasters, etc.  
 (11) If the agreement referred  to in the preceding paragraph is not reached, the 
relevant parties, as provided by Cabinet Order, may request the Commissioner 
of the Agency for Cultural Affairs to issue a compulsory license fixing the 
amount of secondary use fees.  
 (12) The provisions o f Article 70, paragraphs (3), (6), and (8) , Articles 71 (limited 
to the part concerned with item (ii)), and Article s 72 through 74 apply mutatis 
mutandis to the compulsory license and secondary use fees referred to in the 
preceding paragraph. In this case,  in Article 70, paragraph (3), the term 
"copyright owner" is deemed to be replaced with "relevant parties"; in Article 
72, paragraph (2), the term "user of the work" is deemed to be replaced with 
"broadcaster or cablecaster  referred to in Article 95, parag raph (1)" and the 
term "copyright owner" is deemed to be replaced with "association referred to 
in paragraph ( 5) of that Article "; and in Article 74, the term "copyright owner" 
is deemed to be replaced with "association referred to in Article 95, paragraph  
(5)". 
 (13) The provisions of the Act on Prohibition of Private Monopolization and 
Maintenance of Fair Trade (Act No. 54 of 1947) do not apply to the mutual 
agreement referred to in paragraph (10) nor to actions taken under it; provided, 
however, that thi s does not apply if unfair trade practices are used or if it 
would unreasonably harm the interests of the enterprises concerned.  
 (14) Beyond what is provided for in paragraphs (5) to (13), necessary particulars 
involving the payment of the secondary use f ees referred to in paragraph (1) 
and concerning the associations under paragraph (5) are provided for by 
Cabinet Order.  
 
 (Right of Transfer)  
Article 95 -2 (1) A performer has the exclusive right to make  that performer's 
performance available to the public through the transfer of a sound or visual 
recording of it.  
 (2) The provisions of the preceding paragraph do not apply to any of the following performances:  
 (i) a performance whose visuals have been recorded with the authorization of 
the owner of the righ t provided for in Article 91, paragraph (1);  
 (ii) a performance as referred to in Article 91, paragraph (2) whose sound or 
visuals have been recorded other than as a sound recording set forth in that 
paragraph.  
 (3) The provisions of paragraph (1) do not apply if a performance is made 
available to the public through the transfer of a sound or visual recording 
(except those referred to in items (i) and (ii) of the preceding paragraph; the 
same applies hereinafter in this Article) that falls under a category  provided 
for in one of the following items:  
 (i) a sound or visual recording of a performance that is transferred to the 
public by the owner of the right set forth in paragraph (1) or a person 
authorized thereby;  
 (ii) a sound or visual recording of a per formance that is transferred to the 
public based on the compulsory license referred to in Article 67, paragraph 
(1), as applied mutatis mutandis pursuant to Article 103;  
 (iii) a sound or visual recording of a performance that is transferred to the 
public based on the application of the provisions of Article 67 -2, paragraph 
(1), as applied mutatis mutandis pursuant to Article 103;  
 (iv) a sound or visual recording of a performance that is transferred to 
exclusive groups made up of a few persons by the owner  of the right set forth 
in paragraph (1) or a person authorized thereby;  
 (v) a sound or visual recording of a performance that is transferred abroad 
without prejudice to any right equivalent to the right set forth in paragraph 
(1), or by the owner of any right equivalent to the right set forth in that 
paragraph or a person authorized thereby.  
 
 (Right to Rent Out) 
Article 95 -3 (1) A performer has the exclusive right to make  that performer's 
performance available to the public by renting out commercial phon ograms 
onto which the sound of the performance has been recorded.  
 (2) The provisions of the preceding paragraph do not apply if the performance is 
made available to the public by the renting out of commercial phonograms that 
have passed beyond the Cabinet -Order -specified period of at least one month 
and no more than 12 months counting from the date of their first sale 
(including the renting out of any phonogram of which reproductions that are 
entirely the same as such commercial phonograms are being made; hereinafter 
referred to as "post -term commercial phonograms").  
 (3) If a person engaged in the business of renting out commercial phonograms to 
the public (hereinafter referred to as a "rental phonogram dealer") makes  a performance available  to the public by renting out a post -term commercial 
phonogram, it must pay a reasonable amount of remuneration to the performer 
whose performance it is (but only during the lifetime of the neighboring rights).  
 (4) The provisions of Article 95, paragraphs (5) to (14) ap ply mutatis mutandis to 
the right to receive the remuneration referred to in the preceding paragraph. 
In this case, the term " broadcaster or cablecaster " in paragraph (10) of that 
Article and the term " broadcaster or cablecaster  referred to in Article 95, 
paragraph (1)" in paragraph (12) of that Article  are deemed to be replaced with 
"rental phonogram dealer referred to in Article 95 -3, paragraph (3)".  
 (5) The right to receive royalties in connection with the authorization of the 
owner of the right provide d for in paragraph (1) may be exercised through an 
association referred to in Article 95, paragraph (5), as applied mutatis 
mutandis pursuant to the preceding paragraph.  
 (6) The provisions of Article 95, paragraphs (7) to (14) apply mutatis mutandis to 
the preceding paragraph. In this case, the provisions of the second sentence of 
paragraph (4) of this Article apply mutatis mutandis.  
 
Section 3 Rights of Producers of Phonograms  
 
 (Right of Reproduction)  
Article 96 The producer of a phonogram has the exclus ive right to reproduce its 
phonograms.  
 
 (Right to Make Available for Transmission)  
Article 96 -2 The producer of a phonogram has the exclusive right to make its 
phonograms available for transmission.  
 
 (Secondary Use of Commercial Phonograms)  
Article 97 (1 ) If a broadcaster or cablecaster  broadcasts or cablecasts a 
commercial phonogram (unless it receives a broadcast transmission and makes 
a cablecast simultaneously, for non -commercial purposes and without charging 
a fee (meaning anything of value received in exchange for presenting the sound 
from the commercial phonogram, regardless of what it is called) to the 
listening or viewing audience), it must pay secondary use fees to the producer 
whose phonogram it is (but only for a phonogram provided for in Artic le 8, 
items (i) to (iv) and only during the lifetime of the neighboring rights).  
 (2) The provisions of paragraphs (2) and (4) of Article 95 apply mutatis mutandis 
to the producer of a phonogram under the preceding paragraph, and the 
provisions of paragrap h (3) of that Article  apply mutatis mutandis to the term 
of protection provided for in the preceding paragraph. In this case, in 
paragraphs (2) to (4) of that Article, the phrase "performer whose performance has been fixed in a phonogram whose producer is the national" is deemed to be 
replaced with "producer of a phonogram that is the national"; and in paragraph 
(3) of that Article, the phrase "term of protection that performers are granted" 
is deemed to be replaced with "term of protection that producers o f phonograms 
are granted".  
 (3) If an association is in existence (including a federation of associations) that 
has as its members a considerable number of persons that produce phonograms 
professionally in Japan, whose consent has been obtained and which h as been 
designated by the Commissioner of the Agency for Cultural Affairs, it is 
permissible for the right to secondary use fees under paragraph (1) to be 
exercised exclusively through such association.  
 (4) The provisions of Article 95, paragraphs (6) to (14) apply mutatis mutandis to 
the secondary use fees referred to in paragraph (1) and to an association as 
referred to in the preceding paragraph.  
 
 (Right of Transfer)  
Article 97 -2 (1) The producer of a phonogram has the exclusive right to make  
that phon ogram available to the public through the transfer of copies thereof.  
 (2) The provisions of the preceding paragraph do not apply if a phonogram is 
made available to the public through the transfer of copies that fall under a 
category provided for in one o f the following items:  
 (i) copies of a phonogram that are transferred to the public by the owner of the 
right provided for in the preceding paragraph or a person authorized 
thereby;  
 (ii) copies of a phonogram that are transferred to the public based on a  
compulsory license referred to in Article 67, paragraph (1), as applied 
mutatis mutandis pursuant to Article 103;  
 (iii) copies of a phonogram that are transferred to the public based on the 
application of the provisions of Article 67 -2, paragraph (1), as  applied 
mutatis mutandis pursuant to Article 103;  
 (iv) copies of a phonogram that are transferred to exclusive groups made up of 
a few persons by the owner of the right provided for in the preceding 
paragraph or a person authorized thereby;  
 (v) copies o f a phonogram that are transferred abroad, without prejudice to 
any right equivalent to the right provided for in the preceding paragraph, or 
by the owner of any right equivalent to the right provided for in that 
paragraph or a person authorized thereby.  
 
 (Right to Rent Out) 
Article 97 -3 (1) The producer of a phonogram has the exclusive right to make  the 
phonogram available to the public by renting out commercial phonograms in which the phonogram has been reproduced.  
 (2) The provisions of the preceding pa ragraph do not apply if the phonogram is 
made available to the public through the rental of post -term commercial 
phonograms.  
 (3) When a rental phonogram dealer makes  a phonogram available  to the public 
by renting out post -term commercial phonograms, it mu st pay a reasonable 
amount of remuneration to the producer whose phonogram it is (but only 
during the lifetime of the neighboring rights).  
 (4) The provisions of Article 97, paragraph (3) apply mutatis mutandis to the 
exercise of the right to receive the r emuneration referred to in the preceding 
paragraph.  
 (5) The provisions of Article 95, paragraphs (6) to (14) apply mutatis mutandis to 
the remuneration referred to in paragraph (3) of this Article and to 
associations referred to in Article 97, paragraph ( 3) as applied mutatis 
mutandis pursuant to the preceding paragraph. In this  case, the provisions of 
the first sentence of Article 95 -3, paragraph (4) apply mutatis mutandis.  
 (6) The right to receive royalties in connection with the authorization of the 
owner of the right provided for in paragraph (1) of this Article may be 
exercised through an association referred to in Article 97, paragraph (3) as 
applied mutatis mutandis pursuant to paragraph (4) of this Article.  
 (7) The provisions of paragraph (5) of t his Article apply mutatis mutandis to the 
preceding paragraph. In this case, in paragraph (5), the phrase "Article 95, 
paragraph (6)" is deemed to be replaced with "Article 95, paragraph (7)".  
 
Section 4 Rights of Broadcasters  
 
 (Right of Reproduction)  
Article 98 A broadcaster has the exclusive right to record sound and visuals from, 
and to reproduce through photography or by any other similar means, the 
sounds or images in its broadcast, based on the receipt of its broadcast 
transmission or based on the re ceipt of a cablecast transmission that has been 
made based on the receipt of its broadcast transmission.  
 
 (Rebroadcasting Rights and Cablecasting Rights)  
Article 99 (1) A broadcaster has the exclusive right to rebroadcast or cablecast its 
broadcast based on the receipt of its broadcast transmission.  
 (2) The provisions of the preceding paragraph do not apply to a cablecast that a 
person that cablecasts based on the receipt of broadcast transmissions is 
required to make pursuant to the provisions of laws an d regulations.  
 
 (Right to Make Available for Transmission)  Article 99 -2 (1) A broadcaster has the exclusive right to make its broadcast 
available for transmission based on the receipt of its broadcast transmission or 
based on the receipt of a cablecast tr ansmission that has been made based on 
the receipt of its broadcast transmission.  
 (2) The provisions of the preceding paragraph do not apply  to a work's being 
made transmissible in connection with an automatic public transmission that a 
person making automatic public transmissions based on the receipt of 
broadcast transmissions is required to make pursuant to the provisions of laws  
and regulations . 
 
 (Right to Communicate Television Broadcasts)  
Article 100 A broadcaster has the exclusive right to use a spe cial instrument that 
enlarges images to communicate its television broadcast to the public based on 
the receipt of its broadcast transmission or based on the receipt of a cablecast 
transmission that has been made based on the receipt of its broadcast 
trans mission.  
 
Section 5 Rights of Cablecasters  
 
 (Right of Reproduction)  
Article 100 -2 A cablecaster has the exclusive right to record sound and visuals 
from, and to reproduce through photography or by any other similar means, 
the sounds or images in its cable cast, based on the receipt of its cablecast 
transmission.  
 
 (Broadcasting Rights and Re-Cablecasting Rights)  
Article 100 -3 A cablecaster has the exclusive right to broadcast and to re -
cablecast its cablecast based on the receipt of its cablecast transmissi on. 
 
 (Right to Make Available for Transmission)  
Article 100 -4 A cablecaster has the exclusive right to make its cablecast available 
for transmission based on the receipt of its cablecast transmission.  
 
 (Right to Communicate Cable Television Broadcasts)  
Article 100 -5 A cablecaster has the exclusive right to use a special instrument 
that enlarges images to communicate its cable television broadcast to the 
public based on the receipt of its cable television broadcast transmission.  
 
Section 6 Term of Protecti on 
 
 (The Term of Protection for Performances, Phonograms, Broadcasts, and Cablecasts)  
Article 101 (1) The duration of neighboring rights begins at the following times:  
 (i) for a performance, the time that the performance takes place;  
 (ii) for a phonogra m, the time that the first fixation of sounds is made;  
 (iii) for a broadcast, the time that the broadcast takes place;  
(iv) for a cablecast, the time that the cablecast takes place.  
 (2) The duration of neighboring rights expires at the following times:  
 (i) for a performance, once 70 years have passed, counting from the year after 
that in which the performance takes place;  
 (ii) for a phonogram, once 70 years have passed, counting from the year after 
that in which the phonogram is published (or once 70 years have passed 
counting from the year after that in which the sounds are first fixed in a 
phonogram, if the work is not published within 70 years counting from the 
year after that in which the sounds are first fixed in a phonogram);  
 (iii) for a broadcast , once 50 years have passed, counting from the year after 
that in which the broadcast takes place;  
 (iv) for a cablecast, once 50 years have passed, counting from the year after 
that in which the cablecast takes place.  
 
Section 7 The Exclusive Nature of a Performer's Moral Rights ; Related 
Matters  
 
 (The Exclusive Nature of a Performer's Moral Rights)  
Article 101 -2 A performer's moral rights are exclusive to that performer, and are 
inalienable.  
 
 (Protection of Moral Interests after the Performer's Death)  
Article 101 -3 Even after the death of the performer, it is prohibited for person 
that makes available  or presents that performer's performance to the public to 
engage in conduct that would be prejudicial to the moral rights of the 
performer if the performer were alive; provided, however, that this does not 
apply if that conduct is found not to contravene the will of the performer in 
light of the nature and extent of the conduct as well as changes in social 
circumstances and other conditions.  
 
Section 8 Limita tions, Transfer, Exercise, and Registration of Rights  
 
 (Limitations on Neighboring Rights)  
Article 102 (1) The provisions of Article 30, paragraph (1)  (excluding item (iv); 
the same applies in paragraph (9), item (i)) ; Articles 30 -2 through 32, Articles 
35, and 36; Article 37, paragraph (3); Article 37 -2 (except item (i); the same applies in the following paragraph ); Article 38, paragraphs (2) and (4); Articles 
41 through 43; Article 44 (except paragraph (2)); Articles 46 through 47 -2; and 
Articles 47 -4 to 47-5 apply mutatis mutandis to the exploitation of a 
performance, phonogram, broadcast, or cablecast that is the subject of 
neighboring rights; the provisions of Article 30, paragraph ( 3) and Article 47 -7 
apply mutatis mutandis to the exploitation of a pe rformance or phonogram 
that is the subject of neighboring rights; the provisions of Article s 33 through 
33-3 apply mutatis mutandis to the exploitation of a performance or cablecast 
that is the subject of neighboring rights;  and the provisions of Article 4 4, 
paragraph (2) apply mutatis mutandis to the exploitation of a performance, 
phonogram, or cablecast that is the subject of neighboring rights. In this case, 
in Article 30, paragraph (1), item (iii), the phrase " an automatic public 
transmission that infri nges a copyright (including an automatic public 
transmission that is transmitted abroad and…)" is deemed to be replaced with 
"an automatic public transmission involving making a work available for 
transmission  that infringes a copyright  (including making a  work available for 
transmission that is undertaken abroad and…)", in Article 44, paragraph (1), 
the phrase "Article 23, paragraph (1)" is deemed to be replaced with "Article 92, 
paragraph (1); Article 99, paragraph (1); or Article 100 -3", and in Article 4 4, 
paragraph (2), the phrase "Article 23, paragraph (1)" is deemed to be replaced 
with "Article 92, paragraph (1) or Article 100 -3". 
 (2) If a performance or phonogram or sounds or images from a broadcast or 
cablecast (hereinafter referred to as a "perform ance, etc.") are reproduced 
pursuant to the provisions of Article 32 ; Article 3 3, paragraph ( 1) (including as 
applied mutatis mutandis pursuant to the provisions of paragraph (4) of that 
Article) ; Article 3 3-2, paragraph ( 1); Article 3 3-3, paragraph ( 1); Article 37, 
paragraph (3) ; Article 37 -2; Article 42; or Article 47, as applied mutatis 
mutandis pursuant to the preceding paragraph, or are reproduced pursuant to 
the provisions of the following paragraph or paragraph (4), and it is common 
practice to indic ate the source, the source must be clearly indicated in the 
manner and to the extent considered reasonable for the circumstances of the 
reproduction.  
 (3) If it is permissible to reproduce a work printed in a school textbook pursuant 
to the provisions of A rticle 33 -3, paragraph (1), it is also permissible to 
reproduce any performance whose sound has been recorded in a sound 
recording made based on the application of the provisions of that paragraph, to 
reproduce any phonogram associated with such sound reco rding, and to present 
the performance or phonogram to the public through the transfer of copies 
thereof, for the purpose referred to in that paragraph.  
 (4) If a person set forth by Cabinet Order that is as referred to in Article 37, 
paragraph (3) and that engages in an undertaking related to the welfare of persons with visual and other such impairments is permitted to reproduce a 
visual work pursuant to the provisions of that paragraph, that person may also 
reproduce any performance whose sound has been re corded in a sound 
recording made based on the application of the provisions of that paragraph, 
may reproduce any phonogram associated with such sound recording, may 
make the performance or phonogram available for transmission, and may 
present the performan ce or phonogram to the public through the transfer of 
copies thereof, for the purpose referred to in that paragraph.  
 (5) A broadcast performance that is the subject of neighboring rights may be 
made available for transmission (but only by the relevant dat a being input into 
an automatic public transmission server that is connected with a public 
telecommunications network), with the objective of allowing an exclusive 
audience within the service area that the broadcast is intended for to receive 
that broadcas t; provided, however, that this does not apply if doing so would 
prejudice the rights of the person that owns the rights provided for in Article 
99-2, paragraph (1) with respect to that broadcast.  
 (6) Unless the provisions of Article 38, paragraph (2) as applied mutatis 
mutandis pursuant to paragraph (1) of this Article are applicable, a person 
that makes a performance available for transmission pursuant to the 
provisions of the preceding paragraph must pay a reasonable amount of 
remuneration to the owner of the right set forth in Article 92 -2, paragraph (1) 
with respect to that performance.  
(7) The provisions of the preceding two paragraphs apply mutatis mutandis to 
the exploitation of a phonogram that is the subject of neighboring rights. In 
this case, in  the preceding paragraph, the phrase "Article 92 -2, paragraph (1)" 
is deemed to be replaced with "Article 96 -2". 
 (8) If it is permissible for a person to broadcast or cablecast a work pursuant to 
the provisions of Article 39, paragraph (1) or Article 40, paragraph (1) or (2), it 
is also permissible for the person to cablecast the work or use a special 
instrument that enlarges images to communicate the work to the public based 
on the receipt of that broadcast or cablecast transmission, and to receive such a  
broadcast transmission and simultaneously make the work available for 
transmission (but only by inputting the data in to an automatic public 
transmission server that is connected with a public telecommunications 
network) with the objective of allowing an e xclusive audience within the 
service area that the broadcast is intended for to receive it.  
 (9) The persons set forth in the following are deemed to have recorded the sound 
or visuals of a performance, etc. or to have reproduced a performance, etc. 
pursua nt to Article 91, paragraph (1), Article 96, Article 98 or Article 100 -2: 
 (i) a person that distributes a copy of a performance, etc. which has been made 
based on the application of the provisions of Article 30, paragraph (1); Article 30-3; Article 31, pa ragraph (1), item (i) or the second sentence of paragraph 
(3); Article 33-2, paragraph (1) ; Article 33-3, paragraph (1)  or (4); Article 35, 
paragraph (1); Article 37, paragraph (3); Article 37 -2, item (ii); Article 41 
through 42 -3; Article 43, paragraph (2 ); Article 44, paragraph (1) or (2); 
Article 47, paragraph (1) or (3); Article 47 -2; or Article 47 -5, paragraph (1) as 
applied mutatis mutandis pursuant to paragraph (1) of this Article, or that 
presents a performance, sounds from a phonogram, or sounds or  images from 
a broadcast or cablecast to the public by means of such a copy, for a purpose 
other than what is provided for in those provisions;  
 (ii) a person that uses a copy of a performance, etc. that has been created 
based on the application of the pro visions of Article 30 -4 as applied mutatis 
mutandis pursuant to paragraph (1) of this Article to exploit that 
performance, etc. with the purpose of personally enjoying or causing another 
person to enjoy  it, irrespective of the manner in which the person ex ploits it ; 
 (iii) a broadcaster or cablecaster that preserves a sound or visual recording 
provided for in Article 44, paragraph (3) as applied mutatis mutandis 
pursuant to paragraph (1) of this Article, in violation of the provisions of 
that paragraph;  
 (iv) a person that uses a copy of a performance, etc. that has been created  
based on the application of the provisions of Article 47 -4; or Article 47 -5, 
paragraph (2) as applied mutatis mutandis pursuant to paragraph (1), to 
exploit that performance, etc. fo r a purpose other than what is provided for 
in those provisions , irrespective of the manner in which the person exploits 
it; 
 (v) a person that distributes a copy of a performance or phonogram that has 
been created  based on the application of the provision s of paragraph (3) or 
(4), or that uses such a copy to present sounds from the performance or 
phonogram to the public, for a purpose other than what is provided for in 
Article 33 -3, paragraph (1) or Article 37, paragraph (3).  
 
 (Relationship with the Moral Rights of Performers)  
Article 102 -2 The provisions of the preceding Article that concern limitations on 
neighboring rights (other than the provisions of paragraphs (7) and (8) of that 
Article) must not be interpreted as affecting the protection of the mor al rights 
of performers.  
 
 (Transfer and E xercise of Neighboring Rights)  
Article 103 The provisions of Article 61, paragraph (1) apply mutatis mutandis to 
the transfer of neighboring rights ; the provisions of Article 62, paragraph (1) to 
the expiry of thos e rights ; the provisions of Article s 63 and 63-2 to the 
authorization to exploit a performance, phonogram, broadcast, or cablecast ; the provisions of Article 65 to the joint authorship of those rights ; the provisions of 
Article 66 to the establishment of a  pledge on those rights ; and the provisions 
of Article 67; Article 67 -2 (except the proviso to paragraph (1)); Article 70 
(except paragraphs (3) and (4)); Articles 71 (limited to the part concerned with 
item (ii)); Article 72; Article  73; and Article 74, p aragraphs (3) and (4) to the 
exploitation of a performance, phonogram, broadcast, or cablecast if the owners 
of neighboring rights cannot  be found ; and the provisions of Article 71 (limited 
to the part concerned with item (i)) ; and Article 74 to the exploi tation of a 
performance or cablecast under the provisions of Articles 33 through 33 -3 as 
applied mutatis mutandis pursuant to the preceding paragraph . In this case, in 
Article 63, paragraph (5), the phrase "Article 23, paragraph (1)" is deemed to 
be replac ed with "Article 92 -2, paragraph (1), Article 96 -2; Article 99 -2, 
paragraph (1); or Article 100 -4", and in Article 70, paragraph (5), the phrase 
"the preceding paragraph" is deemed to be replaced with "Article 67, paragraph 
(1), as applied mutatis mutandis  pursuant to Article 103".  
 
 (Registration of Neighboring Rights)  
Article 104 The provisions of Article 77 and Article 78 (except paragraph (3)) 
apply mutatis mutandis to the registration of neighboring rights. In this case, 
in paragraphs (1), (2), (4), (8 ), and (9) of the latter Article, the phrase "the 
copyright register" is deemed to be replaced with "the register of neighboring 
rights".  
 
Chapter V Compensation for Exploitation in Connection with Limitations of 
a Copyright; Related Matters . 
Section 1 Com pensation for Private Sound and Visual Recording  
 
 (Exercise of the Right to Receive Compensation for Private Sound and Visual 
Recording)  
Article 104 -2 (1) If an association is in existence that has as its purpose the 
exercise of rights on behalf of person s that own the right to receive the 
compensation referred to in Article 30, paragraph ( 3) (including as applied 
mutatis mutandis pursuant to the provisions of Article 102, paragraph (1); the 
same applies hereinafter in this Section ) (hereinafter in this Section  referred 
to as "compensation for private sound and visual recording") (hereinafter in the 
following paragraph and item ( iv) of the following Article  that persons are 
referred to as "right holders"), whose consent has been obtained and which the 
Commi ssioner of the Agency for Cultural Affairs has designated as the only 
association in the country for the relevant category of compensation for private 
sound and visual recording among those set forth in the following (hereinafter 
in this Section  referred t o as a "designated association"), the right to receive compensation for private sound and visual recording may be exercised 
exclusively through the relevant designated association:  
 (i) compensation for private sound and visual recording in connection with  
sound recorded for the purpose of private use (unless the recorded sound is 
exclusively for use with recorded visuals; hereinafter in item ( ii), (a) of the 
following paragraph and Article 104 -4 referred to as "private sound 
recording");  
 (ii) compensation  for private sound and visual recording in connection with 
visuals recorded for the purpose of private use (including visuals recorded 
with recorded sounds used exclusively therewith; hereinafter in item (ii), (b) 
of the following paragraph and Article 104 -4 referred to as "private visual 
recording").  
 (2) A designated association has the authority to act in and out of court on 
behalf of a right holder, in its own name, in connection with the right to receive 
compensation for private sound and visual record ing. 
  
(Designation Criteria)  
Article 104 -3 The Commissioner of the Agency for Cultural Affairs may not make 
a designation under the provisions of paragraph (1) of the preceding Article 
unless the association satisfies the following criteria:  
 (i) it is a general incorporated association;  
 (ii) in a case involving the compensation for private sound and visual 
recording set forth in paragraph (1), item (i) of the preceding Article, it has 
as its members the associations set forth in (a), (c), and (d), or, in  a case 
involving the compensation for private sound and visual recording set forth 
in item (ii) of that paragraph , it has as its members the associations set forth 
in (b), (c), and (d):  
 (a) an association (including a federation of associations) that has  as its 
members persons that own the rights provided for in Article 21 in 
connection with works associated with private sound recording, and which 
is recognized as representing, in Japan, the interests of persons that own 
the right provided for in that Art icle in connection with works associated 
with private sound recording;  
 (b) an association (including a federation of associations) that has as its 
members persons that own the right provided for in Article 21 in 
connection with works associated with priva te visual recording, and which 
is recognized as representing, in Japan, the interests of persons that own 
the right provided for in that Article in connection with works associated 
with private visual recording;  
 (c) an association (including a federation of associations) that has as its 
members a considerable number of persons that perform professionally in Japan;  
 (d) an association (including a federation of associations) that has as its 
members a considerable number of persons who produce phonograms 
professionally in Japan ; 
 (iii) the associations set forth in (a) to (d) of the preceding item satisfy the 
following conditions:  
 (a) they are not -for-profit;  
 (b) their members may freely join and leave;  
 (c) their members have an equal right to vote on reso lutions and in 
elections ; 
 (iv) they have sufficient capacity to properly perform functions involved in 
exercising the right to receive compensation for private sound and visual 
recording (including functions involved in the undertaking referred to in 
Article 104 -8, paragraph (1); hereinafter in this Section  referred to as 
"functions connected with compensation") on behalf of the right holders.  
 
 (Special Provisions on the Payment of Compensation for Private Sound and 
Visual Recording)  
Article 104 -4 (1) A p erson that purchases a machine or recording medium 
specified by Cabinet Order which is as referred to in Article 30, paragraph ( 3) 
(hereinafter in this Article and the following Article  referred to as a "specified 
machine" and a "specified recording medium ", respectively) (limited to persons 
that make the initial purchase of a specified machine or specified recording 
medium after it is retailed), if so requested by the designated association, must 
pay compensation for private sound and visual recording at t he time of the 
purchase, in an amount established for the relevant specified machine or 
specified recording medium pursuant to the provisions of Article 104 -6, 
paragraph (1), as a lump -sum payment representing compensation for private 
sound and visual reco rding, for the private sound recording or private visual 
recording that will be done using that specified machine or specified recording 
medium.  
 (2) A person that pays compensation for private sound and visual recording 
pursuant to the preceding paragraph  may claim a refund of that compensation 
for private sound and visual recording from the designated association, by 
proving that the person uses the specified machine or specified recording 
medium for which the person has paid that compensation exclusively  for 
purposes other than private sound recording and private visual recording.  
 (3) Notwithstanding the provisions of Article 30, paragraph ( 3), a person that 
uses a specified machine for which compensation for private sound and visual 
recording has been p aid as per a request for payment under the provisions of 
paragraph (1) of this Article to do private sound recording or private visual recording on a specified recording medium for which compensation for private 
sound and visual recording has been paid as per a request for payment under 
that paragraph is not required to pay compensation for private sound and 
visual recording at the time of doing such private sound recording or private 
video recording; provided, however, that this does not apply if compensat ion for 
private sound and visual recording has been refunded for the relevant specified 
machine or specified recording medium pursuant to the provisions of the 
preceding paragraph.  
 
(Cooperation by Manufacturers)  
Article 104 -5 If a designated association r equests the payment of compensation 
for private sound and visual recording pursuant to the provisions of paragraph 
(1) of the preceding Article, a person that manufactures or imports specified 
machines or specified recording media in the course of trade (r eferred to as a 
"manufacturer, etc." in paragraph (3) of the following Article) must cooperate 
with the designated association in connection with the request for the payment 
of compensation for private sound and visual recording and in connection with 
its receipt.  
 
 (Amount of Compensation for Private Sound and Visual Recording)  
Article 104 -6 (1) Before exercising the right to receive compensation for private 
sound and visual recording pursuant to the provisions of Article 104 -2, 
paragraph (1), a designated  association must fix the amount of such 
compensation and obtain the approval of the Commissioner of the Agency for 
Cultural Affairs. The same applies if the designated association seeks to 
change such amount.  
 (2) Notwithstanding the provisions of Article  30, paragraph ( 3), if the approval 
referred to in the preceding paragraph has been given, the amount of 
compensation for private sound and visual recording is the amount for which 
such approval has been received.  
 (3) Before applying for the approval refe rred to in paragraph (1) in connection 
with compensation for private sound and visual recording the payment of 
which is requested pursuant to the provisions of Article 104, paragraph (1), a 
designated association must hear the opinions of associations of m anufacturers, 
etc. that are recognized as representing the opinions of manufacturers, etc.  
 (4) The Commissioner of the Agency for Cultural Affairs must not approve the 
amount of compensation for private sound and visual recording to which an 
application f or permission under paragraph (1) pertains, unless it is found to 
be an appropriate amount in consideration of the purport of the provisions of 
Article 30, paragraph (1) (including as applied mutatis mutandis pursuant to 
the provisions of Article 102, para graph (1)) and Article 104 -4, paragraph (1), the ordinary rate of royalties for sound or visual recording, and any other 
circumstances.  
 (5) Before granting the approval referred to in paragraph (1), the Commissioner 
of the Agency for Cultural Affairs must  consult the Culture Council.  
 
 (Rules on the Execution of Functions Connected with Compensation)  
Article 104 -7 (1) Before initiating the functions connected with compensation, a 
designated association must establish rules on the execution of functions 
connected with compensation and notify the Commissioner of the Agency for 
Cultural Affairs thereof. The same applies if the designated association seeks 
to amend such rules.  
 (2) The rules referred to in the preceding paragraph must include the 
particulars of  the distribution of compensation for private sound and visual 
recording (limited to such compensation as paid pursuant to the provisions of 
Article 104 -4, paragraph (1)), and the designated association must establish 
the particulars of the distribution in  consideration of the purport of the 
provisions of Article 30, paragraph ( 3). 
 
 (Expenditures for Undertakings Related to the Protection of Copyright)  
Article 104 -8 (1) A designated association must expend an amount equivalent to 
the Cabinet -Order -specifie d rate of within 20% of the amount of compensation 
for private sound and visual recording (limited to such compensation as paid 
pursuant to the provisions of Article 104 -4, paragraph (1)), for undertakings 
related to the protection of copyright and neighbo ring rights, as well as 
undertakings that contribute to promoting the creation and dissemination of 
works.  
 (2) Before establishing the Cabinet Order referred to in the preceding paragraph 
or drafting an amendment to it, the Commissioner of the Agency for Cultural 
Affairs must consult the Culture Council.  
 (3) If the Commissioner of the Agency for Cultural Affairs finds it to be 
necessary in order to ensure the proper operation of functions related to an 
undertaking referred to in paragraph (1), the Commiss ioner may issue any 
order that is necessary for supervising the relevant functions.  
 
 (Collection of Reports)  
Article 104 -9 If the Commissioner of the Agency for Cultural Affairs finds it to be 
necessary in order to ensure a designated association's proper  operation of 
functions connected with compensation, the commissioner may have the 
designated association report on its functions connected with compensation or 
request it to submit its books, documents, and other materials, or may issue 
any recommendation s necessary for improvement in the way in which the designated association executes its functions connected with compensation.  
 
 (Delegation to Cabinet Order)  
Article 104 -10 Other than what is provided for in this Section , the necessary 
particulars of desi gnated associations and of the functions connected with 
compensation are provided for by Cabinet Order.  
 
Section 2 Compensation for Public Transmission for Classes  
 
(Exercise of the Right to Receive Compensation for Public Transmission for 
Classes)  
Article  104-11 If an association is in existence that has as its purpose the 
exercise of rights on behalf of persons that own the right to receive the 
compensation referred to in Article 35, paragraph (2) (including as applied 
mutatis mutandis pursuant to the pro visions of Article 102, paragraph (1); the 
same applies hereinafter in Article 104 -13, paragraph (2) and Article 104 -14, 
paragraph (2)) (hereinafter in this Section referred to as “compensation for 
public transmission for classes ”) (hereinafter in the foll owing paragraph and 
item ( iv) of the following Article wherein  persons are referred to as "right 
holders"), whose consent has been obtained and which the Commissioner of the 
Agency for Cultural Affairs has designated as the only association in the 
country (hereinafter in this Section referred to as a "designated association"), 
the right to receive compensation for public transmission for classes  may be 
exercised exclusively through the relevant designated association;  
(2) A designated association has the au thority to act in and out of court on behalf 
of a right holder, in its own name, in connection with the right to receive 
compensation for public transmission for classes.  (Designation Criteria)  
 
Article 104 -12 The Commissioner of the Agency for Cultural Af fairs may not 
make a designation under the provisions of paragraph (1) of the preceding 
Article unless the association satisfies the following criteria : 
(i) it is a general incorporated association;  
(ii) it has as its members the following associations:  
(a) an association (including a federation of associations) that has as its 
members persons  that own the rights provided for in Article 23, paragraph 
(1) in connection with works associated with public transmission 
(excluding public transmission referred to in Article 35, paragraph (3); 
hereinafter in this Section referred to as “public transmission for classes”) 
referred to in Article 35, paragraph (1) (including as applied mutatis 
mutandis pursuant to the provisions of Article 102, paragraph (1); the 
same a pplies hereinafter in paragraph (4) of the following Article), and which is recognized as representing  ,in Japan,  the interests of persons  that 
own the right provided for in that paragraph in connection with works 
associated with public transmission for cl asses;  
(b) an association (including a federation of associations) that has as its 
members persons  that own the right provided for in Article 92, paragraph 
(1) and Article 92 -2, paragraph (1) in connection with performances 
associated with public transmiss ion for classes, and which is recognized as 
representing , in Japan,  the interests of persons  that own the right 
provided for in those Articles in connection with performances associated 
with public transmission for classes;  
(c) an association (including a federation of associations) that has as its 
members persons  that own the right provided for in Article 96 -2 in 
connection with phonograms associated with public transmission for 
classes, and which is recognized as representing , in Japan,  the interests of 
persons  that own the right provided for in that Article in connection with 
phonograms associated with public transmission for classes;  
(d) an association (including a federation of associations) that has as its 
members persons  that own the right provided fo r in Article 99, paragraph 
(1) and Article 99 -2, paragraph (1) in connection with broadcasts 
associated with public transmission for classes, and which is recognized as 
representing , in Japan,  the interests of persons  that own the right 
provided for in tho se Articles in connection with broadcasts associated 
with public transmission for classes;  
(e) an association (including a federation of associations) that has as its 
members persons  that own the right provided for in Articles 100 -3 and 
100-4 in connection  with cablecasts associated with public transmission for 
classes, and which is recognized as representing , in Japan  the interests of 
persons  that own the right provided for in those Articles in connection with 
cablecasts associated with public transmission  for classes;  
(iii) the associations set forth in (a) to (e) of the preceding item satisfy the 
following conditions : 
(a) they are non-profit associations ; 
(b) their members may freely join and leave;  
(c) their members have an equal right to vote on resolut ions and in elections;  
(iv) they have sufficient capacity to properly perform functions involved in 
exercising the right to receive compensation for public transmission for 
classes (including functions involved in the undertaking referred to in Article 
104-15, paragraph (1); hereinafter in this Section referred to as "functions 
connected with compensation") on behalf of the right holders.  
 
(Amount of Compensation for Public Transmission for Classes)  Article 104 -13 (1) Before  exercising the right to receive compensation for public 
transmission for classes pursuant to the provisions of Article 104 -11, 
paragraph (1), a designated association must fix the amount of public 
transmission for classes and obtain the approval of the Commissioner of the 
Agency for Cult ural Affairs.  The same applies to cases where  a change in the 
amount is made to the amount .  
(2) Notwithstanding the provisions of Article 35, paragraph (2), if the approval 
referred to in the preceding paragraph has been given, the amount of 
compensation for public transmission for classes is the amount for which that 
approval has been received.  
(3) Before applying for the approval referred to in paragraph (1), a designated 
association must hear the opinions of associations of persons  that establish 
educat ional institutions referred to in Article 35, paragraph (1) where public 
transmission for classes is made and are recognized as representing the 
opinions of persons  that establish educational institutions referred to in that 
paragraph.  
(4) The Commissioner  of the Agency for Cultural Affairs must not approve the 
amount of compensation for public transmission for classes to which an 
application for permission under paragraph (1) pertains, unless it is found to 
be an appropriate amount in consideration of the purport of the provisions of 
Article 35, paragraph (1), the ordinary rate of royalties for public transmission 
(including making it available for transmission, if it is to be transmitted to the 
public via automatic public transmission), and any other circu mstances.  
(5) Before granting the approval referred to in paragraph (1), the Commissioner 
of the Agency for Cultural Affairs must consult the Culture Council.  
 
(Rules on the Execution of Functions Connected with Compensation ) 
Article 104 -14 (1) Before  initiating the functions connected with compensation, a 
designated association must establish rules on the execution of functions 
connected with compensation and notify the Commissioner of the Agency for 
Cultural Affairs thereof. The same applies to cases wher e a change is made to 
rules . 
(2) The rules referred to in the preceding paragraph must include the particulars 
of the distribution of compensation for public transmission for classes, and the 
designated association must establish the particulars of the dis tribution in 
consideration of the purport of the provision of Article 35, paragraph (2).  
 
(Expenditures for Undertakings Related to the Protection of Copyright ) 
Article 104 -15 (1) A designated association must expend an amount equivalent to 
an amount calcu lated pursuant to the provisions of Cabinet Order in 
consideration of how a work, etc. is exploited, expenses for administrative handling related to the distribution of compensation for public transmission for 
classes, or other circumstances, of the total amount of compensation for public 
transmission for classes, for undertakings that relate to protecti ng copyright 
and neighboring rights, as well as undertakings that contribute to promoting 
the creation of works and to their dissemination.  
(2) Before  estab lishing the Cabinet Order referred to in the preceding paragraph 
or drafting an amendment to it, the Commissioner of the Agency for Cultural 
Affairs must consult the Culture Council.  
(3) If the Commissioner of the Agency for Cultural Affairs finds it is ne cessary , in 
order to ensure the proper operation of functions related to an undertaking 
referred to in paragraph (1), the Commissioner may issue any order required  
for supervising the relevant functions.  
 
(Collection of Reports)  
Article 104 -16 If the Commi ssioner of the Agency for Cultural Affairs determines 
that it finds it is necessary , in order to ensure a designated association's 
proper operation of functions connected with compensation, the commissioner 
may stipulate that  the designated association rep ort on its functions connected 
with compensation ; may  request that it submit its books, documents, and other 
materials ; or may issue any recommendations necessary for improvement in 
the way in which the designated association executes its functions connect ed 
with compensation.  
 
(Delegation to Cabinet Order)  
Article 104 -17 Other than what is provided for in this Section, the necessary 
particulars of designated associations and of the functions connected with 
compensation are provided for by Cabinet Order.  
 
Chapter VI Dispute Resolution  
 
 (Mediators in Copyright Dispute Resolution)  
Article 105 (1) In order for disputes concerning the rights provided for in this Act 
to be resolved through mediation, mediators for copyright dispute resolution 
(hereinafter in thi s Chapter referred to as "mediators") are placed on staff at 
the Agency for Cultural Affairs.  
 (2) The Commissioner of the Agency for Cultural Affairs delegates up to three 
mediators for each case, from among persons of learning and experience in 
matters r elated to copyright or neighboring rights.  
 
 (Application for Mediation)  
Article 106 If a dispute arises in connection with a right provided for in this Act, a party to the dispute may file an application for mediation with the 
Commissioner of the Agency f or Cultural Affairs.  
 
(Application Fee) 
Article 107 (1) A person that applies for mediation must pay the application fee 
that has been fixed by Cabinet Order in consideration of actual costs.  
 (2) The provisions of the preceding paragraph do not apply if t he person that 
would be required to pay an application fee pursuant to the provisions of that 
paragraph is the national government . 
 
 (Referral to Mediation)  
Article 108 (1) If the Commissioner of the Agency for Cultural Affairs receives an 
application bas ed on the provisions of Article 106 from both parties, or, if the 
Commissioner receives an application from one of the parties and the other 
party consents, the commissioner is to refer the matter to mediation by the 
mediators.  
 (2) The Commissioner of the  Agency for Cultural Affairs may refrain from 
referring a matter to mediation if the commissioner finds that the nature of the 
case renders it inappropriate for mediation, or if the commissioner finds that a 
party has applied for mediation without due caus e and in pursuit of an 
unjustifiable end.  
 
 (Mediation)  
Article 109 (1) A mediator must endeavor to resolve a case by mediating between 
the parties and ascertaining the salient points of both parties' assertions in 
line with actual circumstances.  
 (2) A me diator may cut the mediation short if the mediator finds there to be no 
prospect of settling the case.  
 
 (Reports)  
Article 110 (1) When a mediation ends, a mediator must report this to the 
Commissioner of the Agency for Cultural Affairs.  
 (2) If a mediator  cuts a mediation short pursuant to the provisions of the 
preceding Article, the mediator must inform the parties of this and of the 
reason for doing so, as well as reporting this to the Commissioner of the 
Agency for Cultural Affairs.  
 
 (Delegation to Cab inet Order)  
Article 111 Beyond what is provided for in this Chapter, the necessary 
particulars of the procedures for mediation and mediators are provided for by 
Cabinet Order.   
Chapter VII Infringement of Rights  
 
 (Right to Demand an Injunction)  
Article 11 2 (1) The author, copyright owner, owner of print rights, performer, or 
owner of neighboring rights, may file a claim against a person who is 
infringing or who is likely to infringe the moral rights of the author, the 
copyright, the print rights, the moral  rights of the performer, or the 
neighboring rights, for the cessation or prevention of such infringement.  
 (2) When filing the demand under the preceding paragraph, the author, 
copyright owner, owner of print rights, performer, or owner of neighboring 
rights may demand the destruction of objects that give rise to an act of 
infringement, objects made through an act of infringement, or machines or 
tools used solely for an act of infringement, or demand that any other measures 
necessary to effect the cessatio n or prevention of infringement be taken.  
 
 (Acts Deemed to Constitute Infringement)  
Article 113 (1) The following acts are deemed to constitute infringement of the 
moral rights of the author, the copyright, the print rights, the moral rights of 
the perfor mer, or the neighboring rights:  
 (i) the importation, for the purpose of distribution in Japan, of an object that 
is made through an act that, were the object to be made in Japan at the time 
of its import, would constitute infringement of the moral rights of the author, 
the copyright, the print rights, the moral rights of the performer, or the 
neighboring rights;  
 (ii) the distribution, possession for the purpose of distribution, offering for 
distribution, exportation in the course of trade, or possession f or the purpose 
of exportation in the course of trade, of an object made through an act that 
infringes the moral rights of the author, the copyright, the print rights, or 
the neighboring rights (including an object imported as referred to in the 
preceding i tem), with knowledge of such infringement.  
(2) The facilitation of the exploitation  of an infringing work, etc. (meaning a work, 
etc. that has been made available for transmission by infringing a copyright 
(excluding the rights provided in Article 28  (limited to those for a derivative 
work created by a method other than translation); hereinafter the same applies 
in this paragraph and the following paragraph ), a print right, or neighboring 
rights ; and including a work, etc. that has been made available for 
transmission abroad where such action would constitute infringement of any of 
these rights if it were undertaken  in Japan ; hereinafter the same applies in 
this paragraph and the following paragraph ) by others through the provision of 
a transmitter identific ation code , or of any code other than a transmitter identification code or any other information the provision of which has an effect 
that is identical or similar to the provision of a transmitter identification code 
(hereinafter in this paragraph and the following paragraph referred to as 
"transmitter identification code , etc. ") (this act is referred to as "facilitation of 
the exploitation  of an infringing work, etc." in the following paragraph) , which 
is carried out  on a website, etc. set forth in item (i ) (referred to as a "website, 
etc. facilitating the exploitation  of an infringing work, etc." in the following 
paragraph and Article 119, paragraph (2), item (iv))  or with the use of a 
computer program set forth in item (ii) (referred to as a "computer pro gram 
facilitating the exploitation  of an infringing work, etc." in the following 
paragraph and paragraph (2), item (v) of the same Article) , is deemed to 
constitute infringement of the copyright, print right or neighboring rights for 
the infringing work, e tc., if the person carrying out  the relevant act knew, or 
there are reasonable grounds to find that the person could have known,  that 
the work, etc. involved in the a ct was an infringing work, etc.:  
(i) the following websites, etc.:  
(a) a website, etc. tha t is found to be deliberately leading the public to an 
infringing work, etc.  on the website, etc. , in light of the circumstance s 
under which words that encourage the use of the transmitter identification 
code, etc.  regarding the infringing work, etc. (here inafter in this Article 
and Article 119, paragraph (2) referred to as an "infringing transmitter 
identification code, etc.") are indicated or the infringing transmitter 
identification code, etc. is emphasized, and any other circumstances under 
which the in fringing transmitter identification code , etc.  is provided on the 
website, etc.;  
(b) a website, other than one set forth in (a), that is found to be used mainly 
for the exploitation of an infringing work, etc.  by the public , in light of the 
number  of infri nging transmitter identification codes, etc. provided on the 
website, the ratio  of that number to the total number of transmitter 
identification codes, etc. provided on the website, the status of 
classification or compilation conducive to the use of the in fringing 
transmitter identification codes, etc., and any other status of provision of 
infringing transmitter identification codes, etc. on the website;  
(ii) the following computer programs:  
(a) a computer program that is found to be deliberately leading the public to 
an infringing work, etc. when providing a transmitter identification code, 
etc. by means of the computer program, in light of the circumstance s under 
which words that encourage the use of the transmitter identification code 
regarding the infrin ging work, etc. are indicated or the infringing 
transmitter identification code, etc. is emphasized, and any other circumstances under which the infringing transmitter identification code, 
etc. is provided by means of the computer program;  
(b) a computer p rogram, other than one set forth in (a), that is found to be 
used mainly for the exploitation of an infringing work, etc.  by the public , in 
light of the number  of infringing transmitter identification codes, etc. 
provided by means of the computer program , the ratio  of that number to 
the total number of transmitter identification codes, etc. provided  by means 
of the computer program , the status of classification or compilation 
conducive to the use of the infringing transmitter identification codes, etc., 
and any other status of provision of infringing transmitter identification 
codes, etc.  by means of the computer program.  
(3) If a person presenting a website, etc. facilitating the exploitation of an 
infringing work, etc. to the public  (excluding a person mer ely providing the 
opportunity to present it to the public on a website, etc. that includes the 
website, etc. facilitating the exploitation of an infringing work, etc. and a 
considerable number of other websites, etc.  (excluding the case where that 
person h as, continuously for a considerable period of time and without 
reasonable grounds,  failed to comply with  a request from the owner of the 
copyright, etc.  for the deletion of the infringing transmitter identification codes, 
etc. provided on the website, etc.  facilitating the exploitation of an infringing 
work, etc. or  there are other special circumstances under which the  person's  
action is found to unreasonably prejudice the interests of the copyright owner )) 
or a person making available or presenting a compu ter program  facilitating the 
exploitation of an infringing work, etc. to the public  (excluding a person merely 
providing the opportunity to make available or present  the computer program  
facilitating the exploitation of an infringing work, etc. to the publ ic on a 
website, etc. that includes the website, etc. used for making available or 
presenting the computer program to the public and a considerable number of 
other websites, etc. or on a website, etc. used for making available or 
presenting to the public t he computer program facilitating the exploitation of 
an infringing work, etc. and a considerable number of computer programs 
(excluding the case where that person has, continuously for a considerable 
period of time and without reasonable grounds, failed to  comply with a request 
from the owner of the copyright , etc. for the deletion of the infringing 
transmitter identification codes, etc. provided by means of the computer 
program facilitating the exploitation of an infringing work, etc. or  there are 
other sp ecial circumstances under which the person's action is found to 
unreasonably prejudice the interests of the copyright owner) ) fails to take 
measures to prevent the facilitation of the exploitation of the infringing work, 
etc. although it is technical ly possible to take these measures,  in cases where 
transmitter identification codes, etc. for the facilitation of the exploitation of the infringing work, etc. by others are provided on the website, etc. facilitating 
the exploitation of an infringing work, etc. or with the use of the computer 
program  facilitating the exploitation of an infringing work, etc., and the person 
knew,  or there are reasonable grounds to find that the person could have 
known,  that the work, etc. involved in the transmitter identification  codes, etc. 
was an infringing work, etc., the person's failure to take those measures is 
deemed to constitute infringement of the copyright, print right or neighboring 
rights for the infringing work, etc.  
(4) The website, etc. provided for in the precedin g two paragraphs means a 
collection of webpages (meaning electronic or magnetic records provided for 
inspection of information using the internet, which are specified by Order of 
the Ministry of Education, Culture, Sports, Science and Technology; 
hereinaft er the same applies in this paragraph)  that have a common part in the 
transmitter identification code to be used to identify each computer on the 
internet (including multiple webpages that constitute part of the collection, 
which satisfy the requirements s pecified by Cabinet Order as those that are 
found to be presented to the public in an integrated manner in light of 
circumstances such as the relationships between the webpages) . 
 (5) The use of a copy made through an act that infringes the copyright to a work 
of computer programming (including copies made by the owner of such copies 
pursuant to the provisions of Article 47 -3, paragraph (1) as well as copies of a 
work of computer programming imported as referred to paragraph (1), item (i) 
and copies made by  the owner of such imported copies pursuant to the 
provisions of Article 47 -2, paragraph (1)) on a computer in the course of 
business is deemed to constitute an infringement of the copyright, but only if 
the person using such copy had knowledge of such inf ringement at the time 
that the person acquired the title to use the copy.  
 (6) The c ircumvention of technological exploitation restriction measures 
(meaning making it possible to view or listen to a  work, etc. that technological 
exploitation restriction me asures have been used to restrict from being view or 
listened to,  by hindering the effect of those technological exploitation 
restriction measures ( unless this is done  based on the intent of the owner of 
the Copyright; Related Matters .); the same applies i n the following paragraph 
Article 120 -2, items (i) and (ii)) is deemed to constitute infringement of the 
copyright, print rights, or neighboring rights connected to those technological 
exploitation restriction measures unless this is done  within a scope th at is  
justified for the purpose of research or technolo gical development in connection 
with technological exploitation restriction measures , or otherwise do es not 
harm the interests of the owner of the Copyright; Related Matters . 
(7) An act of transferring  or renting to the public a command code  (meaning a 
command to a computer by which alone a single result can be obtained) with a function that circumvents technological protection measures or technological 
exploitation restriction measures, manufacturing, importing, or possessing 
such a command code for the purpose of transferring or renting it to the public, 
offering such a command code for public use, transmitting such a command 
code to the public or mak ing it available for transmission is deemed to 
const itute infringement of the copyright, etc. relevant to the technological 
protection measures or the copyright, print right or neighboring rights relevant 
to the technological exploitation restriction measures.  
 (8) The following acts are deemed to constitut e infringement of the moral rights 
of the author, the copyright, the print right, the moral rights of the performer, 
or the neighboring rights to which the relevant rights management information 
pertains:  
 (i) the intentional addition of false information as rights management 
information;  
 (ii) the intentional removal or alteration of rights management information 
(excluding when this is due to technological constraints involved in the 
conversion of recording or transmission methods and any other case in wh ich 
this is found to be unavoidable in light of the purpose and circumstances of 
the exploitation of the work or performance, etc.);  
 (iii) the distribution, importation, or possession for the purpose of distribution, 
of copies of a work or performance, et c. with the knowledge that an act 
referred to in one of the preceding two items has been carried out on such 
work or performance, etc., or the transmission to the public or making 
available for transmission of such work or performance, etc. with knowledge 
of such an act.  
(9) With regard to the application of the provisions of the preceding paragraph, 
the right to receive the remuneration provided for in Article 94 -2; Article 95 -3, 
paragraph (3); and Article 97 -3, paragraph (3) and the right to receive the 
secondary use fees provided for in Article 95, paragraph (1) and Article 97, 
paragraph (1) are deemed to be neighboring rights. In this case, in the 
preceding Article, the phrase "owner of neighboring rights" is deemed to be 
replaced with "owner of neighbor ing rights (including the owner of rights 
deemed to be neighboring rights pursuant to the provisions of paragraph ( 9) of 
the following Article)", and in paragraph (1) of the preceding Article, the 
phrase "neighboring rights" is deemed to be replaced with " neighboring rights 
(including the rights deemed to be neighboring rights pursuant to the 
provisions of paragraph (5) of the following Article)".  
(10) If the owner of a copyright or neighboring rights that personally publishes or 
allows another person to pu blish a commercial phonogram intended for 
distribution in Japan (hereinafter in this paragraph referred to as a 
"commercial phonogram for domestic distribution") personally publishes or allows another person to publish abroad a commercial phonogram that is  the 
same as the commercial phonogram for domestic distribution but that is 
intended exclusively for distribution abroad (hereinafter in this paragraph 
referred to as a "commercial phonogram for foreign distribution"), the knowing 
importation of the commer cial phonogram for foreign distribution for the 
purpose of distribution in Japan; the knowing distribution in Japan of the 
commercial phonogram for foreign distribution; or the knowing possession of 
the commercial phonogram for foreign distribution for the  purpose of 
distribution in Japan, is only deemed to constitute an act that infringes the 
copyright or neighboring rights of the copyright owner or the owner of 
neighboring rights if the profits that these persons would foreseeably obtain 
through the publi cation of the commercial phonogram for domestic distribution 
are unreasonably adversely affected by the distribution in Japan of the 
commercial phonogram for foreign distribution; provided, however, that this 
does not apply with regard to the importation, distribution in Japan, or 
possession for the purpose of distribution in Japan, of a commercial phonogram 
for foreign distribution that is the same as a commercial phonogram for 
domestic distribution which has passed beyond the Cabinet -Order -specified 
perio d of not more than seven years counting from the day on which that 
phonogram is first published in Japan.  
 (11) The exploitation of a work in a way that is prejudicial to the honor or 
reputation of the author is deemed to constitute an infringement of the 
author's moral rights.  
 
 (Special Provisions on the Right of Transfer of a Bona Fide Third Party)  
Article 113 -2 If, at the time a person is transferred the original or a copy of a 
work (excluding a copy of a cinematographic work (if the work is one that ha s 
been reproduced in a cinematographic work, this includes copies of the 
cinematographic work); the same applies hereinafter in this Article), a sound 
or visual recording of a performance, or a copy of a phonogram, the person does 
not know that the origina l or copy of the work, sound or visual recording of the 
performance, or copy of the phonogram does not fall under any of the items of 
Article 26 -2, paragraph (2); Article 95 -2, paragraph (3); or Article 97 -2, 
paragraph (2), respectively, and is not neglige nt in having failed to learn this, 
such person's transfer of the original or copy of the work, the sound or visual 
recording of the performance, or the copy of the phonogram to the public is 
deemed not to constitute an infringement of the rights set forth in Article 26 -2, 
paragraph (1); Article 95 -2, paragraph (1); or Article 97 -2, paragraph (1).  
 
 (Presumption of the Amount of Damage)  
Article 114 (1) If the owner of the Copyright; Related Matters . claims compensation for damage incurred due to infringement , against a person that, 
intentionally or due to negligence, infringes the owner's copyright, print rights, 
or neighboring rights, and the infringer has transferred an object that was 
made through the relevant act of infringement or has made a transmission  to 
the public (or has made the relevant work or performance available for 
transmission, if the object has been transmitted to the public via automatic 
public transmission) that constitutes an act of infringement, the amount 
calculated by multiplying the n umber of objects so transferred or the number 
of copies of the work or performance, etc. that have been made as a result of 
the public's receipt of that transmission to the public (hereinafter in this 
paragraph, copies so received are referred to as "copie s transmitted and 
received" and the number of objects so transferred or of copies transmitted and 
received is referred to as the "number transferred, etc."), by the amount of 
profit per unit from objects (including copies transmitted and received) that 
the owner of the Copyright; Related Matters . could have sold if there had been 
no act of infringement, may be fixed as the amount of damage that the owner of 
the Copyright; Related Matters . has incurred, within the limits of an amount 
proportionate to the abi lity of the owner of the Copyright; Related Matters . to 
sell those  objects or engage in other related acts; provided, however, that if 
there are circumstances due to which the owner of the Copyright; Related 
Matters . would have been unable to sell a number  of objects equivalent to all or 
part of the number transferred, etc., an amount proportionate to the number of 
objects corresponding to such circumstances is deducted from the amount of 
damage thus calculated.  
(2) If a copyright owner, the owner of print rights, or the owner of neighboring 
rights claims compensation for damage incurred due to infringement, against a 
person that, intentionally or due to negligence, infringes the owner's copyright, 
print rights, or neighboring rights, and the infringer has m ade a profit from 
the act of infringement, the amount of that profit is presumed to be the amount 
of damage that the copyright owner, the owner of print rights, or the owner of 
neighboring rights has incurred.  
(3) The copyright owner, the owner of print ri ghts, or owner of neighboring rights 
may fix the amount of damages incurred as being equivalent to the amount of 
money that the owner should have received in connection with the exercise of 
the copyright, print right or neighboring right, and may claim com pensation 
therefor against a person that, intentionally or due to negligence, infringes the 
owner's copyright, print rights or neighboring right.  
 (4) If the copyright owner or owner of neighboring rights claim s compensation 
for damage pursuant to the prov isions of the preceding paragraph  against a 
person that has infringed the owner's copyright or neighboring rights  and the 
copyright or neighboring rights are managed by a copyright manager provided for in Article 2, paragraph (3) of the Copyright Managemen t Business Act (Act 
No. 131 of 2000) under a management entrustment agreement provided for in 
Article 2, paragraph (1) of that Act, the copyright owner or owner of 
neighboring rights may fix the amount provided for in the preceding paragraph 
using  the amou nt of royalties for the work, etc. associated with the copyright 
or neighboring right s, calculated based on th ose of the provision s of the royalty 
rules established by the copyright manager that are provided for in  Article 13, 
paragraph (1) of the Copyrigh t Management Business Act which are applicable 
to the circumstances of the exploitation of the work, etc. associated with the 
act of infringement (if there are several methods for calculat ing that amount,  
this means  the largest of the amounts calculated based on those  methods).  
 (5) The provisions of paragraph (3) do not preclude any claim to compensation 
for damage in excess of the amount referred to therein. In such a case, the 
court may consider the absence of intent or gross negligence by the person tha t 
infringed the copyright, print right s, or neighboring rights, in fixing the 
amount of compensation for the damage.  
 
 (Duty to Clarify Specific Circumstances)  
Article 114 -2 In litigation involving infringement of the moral rights of an author, 
a copyright , print rights, the moral rights of a performer, or neighboring rights, 
if the adverse party denies the specific circumstances of the thing that is being 
asserted, by the author, copyright owner, owner of print rights, performer, or 
owner of neighboring ri ghts, to constitute an act of infringement or to have 
been made through an act of infringement, the adverse party must clarify the 
specific circumstances of the adverse party's own actions; provided, however, 
that this does not apply if there are reasonabl e grounds for the adverse party 
not being able to clarify these.  
 
 (Submission of Documents)  
Article 114 -3 (1) In litigation involving infringement of the moral rights of an 
author, a copyright, print rights, the moral rights of a performer, or 
neighboring  rights, the court, at the petition of a party, may order a party to 
submit documents that are needed to prove the relevant act of infringement or 
to calculate the damage caused by the relevant act of infringement; provided, 
however, that this does not app ly if the person in possession of such documents 
has just cause for refusing to submit them.  
(2) If the court finds it to be necessary in order to judge whether the document 
submitted upon filing the petition referred to in the main clause of the 
preceding  paragraph constitutes the document referred to in the main clause of 
the same paragraph or whether the just cause set forth in the proviso to the 
same paragraph is present, the court may have the person in possession of documents present such documents. I n such a case, no person may request the 
disclosure of any document so presented.  
(3) In a case referred to in the preceding paragraph, if the court finds that it is 
necessary to disclose a document referred to in the second sentence of the 
preceding parag raph and hear opinions with regard to whether the document 
submitted upon filing the petition referred to in the main clause of paragraph 
(1) constitutes the document referred to in the main clause of the same 
paragraph or whether the just cause provided f or in the proviso to the same 
paragraph is present, the court may disclose that document to the parties, etc. 
(meaning the parties (or if a party is a corporation, its representative), or the 
parties' agents (other than litigation representatives and assis tants in court), 
employees, or any other worker; the same applies in Article 114 -6, paragraph 
(1)), their litigation representatives, or their assistants in court.  
(4) In a case referred to in paragraph  (2), if the court find s that it is necessary to 
disclose a document referred to in the second sentence of the same paragraph 
and hear an explanation based on expert knowledge, the court may disclose the 
document to a technical adviser as provided in Part I, Chapter V, Section 2, 
Subsection 1 of the Code of C ivil Procedure (Act No. 109 of 1996), with the 
consent of the parties.  
(5) The provisions of the preceding paragraphs apply mutatis mutandis to the 
presentation of the object of any inspection that is necessary for proving the 
relevant act of infringement in litigation involving infringement of the moral 
rights of an author, a copyright, print rights, the moral rights of a performer, 
or neighboring rights.  
 
 (Duty of the Parties to Explain to an Appraiser)  
Article 114 -4 In litigation involving infringement of a copyright, print rights, or 
neighboring rights, if, at the petition of a party, the court orders an appraisal 
of particulars that are necessary for calculating the damage caused by the 
relevant act of infringement, the parties must explain the particu lars 
necessary for such appraisal to be made to the appraiser.  
 
 (Approval of a Reasonable Amount of Damage)  
Article 114 -5 When damage is found to have been incurred in litigation involving 
infringement of a copyright, print rights, or neighboring rights, if, due to the 
nature of the relevant facts, it is extremely difficult to prove the facts that are 
necessary for proving the amount of damage, the court may approve a 
reasonable amount of damage based on the overall gist of oral proceedings and 
the results  of the examination of evidence.  
 
 (Confidentiality Protective Orders)  Article 114 -6 (1) In litigation involving infringement of the moral rights of an 
author, a copyright, print rights, the moral rights of a performer, or 
neighboring rights, if a prima fa cie showing of circumstances that fall under 
both of following is made with regard to a trade secret kept by a party 
(meaning a trade secret as provided in Article 2, paragraph (6) of the Unfair 
Competition Prevention Act (Act No. 47 of 1993); the same app lies hereinafter), 
the court, at the petition of the party, may issue a ruling  ordering a party, etc., 
litigation representative, or assistant in court not to use the trade secret for 
purposes other than those of pursuing the relevant litigation, or not to  disclose 
the trade secret to persons other than those that are subject to an order under 
the provisions of this paragraph that involves that trade secret; provided, 
however, that this does not apply if the party, etc., litigation representative, or 
assist ant in court has acquired or gained possession of the relevant trade 
secret before the petition is filed, by means other than the perusal of the brief 
referred to in item (i) or the examination of evidence or disclosure referred to 
in that item:  
 (i) a tra de secret kept by a party is detailed in a brief that has already been 
submitted or that must be submitted, or a trade secret is included in the 
content of evidence that has already been examined or that must be 
examined (including documents disclosed purs uant to the provisions of 
Article 114 -3, paragraph (3));  
 (ii) the use of the trade secret referred to in the preceding item for a purpose 
other than pursuing litigation or the disclosure of that trade secret would be 
likely to hinder the business activit ies of the party that are based on that 
trade secret, and it is necessary to restrict such use or disclosure in order to 
prevent such hindrance.  
 (2) A petition for an order under the provisions of the preceding paragraph 
(hereinafter referred to as a "confidentiality protective order ") must be filed in 
writing and detail the following particulars:  
 (i) the person that would be subject to the confidentiality protective order;  
 (ii) facts sufficient to identify the trade secret that would be made the subject  
of the confidentiality protective order;  
 (iii) facts falling under the category of circumstances set forth in the items of 
the preceding paragraph.  
 (3) If a confidentiality protective order has been issued, the written ruling  must 
be served on the perso n that the confidentiality protective order has been 
issued  against . 
 (4) A confidentiality protective order comes into force as from the time at which 
a written ruling  is served on the person that has become subject to the 
confidentiality protective order . 
 (5) An immediate appeal against a ruling  may be filed against a judicial decision denying a petition for a confidentiality protective order.  
 
 (Cancelation of a Confidentiality Protective Order)  
Article 114 -7 (1) A person that petitions for a confidenti ality protective order or a 
person that becomes subject to a confidentiality protective order may file a 
petition with the court that has the case record on file (if there is no such court, 
with the court that issued the order) to cancel the confidentialit y protective 
order, on the grounds that any of the conditions referred to in paragraph (1) of 
the preceding Article are lacking or have come to be lacking.  
 (2) Once the judicial decision is reached on a petition to cancel a confidentiality 
protective orde r, the written ruling  must be served on the person that has filed 
the petition and on the adverse party.  
 (3) An immediate appeal against a ruling  may be filed against a judicial decision 
on a petition to cancel a confidentiality protective order.  
 (4) A j udicial decision canceling a confidentiality protective order does not take 
effect until it becomes final and binding.  
 (5) If the court reaches a judicial decision to cancel a confidentiality protective 
order, and any person other than the person that has  filed the petition to 
cancel the confidentiality protective order or the adverse party is subject to a 
confidentiality protective order involving the relevant trade secret in the 
litigation in which such confidentiality protective order was issued, the co urt 
must immediately notify such person that it has reached a judicial decision to 
cancel the confidentiality protective order.  
 
 (Notice  of a Request to Inspect Case Records ; Related Matters ) 
Article 114 -8 (1) In the event that the ruling  provided for in Article 92, 
paragraph (1) of the Code of Civil Procedure is reached with regard to the case 
record in connection with litigation in which a confidentiality protective order 
has been issued (excluding litigation with regard to which all confidentiality 
protective orders have been cancelled), if a party to the case requests to inspect, 
etc. a portion of the case record in which a secret provided for in that 
paragraph is entered, and the person filing such request is not subject to the 
confidentiality protecti ve order in the relevant litigation, the court clerk, 
immediately after such request is filed, must notify the party that filed the 
petition referred to in that paragraph (unless the person filing that petition is 
the person filing the request; the same ap plies in paragraph (3)) that the 
request has been filed.  
 (2) In a case referred to in the preceding paragraph, the court clerk must not 
allow the person filing the request to inspect, etc. a portion of the case record 
in which a secret as referred to in t hat paragraph is entered, until two weeks 
have passed since the day the court clerk receives the request (or if, during those two weeks, a petition for a confidentiality protective order is filed against 
the person filing the request, the court clerk must not allow the person filing 
the request to inspect, etc. such a portion of the case record until the judicial 
decision on the petition becomes final and binding).  
 (3) The provisions of the preceding two paragraphs do not apply if all parties 
concerned tha t have filed a petition as referred to in Article 92, paragraph (1) 
of the Code of Civil Procedure agree to allow the person filing the request 
referred to in paragraph (1) to inspect, etc. the portions of the case record in 
which the secrets referred to i n that paragraph are entered.  
 
 (Measures to Restore the Author's or Performer's Honor)  
Article 115 An author or performer may file a claim against a person that, 
intentionally or due to negligence, has infringed that author's or performer's 
moral rights, demanding that that person take the appropriate measures to 
ensure that the author or performer is identified as the author or performer, to 
correct modifications to the work or performance, or to restore the author's or 
performer's honor or reputation, ei ther in lieu of or in addition to claiming 
damages.  
 
 (Measures to Protect the Author's or Performer's Moral Interests Posthumously)  
Article 116 (1) After the death of an author or performer, a surviving family 
member (meaning a surviving spouse, child, pa rent, grandchild, grandparent, 
or sibling of the deceased author or performer; the same applies hereinafter in 
this Article) may file the claim referred to in Article 112 against a person that 
violates or is likely to violate the provisions of Article 60 o r Article 101 -3 with 
respect to the relevant author or the performer, and may file the claim referred 
to in the preceding Article against a person that, intentionally or due to 
negligence, infringes the moral rights of the author or performer or violates t he 
provisions of Article 60 or Article 101 -3. 
 (2) The order in which surviving family members are permitted to file the claim 
referred to in the preceding paragraph is the order in which they are listed in 
that paragraph; provided, however, that if the au thor or performer leaves a 
will stipulating a different order, the order given in the will applies.  
(3) An author or performer, in a will, may designate the person that is permitted 
to file the claim referred to in paragraph (1) on behalf of the surviving family 
members. In this case, the designated person may not file such a claim once 70 
years have passed, counting from the year after that in which the author or 
performer dies (or, if surviving family members are still alive at such a time, 
the designated  person may not file such a claim once there are no longer any 
surviving family members).  
  (Infringement with Respect to a Joint Work) 
Article 117 (1) Any one co -author or copyright owner in a joint work may file the 
claim referred to in Article 112, clai m that co -author's or co -owner's personal 
share of compensation for damage due to copyright infringement, or claim the 
return of the benefit of any unjust enrichment in accordance with that co -
author's or co -owner's personal share, without the consent of t he other co -
authors or co -owners of the copyright.  
 (2) The provisions of the preceding paragraph apply mutatis mutandis in 
connection with infringement of a copyright or neighboring rights in co -
ownership.  
 
 (Preservation of Rights to Anonymous and Pseudo nymous Works)  
Article 118 (1) The publisher of an anonymous or pseudonymous work may file 
the claim referred to in Article 112, Article 115, or Article 116, paragraph (1) 
or may claim damages or the return of the benefit of any unjust enrichment in 
that pe rson's own name, on behalf of the author or the owner of the copyright 
to the work; provided, however, that this does not apply if the pseudonym is 
the name by which the author is commonly known or if the true name of the 
author has been registered as refe rred to in Article 75, paragraph (1).  
 (2) A person whose true name or the pseudonym by which the person is 
commonly known is indicated in the customary manner on copies of an 
anonymous or pseudonymous work as the name of the publisher of the work is 
presu med to be the publisher of that work.  
 
Chapter VIII Penal Provisions  
 
Article 119 (1) A person that infringes a copyright, print rights, or neighboring 
rights (other than one that personally reproduces a work or performance, etc. 
for the purpose of private  use as referred to in Article 30, paragraph (1) 
(including as applied mutatis mutandis pursuant to Article 102, paragraph (1); 
same applies in paragraph (3)); one whose action is deemed to constitute 
infringement of a copyright, print rights, or neighbori ng rights pursuant to the 
provisions of Article 113, paragraph s (2), (3) or (6) through (8)  (in the case 
under Article 113, paragraph (8), including rights deemed to be neighboring 
rights pursuant to the provisions of Article 113, paragraph ( 9); the same 
applies in Article 120 -2, item ( v)); one whose action is deemed to constitute 
infringement of a copyright or neighboring rights pursuant to the provisions of 
Article 113, paragraph ( 10); or a person  set forth in item (iii) or (v i) of the 
following paragraph ) is subject to imprisonment for a term of up to ten years, a 
fine of up to ten million yen, or both.  
 (2) A person falling under any of the following items is subject to imprisonment for a term of up to five years, a fine of up to five million yen, or bot h: 
 (i) a person that infringes the moral rights of an author or the moral rights of 
a performer (other than one whose action is deemed to constitute 
infringement of an author's moral rights or a performer's moral rights 
pursuant to the provisions of Artic le 113, paragraph ( 8)); 
 (ii) a person that, for commercial purposes, causes an automated duplicator 
referred to in Article 30, paragraph (1), item (i) to be used to reproduce a 
work or performance, etc. as constitutes an infringement of a copyright, print  
rights, or neighboring rights;  
 (iii) a person that engages in an action that is deemed to constitute 
infringement of a copyright, print rights, or neighboring rights pursuant to 
the provisions of Article 113, paragraph (1);  
(iv) a person that presented a  website, etc. facilitating the exploitation of an 
infringing work, etc. to the public (excluding a person that merely provided 
the opportunity to present to the public on a website, etc. that includes the 
website, etc. facilitating the exploitation of an infringing work, etc. and a 
considerable number of other websites, etc. (meaning the website, etc. 
provided in Article 113, paragraph (4); hereinafter the same applies in this 
item and the following item)  (excluding the case where that person has, 
continuo usly for a considerable period of time and without reasonable 
grounds, failed to comply with a request from the owner  of the copyright , etc. 
for the deletion of the infringing transmitter identification codes, etc. 
provided on the website, etc. facilitatin g the exploitation of an infringing 
work, etc. or there are other special circumstances under which the person's 
action is found to unreasonably prejudice the interests of the owner of the 
copyright, etc. )) 
(v) a person that made available or presented a c omputer program  facilitating 
the exploitation of an infringing work, etc. to the public (excluding a person 
that merely provided the opportunity to make available or present the 
computer program  facilitating the exploitation of an infringing work, etc. to 
the public on a website, etc. that includes the website, etc. used for making 
available or presenting the computer program to the public and a 
considerable number of other websites, etc. or on a website, etc. used for 
making available or presenting to the public the computer program  
facilitating the exploitation of an infringing work, etc. and a considerable 
number of computer programs (excluding the case where that person has, 
continuously for a considerable period of time and without reasonable 
grounds, f ailed to comply with a request from the owner of the copyright , etc. 
for the deletion of the infringing transmitter identification codes, etc. 
provided by means of the computer program facilitating the exploitation of 
an infringing work, etc. or  there are other special circumstances under which the person's action is found to unreasonably prejudice the interests of the 
owner of the copyright, etc. )); 
(vi) a person that engages in an action that is deemed to constitute 
infringement of a copyright pursuant to  the provisions of Article 113, 
paragraph (5).  
 (3) A person falling under one of the following items is subject to imprisonment 
for a term of up to two years, a fine of up to two million yen, or both:  
(i) a person that infringes a copyright or neighboring  rights by digitally 
recording , for the purpose of private use as referred to in Article 30, 
paragraph (1) , the sound or visuals  of a fee-based recorded work, etc.  
(meaning a  work or performance, etc. (limited to one that is the  subject of a 
copyright or n eighboring rights) that has undergone  sound or visual 
recording  and that is being made available or presented to the public for 
value (limited to those that are made available  or presented to the public 
without infringing any copyrights or neighboring righ ts)) that has been 
transmitted to the public via an automatic public transmission that infringe s 
a copyright (including an automatic public transmission that is transmitted 
abroad and that would constitute  copyright infringement if it were 
transmitted in J apan ) or via an automatic public transmission through  the 
action of making a work available for transmission  that infringes 
neighboring rights  (including the action of making a work available for 
transmission that is undertaken abroad and that would consti tute 
neighboring rights infringement if it were undertaken in Japan) (hereinafter 
in this item and the following item referred to as the "specified infringing 
sound or visual recording of a fee -based work, etc.") , knowing that the 
relevant action constitut es a specified infringing sound or visual recording  of 
a fee -based work, etc. ; 
(ii) a person that  continuously or repeatedly  infringes a copyright by digitally 
reproducing, for the purpose of private use as referred to in Article 30, 
paragraph (1), a work (limited to one that is the subject of a copyright; 
hereinafter the same applies in this item)  that is being made available or 
presented to the public for value (limited to those that are made available or 
presented to the public without infringing any cop yrights)  and that has been 
transmitted to the public via an automatic public transmission that infringes 
a copyright (excluding the rights provided in Article 28 (limited to those for a 
derivative work created by a method other than translation); hereinaft er the 
same applies in this item  and paragraph (5) ) (including an automatic public 
transmission that is transmitted abroad and that would constitute copyright 
infringement  if it were transmitted in Japan) (excluding sound and visual 
recording; hereinafter the same applies in this item) (excluding reproduction 
that is minor in light of the percentage of the reproduced part in the relevant work, the accuracy of indications made at the time the part is transmitted 
via automatic public transmission, and other e lements; hereinafter in this 
item and paragraph (5) referred to as "specified infringing reproduction of a 
fee-based work, etc. "), knowing that the relevant action constitutes the 
specified infringing reproduction of a fee -based work, etc. (excluding the c ase 
where there are special reasons for finding that the action would not 
unreasonably prejudice the interests of the copyright owner in light of the 
nature or purpose of the work or the circumstances of the specified infringing 
reproduction of a fee -based  work, etc. ). 
(4) The person set forth in item (i) of the preceding paragraph must not be 
construed as including a person that infringes a copyright or neighboring rights 
by undertaking the specified infringing sound or visual recording of a fee -based 
work , etc. through gross negligence in not knowing the fact that the relevant 
action constitutes the specified infringing sound or visual recording  of a fee -
based work, etc . 
(5) The person set forth in paragraph (3), item (ii) must not be construed as 
includin g a person that continuously or repeatedly infringes a copyright by 
undertaking the specified infringing reproduction of a fee -based work, etc.  
through gross negligence in not knowing the fact that the relevant action 
constitutes the specified infringing r eproduction of a fee -based work, etc . 
 
Article 120 A person that violates the provisions of Article 60 or Article 101 -3 is 
subject to a fine of up to five million yen.  
 
Article 120 -2 A person falling under one of the following items is subject to 
imprisonm ent for a term of up to three years, a fine of up to three million yen, 
or both:  
 (i) a person that transfers or rents to the public a device with a function that 
circumvents technological protection measures or technological exploitation 
restriction measu res (including an easily assembled  set of parts for such a 
device) or copies of a computer program with a function that circumvents 
technological protection measures or technological exploitation restriction 
measures ; manufactures, imports, or possesses such a device or copies of 
such a computer program for the purpose of transferring or renting them to 
the public ; or offers such a device or copies of such a computer program for 
public use ; or a person that transmits that computer program to the public or 
makes it available for transmission (if the device or program has functions 
other than such circumvention functions, this is limited to if  the device or 
program is used to enable the infringement of a Copyright; Related Matters . 
through the circumvention of  technological protection measures or to enable 
acts deemed to constitute the infringements of a copyright, print rights, or the neighboring rights prescribed in the provisions of Article 113, paragraph 
(6) through the circumvention of technological exploi tation restriction 
measures);  
 (ii) a person that, in the course of trade, circumvents technological protection 
measures or technological exploitation restriction measures at the request of 
the public;  
(iii) a person that engages in an action that is deeme d to constitute 
infringement of a copyright, print right or neighboring rights pursuant to the 
provisions of Article 113, paragraph (2);  
(iv) a person that engages in an action that is deemed to constitute 
infringement of a copyright, etc. relevant to the technological protection 
measures or a copyright, print right or neighboring rights relevant to the 
technological exploitation restriction measures pursuant to the provisions of 
Article 113, paragraph (7);  
 (v) a person that, for commercial purposes, engag es in an action that is 
deemed to constitute infringement of an author's moral rights, a copyright, a 
print right, a performer's moral rights, or neighboring rights pursuant to the 
provisions of Article 113, paragraph ( 8); 
 (vi) a person that, for commerci al purposes, engages in an action that is 
deemed to constitute an infringement of a copyright or neighboring rights 
pursuant to the provisions of Article 113, paragraph ( 10). 
 
Article 121 A person that distributes copies of a work that use the true name of  a 
person other than the author or the pseudonym by which a person other than 
the author is commonly known, to indicate the name of the author (including 
copies of derivative works that use the true name of a person other than the 
author of the original wo rk or the pseudonym by which a person other than the 
author of the original work is commonly known, to indicate the name of the 
original author) is subject to imprisonment for a term of up to one year, a fine 
of up to one million yen, or both.  
 
Article 121 -2 A person that reproduces, as a commercial phonogram, a 
commercial phonogram as set forth in either of the following items (or a copy of 
such a commercial phonogram (this includes a copy that is two or more 
intervening reproductions removed from such a  commercial phonogram)), 
distributes copies of a commercial phonogram so reproduced, possesses such 
copies for the purpose of distribution, or offers to distribute such copies (except 
for a person that engages in the relevant reproduction, distribution, poss ession, 
or offer after 70 years have passed, counting from the year after that in which 
the sound is first fixed into the master referred to in the relevant item) is 
subject to imprisonment for a term of up to one year, a fine of up to one million yen, or both:  
 (i) a commercial phonogram that a person in the business of producing 
commercial phonograms in Japan produces from the master of a phonogram 
(other than a phonogram falling under one of the items of Article 8) that is 
made available  by the producer of that phonogram;  
 (ii) a commercial phonogram that a person in the business of producing 
commercial phonograms abroad produces from the master of a phonogram 
(other than a phonogram falling under one of the items of Article 8) that is 
made available  by the producer of that phonogram that is the national of a 
Contracting State of the Convention for the Protection of Performers, etc., 
the national of a World Trade Organization Member State, or the national of 
a Contracting State of the Convention for the Pr otection of Phonograms (the 
nationals of a Contracting State include corporations established based on 
the laws and regulations of that State and corporations that have principal 
offices in that State).  
 
Article 122 A person that violates the provisions of  Article 48 or Article 102, 
paragraph (2) is subject to a fine of up to five hundred thousand yen.  
 
Article 122 -2 (1) A person that violates a confidentiality protective order is 
subject to imprisonment for a term of up to five years, a fine of up to five 
million yen, or both.  
 (2) The offence referred to in the preceding paragraph is also applicable if a 
person commits the offence referred to in that paragraph abroad.  
 
Article 123 (1) Prosecution may not be instituted for the offence referred to in 
Article  119, paragraphs (1) through (3) ; Article 120 -2, item s (iii) through (vi); 
Article 121 -2; and paragraph (1) of the preceding Article, unless an accusation 
is filed by the injured party.  
 (2) The provisions of the preceding paragraph do not apply  to an offence as 
referred to in Article 119, paragraph (1)  that a person  commit s by undertaking 
one of the acts set forth in the following items , either  for the purpose of gaining 
a financial benefit in consideration of the act set forth therein  or for the 
purpose o f damaging the profit that  the owner of the Copyright; Related 
Matters . is expected to gain by making available or presenting a fee-based 
work, etc.:  
 (i) transferring copies of an unaltered original fee -based work, etc. to the public 
or transmitting an unaltered original fee -based work, etc. to the public 
(including making that work available for transmission, if it is to be 
transmitted to the public via automatic public transmission; the same 
applies in the following item) ( but only if  the profit that the owner of the Copyright; Related Matters . is expected to gain by making available or 
presenting that fee-based work, etc. would be  unreasonably damaged in light 
of the nature or purpose of the fee-based work, etc., the number of copies  
that would be  transf erred, the circumstances of the transfer or public 
transmission , or any  other conditions); or  
 (ii) reproducing a fee-based work, etc. for the purpose of transferring copies of 
the unaltered original fee -based work, etc. to the public or  of transmitting 
the unaltered original fee -based work, etc. to the public ( but only if the profit 
that the owner of the Copyright; Related Matters . is expected to gain by 
making available or presenting its fee -based work, etc. would be 
unreasonably damaged in light of the n ature or purpose of the fee-based 
work, etc., the number of  copies that would be reproduced , the circumstances 
of its reproduction , or any other conditions) . 
 (3) The f ee-based work, etc. provided for in the preceding paragraph means a 
work or performance,  etc. (limited to one that is the subject of a copyright, 
print rights , or neighboring rights) made available  or presented to the public 
for value ( other than through an action that  infringe s copyrights, print rights 
or neighboring rights ( for a work made available or presented abroad, this 
means an action would constitute copyright infringement if it took place in 
Japan )). 
 (4) The publisher of an anonymous or a pseudonymous work may file an 
accusation in connection with an offense referred to in paragraph  (1) involving 
such a work; provided, however , that this does not apply in the case specified 
in the proviso to Article 118, paragraph (1), or if the accusation is contrary to 
the express will of the author.  
 
Article 124 (1) If the representative of a corp oration (including the administrator 
of an association or foundation without legal personality) or the agent, 
employee, or other worker of a corporation or person violates the provisions set 
forth in one of the following items in connection with the busine ss of that 
corporation or person, in addition to the offender being subject to punishment, 
the corporation is subject to punishment by the fine prescribed in the relevant 
item and the person is subject to punishment by the fine prescribed in the 
provisions  referred to in the relevant item:  
 (i) Article 119, paragraph (1); Article 119, paragraph (2), item s (iii) through  
(vi); or Article 122 -2, paragraph (1): a fine of up to three hundred million 
yen; 
 (ii) Article 119, paragraph (2), item (i) or (ii) or Arti cle 120 through Article 
122: the fine referred to in the relevant of these provisions.  
 (2) If the provisions of the preceding paragraph are applicable to an association 
or foundation without legal personality, its representative or administrator represent s the association or foundation in any procedural acts and the 
provisions of the Code of Criminal Procedure that are applicable when a 
corporation is the accused or the suspect, apply mutatis mutandis.  
 (3) In the case referred to in paragraph (1), an accu sation lodged against the 
offender or the withdrawal of such an accusation is also effective against the 
corporation or the person concerned, and an accusation lodged against a 
corporation or the person concerned or the withdrawal of such an accusation is 
also effective against the offender.  
 (4) The period of prescription if a corporation or person is subject to a fine, 
pursuant to the provisions of paragraph (1) of this Article, in connection with a 
violation referred to in Article 119, paragraph (1) or ( 2) or Article 122 -2, 
paragraph (1), is the period of prescription for the offense referred to in the 
relevant of those provisions.  
 
Supplementary Provisions [Extract]  
 
 (Effective Date) 
Article 1 This Act comes into effect on January 1, 1971.  
 
 (Transition al Measures with Regard to the Scope of Application)  
Article 2 (1) Provisions of the post-amendment  Copyright Act (hereinafter 
referred to as "the new Act") that concern copyright do not apply to a work for 
which the entirety of the copyright under the pre-amendment  Copyright Act 
(hereinafter referred to as "the former Act") has expired as of the time this Act 
comes into effect.  
 (2) If part of the copyright to a work under the former Act has expired as of the 
time this Act comes into effect, the correspond ing provisions of the new Act 
that concern the expired part of the copyright do not apply to that work.  
 (3) Notwithstanding the provisions of Articles 7 and 8 of the new Act, the 
provisions of the Copyright Act that concern neighboring rights (including t he 
provisions of Articles 94 -2 and 95; Article 95 -3, paragraphs (3) and (4); Article 
97; and Article 97 -3, paragraphs (3) to (5)) apply to a performance that takes 
place before this Act comes into effect (excluding a performance falling under 
one of the it ems of Article 7 of the new Act) and to a phonogram in which 
sounds are first fixed before this Act comes into effect (excluding a phonogram 
falling under one of the items of Article 8 of the new Act) for which a copyright 
under the former Act exists at th e time this Act comes into effect.  
 
 (Transitional Measures for Translations Made by the National or Local 
Government or an Equivalent Corporation ) 
Article 3 The provisions of Article 13, item (iv) of the new Act do not apply to a work that falls under tha t item on which print rights under the former Act 
have been established as of the time this Act comes into effect, but only within 
the lifetime of those print rights.  
 
 (Transitional Measures for the Author of a Work Attributed to a Corporation)  
Article 4 The provisions of Articles 15 and 16 of the new Act do not apply to a 
work created before this Act comes into effect.  
 
 (Transitional Measures for the Ownership of Copyright s to Cinematographic 
Works)  
Article 5 (1) Prior laws continue to govern the  ownersh ip of a copyright to a 
cinematographic as provided in Article 29 of the new Act which has been  
created before this Act comes into effect.  
 (2) The provisions of the new Act do not preclude the validity, pursuant to the 
provisions of Article 24 or 25 of the  former Act, of the ownership of a copyright 
to a photographic work that is included in another work before this Act comes 
into effect, or the ownership of a copyright to a work of photographic 
portraiture created on commission before this Act comes into e ffect from 
becoming valid pursuant to the provisions of Article 24 or 25 of the former Act.  
 
 (Transitional Measures for Automated Duplicators)  
Article 5 -2 With regard to the application of the provisions of Article 30, 
paragraph (1), item (i) and Article 119, paragraph (2), item (ii) of the Copyright 
Act, until otherwise provided for by law, the automated duplicators prescribed 
in these provisions do not include those exclusively used for reproducing  
documents or pictures.  
 
 (Transitional Measures for Artistic Works on Public Display)  
Article 6 The owner of a copyright to an artistic work the original of which is 
permanently installed in the outdoor location provided for in Article 45, 
paragraph (2) of the new Act as of the time this Act comes into effect i s deemed 
to have authorized the exhibition of that work through its installation.  
 
 (Transitional Measures for the Term of Protection)  
Article 7 If the duration of copyright under the former Act for a work made public 
before this Act comes into effect is l onger than the period under Chapter II, 
Section 4 of the new Act,  prior laws continue to govern  the duration of 
copyright for that work.  
 
 (Transitional Measures for the Duration of the Right of Translation)  
Article 8 The provisions of Articles 7 and 9 of the former Act remain in force for a work published before this Act comes into effect.  
 
 (Transitional Measures for the Disposal of a Copyright)  
Article 9 Except in a case falling under the provisions of Article 15, paragraph (1) 
of the Supplementary Provi sions, a transfer or other disposal of a copyright as 
referred to the former Act, which is carried out before this Act comes into effect, 
is deemed to be the corresponding transfer or other disposal of a copyright as 
referred to in the new Act.  
 
 (Transiti onal Measures for Joint Works)  
Article 10 (1) The provisions of Article 13, paragraphs (1) and (3) of the former 
Act remain in force for a work created before this Act comes into effect by two 
or more persons whose contributions to the work can be separate d so as to 
allow each part of the work to be used independently.  
 (2) With regard to the application of the provisions of Article 51, paragraph (2) 
and Article 52, paragraph (1) of the new Act, the work referred to in the 
preceding paragraph is deemed to b e a joint work.  
 
 (Transitional Measures for the Exploitation of a Work Based on a Compulsory 
License)  
Article 11 (1) The provisions of Article 69 of the new Act do not apply to a sound 
recording for producing another commercial phonogram of a musical work  
whose sound has been recorded onto a commercial phonogram that is sold in 
Japan before this Act comes into effect.  
 (2) The person that was to be entitled to exploit a work pursuant to the 
provisions of Article 22 -5, paragraph (2) or Article 27, paragraph  (1) or (2) of 
the former Act is entitled to exploit that work pursuant to continued 
governance by the provisions previously in force.  
 (3) The amount of compensation fixed by the Commissioner of the Agency for 
Cultural Affairs pursuant to the provisions o f Article 22 -5, paragraph (2) or 
Article 27, paragraph (2) of the former Act is deemed to be the amount of 
compensation fixed pursuant to the provisions of Article 68, paragraph (1) or 
Article 67, paragraph (1) of the new Act, and the provisions of Article s 72 and 
73 of the new Act apply.  
 (4) In a case referred to in the preceding paragraph, if a party that is 
dissatisfied with the relevant amount of compensation learns of the issuance of 
a compulsory license before this Act comes into effect, the period p rovided for 
in Article 72, paragraph (1) of the new Act is calculated as from the date on 
which this Act comes into effect.  
 
 (Transitional Measures for Registrations)  Article 12 (1) Except in a case falling under the provisions of Article 15, 
paragraph (3 ) of the Supplementary Provisions, a disposition or process 
connected with the registration of a copyright, registration of the author's true 
name, or registration of the date of first publication as referred to in Article 15 
of the former Act is deemed to  be the disposition or process connected with the 
corresponding registration as referred to in Article 75 to Article 77 of the new 
Act. 
 (2) The provisions of Article 35, paragraph (5) of the former Act remain in force 
for a work whose date of authorship i s registered as referred to in Article 15, 
paragraph (3) of the former Act as of the time this Act comes into effect.  
 
 (Transitional Measures for Print Rights)  
Article 13 (1) Print rights under the former Act that are established before this 
Act comes int o effect and that exist as of the time this Act comes into effect are 
deemed to be print rights under the new Act.  
 (2) A disposition or process connected with the registration of print rights as 
referred to in Article 28 -10 of the former Act that is done before this Act comes 
into effect is deemed to be the corresponding disposition or process connected 
with the registration as referred to in Article 88 of the new Act.  
 (3) Notwithstanding the provisions of Articles 80 through 85 of the new Act, the 
provis ions of Articles 28 -3 to 28 -8 of the former Act remain in force for the 
print rights referred to in paragraph (1) of this Article.  
 
Article 14 [Deleted]  
 
 (Transitional Measures for Neighboring Rights)  
Article 15 (1) A transfer or other disposal of a copyr ight referred to in the former 
Act that is carried out before this Act comes into effect, which is connected 
with a performance that takes place before this Act comes into effect or with a 
phonogram in which sounds are first fixed before this Act comes int o effect and 
to which the provisions of the new Act that concern neighboring rights begin to 
apply from the date on which this Act comes into effect, is deemed to be a 
transfer or other disposal of the corresponding neighboring rights referred to in 
the ne w Act.  
 (2) Notwithstanding the provisions of Article 101 of the new Act, if the day on 
which the duration of copyright expires under the former Act is after the day 
on which the duration expires under the provisions of Article 101 of the new 
Act, the dura tion of neighboring rights linked to a performance or phonogram 
which is provided for in the preceding paragraph and for which a copyright 
under the former Act exists at the time this Act comes into effect is until the 
day on which the duration of copyrigh t expires under the former Act (or, if this falls after the day that marks the passage of 70 years counting from the day on 
which this Act comes into effect, the duration of such neighboring rights is 
until the day that marks the passage of those 70 years) . 
 (3) A disposition or other process connected with the registration of a copyright 
as referred to Article 15, paragraph (1) of the former Act, which is made for a 
performance or phonogram provided for in paragraph (1) of this Article before 
this Act come s into effect, is deemed to be the disposition or other process 
connected with the corresponding registration of neighboring rights as referred 
to in Article 104 of the new Act.  
 (4) The provisions of Article 10, paragraph (1) and Article 12, paragraph (2)  of 
the Supplementary Provisions apply mutatis mutandis to the performance or 
phonograms provided for in paragraph (1) of this Article.  
 
 (Transitional Measures for the Distribution of Copies)  
Article 16 Copies of a work, performance, or phonogram which ha ve been made 
before this Act comes into effect and which would be lawful if the provisions of 
Chapter II, Section 3, Subsection 5 of the new Act (including as applied 
mutatis mutandis pursuant to Article 102, paragraph (1) of the new Act) were 
to be applie d, may be used or distributed within the scope of the purposes of 
reproduction set forth in those provisions. In such a case, the provisions of 
Article 113, paragraph (1), item (ii) of the new Act do not apply.  
 
 (Transitional Measures for Infringement)  
Article 17 Notwithstanding the provisions of Article 14 and Chapter VII of the 
new Act, the provisions of Article 12; Article 28 -11; Article 29; Article 33; 
Article 34; Article 35, paragraphs (1) to (4); Articles 36; and Article 36 -2 of the 
former Act remain  applicable to an act in violation of the provisions of Article 
18, paragraph (1) or (2) of the former Act or falling under the category of piracy 
provided for in Chapter III of the former Act (including an act that infringes on 
print rights) that is perfo rmed before this Act comes into effect.  
 
 (Transitional Measures for Penal Provisions ) 
Article 18 Prior laws continue to govern the applicability  of penal provisions to 
an act ion that a person undertakes  before this Act comes into effect.  
 
Supplementary Pr ovisions [Act No. 49 of May 18, 1978]  
 
 (Effective Date) 
 (1) This Act comes into effect as of the day on which the Convention for the 
Protection of Producers of Phonograms Against Unauthorized Duplication of 
Their Phonograms comes into force with respect to Japan.   
 (Transitional Measures)  
 (2) Provisions of the post -amendment Copyright Act that concern neighboring 
rights do not apply to a phonogram set forth in Article 8, item (vi) of the 
Copyright Act in which sounds are first fixed before this Act comes  into effect.  
 
Supplementary Provisions [Act No. 154 of May 19, 1981] [Extract]  
  
(Effective Date) 
 (1) This Act comes into effect on the date of its promulgation.  
 
Supplementary Provisions [Act No. 78 of December 2, 1983] [Extract]  
 
 (1) This Act (except Article 1) comes into effect on July 1, 1984.  
 (2) Cabinet Order may prescribe the necessary t ransitional measures in relation 
to institutions  and other organizations that have been set in place by  law as of 
the day before the effective date  of this Act and that, on and after the effective 
date of this Act, will come to be in place pursuant to the provisions of the 
National Government Organization Act or pursuant to the provisions of 
Cabinet Orders that are based on  the relevant Acts as amended by this Act 
(hereinafter referred to as " the r elevant Cabinet Orders") , and may prescribe  
other  necessary  transitional measures to establish, amend, or repeal the 
relevant Cabinet Orders due to this Act coming into effect . 
 
Supplementary Provisions [Act No. 23 May 1, of 1984] [Extract]  
 
 (Effective Date) 
 (1) This Act comes into effect 20 days after the date of its promulgation.  
Supplementary Provisions [Act No. 46 of May 25, 1984]  
 
 (Effective Date) 
 (1) This Act comes into effect on January 1, 1985.  
 
 (Repeal of the Interim Measures Act)  
 (2) The Interim Measures Act on the Rights of Authors  and Similar Persons  in 
the Renting of Commercial Phonograms to the Public (Act No. 76 of 1983; 
hereinafter referred to as "the Interim Measure Act") is hereby repealed.  
 
 (Transit ional Measures Accompanying the Repeal of the Interim Measures Act)  
 (3) Notwithstanding the provisions of Article 26 -3, Article 95 -3, and Article 97 -3 
of the post-amendment  Copyright Act, a person that obtains authorization to rent out a commercial phonog ram to the public pursuant to the provisions of 
the Interim Measures Act before this Act comes into effect, may make available  
the work, performance, or phonogram reproduced in the commercial 
phonogram to the public by renting out that commercial phonogram , within the 
scope of the conditions under authorization.  
 (4) The provisions of the Interim Measures Act (including any Cabinet Order 
based on it) remain in force with respect to an act in violation of the provisions 
of Article 4, paragraph (1) of the Int erim Measures Act which takes place 
before this Act comes into effect.  
 
Supplementary Provisions [Act No. 62 of June 14, 1985] [Extract]  
 
 (Effective Date) 
 (1) This Act comes into effect on January 1, 1986; provided, however, that the 
provisions that add Article 76 -2 after Article 76 and the provisions amending  
Article 78, paragraph (1), as well as the provisions of paragraph (6) of the 
Supplementary Provisions, come into effect on the date on which the law 
provided for in Article 78 -2 of the post-amendmen t Copyright Act comes into 
effect.  
 
 (Transitional Measures for Works Made in the Course of Duty) 
 (2) The provisions of Article 15 of the post-amendment  Copyright Act apply to a 
work created after this Act comes into effect; and prior laws continue to gov ern 
a work created before this Act comes into effect.  
 
 (Transitional Measures for the Registration of the Date of Creation)  
 (3) The proviso to Article 76 -2, paragraph (1) does not apply to the registration 
of a copyright as referred to in that paragraph,  for a work of computer 
programming created within the six months before the date on which the law 
provided for in Article 78 -2 of the post-amendment  Copyright Act comes into 
effect, until the day that marks the passage of three months after the date on 
which that law comes into effect.  
 
 (Transitional Measures for the Use of Copies of a Work of Computer 
Programming)  
 (4) The provisions of Article 113, paragraph (2) of the post-amendment  
Copyright Act do not apply to a copy of a work of computer programming  
created before this Act comes into effect which would be lawful and could be 
preserved if the provisions of Article 47 -2 of the post-amendment  Copyright Act 
were to be applied.  
  (Transitional Measures for Penal Provisions ) 
 (5) Prior laws continue to gov ern the applicability  of penal provisions to an 
action that a person undertakes  before this Act comes into effect.  
 
Supplementary Provisions [Act No. 64 of May 23, 1986]  
  
(Effective Date) 
 (1) This Act comes into effect on January 1, 1987.  
 
 (Transitional  Measures for the Ownership of a Copyright to a Work of 
Cinematography for Cablecasting Purposes)  
 (2) Prior laws continue to govern the ownership of a copyright to a 
cinematographic work as provided for in Article 29, paragraph (3) of the post-
amendment  Copyright Act which has been  created before this Act comes into 
effect.  
 
 (Transitional Measures for the Neighboring Rights of Cablecasters and 
Performers)  
 (3) Provisions of the Copyright Act that concern the neighboring rights of a 
cablecaster or performe r (including the provisions of Article 95 and Article 95 -3, 
paragraph s (3) and (4)) do not apply to a cablecast that takes place before this 
Act comes into effect, nor to a performance transmitted in such a cablecast 
(excluding a performance that falls und er a category provided for in Article 7, 
items (i) to (iii) of the Copyright Act).  
 
 (Transitional Measures for Penal Provisions ) 
 (4) Prior laws continue to govern the applicability of penal provisions to an 
action that a person undertakes before this Act  comes into effect . 
Supplementary Provisions [Act No. 65 of May 23,  1986] [Extract]  
 
 (Effective Date) 
 (1) This Act comes into effect on April 1, 1987.  
 
Supplementary Provisions [Act No. 87 of November 1, 1988]  
 
 (Effective Date) 
 (1) This Act comes into effect 20 days after the date of its promulgation.  
 
 (Transitional Measures)  
 (2) The provisions of Article 121, item (ii) of the post-amendment  Copyright Act 
do not apply to the following acts that take place after this Act comes into effect:  
 (i) the rep roduction, as a commercial phonogram, of copies of a commercial 
phonogram that a person in the business of producing commercial 
phonograms in Japan produces from the master of a phonogram (other than 
a phonogram falling under one of the items of Article 8)  that is made 
available  by the producer of that phonogram (referred to as a "commercial 
phonogram produced from a master from a specified foreign country" in the 
following item), for which the day that marks the passage of 20 years 
counting from the year f ollowing the year in which the sounds are first fixed 
into the master (referred to as the "day marking the end the pre-amendment  
prohibition" in the following item) is before this Act comes into effect; or the 
distribution of the copies of such a reproduce d commercial phonogram  as a 
commercial phonogram ; 
 (ii) the distribution of a commercial phonogram in which a commercial 
phonogram produced from a master from a specified foreign country has been 
reproduced on or before the day marking the end the pre-amen dment  
prohibition, and for which the day marking the end the pre-amendment  
prohibition is before this Act comes into effect.  
 
Supplementary Provisions [Act No. 43 of June 28,  1989]  
 
 (Effective Date) 
 (1) This Act comes into effect as of the day on which t he International 
Convention for the Protection of Performers, Producers of Phonograms and 
Broadcasting Organizations comes into force with respect to Japan.  
 
 (Transitional Measures for Performances That Japan Is under the Obligation to 
Protect Pursuant to  Treaty)  
 (2) Provisions of the post-amendment  Copyright Act (hereinafter referred to as 
"the new Act") that concern neighboring rights (including the provisions of 
Articles 95 and 97) do not apply to the following:  
 (i) a performance as set forth in Artic le 7, item (v) of the new Act, which takes 
place before this Act comes into effect;  
 (ii) a phonogram as set forth in Article 8, item (iii) of the new Act, in which 
sounds are first fixed before this Act comes into effect, and which is other 
than as provid ed in the following paragraph ; 
 (iii) a broadcast as set forth in Article 9, item (iii) of the new Act, which takes 
place before this Act comes into effect.  
(3) Prior laws continue to govern  a phonogram as set forth in Article 8, item (iii) 
of the new Act in which sounds have been  first fixed before this Act comes into 
effect and which Japan is under the obligation to protect pursuant to the Convention for the Protection of Producers of Phonograms Against 
Unauthorized Duplication of Their Phonograms.  
 
 (Transitional Measures for Performers Who Are Foreign Nationals without a 
Habitual Residence in Japan)  
 (4) Provisions of the Copyright Act that concern neighboring rights (including 
the provisions of Article 95 and Article 95 -3, paragraphs (3) and (4)) do not  
apply to a performer involved in a performance that takes place before this Act 
comes into effect, who is a foreign national without a habitual residence in 
Japan at the time the performance takes place; provided, however, that this 
does not apply to a pe rformer involved in a performance that takes place before 
the Copyright Act comes into effect and for which a copyright under the former 
Copyright Act (Act No. 39 of 1899) exists at the time the Copyright Act comes 
into effect.  
 
Supplementary Provisions [A ct No. 63 of May 2, 1991]  
 
 (Effective Date) 
 (1) This Act comes into effect on January 1, 1992.  
 
 (Transitional Measures)  
 (2) The provisions of Article 95 -3 of the Copyright Act do not apply to a 
performance as set forth in Article 7, item (v) of the Cop yright Act, which takes 
place before the Act Partially Amending  the Copyright Act (Act No. 43 of 1989; 
referred to as "the Amending  Act of 1989" in item (ii) of the following 
paragraph ) comes into effect.  
 (3) The provisions of Article 97 -3 of the Copyrigh t Act do not apply to the 
following phonograms:  
(i) a phonogram (excluding one set forth in Article 8, item (i) or (ii) of the 
Copyright Act) that Japan is under the obligation to protect pursuant to the 
Convention for the Protection of Producers of Phonog rams Against 
Unauthorized Duplication of Their Phonograms (referred to as "the 
Convention for the Protection of Phonograms" in the following  item and 
paragraph (5), item (iii) of the Supplementary Provisions), and in which 
sounds are first fixed before the  Act Partially Amending  the Copyright Act 
(Act No. 49 of 1978) comes into effect;  
 (ii) a phonogram set forth in Article 8, item (iii) of the Copyright Act 
(excluding one that Japan is under the obligation to protect pursuant to the 
Convention for the Prot ection of Phonograms) in which sounds are first fixed 
before the Amending  Act of 1989 comes into effect.  
 (4) Prior laws continue to govern t he first day of calculation in the period for a post-term commercial phonogram provided for in Article 95 -3, paragr aph (2), in 
connection with the right of the performer or producer of a phonogram to make 
available  a commercial phonogram first sold on a day before this Act comes 
into effect to the public by renting it out (limited to a commercial phonogram in 
which the  sound of a performance set forth in Article 7, items (i) to (iv) has 
been recorded or one in which a phonogram set forth in Article 8, item (i) or (ii) 
has been reproduced).  
 (5) The post-amendment  provisions of Article 121 -2 do not apply to the following  
acts that take place after this Act comes into effect:  
 (i) the reproduction, as a commercial phonogram, of a commercial phonogram 
(or of a copy of a commercial phonogram (this includes a copy that is two or 
more intervening reproductions removed from the  commercial phonogram)) 
that a person in the business of producing commercial phonograms in Japan 
produces from the master of a phonogram (other than a phonogram falling 
under one of the items of Article 8) that is made available  by the producer of 
that ph onogram (referred to as a "commercial phonogram produced from a 
master from a specified foreign country" in the following  item), for which the 
day that marks the passage of 20 years counting from the year following the 
year in which the sounds are first fi xed into the master (referred to as the 
"day marking the end of the twenty -year prohibition" in the following item) 
is before the Act Partially Amending the Copyright Act (Act No. 87 of 1988; 
referred to as "the Amending  Act of 1988" in the following item and item (iii)) 
comes into effect; the distribution of the copies of such a reproduced 
commercial phonogram as a commercial phonogram; or the possession of 
such copies for the purpose of distribution as a commercial phonogram;  
 (ii) the distribution, or th e possession for the purpose of distribution, of a 
commercial phonogram in which a commercial phonogram produced from a 
master from a specified foreign country has been reproduced on or before the 
day marking the end of the twenty -year prohibition, and for  which the day 
marking the end of the twenty -year prohibition is before the Amending  Act of 
1988 comes into effect;  
 (iii) the reproduction, as a commercial phonogram, of a commercial phonogram 
(or of a copy of a commercial phonogram (this includes a copy that is two or 
more intervening reproductions removed from the commercial phonogram)) 
that a person in the business of producing commercial phonograms in a place 
outside the jurisdiction of the Copyright Act produces from the master of a 
phonogram (other t han a phonogram falling under one of the items of Article 
8) that is made available  by the producer of that phonogram that is the 
national of a Contracting State of the International Convention for the 
Protection of Performers, Producers of Phonograms and Broadcasting 
Organizations or of the Convention for the Protection of Phonograms (the nationals of a Contracting State include corporations established based on 
the laws and regulations of that State and corporations that have principal 
offices in that Sta te), for which the day that marks the passage of 20 years 
counting from the year following the year in which the sounds are first fixed 
into the master is before the Amending  Act of 1988 comes into effect; the 
distribution of the copies of such a reproduce d commercial phonogram as a 
commercial phonogram; or the possession of such copies for the purpose of 
distribution as a commercial phonogram.  
 (6) Prior laws continue to govern the applicability of penal provisions to an 
action that a person undertakes bef ore this Act comes into effect . 
 
Supplementary Provisions [Act No. 106 of December 16, 1992]  
 
 (Effective Date) 
(1) This Act comes into effect on the date fixed by Cabinet Order within six 
months from the date of its promulgation; provided, however, that t he 
provisions amending  the Table of Contents; the provisions renumbering 
Chapter VII as Chapter VIII, Chapter VI as Chapter VII, and Chapter V as 
Chapter VI, and adding a new chapter after Chapter IV (except the parts that 
pertain to Article 104 -4, Article  104-5, and Article 104 -8, paragraphs (1) and 
(3)); and the provisions amending Article 17 of the Supplementary Provisions, 
come into effect on the date of promulgation of this Act.  
 
 (Transitional Measures)  
 (2) The provisions of the post-amendment  Copyri ght Act (hereinafter referred to 
as "the new Act") do not apply to private sound recording referred to in Article 
104-2, paragraph (1), item (i) of the new Act nor to private visual recording 
referred to in item (ii) of that paragraph , which is done by mea ns of a specified 
machine referred to in Article 104 -4, paragraph (1) of the new Act which is 
purchased (limited to the initial purchase after the machine is retailed) before 
the day on which this Act comes into effect (hereinafter referred to as "the 
effective date"), on a specified recording medium referred to in that paragraph  
that is purchased before the effective date.  
 (3) If the private sound recording referred to in Article 104 -2, paragraph (1), 
item (i) of the new Act or the private visual recordin g referred to in item (ii) of 
that paragraph  is done by means of a specified machine referred to in Article 
104-4, paragraph (1) of the new Act which is purchased before the effective 
date, on a specified recording medium referred to in that paragraph  whic h is 
purchased after the effective date, compensation for private sound and visual 
recording is deemed to have been paid for the specified machine pursuant to 
the provisions of Article 104 -4, paragraph (1) of the new Act. If the private sound recording ref erred to in Article 104 -2, paragraph (1), item (i) of the new 
Act or the private visual recording referred to in item (ii) of that paragraph  is 
done by means of a specified machine referred to in Article 104 -4, paragraph 
(1) of the new Act which is purchas ed after the effective date, on a specified 
recording medium referred to in that paragraph  which is purchased before the 
effective date, the same applies with regard to the specified recording medium.  
 
Supplementary Provisions [Act No. 89 of November 12, 1 993] [Extract]  
 
 (Effective Date) 
Article 1 This Act comes into effect as of the date on which the Administrative 
Procedure Act comes into effect (Act No. 88 of 1993).  
  
(Delegation to Cabinet Order)  
Article 15 Beyond what is prescribed between Article 2 t o the preceding Article of 
these Supplementary Provisions, necessary transitional measures connected 
with the coming into effect of this Act are provided for by Cabinet Order.  
 
Supplementary Provisions [Act No. 112 of December 14, 1994]  
 
 (Effective Date) 
(1) This Act comes into effect on the date fixed by Cabinet Order within one year 
of the day following that on which the Marrakesh Agreement Establishing the 
World Trade Organization comes into force with respect to Japan.  
 
 (Application of Provisions That Concern Neighboring Rights)  
(2) In the application of the provisions of the Copyright Act that concern 
neighboring rights (including the provisions of Article 95 -3, paragraph s (3) and 
(4)) to a performance set forth in the following that is also set forth  in Article 7, 
item (iv) of the Copyright Act as amended  under the provisions of Article 1 
(hereinafter referred to as "the new Act") (other than a performance that also 
falls under a category set forth in item (i) to item (iii) of that Article), and in 
the application of such provisions to a performance set forth in the following 
that is also set forth in Article 7, item (v) of the new Act, the provisions of 
paragraph (3) of the Supplementary Provisions of the Act Partially Amending  
the Copyright Act (Act No. 64 of 1986); paragraph (2) of the Supplementary 
Provisions of the Act Partially Amending  the Copyright Act (Act No. 43 of 
1989; hereinafter referred to as "the Amending  Act of 1989"); and paragraph 
(2) of the Supplementary Provisions of the Act Partial ly Amending  the 
Copyright Act (Act No. 63 of 1991; referred to as "the Amending  Act of 1991" in 
paragraph (4) of these Supplementary Provisions) do not apply:   (i) a performance that takes place in a World Trade Organization Member 
State;  
 (ii) a performan ce fixed in one of the following phonograms:  
 (a) a phonogram whose producer is the national of a World Trade 
Organization Member State (the nationals of a Member State include 
corporations established based on the laws and regulations of that State 
and co rporations that have principal offices in that State; the same applies 
hereinafter);  
 (b) a phonogram in which sounds are first fixed in a World Trade 
Organization Member State ; 
 (iii) a performance transmitted in one of the following broadcasts (excluding  a 
performance whose sound or visuals are recorded before the transmission 
with the authorization of the performer):  
 (a) the broadcast of a broadcaster that is the national of a World Trade 
Organization Member State;  
 (b) a broadcast made from a broadcast ing facility in a World Trade 
Organization Member State.  
 (3) In the application of the provisions of the Copyright Act that concern 
neighboring rights (including the provisions of Article 95 -3, paragraph s (3) and 
(4)) to a performer involved in a performa nce set forth in one of the items of the 
preceding paragraph, who is a foreign national without a habitual residence in 
Japan at the time the performance takes place, the provisions of paragraph (4) 
of the Supplementary Provisions of the Amending  Act of 19 89 do not apply.  
 (4) In the application of the provisions of the Copyright Act that concern 
neighboring rights (including the provisions of Article 97 -3, paragraph s (3) to 
(5)) to the following phonograms, the provisions of paragraph s (2) and (3) of the 
Supplementary Provisions of the Amending  Act of 1989, and paragraph (3) of 
the Supplementary Provisions of the Amending  Act of 1991 do not apply:  
 (i) a phonogram that is set forth in Article 8, item (iii) of the new Act, and that 
is also set forth in one o f the following:  
 (a) a phonogram whose producer is the national of a World Trade 
Organization Member State;  
 (b) a phonogram in which sounds are first fixed in a World Trade 
Organization Member State ; 
 (ii) a phonogram set forth in Article 8, item (v) of the Copyright Act that 
Japan is under the obligation to protect pursuant to the Convention for the 
Protection of Producers of Phonograms Against Unauthorized Duplication of 
Their Phonograms (referred to as "the Convention for the Protection of 
Phonograms" in paragraph (6) of these Supplementary Provisions).  
 (5) In the application of the provisions of the Copyright Act that concern 
neighboring rights, to a broadcast set forth in the following that is also set forth in Article 9, item (iii) of the new Act, t he provisions of paragraph (2) of 
the Supplementary Provisions of the Amending  Act of 1989 do not apply:  
 (i) the broadcast of a broadcaster that is the national of a World Trade 
Organization Member State;  
 (ii) a broadcast made from a broadcasting facilit y in a World Trade 
Organization Member State.  
 
 (Transitional Measures for the Reproduction of a Commercial Phonogram 
Produced from a Master from a Specified Foreign Country ; Related Matters ) 
 (6) The provisions of the Article 121 -2 of the new Act do not a pply to the 
reproduction, as a commercial phonogram, of a commercial phonogram (or of a 
copy of a commercial phonogram (this includes a copy that is two or more 
intervening reproductions removed from the commercial phonogram)) that a 
person in the business  of producing commercial phonograms in a place outside 
the jurisdiction of the Copyright Act produces from the master of a phonogram 
(other than a phonogram falling under one of the items of Article 8 of the new 
Act) that is made available  by the producer of that phonogram that is the 
national of a World Trade Organization Member State (other than one that is 
also the national of a Contracting State of the International Convention for the 
Protection of Performers, Producers of Phonograms and Broadcasting 
Organizations or of the Convention for the Protection of Phonograms (the 
nationals of these Contracting States include corporations established based on 
the laws and regulations of these States and corporations that have principal 
offices in these States)), for which the day that marks the passage of 20 years 
counting from the year following the year in which the sounds are first fixed 
into the master is before the enforcement of the Act Partially Amending  the 
Copyright Act (Act No. 87 of 1988) , if that repro duction takes place after this 
Act comes into effect ; nor do the provisions of the Article 121 -2 of the new Act 
apply to the distribution of the copies of such a reproduced commercial 
phonogram as a commercial phonogram, or the possession of such copies fo r the 
purpose of distribution as a commercial phonogram , if the distribution or 
possession takes place after this Act comes into effect . 
 
Supplementary Provisions [Act No. 91 of May 12, 1995] [Extract]  
 
 (Effective Date) 
Article 1 This Act comes into effec t 20 days after the date of its promulgation.  
 
Supplementary Provisions [Act No. 117 of December 26, 1996] [Extract]  
 
 (Effective Date)  (1) This Act comes into effect on the date fixed by Cabinet Order within three 
months after the date of its promulgatio n. 
 
 (Transitional Measures for the Term of Protection for Photographic Works)  
 (2) Provisions of the post-amendment  Copyright Act that concern the term of 
protection for a work (referred to as "the new Act" in the following paragraph ) 
apply to a photograp hic work for which a copyright under the pre-amendment  
Copyright Act exists at the time this Act comes into effect; and prior laws 
continue to govern a photographic work for which the copyright under the pre-
amendment  Copyright Act has expired as of the ti me this Act comes into effect.  
 (3) Notwithstanding the new Act, if the day on which the duration expires under 
the provisions of the pre-amendment  Copyright Act that concern the term of 
protection (hereinafter referred to as "the former Act") for a photog raphic work 
created before this Act comes into effect is after the day on which the duration 
expires under the new Act, the duration of copyright for such a photographic 
work is until the day on which the duration expires under the former Act.  
 
Supplementa ry Provisions [Act No. 86 of June 18, 1997]  
 
 (Effective Date) 
 (1) This Act comes into effect on January 1, 1998.  
 
 (Transitional Measures for Works Put into a Form That Allows Them to Be 
Transmitted via Automatic Public Transmission)  
 (2) The provisions of Article 23, paragraph (1); Article 92 -2, paragraph (1); and 
Article 96 -2 of the post-amendment  Copyright Act (hereinafter referred to as 
"the new Act") do not apply if the person that has made available for 
transmission via automatic public transmission , a work, performance (limited 
to one set forth in Article 92, paragraph (2) item (ii) of the pre-amendment  
Copyright Act (hereinafter referred to as "the former Act")) or phonogram that 
has been put into a form that allows it to be transmitted via automat ic public 
transmission as of the time this Act comes into effect (if the person that makes 
a work, performance, or phonogram available for transmission and the person 
that, as of the time this Act comes into effect, has used the automatic public 
transmissi on server , as referred to in Article 2, paragraph (1), item (ix) -5 of the 
new Act in connection with the relevant work, performance, or phonogram  
available for transmission , to put the relevant work, performance, or 
phonogram  into a form that allows it to be transmitted via automatic public 
transmission are different persons, this means the person that has put the 
work, performance, or phonogram into a form that allows it to be transmitted 
via automatic public transmission), uses the relevant automatic publ ic transmission server to make the work, performance, or phonogram available 
for transmission.  
 (3) The provisions of Article 92, paragraph (1) of the former Act remain in force 
even after this Act comes into effect, with respect to a performance (other th an 
one set forth in Article 92, paragraph (2), item (ii)) that has been put into a 
form that allows it to be transmitted via automatic public transmission as of 
the time this Act comes into effect.  
 
 (Transitional Measures for Penal Provisions ) 
 (4) Prior laws continue to govern the applicability of penal provisions to an 
action that a person undertakes before this Act comes into effect . 
 
Supplementary Provisions [Act No. 101 of June 12, 1998] [Extract]  
 
 (Effective Date) 
Article 1 This Act comes into effec t on April 1, 1999.  
 
Supplementary Provisions [Act No. 43 of May 14, 1999] [Extract]  
 
 (Effective Date) 
Article 1 This Act comes into effect as of the effective date of the Act on Access to 
Information Held by Administrative Organs (Act No. 42 of 1999; her einafter 
referred to as "the Act on Access to Information").  
 
 (Transitional Measures Accompanying the Partial Amendment  of the Copyright 
Act) 
Article 2 The provisions of Article 18, paragraph (3) of the Copyright Act as 
amended  under the provisions of Art icle 11 do not apply to a work not yet made 
public (which includes a work made public without the consent of the author) 
that the author makes available , before this Act comes into effect, to an 
administrative organ or local public entity provided for in A rticle 2, paragraph 
(1) of the Act on Access to Information.  
 
Supplementary Provisions [Act No. 77 of June 23, 1999] [Extract]  
 
 (Effective Date) 
 (1) This Act comes into effect on January 1, 2000; provided, however, that the 
provisions that add two items after Article 2, paragraph (1), item (xix); the 
provisions amending  Article 30, paragraph (1); the provisions amending  Article 
113; the provisions amending  Article 119; the provisions that add an Article 
after Article 120; the provisions amending  Article 1 23, paragraph (1); the provisions amending  Article 5 -2 of the Supplementary Provisions [Act No. 49 of 
1970]; and the provisions of paragraph (5) of the Supplementary Provisions 
[Act No. 77 of 1999] come into effect on October 1, 1999.  
 
 (Transitional Measu res) 
 (2) The provisions of Article 26 -2, paragraph (1); Article 95 -2, paragraph (1); and 
Article 97 -2, paragraph (1) of the post-amendment  Copyright Act do not apply 
in a case that involves the transfer of the original or a copy of a work, a sound 
or visu al recording of a performance, or a copy of a phonogram, any of which 
exists as of the time this Act comes into effect (but only one made without 
prejudice to the rights of the person who owns the right set forth in Article 21, 
Article 91, paragraph (1) or  Article 96 of the Copyright Act; excluding copies 
made by the owner of print rights).  
 (3) The provisions of Article 26 -2, paragraph (1) of the post-amendment  
Copyright Act do not apply to the distribution, by a person that holds a print 
right established  before this Act comes into effect and in existence at the time 
this Act comes into effect, of copies of the work that is subject to that print 
right, during the duration of the print right.  
 (4) Prior laws continue to govern t he distribution, after the ex piration of a print 
right (limited to one established before this Act comes into effect) by a person 
that formerly held that print right, of copies of a work made during the 
duration of that print right.  
 (5) During the period from October 1, 1999, to the day before that on which this 
Act comes into effect, the phrases "Article 95 -3, paragraph (3)" and "Article 97 -
3, paragraph (3)" in Article 113, paragraph (4) of the post-amendment  
Copyright Act are deemed to be replaced with "Article 95 -2, paragraph (3)" and 
"Article 97 -2, paragraph (3)", respectively.  
 (6) If the effective date of the Act to Adjust  Related Acts to Coordinate with  the 
Coming into Effect  of the Act on Access to Information Held by Administrative 
Organs (Act No. 43 of 1999; hereinafter refer red to as "the adjustment  Act" 
falls after the date on which this Act comes into effect, in Article 47 -3 of the 
post-amendment  Copyright Act the phrase "Article 42, Article 42 -2" is deemed 
to be replaced with "Article 42" and the phrase "Article 42 or 42 -2" is deemed 
to be replaced with "or Article 42", until the day before the effective date of the 
adjustment  Act. 
 (7) Prior laws continue to govern the applicability of penal provisions to an 
action that a person undertakes before this Act comes into effect  and to an 
action  that a person undertakes  after this Act comes into effect but that prior 
laws continue to govern  pursuant to the provisions of paragraph (4) of the 
Supplementary Provisions.  
 Supplementary Provisions [Act No. 160 of December 22, 1999] [Ex tract]  
 
 (Effective Date) 
Article 1 This Act (except Articles 2 and 3) comes into effect on January 6, 2001; 
provided, however, that the provisions set forth in each of the following items 
come into effect as of the day specified in the relevant item:  
 
Supplementary Provisions [Act No. 220 of December 22, 1999] [Extract]  
 
 (Effective Date) 
Article 1 This Act (except Article 1) comes into effect on January 6, 2001  
 
 (Delegation to Cabinet Order)  
Article 4 Beyond what is prescribed in the preceding two Articl es, necessary 
transitional measures connected with the coming into effect of this Act are 
provided for by Cabinet Order.  
 
Supplementary Provisions [Act No. 56 of May 8, 2000] [Extract]  
 
 (Effective Date) 
 (1) This Act comes into effect on January 1, 2001; provided, however, that the 
provisions of Article 1 amending  Article 58 of the Copyright Act and the 
provisions of Article 2 come into effect as o the day on which the WIPO 
Copyright Treaty comes into force with respect to Japan.  
 
 (Transitional Measures f or the Approval of an Amount of Damage)  
 (2) The provisions of Article 114 -4 of the Copyright Act as amended  under the 
provisions of Article 1 do not apply to a case for which oral arguments before 
the high court or district court that constitutes the cour t of second instance 
have finished before this Act comes into effect, nor do such provisions apply to 
a case for which a party, before this Act comes into effect, reserves the right to 
a final appeal but agrees not to appeal to the court of second instance  against a 
summary court decision or a decision that the district court has reached as the 
court of first instance.  
 
 (Transitional Measures for Penal Provisions ) 
 (3) Prior laws continue to govern the applicability of penal provisions to an 
action that a person undertakes before this Act comes into effect . 
 
Supplementary Provisions [Act No. 131 of November 29, 2000] [Extract]  
  (Effective Date) 
Article 1 This Act comes into effect on October 1, 2001; provided, however, that 
the provisions of Article 9 of t he Supplementary Provisions come into effect on 
the date of this Act's promulgation.  
 
Supplementary Provisions [Act No. 140 of December 5, 2001] [Extract]  
 
 (Effective Date) 
Article 1 This Act comes into effect on the date fixed by Cabinet Order within one  
year from the date of its promulgation.  
 
 (Transitional Measures Accompanying the Partial Amendment of the Copyright 
Act) 
Article 7 The provisions of Article 18, paragraph (3) (limited to the part 
concerned with  item (ii)) of the Copyright Act as amended under the provisions 
of the preceding Article do not apply to a work not yet made public ( this 
includes  a work made public without the consent of its author) which has been  
made available  to an incorporated administrative agenc y, etc. by its author 
before the provisions of the preceding Article come into effect.  
 
Supplementary Provisions [Act No. 72 of June 19, 2002] [Extract]  
 
 (Effective Date) 
 (1) The provisions of this Act come into effect as of the day specified in each of 
the following items, in accor dance with the categories set forth in those items:  
 (i) the provisions amending  Article 7; the provisions amending  Article 8; the 
provisions amending  Article 95; the provisions amending  Article 95 -3; the 
provisions amending  Article 97; and the provisions amending  Article 97 -3, 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") comes into force 
with respect  to Japan;  
 (ii) the provisions amending  the Table of Contents (limited to the parts 
renumbering Article 100 -4 as Article 100 -5); the provisions amending  Article 
89, paragraph (4); the provisions that add an Article after Article 99; the 
provisions of Chap ter IV, Section 5 renumbering Article 100 -4 as Article 100 -
5 and adding an Article after Article 100 -3; and the provisions amending  
Article 103: January 1, 2003;  
 (iii) provisions other than those referred to in the preceding two paragraphs: 
the day on whi ch the WPPT comes into force with respect to Japan or 
January 1, 2003, whichever is earlier.   
 (Application of Provisions That Concern Neighboring Rights)  
 (2) In the application of the provisions of the post-amendment  Copyright Act 
(referred to hereinafte r as "the new Act") that concern neighboring rights 
(including the provisions of Article 95 and Article 95 -3, paragraphs (3) and (4)) 
to a performance set forth in the following that is also set forth in Article 7, 
item (iv) of the new Act (excluding a per formance that also falls under a 
category set forth in Article 7, items (i) to (iii)), and in the application of such 
provisions to a performance set forth in the following that is also set forth in 
Article 7, item (v) of the new Act, the provisions of par agraph (3) of the 
Supplementary Provisions of the Act Partially Amending  the Copyright Act 
(Act No. 64 of 1986); paragraph (2) of the Supplementary Provisions of the Act 
Partially Amending  the Copyright Act (Act No. 43 of 1989; hereinafter referred 
to as " the Amending  Act of 1989"); and paragraph (2) of the Supplementary 
Provisions of the Act Partially Amending  the Copyright Act (Act No. 63 of 
1991; hereinafter referred to as "the Amending  Act of 1991") do not apply:  
 (i) a performance that takes place in a  Contracting Party to the WPPT;  
 (ii) a performance fixed in one of the following phonograms:  
 (a) a phonogram whose producer is the national of a Contracting Party to 
the WPPT (the nationals of a Contracting Party include corporations 
established based on  the laws and regulations of that Party and 
corporations that have principal offices in that Party; the same applies 
hereinafter);  
 (b) a phonogram in which sounds were first fixed in a Contracting Party to 
the WPPT.  
(3) In the application of the provision s of the new Act that concern neighboring 
rights (including the provisions of Article 95 and Article 95 -3, paragraphs (3) 
and (4)), to a performer involved in a performance set forth in one of the items 
of the preceding paragraph, who is a foreign national  without a habitual 
residence in Japan at the time the performance takes place, the provisions of 
paragraph (4) of the Supplementary Provisions of the Amending  Act of 1989 do 
not apply.  
(4) In the application of the provisions of the new Act that concern n eighboring 
rights (including the provisions of Article 97 and Article 97 -3, paragraphs (3) to 
(5)), to the following phonograms, the provisions of paragraphs (2) and (3) of 
the Supplementary Provisions of the Amending  Act of 1989 and paragraph (3) 
of the S upplementary Provisions of the Amending  Act of 1991 do not apply:  
 (i) a phonogram set forth in the following that is also set forth in Article 8, 
item (ii) of the new Act:  
 (a) a phonogram whose producer is the national of a Contracting Party to 
the WPPT;   (b) a phonogram in which sounds were first fixed in a Contracting Party to 
the WPPT ; 
 (ii) a phonogram set forth in Article 8, item (iv) of the new Act that Japan is 
under the obligation to protect pursuant to the Convention for the Protection 
of Produce rs of Phonograms Against Unauthorized Duplication of Their 
Phonograms.  
 
 (Transitional Measures for the Moral Rights of Performers)  
 (5) The provisions of Article 90 -2, paragraph (1) and Article 90 -3, paragraph (1) 
of the new Act do not apply to a performa nce fixed in a sound or visual 
recording that is made with the authorization of the performer before this Act 
comes into effect; provided, however, that this does not apply if the indication 
of the name of the performer involved in that performance which i s indicated 
for that performance is deleted or altered after this Act comes into effect, if the 
name of the performer is newly indicated for the performance after this Act 
comes into effect, or if the performance is altered after this Act comes into 
effect . 
 
 (Transitional Measures for the Secondary Use of Commercial Phonograms)  
 (6) Notwithstanding the provisions of Article 95, paragraph (2) of the new Act, 
the application of the provisions of paragraph (1) of the new Act is governed by 
the provisions of p aragraph (4) of that Article, for a performer involved in a 
performance that is fixed in a phonogram whose producer is the national of a 
country that is a Contracting State of the International Convention for the 
Protection of Performers, Producers of Phon ograms and Broadcasting 
Organizations (referred to as "the Convention for the Protection of Performers, 
etc." in this and the following paragraph ) as well as being a Contracting Party 
to the WPPT, and which is fixed in that phonogram before the day on whic h 
the Convention for the Protection of Performers, etc. comes into force with 
respect to Japan.  
 (7) Notwithstanding the provisions of Article 95, paragraph (2) of the new Act as 
applied mutatis mutandis pursuant to the provisions of Article 97, paragraph 
(2) of the new Act, the application of the provisions of Article 97, paragraph (2) 
of the new Act is governed by the provisions of Article 95, paragraph (4) of the 
new Act as applied mutatis mutandis pursuant to the provisions of Article 97, 
paragraph (2) of the new Act, for the producer of a phonogram that is the 
national of a country that is a Contracting State of the Convention for the 
Protection of Performers, etc. as well as being a Contracting Party to the 
WPPT, and in whose phonogram sounds are first  fixed before the day on which 
the Convention for the Protection of Performers, etc. comes into force with 
respect to Japan.   
 (Transitional Measures for the Term of Protection for Phonograms)  
 (8) The provisions of Article 101, paragraph (2), item (ii) of  the new Act apply to 
a phonogram for which neighboring rights under the pre-amendment  Copyright 
Act exist at the time this Act comes into effect; and prior laws continue to 
govern a phonogram for which the neighboring rights under the pre-
amendment  Copyri ght Act have expired as of the time this Act comes into 
effect.  
 
Supplementary Provisions [Act No. 61 of May 30, 2003] [Extract]  
 
 (Effective Date) 
Article 1 This Act comes into effect as of the effective date of the Act on the 
Protection of Personal Infor mation Held by Administrative Organs.  
 
 (Delegation of Other Transitional Measures to Cabinet Order)  
Article 4 Beyond what is prescribed in the preceding two Articles, necessary 
transitional measures connected with the coming into effect of this Act are 
provided for by Cabinet Order.  
 
Supplementary Provisions [Act No. 85 of June 18, 2003] [Extract]  
 
 (Effective Date) 
Article 1 This Act comes into effect on January 1, 2004.  
 
 (Transitional Measures for the Term of Protection for Cinematographic Works)  
Articl e 2 The provisions of Article 54, paragraph (1) of the post-amendment  
Copyright Act (referred to as "the new Act" in the following Article ) apply to a 
cinematographic work for which a copyright under the pre-amendment  
Copyright Act exists at the time this Act comes into effect; and prior laws 
continue to govern a cinematographic work for which the copyright under the 
pre-amendment  Copyright Act has expired as of the time this Act comes into 
effect.  
Article 3 Notwithstanding the provisions of Article 54, par agraph (1) of the new 
Act, if the day on which the duration of copyright expires under the former 
Copyright Act (Act No. 39 of 1899) is after the day on which the duration 
expires under the provisions of Article 54, paragraph (1) of the new Act, the 
durati on of copyright for a cinematographic work that is created before the 
Copyright Act comes into effect and which prior laws continue to govern  
pursuant to the provisions of Article 7 of the Supplementary Provisions of that 
Act is until the day on which the duration of copyright expires under the former Copyright Act.  
 
 (Transitional Measure for Penal Provisions ) 
Article 4 Prior laws continue to govern the applicability of penal provisions to an 
action that a person undertakes before this Act comes into effec t. 
 
Supplementary Provisions [Act No. 119 of July 16, 2003] [Extract]  
 
 (Effective Date) 
Article 1 This Act comes into effect as of the effective date of the Local 
Independent Administrative Agencies Act (Act No. 118 of 2003).  
 
 (Delegation of Other Transi tional Measures to Cabinet Order)  
Article 6 Beyond what is prescribed in these Supplementary Provisions, 
transitional measures that are necessary in connection with the coming into 
effect of this Act are provided for by Cabinet Order.  
 
Supplementary Provis ions [Act No. 84 of June 9, 2004] [Extract]  
 
 (Effective Date) 
Article 1 This Act comes into effect on the date fixed by Cabinet Order within one 
year from the date of its promulgation.  
 
Supplementary Provisions [Act No. 92 of June 9, 2004] [Extract]  
 
 (Effective Date) 
Article 1 This Act comes into effect on January 1, 2005.  
 
 (Transitional Measures for the Importation of Commercial Phonograms)  
Article 2 The provisions of Article 113, paragraph (5) of the post-amendment  
Copyright Act do not apply to a comme rcial phonogram for foreign distribution 
provided for in that paragraph which is imported before this Act comes into 
effect and which a person possesses for the purpose of distribution at the time 
this Act comes into effect.  
Article 3 In the application of  the provisions of Article 113, paragraph (5) of the 
post-amendment  Copyright Act to a commercial phonogram for domestic 
distribution provided for in that paragraph which has been published as of the 
time this Act comes into effect, in the proviso to that paragraph, the phrase 
"day on which that phonogram is first published in Japan" is deemed to be 
replaced with "effective date of the Act Partially Amending  the Copyright Act 
(Act No. 92 of 2004), if that commercial phonogram for domestic distribution has b een published as of the day on which it comes into effect", and the phrase 
"that has passed beyond" is deemed to be replaced with "after it has passed 
beyond".  
 
 (Transitional Measures for the Renting Out of Books)  
Article 4 The provisions of Article 4 -2 of the Supplementary Provisions of the 
pre-amendment  Copyright Act remain in force even after this Act comes into 
effect, with respect to the renting out of books or magazines (excluding those 
consisting mainly of sheet music) that a person possesses for th e purpose of 
renting them out to the public as of the first day of the month two months after 
the month that includes the day of promulgation of this Act.  
 
Supplementary Provisions [Act No. 120 of June 18, 2004] [Extract]  
 
 (Effective Date) 
Article 1 This Act comes into effect on April 1, 2005.  
 
 (Principles of Transitional Measures)  
Article 2 Unless otherwise stipulated in these Supplementary Provisions, the 
provisions (except penal provisions ) of the Courts Act, the Code of Civil 
Procedure, the Act on the  Costs of Civil Proceedings, the Patent Act, the Utility 
Model Act, the Design Act, the Trademarks Act, the Prevention of Unfair 
Competition Act, and the Copyright Act, as amended  under this Act, also apply 
to things that take place before this Act comes i nto effect; provided, however, 
that this does not preclude validity arising pursuant to the provisions of these 
Acts prior to their amendment  
 
 (Transitional Measures Accompanying the Partial Amendment of the Patent 
Act) 
Article 3 The following provisions do not apply to a case for which litigation is 
completed before this Act comes into effect; nor to a case for which oral 
arguments before the high court or district court that constitutes the court of 
second instance are finished before this Act comes into  effect; nor to a case for 
which a party, before this Act comes into effect, reserves the right to a final 
appeal but agrees not to appeal to the court of second instance against a 
summary court decision or a decision that the district court has reached as  the 
court of first instance:  
 (i) to (iv): [omitted]  
 (v) the provisions of Articles 114 -6 to 114 -8 of the Copyright Act, following the 
amendment  under the provisions of Article 9.  
 Supplementary Provisions [Act No. 147 of December 1, 2004] [Extract]  
 
 (Effective Date) 
Article 1 This Act comes into effect on the date fixed by Cabinet Order within six 
months from the date of its promulgation.  
 
Supplementary Provisions [Act No. 75 of 2005] [Extract]  
 
 (Effective Date) 
Article 1 This Act comes into effect on the date fixed by Cabinet Order within one 
year from the date of its promulgation.  
 
 (Delegation to Cabinet Order)  
Article 5 Beyond what is prescribed in Article 2 of these Supplementary 
Provisions, necessary transitional measures connected with the coming  into 
effect of this Act are provided for by Cabinet Order.  
 
Supplementary Provisions [Act No. 121 of December 22, 2006] [Extract]  
 
 (Effective Date) 
Article 1 This Act comes into effect on July 1, 2007; provided, however, that the 
provisions of Article 1 and Article 4 of the Supplementary Provisions come into 
effect 20 days after the date of promulgation of this Act.  
  
(Transitional Measures for Ownership of a Copyright to a Cinematographic Work 
Created for Broadcasting Purposes)  
Article 2 Prior laws conti nue to govern t he ownership of a copyright to a 
cinematographic work as provided for in Article 29, paragraph (2) of the 
Copyright Act as amended  under this Act (referred to as "the new Act" in the 
following Article ) which has been  created before this Act comes into effect.  
 
 (Transitional Measures for the Cablecasting of a Broadcast Performance)  
Article 3 The provisions of Article 94 -2 of the new Act do not apply to a 
performance to which, based on the provisions of paragraph (3) of the 
Supplementary Provi sions of the Act Partially Amending  the Copyright Act 
(Act No. 64 of 1986) or paragraph (2) of the Supplementary Provisions of the 
Act Partially Amending  the Copyright Act (Act No. 43 of 1989; hereinafter in 
this Article referred to as "the Amending  Act of  1989"), the provisions of the 
new Act that concern neighboring rights do not apply, nor do the provisions of 
Article 94 -2 of the new Act apply to the performance of a performer to whom, 
based on the provisions of paragraph (4) of the Supplementary Provisi ons of the Amendment Act of 1989, the provisions of the new Act that concern 
neighboring rights do not apply.  
 
 (Transitional Measures for Penal Provisions ) 
Article 4 Prior laws continue to govern the applicability of penal provisions to an 
action that a p erson undertakes before this Act (or the provisions stipulated in 
the proviso to Article 1 of the Supplementary Provisions) comes into effect.  
 
Supplementary Provisions [Act No. 81 of June 18, 2008] [Extract]  
 
 (Effective Date) 
Article 1 This Act comes int o effect on the date fixed by Cabinet Order within 
three months from the date of its promulgation, and applies from the 
authorized textbooks, etc. and specified textbooks, etc. used in 2009.  
 
 (Transitional Measures for Penal Provisions ) 
Article 5 Prior la ws continue to govern the applicability of penal provisions to an 
action that a person undertakes before the provisions referred to in the 
preceding Article come into effect.  
 
Supplementary Provisions [Act No. 53 of June 19, 2009]  
 
 (Effective Date) 
Articl e 1 This Act comes into effect on January 1, 2010; provided, however, that 
the provisions amending  Article 70, paragraph (2); Article 78; Article 88, 
paragraph (2); and Article 104; as well as the provisions of Article 6 of the 
Supplementary Provisions, co me into effect on the date fixed by Cabinet Order 
within two years from the date of the promulgation of this Act.  
 
 (Transitional Measures for the Use of Sound Recordings for Persons with Visual 
Impairments)  
Article 2 Notwithstanding the provisions of Arti cle 37, paragraph (3) and Article 
47-9 of the Copyright Act as amended  under this Act (hereinafter referred to as 
"the new Act") (including as these provisions are applied mutatis mutandis 
pursuant to Article 102, paragraph (1) of the new Act), prior laws continue to 
govern the use of a sound recording that has been  made before this Act comes 
into effect based on the application of the provisions of Article 37, paragraph 
(3) of the Copyright Act prior to its amendment  under this Act (hereinafter 
referred to  as "the former Act") (including as applied mutatis mutandis 
pursuant to Article 102, paragraph (1) of the former Act) (excluding a sound 
recording connected to a work, performance, phonogram, broadcast, or cablecast that it is permissible to reproduce or transmit via automatic public 
transmission (including one that it is permissible to make available for 
transmission) pursuant to the provisions of Article 37, paragraph (3) of the 
new Act).  
 
 (Transitional Measures for the Exploitation of a Work Based on  a Compulsory 
License)  
Article 3 The provisions of Articles 67 and 67 -2 of the new Act (including as these 
provisions are applied mutatis mutandis pursuant to Article 103 of the new 
Act) apply to a person that files an application for the compulsory license 
referred to in Article 67, paragraph (1) of the new Act (including as applied 
mutatis mutandis pursuant to Article 103 of the new Act) on or after the day 
on which this Act comes into effect; and prior laws continue to govern with 
respect to a person that files an application for the compulsory license referred 
to in Article 67, paragraph (1) of the former Act before the day on which this 
Act comes into effect.  
 
 (Transitional Measures for an Offer to Distribute Copies of a Commercial 
Phonogram)  
Article 4 T he provisions of Article 121 -2 of the new Act do not apply to the act of 
offering to distribute a commercial phonogram after this Act comes into effect 
if, pursuant to the provisions of paragraph (5) of the Supplementary Provisions 
of the Act Partially Amending  the Copyright Act (Act No. 63 of 1991) or 
paragraph (6) of the Supplementary Provisions of the Act Partially Amending  
the Copyright Act and the Act on Special Provisions of the Copyright Act, in 
Consequence of the Enforcement of the Universal Copyrig ht Convention (Act 
No. 112 of 1994), the provisions of that Article are not to apply to its 
distribution or possession for the purpose of distribution.  
 
 (Transitory Measures for Penal Provisions ) 
Article 5 Prior laws continue to govern the applicability o f penal provisions to an 
action that a person undertakes before this Act comes into effect . 
 
Supplementary Provisions [Act No. 73 of July 10, 2009] [Extract]  
 
 (Effective Date) 
Article 1 This Act comes into effect on April 1, 2010.  
 
Supplementary Provision s [Act No. 65 of December 3, 2010] [Extract]  
 
 (Effective Date) Article 1 This Act comes into effect on the date fixed by Cabinet Order within 
nine months from the date of its promulgation (hereinafter referred to as "the 
effective date").  
 
Supplementary P rovisions [Act No. 74 of June 24, 2011] [Extract]  
 
 (Effective Date) 
Article 1 This Act comes into effect 20 days after the date of its promulgation; 
provided, however, that the provisions set forth in each of the following items 
come into effect as of the  day specified in the relevant item:  
 (i) to (iv) [omitted]  
 (v) the provisions of Article 62 of these Supplementary Provisions: the date of 
promulgation of the Act Partially Amending the Unfair Competition 
Prevention Act (Act No. 62 of 2011; referred to a s the "Act Partially 
Amending Unfair Competition Prevention Act" in that Article and Article 63 
of these Supplementary Provisions) or the effective date, whichever comes 
later.  
 
Supplementary Provisions [Act No. 32 of June 22, 2012] [Extract]  
 
 (Effective Date) 
Article 1 This Act comes into effect on July 1, 2013.  
 
 (Provision s on Coordination ) 
Article 5 I f this Act comes into effect before the effective  date of the provision s of 
the Act Partially Amending the Copyright Act (Act No. 43 of 2012) that rename 
Article 42 -3 as Article 42 -4 and add a new Article after Article 42 -2, the words 
"Article 42 -2" in the provision s of the preceding Article that amend the heading 
for Article 42 -4 of the Copyright Act are deemed to be replaced with "Article 
42-3". 
 
Suppleme ntary Provisions [Act No. 43 of June 27, 2012] [Extract]  
 
 (Effective Date) 
Article 1 This Act comes into effect on January 1, 2013; provided, however, that 
the provisions set forth in each of the following items come into effect as of the 
day specified in  the relevant item:  
 (i) the provisions of Article 7; Article 8; and Article 10 of these Supplementary 
Provisions: the date of promulgation;  
(ii) the provisions which amend Article 2, paragraph (1), item (xx) and Article 
18, paragraphs (3) and (4); the pro vision s adding  an item to Article 19, paragraph (4); the provision s amending  Article 30, paragraph (1), item (ii); 
the provision s renam ing Article 42 -3 to Article 42 -4 and add ing a new Article 
after Article 42 -2; the provision s amending  Article 47 -9 (limit ed to the part 
replacing  "or Article 46" with ", Article 42 -3, paragraph (2) or Article 46"); 
the provision s amending  the proviso to Article 47 -9 (limited to the part 
adding  ", Article 42 -3, paragraph (2)" under "to Article 42 -2"); the provision s 
amending  Article 49, paragraph (1), item (i) (limited to the part renaming  
"Article 42 -2" as "Article 42 -3" and "Article 42 -3, paragraph (2)" as "Article 
42-4, paragraph (2)"); the provision s amending  Article 86, paragraphs (1) and 
(2) (limited to the part adding  ", Article 42 -3, paragraph (2)" under "to 
Article 42 -2"); the provision s adding  an item to Article 90 -2, paragraph (4); 
the provision s amending  Article 102, paragraph (1) (limited to the part 
renaming  "Article 42 -3" as "Article 42 -4"); the provision s amendi ng Article 
102, paragraph (9), item (i) (limited to the part renaming  "Article 42 -2" as 
"Article 42 -3" and "Article 42 -3, paragraph (2)" as "Article 42 -4, paragraph 
(2)"); the provision s amending  Article 119, paragraph (1); the provision s 
adding  a paragrap h to Article 119; the provision s amending  Article 120 -2, 
item (i); and the provisions of the following Article, Article 4 to 6 and Article 
9 of these Supplementary Provisions: October 1, 2012.  
 
 (Transitional Measures)  
Article 2 (1) The p rovisions of Artic le 18, paragraph (3), items (i) to (iii) of the 
Copyright Act as amended by this Act (hereinafter referred to as "the new Act") 
do not apply to a work not yet made public ( this includes a work made public 
without the consent of the author) that the author makes available , before the 
provisions of item (ii) of the preceding Article come into effect, to an 
administrative organ (meaning an Administrative Organ as prescribed in 
Article 2, paragraph (1) of the Act on Access to Information Held by 
Administrative Organs (Act No. 42 of 1999)), an incorporated administrative 
agency, etc. (meaning an Incorporated Administrative Agency, etc. as 
prescribed in Article 2, paragraph (1) of the Act on Access to Information Held 
by Incorporated Administrative Agencies, etc. (Act No. 140 of 2001)), or a local 
government agency or local incorporated administrative agency (meaning a 
Local Incorporated Administrative Agency as prescribed in Article 2, 
paragraph (1) of the Act on Local Incorporated Administrative Agencies (Act 
No. 118 of 2003); the same applies hereinafter in this paragraph) and that is 
transferred to the National Archives of Japan, etc. (meaning the National 
Archives of Japan, etc. provided for in Article 2, paragraph (3) of the Public 
Records and Archives Managem ent Act (Act No. 66 of 2009; hereinafter 
referred to as the "Public Records Management Act" in this paragraph); the 
same applies in the following paragraph) pursuant to the provisions of Article 8, paragraph (1) or Article 11, paragraph (4) of the Public R ecords Management 
Act or is transferred to the local archives, etc. (meaning facilities provided for 
by public records management ordinance  (meaning local government agency 
ordinance prescribing  the appropriate preservation and use of historical public 
records and archives (meaning historical public records and archives provided 
for in Article 2, paragraph (6) of the Public Records Management Act; the same 
applies in this paragraph) held by that local government agenc y or by local 
incorporated administrativ e agencies; the same applies in this paragraph) as 
facilities for the appropriate preservation and use of historical public records 
and archives; the same applies in the following paragraph) pursuant to public 
records management ordinance . 
 (2) The p rovisi ons of Article 18, paragraph (3), items (iv) and (v) of the new Act 
do not apply to a work not yet made public ( this includes a work made public 
without the consent of the author) that the author makes available , before the 
provisions of item (ii) of the p receding Article come into effect, to the National 
Archives of Japan or the local archives, etc.  
Article 3 A work that has been  recorded on a recording medium as of the effective 
date of this Act pursuant to the provisions of Article 31, paragraph (2) of t he 
Copyright Act prior to its amendment by this Act and that is associated with a  
rare or out -of-print material  (meaning a "rare or out -of-print  material " as 
prescribed in Article 31, paragraph (1), item (3) of the new Act) may be 
transmitted via automatic  public transmission ( this includes making  a work 
available for transmission) using a copy of that work, pursuant to the 
provisions of Article 31, paragraph (3) of the new Act.  
 
 (Transitional Measures Concerning the Applicability of Penal Provisions ) 
Article 4 Prior laws continue to govern the applicability of penal provisions to an 
action that a person undertakes before this Act comes into effect (as for the 
provisions of Article 1, item (ii) of these Supplementary Provisions, such 
provisions come into ef fect).  
 
 (Delegation to Cabinet Order)  
Article 5 Beyond what is prescribed in the preceding three Articles, necessary 
transitional measures connected with the coming into effect of this Act are 
provided for by Cabinet Order.  
 
 (Raising the Awareness  of the  People ) 
Article 7 (1) The national government and local government agencies must  raise 
awareness regarding the prevention of the  act of infring ing a copyright or 
neighboring rights by undertaking , for private use as provided  in Article 30, 
paragraph (1) o f the Copyright Act (including as applied mutatis mutandis pursuant to Article 102, paragraph (1) of the same Act), the specified 
infringing sound or visual recording of a fee -based work , etc. (meaning the 
specified infringing sound or visual recording  of a fee-based work, etc. as 
prescribed in Article 119, paragraph (3) , item (i)  of the same  Act; the same 
applies hereinafter  in this paragraph ), knowing that the relevant action  
constitutes the specified infringing sound or visual recording  of a fee-based 
work, etc.  (hereinafter referred to as a "specified act of infringement "), and 
take other necessary measures , so that the people are able to gain a deeper 
understanding of the importance of preventing specified acts of infringement . 
 (2) The national govern ment and local government agencies must enhance 
education  regarding the prevention of specified acts of infringement  in schools 
and in a variety of other settings, so that minors are able to gain a deeper 
understanding of the importance of preventing speci fied acts of infringement at 
every opportunity . 
 
 (Measures to Be Taken by Relevant Enterprises)  
Article 8 An e nterprise that make s available  or present s the sound or visuals of a 
fee-based recorded work , etc. as provided in Article 119, paragraph (3), ite m (i) 
of the Copyright Act to the public must endeavor to take measures to prevent 
specified act s of infringement . 
 
 (Considerations to Operations)  
Article 9 In applying  the provisions of Article 119, paragraph (3) of the Copyright 
Act (limited to the part  concerned with item (i)) , due consideration  must  be 
given so as not to unreasonably restrict the collection of  information using the 
internet and other acts undertaken  using the internet.  
 
Supplementary Provisions [Act No. 84 of November 27, 2013] [Extrac t] 
 
 (Effective Date) 
Article 1 This Act comes into effect on the date fixed by Cabinet Order within one 
year from the date of its promulgation; provided, however, that the provisions 
set forth in Article 64, Article 66 and Article 102 of these Supplementa ry 
Provisions come into effect on the date of promulgation.  
 
 (Effect of Dispositions)  
Article 100 Except as otherwise provided by these Supplementary Provisions , a 
disposition, procedure , or other act ion undertaken  before  this Act comes into 
force based o n the pre-amendment provisions of any of the relevant  Acts 
(including orders based on those Acts ; hereinafter the same applies in this 
Article) , and with regard  to which there are equivalent provisions in the post -amendment Acts, is deemed to have been undertaken  based on  the equivalent  
provisions of the post-amend ment  Acts.  
 
 (Transitional Measures for Penal Provisions ) 
Article 101 Prior laws continue to govern the applicability of penal provisions to 
an action that a person undertakes before this Act come s into effect, and to an 
action that a person undertakes  after this Act comes into effect but that prior 
laws continue to govern  pursuant to the provisions of this Act.  
 
 (Delegation to Cabinet Order)  
Article 102 Beyond what is prescribed in these Suppleme ntary Provisions, 
necessary transitional measures (including transitional measures for penal 
provisions ) connected with the coming into effect of this Act are provided for by 
Cabinet Order.  
 
Supplementary Provisions [Act No. 103 of December 13, 2013] [Extr act] 
 
 (Effective Date) 
Article 1 This Act comes into effect on the date fixed by Cabinet Order within six 
months from the date of its promulgation; provided, however, that the provisions 
set forth in each of the following items come into effect as of the day specified in 
the relevant item:  
 (i) [omitted]  
 (ii) the provisions of Article 17 of these Supplementary Provisions: the date of 
promulgation of the Act Partially Amending the Pharmaceutical Affairs Act, 
etc. (Act No. 84 of 2013) or the date of promulg ation of this Act, whichever 
comes later.  
 
Supplementary Provisions [Act No. 35 of May 14, 2014] [Extract]  
 
 (Effective Date) 
Article 1 This Act comes into effect on January 1, 2015; provided, however, that 
the provisions amending  Article 7 and the provisi ons of the following Article 
come into effect on the date on which the Beijing Treaty on Audiovisual 
Performances (referred to as the "Audiovisual Performances Treaty" in those 
Articles) takes effect  in Japan.  
 
(Application of Provisions That Concern Neigh boring Rights)  
Article 2 (1) In the application of the provisions of the Copyright Act as amended 
by this Act (referred to hereinafter as "the new Act"  in this Article ) that 
concern neighboring rights (including the provisions of Article 95 -3, paragraphs ( 3) and (4)) to a performance set forth in Article 7, item (iv) of the 
new Act  (excluding a performance that also falls under a category set forth in  
items (i) through  (iii) of the same Article ), or a performance set forth in item 
(v) of the same Article , which is given by a performer who is a national of a 
Contracting State of the Audiovisual Performances Treaty or a person with a 
habitual residence in such Contracting State, the provisions of paragraph (3) of 
the Supplementary Provisions of the Act Partial ly Amending the Copyright Act 
(Act No. 64 of 1986) , paragraph (2) of the Supplementary Provisions of the Act 
Partially Amending the Copyright Act (Act No. 43 of 1989; hereinafter referred 
to as "the Amending Act of 1989"  in the following paragraph ), and  paragraph 
(2) of the Supplementary Provisions of the Act Partially Amending the 
Copyright Act (Act No. 63 of 1991; hereinafter referred to as "the Amending 
Act of 1991") do not apply . 
(2) In the application of the provisions of the new Act that concern neigh boring 
rights (including the provisions of Article 95 -3, paragraphs (3) and (4))  to a 
performer who is a national of a Contracting State of the Audiovisual 
Performances Treaty or a person with a habitual residence in such Contracting 
State  (limited to a pe rson who is a foreign national without a habitual 
residence in Japan at the time the performance t akes  place) , the provisions of 
paragraph (4) of the Supplementary Provisions of the Amending Act of 1989 do 
not apply.  
 
 (Transitional Measures for Print Rights) 
Article 3 Prior laws continue to govern p rint rights as under the Copyright Act 
prior to its amendment under this Act  that have been  established before this 
Act comes into effect  and that exist as of the time this Act comes into effect.  
 
 (Delegation t o Cabinet Order)  
Article 4 Beyond what is prescribed in the provisions of the preceding two 
Articles, necessary transitional measures connected with the coming into effect 
of this Act are provided for by Cabinet Order.  
 
Supplementary Provisions [Act No. 69  of June 13, 2014] [Extract]  
 
 (Effective Date) 
Article 1 This Act comes into effect on the date on which the Administrative 
Complaint Review Act (Act No. 68 of 2014) comes into effect.  
 
 (Principles Concerning Transitional Measures)  
Article 5 Unless other wise provided for in these Supplementary Provisions, prior 
laws  continue to govern an administrative appeal against  a disposition or  any other act ion or inaction by an  administrative agenc y regarding a disposition or 
other act ion of an administrative agenc y that has been  undertaken  before this 
Act comes into effect , as well as  against  the inaction of an administrative 
agenc y in connection with an  application filed before this Act comes into effect.  
 
 (Transitional Measures for Litigation)  
Article 6 (1) P rior laws  continue to govern the filing of an action in a matter 
regarding which, pursuant to the  provisions of an Act prior to its amendment 
under this Act, a n action may not be filed until  after an administrative 
agency's  determination, decision , or other a ction on an administrative appeal , 
if the period during which the relevant  appeal must  be filed has passed,  
without the appeal having been  filed, before this Act  comes into effect  (if such 
an appeal may not be filed until after an administrative agency's  
determination, decision , or other act ion on another appeal, this includes a case 
in which the period during which the other appeal must  be filed has passed,  
without that other  appeal having been  filed, before this Act  comes into effect ). 
 (2) P rior laws  continue to govern an action for revocation that concern s a 
disposition or other act ion subject to an objection filed pursuant to the 
provisions of an Act prior to its amendment under the provisions of this Act 
(including when  prior laws  continue to govern the filing of an action pursuant 
to the provisions of the preceding Article) even if , pursuant to  the provisions of 
an Act amended by the provisions of this Act , it is not permissible to file an 
action for revocation until a determination has been made in re sponse to a 
request for administrative review.  
 (3) Pr ior laws  continue to govern an action filed before this Act comes into effect 
seeking the revocation of an administrative agency's  determination, decision , 
or other act ion on an administrative  appeal.  
 
 (Transitional Measures for Penal Provisions ) 
Article 9 Prior laws continue to govern the applicability of penal provisions to an 
action that a person undertakes before this Act comes into effect, and to an 
action that a person undertakes  after this Act co mes into effect but that prior 
laws  continue to govern pursuant to the provisions of Article 5 or the preceding 
two Articles of these Supplementary Provisions.  
 
 (Other Transitional Measures Delegated to Cabinet Order)  
Article 10 Beyond what is prescribed in Article 5 through the  preceding Article of 
these Supplementary Provisions, necessary transitional measures (including 
transitional measures for offences) connected with the coming into effect of this 
Act are provided for by Cabinet Order.  
 Supplementary  Provisions [Act No. 46 of June 24, 2015] [Extract]  
 
 (Effective Date) 
Article 1 This Act comes into effect on April 1, 2016.  
 
Supplementary Provisions [Act No. 51 of May 27, 2016] [Extract]  
 
 (Effective Date) 
Article 1 This Act comes into effect on the da te fixed by Cabinet Order within one 
year and six months from the date of its promulgation.  
 
Supplementary Provisions [Act No. 108 of December 16, 2016] [Extract]  
 
 (Effective Date) 
Article 1 This Act comes into effect on the date that the Comprehensive an d 
Progressive Agreement for the Trans -Pacific Partnership takes effect  in Japan 
(referred to as the "Effective Date" in item (iii)); provided, however, that the 
provisions set forth in each of the following items come into effect as of the day 
specified in  the relevant item:  
 (i) the provisions of Article 9 of these Supplementary Provisions: the date of 
promulgation ; 
 
(Transitional Measures Accompanying the Partial Amendment of the Copyright 
Act) 
Article 7 (1) The provisions of Article 51, paragraph (2); Ar ticle 52, paragraph (1), 
Article 53, paragraph (1), Article 57, and Article 101, paragraph (2), items (i) 
and (ii) of the Copyright Act as amended by the provisions of Article 8 
(hereinafter in the following paragraph and paragraph (3) referred to as the 
“new Copyright Act”) apply to works, performances, and phonograms for which 
a copyright or neighboring rights exist under the Copyright Act prior to its 
amendment under the provision of Article 8 (hereinafter in this paragraph 
referred to as "the former Act ") as of the day preceding the effective date and 
prior laws continue to govern works, performances, and phonograms for which 
a copyright or neighboring rights under the former Act have expired as of the 
same day.  
(2) The provision of Article 116, paragrap h (3) of the new Copyright Act applies 
to cases where the day that marks 50 years counting from the year in which 
the author or performer dies is after the effective date , and prior laws continue 
to govern if that day is before the effective date.  
(3) The provision of Article 121 -2 of the new Copyright Act does not apply to 
commercial phonograms set forth in items of that Article (or of a copy of a commercial phonogram (includ ing a copy that is two or more intervening 
reproductions removed from the commerci al phonogram)) for which the day 
that marks the passage of 50 years counting from the year following the year 
in which the sounds are first fixed into the master is before the effective date 
(including cases where the day on which the sounds are first fixe d into the 
master is before December 31, 1967).  
 
(Transitional Measures for Penal Provisions ) 
Article 8 Prior laws continue to govern the applicability of penal provisions to an 
action that a person undertakes before the effective date, and to an action th at 
a person undertakes after the effective date but that prior laws continue to 
govern pursuant to the provisions of Article 5 of these Supplementary 
Provisions.  
 
 (Delegation to Cabinet Order)  
Article 9 Beyond what is prescribed in these Supplementary Pro visions, 
necessary transitional measures (including transitional measures for penal 
provisions ) connected with the coming into effect of this Act are provided for by 
Cabinet Order.  
 
Act to Adjust Related Acts to Coordinate with  the Coming into Effect  of th e 
Act Partially Amending  the Civil Code [Act No. 45 of June 2, 2017] [Extract]  
 
(Transitional Measures Accompanying the Partial Amendment of the Copyright 
Act) 
Article 151 If obligation to pay compensation referred to in Article 33, paragraph 
(2) (includin g as applied mutatis mutandis pursuant to the provision of 
paragraph (4) of that Article); Article 33 -2, paragraph (2) or Article 33 -3, 
paragraph (2) (including as applied mutatis mutandis pursuant to Article 102, 
paragraph (1) of the former Copyright Act) ; Article 68, paragraph (1); or Article 
69 of the Copyright Act prior to its amendment under the provision of the 
preceding Article (hereinafter in this Article referred to as "the former Act"), 
secondary use fees referred to in Article 95, paragraph (1) o r Article 97, 
paragraph (1) of the former Copyright Act, remuneration referred to in Article 
95-3, paragraph (3) or Article 97 -3, paragraph (6) of the former Copyright Act, 
or royalties referred to in Article 95 -3, paragraph (5) or Article 97 -3, paragraph 
(6) of the former Copyright Act arises, prior laws continue to govern the 
compensation, secondary use fees, remuneration or royalties.  
 
(Transitional Measures for Penal Provisions)  
Article 361 Prior laws continue to govern the applicability of penal provis ions to an action that a person undertakes before the effective date and to an action 
that a person undertakes after the effective date , but prior laws continue to 
govern pursuant to the provisions of this Act.  
 
 (Delegation to Cabinet Order)  
Article 362 B eyond as prescribed in these Supplementary Provisions, necessary 
transitional measures connected with the coming into effect of this Act are 
provided for by Cabinet Order.  
 
Supplementary Provisions [Act No. 45 of June 2, 2017] [Extract]  
 
This Act comes int o effect on the date the Act Partially Amending  the Civil 
Code comes into effect; provided, however, that the provisions set forth in Article 
103-2; Article 103 -3; Article 267 -2; Article 267 -3; and Article 362 come into effect 
on the date of promulgation.  
 
Supplementary Provisions [Act No. 30 of May 25, 2018] [Extract]  
 
 (Effective Date) 
Article 1 This Act comes into effect on January 1, 2019; provided, however, that 
the provisions set forth in each of the following items come into effect as of the 
day spec ified in the relevant item:  
 (i) the provisions amending  Article 113, paragraph (4) and the provisions of 
Article 4 and Articles 7 through  10 of these Supplementary Provisions: the 
date of promulgation;  
 (ii) the provisions amending  the Contents; the provi sions amending  Article 35; 
the provisions amending  Article 48, paragraph (1), item (iii) (limited to the 
part replacing  the term "Article 35" with "Article 35, paragraph (1)"); the 
provisions amending  the first sentence of Article 86, paragraph (3) (limite d 
to the part replacing  the term "Article 35, paragraph (2)" with "Article 35, 
paragraph (1)"); the provisions amending  the second sentence of Article 86, 
paragraph (3) (limited to the part replacing  the term "Article 35, paragraph 
(2)" with "the proviso t o Article 35, paragraph (1)"); and the provisions 
amending  Chapter V: the date fixed by Cabinet Order within three years 
from the date of promulgation . 
 
 (Transitional Measures for the Use of Copies)  
Article 2 (1) Notwithstanding the provisions of Article 49 of the Copyright Act as 
amended under this Act (hereinafter referred to as "the new Act "), prior laws  
continue to govern the use of copies of works created based on the application 
of the provisions of Article 30 -4 or Articles 47 -4 to 47 -9 of the Copyri ght Act prior to its amendment under this Act (hereinafter referred to as "the former 
Act"), copies of derivative works created in accordance with the provisions of 
Article 30, paragraph (1); Article 31, paragraph (1), item (i) or the second 
sentence of pa ragraph (3); Article 33 -2, paragraph (1); Article 35, paragraph 
(1); Article 37, paragraph (3); the main clause of Article 37 -2; Article 41; or 
Article 42 of the former Act  based on the application of the provisions of Article 
43 of the former Act , and copies of derivative works created in accordance with 
the provisions of Article 30 -3 or Article 47 -3, paragraph (1) of the former Act  
created before the date this Act comes into effect (hereinafter referred to as the 
"effective date "). In such a case, the ter m "presented to the public" in Article 49, 
paragraph (1), item (i) of the former Act  and "presented to the public" in 
Article 49, paragraph (1), item (iii) and paragraph (2), items (i) and (ii) of the 
former Act  are deemed to be replaced with "conducted a presentation to the 
public (including making it available for transmission; the same applies 
hereinafter in this Article)" and "conducted a presentation to the public", 
respectively.  
 (2) Notwithstanding the provisions of Article 102, paragraph (9) of the new Act , 
prior laws  continue to govern the use of copies of sounds or images connected 
with performances, phonograms, broadcasts or cablecasts created before the 
effective date  based on the application of the provisions of Article 30 -4 or 
Articles 47 -4 to 47-9 of the former Act  applied mutatis mutandis pursuant to 
Article 102, paragraph (1) of the former Act . In such a case, the term 
"presented to the public" in Article 102, paragraph (9), item (i) of the former 
Act and "presented to the public" in Article 102, paragraph (9), item (viii) of 
the former Act  are deemed to be replaced with "conducted a presentation to the 
public (including making it available for transmission; the same applies in 
item (viii))" and "conducted a presentation to the public", respec tively.  
 
 (Transitional Measures for the Exploitation of a Work Based on  a Compulsory 
License)  
Article 3 The provisions of Articles 67 and 67 -2 of the new Act  (including cases 
where these provisions are applied mutatis mutandis pursuant to Article 103 
of the Copyright Act) apply to a person that files an application for a 
compulsory license as referred to in Article 67, paragraph (1) of the new Act  
(including as applied mutatis mutandis pursuant to Article 103 of the 
Copyright Act) on or after the effective  date; and prior laws  continue to govern 
with respect to  a person that files an application for a compulsory license as 
referred to in Article 67, paragraph (1) of the former Act  (including as applied 
mutatis mutandis pursuant to Article 103 of the Copyrig ht Act) before the 
effective date . 
  (Preparat ory Actions) 
Article 4 A designation under  the provisions of Article 104 -11, paragraph (1) of 
the new Act , approval under  the provisions of Article 104 -13, paragraph (1) of 
the new Act , consultation  under  the p rovisions of Article 104 -13, paragraph (5) 
of the new Act , notification under  the provisions of Article 104 -14, paragraph 
(1) of the new Act , consultation under  the provisions of Article 104 -15, 
paragraph (2) of the new Act , or the necessary  procedure or other act ion in 
connection with the same  may be undertaken  in accordance with the provisions 
of Chapter V, Section 2 of the new Act  prior to the date on which the provisions 
set forth  in Article 1, item (ii) of these Supplementary Provisions come into 
effec t (hereinafter referred to as " item (ii) effective date "). 
 
 (Replacements until the Day Preceding the Item (ii) Effective Date) 
Article 5 To apply  the provisions of Article 47 -6, paragraph (1), item (i) and 
Article 47 -7 of the new Act  during the period be tween the effective date  and 
the day preceding the item (ii) effective date , the phrase  "Article 35, paragraph 
(1)" in Article 47 -6, paragraph (1), item (i) and "(Article 31, paragraph (1) or 
the second sentence of paragraph (3)" in Article 47 -7 are deemed  to be replaced 
with "Article 35" and "(Article 31, paragraph (1) or the second sentence of 
paragraph (3), Article 35, paragraph (1)", respectively.  
 
 (Transitional Measures for Penal Provisions ) 
Article 6 Prior laws continue to govern the applicability of  penal provisions to an 
action that a person undertakes before this Act comes into effect (as for 
provisions specified in Article 1, item (ii) of these Supplementary Provisions, 
before each provision comes into effect).  
 
 (Delegation to Cabinet Order)  
Article 7 Beyond as prescribed from  Article 2 through  the preceding Article of 
these Supplementary Provisions, necessary transitional measures connected 
with the coming into effect of this Act are provided for by Cabinet Order.  
 
 (Provision s on Coordination ) 
Article 8 I f the effective date  of the provisions set forth  in Article 1, item (i) of 
these Supplementary Provisions falls before the effective date  of the Act to 
Adjust Related Acts to Coordinate with  the Conclusion of the Trans -Pacific 
Partnership Agreeme nt (Act No. 108 of 2016), the term "Article 113, paragraph 
(5)" in the provision s amending  Article 113, paragraph (5) and the provisions of 
Article 1, paragraph (1), item (i) of these Supplementary Provisions are deemed 
to be replaced with "Article 113, pa ragraph (4)".  
 Article 9 (1) I f the effective date  falls before the effective date  of the Act on 
Adjust Related Acts to Coordinate with  Conclusion of the  Trans -Pacific 
Partnership Agreement and the Conclusion of the Comprehensive and 
Progressive Agreement for Trans -Pacific Partnership (Act No. 108 of 2016; 
hereinafter referred to as "the adjustment Act") , the phrase  "is deleted and the 
term 'exploit ' in item (xxi) of that paragraph is replaced with 'execute '" in the 
provision s amending  Article 2, paragraph (1) is deemed to be replaced with " is 
deleted".  
 (2) In the case prescribed in the preceding paragraph, the term "exploit" in the 
provisions of Article 8 of the adjustment Act  amending Article 2, paragraph (1) 
of the Copyright Act by  replacing  item (xxiii)  with item (xxiv), item (xxii) with 
item (xxiii), item (xxi) with item (xxii) , and add ing an item after item (xx), is 
deemed to be replaced with "execute".  
 
Article 10 I f the item (ii) effective date  falls before the effective date  of the 
adjustment Act , the term "cablecast ([...] in the following item)" in the 
provisions of Article 2, paragraph (1), item (xx) of the Copyright Act is deemed 
to be replaced with "cablecast ([...] in the following item and Article 104 -15, 
paragraph (1))" upon its application d uring the period between the item (ii) 
effective date  and the effective date  of the adjustment Act . 
 
Supplementary Provisions [Act No. 39 of June 1, 2018] [Extract]  
 
 (Effective Date) 
Article 1 This Act comes into effect on April 1, 2019.  
 
 (Transitional Measures for Penal Provisions ) 
Article 2 Prior laws continue to govern the applicability of penal provisions to an 
action that a person undertakes before this Act comes into effect . 
 
 (Delegation to Cabinet Order)  
Article 3 Beyond what is prescribed in the preceding Article, necessary 
transitional measures connected with the coming into effect of this Act are 
provided for by Cabinet Order.  
 
Supplementary Provisions [Act No. 70 of July 6, 2018] [Extract]  
 
 (Effective Date) 
Article 1 This Act comes into effect  on the date of promulgation; provided, 
however, that the provisions set forth in each of the following items come into 
effect as of the day specified in the relevant item:   (i) [omitted]  
 (ii) the provisions of Article 4 and Article 5 of these Supplementa ry Provisions: 
the date of promulgation of this Act or the date of promulgation of the Act 
Partially Amending the Copyright Act (Act No. 30 of 2018), whichever comes 
later.  
 
 (Provision s on Coordination  Due to the Partial Amendment of the Amended 
Copyright  Act) 
Article 5 (1) I f the effective date  falls on or after the effective date  of the 
provisions set forth  in Article 1, item (i) of the Supplementary Provisions of the 
Amended Copyright Act, the phrase s "; hereinafter referred to as the 
'adjustment Act ')" in Article 8 of the Supplementary Provisions of the Amended 
Copyright Act and " adjustment Act " in Article 9, paragraph (1) of the 
Supplementary Provisions of the Amended Copyright Act are deemed to be 
replaced with ")" and "the Act on Adjust Related Acts to Coordinate with  the 
Conclusion of the Trans -Pacific Partnership Agreement and the Conclusion of 
the Comprehensive and Progressive Agreement for Trans -Pacific Partnership 
(Act No. 108 of 2016; hereinafter referred to as the 'adjustment Act ')", 
respective ly and the provisions of the preceding Article do not apply . 
 
Supplementary Provisions [Act No. 72 of July 13, 2018 ] [Extract]  
 
 (Effective Date) 
Article 1 This Act comes into effect on the date fixed by Cabinet Order within one 
year from the date of its p romulgation; provided, however, that the provisions 
set forth in each of the following items come into effect as of the day specified 
in the relevant item:  
 (i) the provisions of Article 30 and Article 31 of these Supplementary 
Provisions: the date of prom ulgation . 
 
 (Transitional Measures Accompanying  the Partial Amendment of the Copyright 
Act) 
Article 20 The provisions of Article 77 of the Copyright Act as amended by the 
provisions of the preceding Article (including as applied mutatis mutandis 
pursuant t o Article 104 of that Act) and of Article 88, paragraph (1) of the 
Copyright Act as amended by the provisions of the preceding Article apply  to 
the transfer  of a copyright, print right, or neighboring rights , or a pledge on 
any of these rights (hereinafter  referred to as a "Copyright; Related Matters ." 
in this Article) that is conducted on or after the effective date , and prior laws 
continue to govern  the transfer of a Copyright; Related Matters . that is 
conducted before the effective date .  
 (Delegation to  Cabinet Order)  
Article 31 Beyond as prescribed in these Supplementary Provisions, necessary 
transitional measures connected with the coming into effect of this Act are 
provided for by Cabinet Order.  
 
Supplementary Provisions [Act No. 48 of June 12, 2020] [Extract]  
 
(Effective Date)  
Article 1 This Act comes into effect on January 1, 2021; provided, however, that 
the provisions set forth in each of the following items come into effect as of the 
day specified in the relevant item:  
(i) the provisions of Articl e 3 (limited to the provisions amending Article 20, 
item (i) of the Act on Special Provisions for the Registration of Program 
Works ) and the following Article, and the provisions of Articles 3, 6, 7, 12 and 
13 of the Supplementary Provisions (Article 13 is  limited to the part adding "; 
the same applies in paragraph (3)" following the phrase "including…" in the 
provisions amending Article 4, paragraph (1) of the Act on Prevention of 
Unauthorized Recording of Films (Act No. 65 of 2007)) : the date of 
promulgat ion; 
(ii) the provisions of Article 1 and the provisions of Articles 4, 8, 11, and 13 of 
the Supplementary Provisions (Article 13 excludes the provisions for 
amendment set forth in the preceding item): October 1, 2020.  
 
(Raising the Awareness of the People ) 
Article 2 (1) The national government and local government agencies must  
raise awareness regarding prevention of the  act of infring ing a copyright by 
undertaking , for private use (meaning the private use as provided in Article 
30, paragraph (1) of the Co pyright Act as amended under the provisions of 
Article 2 (hereinafter referred to as the "Copyright Act amended under 
Article 2")), the specified infringing reproduction (meaning the specified 
infringing reproduction as provided in item (iv) of the same pa ragraph; 
hereinafter the same applies in this paragraph), knowing that the relevant 
action constitutes the specified infringing reproduction  (hereinafter referred 
to as a "specified act of infringement"), and take other necessary measures , 
so that the peop le are able to gain a deeper understanding of the importance 
of preventing specified acts of infringement . 
(2) The national government and local government agencies must enhance 
education regarding the prevention of specified acts of infringement in 
school s and in a variety of other settings, so that minors are able to gain a deeper understanding of the importance of preventing specified acts of 
infringement at every opportunity.  
 
(Measures to Be Taken by Relevant Enterprises)  
Article 3 An e nterprise that makes available  or present s a work (limited to one 
that is the subject of a copyright) to the public must endeavor to take 
measures to prevent specified act s of infringement.  
 
(Considerations to Operations Concerning Penal Provisions)  
Article 4 In applying  the provisions of Article 119, paragraph (2) (limited to the 
parts concerned with items (iv) and (v)) and Article 120 -2 (limited to the part 
concerned with item (iii) ) of the Copyright Act as amended under the 
provisions of Article 1 (referred to as the "C opyright Act amended under 
Article 1" in Article 8 of the Supplementary Provisions),  due consideration  
must  be given so as not to unreasonably restrict the provision  of information 
using the internet and other acts undertaken  using the internet.  
 
Article 5  In applying  the provisions of Article 119, paragraph (3) (limited to the 
part concerned with item (ii)) of the Copyright Act amended under Article 2, 
due consideration  must  be given so as not to unreasonably restrict the 
collection of  information using th e internet and other acts undertaken  using 
the internet.  
 
(Reviews)  
Article 6 Approximately one year after this Act comes into effect, the 
government is to review the provisions of Article 30, paragraph (1) (limited to 
the part concerned with item (iv)) an d Article 119, paragraph (3) (limited to 
the part concerned with item (ii)) of the Copyright Act amended under Article 
2 in consideration of the status of their enforcement, and take necessary 
measures based on the results of this review.  
 
Article 7 With r egard to the initiatives  to deal with the action of making a work 
available for transmission that infringes a copyright, print right or 
neighboring rights, the government is to conduct a review from the 
perspective of enhancing these initiatives, and take necessary measures 
based on the results of this review.  
 
(Transitional Measures for Perfection of Right of Exploitation)  
Article 8 The provisions of Article 63 -2 of the Copyright Act amended under 
Article 1 (including as applied mutatis mutandis pursuant t o Article 80, 
paragraph (4) and Article 103 of the Copyright Act amended under Article 1) also apply to the right to exploit  a work, etc. (meaning a work, performance, 
phonogram, broadcast, or cablecast; hereinafter the same applies in this 
Article) under the authorization referred to in  Article 63, paragraph (1) of the 
Copyright Act prior to the amendment under the provisions of Article 1 
(hereinafter referred to as the "Copyright Act prior to amendment under 
Article 1") in this Article) (including the cas e where Article 63, paragraph (1) 
of Copyright Act prior to amendment under Article 1  is applied mutatis 
mutandis pursuant to Article 103 of the same Act ) and the authorization 
referred to in Article 80, paragraph (3) of the same Act , as prescribed in 
Article 63, paragraph (2) of the Copyright Act prior to amendment  under 
Article 1 (including as applied mutatis mutandis pursuant to Article 80, 
paragraph (4) and Article 103 of the Copyright Act prior to amendment  under 
Article 1), if the authorization  has be en established before  the day preceding 
the day on which the provisions set forth in Article 1, item (ii) of the 
Supplementary Provisions come into effect (hereinafter referred to as the 
"effective date under item (ii)") ; provided, however, that this right  may be 
asserted only against a person that has acquired the copyright , print right or 
neighboring rights for a work that is subject to the right of exploitation  on or 
after the effective date under item (ii)  or any other third party.  
 
(Transitional Measur es for Payment of Fees)  
Article 9 (1)  Notwithstanding the provisions of Article 70, paragraph (2) and 
Article 107, paragraph (2) of the Copyright Act amended under Article 2, 
prior laws continue to govern the payment of fees regarding an application  
for a compulsory license under Article 67, paragraph (1) of the Copyright Act 
prior to the amendment by the provisions of Article 2 (hereinafter referred to 
as the "Copyright Act prior to amendment under Article 2" in this Article)  
(including as applied mutatis mutandis pursuant to Article 103 of the 
Copyright Act prior to amendment under Article 2), and an application for 
mediation under Article 106 of the Copyright Act prior to amendment under 
Article 2, which are filed, prior to the day on which this Act comes  into effect 
(hereinafter referred to as the "effective date") , by an incorporated 
administrative agency  (meaning the incorporated administrative agency as 
provided in Article 2, paragraph (1) of the Act on General Rules for 
Incorporated Administrative Age ncies (Act No. 103 of 1999 ) (limited to an 
incorporated administrative agency designated  by Cabinet Order under 
Article 70, paragraph (2) of the Copyright Act prior to amendment under 
Article 2) . 
(2) Notwithstanding the provisions of Article 78, paragraph (6) of the Copyright 
Act amended under Article 2 and Article 26 of the Act on Special Provisions 
for the Registration of Program Works as amended under  the provisions of Article 3 (hereinafter referred to as the " New Act on Special Provisions for 
the Regis tration of Program Works" in the following Article) , prior laws 
continue to govern the payment of fess regarding an application for 
registration under Article 75, paragraph (1), Article 76, paragraph (1), 
Article 76 -2, paragraph (1), and Article 77 of the Copyright Act prior to 
amendment under Article 2, and a request under Article 78, paragraph (4) of 
the Copyright Act prior to amendment under Article 2 (including as applied 
mutatis mutandis pursuant to Article 104 of the Copyright Act prior to 
amendment u nder Article 2), which are filed prior to the effective date by the 
national government or an incorporated administrative agency (limited to an 
incorporated administrative agency designated  by Cabinet Order under 
Article 26 of the Act on Special Provisions  for the Registration of Program 
Works prior to the amendment by the provisions of Article 3) . 
(Transitional Measures for Penal Provisions)  
Article 11  Prior laws continue to govern the applicability of penal provisions to 
an action that a person undertakes  before the effective date under item (ii).  
 
(Delegation to Cabinet Order)  
Article 12 Beyond what is prescribed in Article 8 through the preceding Article 
of these Supplementary Provisions, necessary transitional measures 
(including transitional measures f or penal provisions) connected with the 
coming into effect of this Act are provided for by Cabinet Order.