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 Genera l Rules (Article 17) 
Subsection 2 Moral Rights of Authors (Articles 18 through 20) 
Subsection 3 Categories of Rights Comp rising Copyright (Articles 21 through 
28) 
Subsection 4 Ownership of Copyright to Cinematographic Works (Article 29) 
Subsection 5 Limitations of Copy right (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 of 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 Rights 
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 Ph onograms (Articles 96 through 97-3) 
Section 4 Rights of Broadcaste rs (Articles 98 through 100) 
Section 5 Rights of Cablecasters (Articles 100-2 through 100-5) Section 6 Term of Pr otection (Article 101) 
Section 7 The Exclusive Nature of a Performer's Mora l Rights; Related 
Matters (Articles 101-2 and 101-3) 
Section 8 Limitations, Transfer, Exercise, and Registration of 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 Transmission 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 we ll as with respe ct to performances, 
phonograms, broadcasts, and cablecasts, 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 meanings 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, acad emic, artistic, or musical domain; 
 (ii) "author" means a pe rson 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 wo rk (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, si nger, 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 sounds that are intended to 
be played exclusively alongside images); 
 (vi) "producer of a phonogram" means th e person that was the first to fix the 
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 "transmiss ion to the public" means making a transmission of 
wireless communications or wired telecommunications with the objective of 
allowing the public to receive them di rectly (excluding transmission (unless 
this constitutes th e transmission of a work of computer programming) using 
telecommunications equipment one part of which is installed on the same 
premises as the other parts (or, excludin g, 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 trans mission 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 tra nsmission to the public of wired 
telecommunications with the objective of allowing the public to 
simultaneously receive transmissio ns with the same content; 
 (ix)-3 "cablecaster" means a person that  does cablecasting in the course of 
trade; 
 (ix)-4 "automatic public transmission" means a transmission to a member of 
the public (excluding one that constitu tes a broadcast or cablecast) that is 
made automatically in response to a re quest from the member of the public; 
 (ix)-5 making a work "available for tra nsmission" means making it available to 
be transmitted via automatic public transmission, through either of the 
following actions: 
 (a) recording data onto a recordin g 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 th e 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 applies hereinafter); adding a recording medium onto which data has 
been recorded to such an automatic public transmission server as its recording medium for pub lic transmissions; converti ng a recording medium 
onto which data has been recorded  into such an automatic public 
transmission server's recording medi um for public tra nsmissions; or 
inputting data into such an auto matic public transmission server; 
 (b) connecting an automatic public transmission server onto whose recording medium for public transmiss ions 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 transmi ssion server, and booting the programs for 
transmission and reception, connecti ng means the last action in the 
series); 
 (x) "producer of a cinematographic wo rk" means the person that does the 
conceptualizing and has the responsibility in the production of a 
cinematographic work; 
 (x)-2 "computer program" means somethin g 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 co nstructed so that such data can be 
searched with a computer; 
 (xi) "derivative work" means a work that a person creates 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 someth ing 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 presentati on" means projecting a work (other than 
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 communicati ng 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 copi es of such a work for the purpose of 
presenting the work to the public; 
 (xx) "technological protection measur es" means measures that use electronic 
means, magnetic means, or other means that cannot be perceived through the human senses (referred to as "ele ctronic or magnetic means" in the 
following item and item (xxii)) to prevent or deter a person from engaging in 
an action that constitutes infringeme nt of an author'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) and Article 120- 2, item (i)) (deterring such an action 
means deterring a person from engagi ng in an action that constitutes 
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 no t 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 refe rred to as a "work, 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 with out the consent of the author or the performer), 
by recording such signals onto a reco rding medium along with the sounds or 
images of a work, performance, or phonogram, or by transmitting such 
signals along with the sounds or images of a broadcast or cablecast; 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 cablecast and transmi tting them, so that a machine that 
can be used to exploit that work, etc. wi ll need to make a specific conversion 
when the work, etc. is exploited; 
 (xxi) "technological exploitation res triction measures" means measures that 
use electronic or magnetic means to rest rict a work, etc. from being viewed or 
listened to (or from being executed on a computer, if it is a work of computer programming; the same applies hereinaf ter in this item and Article 113, 
paragraph (3)) (excluding any measure taken 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; Related Matters.")), and t hat are taken using signals to which a 
machine 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 along with the sounds or images of a work, performance, or phonogram; by trans mitting such signals along with the 
sounds or images of a broadcast or cablecast; 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 
cablecast and transmitting them, so th at a machine that can be used to 
exploit that work, etc. will need to ma ke a specific conver sion when the work, 
etc. is viewed or listened to; 
 (xxii) "rights management information" means information about a moral 
right or copyright provided for in Articl e 17, paragraph (1) 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 medi um 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. (limited to managemen t by computer)) by electronic or magnetic means: 
(a) information that identifies the work, etc., the owner of the Copyright; 
Related Matters., and any other particu lars that are specified by Cabinet 
Order; 
(b) information on the terms and conditions 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 jurisdiction of this Act; 
 (xxiv) "abroad" means outside the jurisdiction of this Act. 
 (2) As used in this Act, an "artis tic work" includes a work of artistic 
craftsmanship. 
 (3) As used in this Act, a "cinematograp hic work" includes a work rendered in a 
manner that produces a visual or aud io-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 photograph. 
 (5) As used in this Act, "the public" includes exclusiv e 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 representative 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 incl udes 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), items (vii)-2, (viii), (ix)-2, 
(ix)-4, (ix)-5, and (xiii) through (xix),  and in the preceding two paragraphs 
encompasses the variant grammatica l forms that use the same root. 
 
 (Publication of a Work) Article 3 (1) A work has been published if the person that owns 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 paragraph, Article 4, para graph (1), Article 4-2 and Article 63), a 
person in favor of whom the print righ ts 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 work pursuant to the provisions of 
Article 80, paragraph (3); the same applies in the proviso to Article 37, paragraph (3), and the proviso to Articl e 37-2) makes and distributes copies of 
the work in quantities that are reaso nably sufficient for meeting public 
demand, commensurate with the nature of the work (limited to when the person does so without prejudice to th e rights of the person that owns the 
rights set forth in Articl e 26, Article 26-2, paragraph (1), or Article 26-3). 
 (2) An original work is deemed to ha ve 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 original 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 authorized 
thereby to exploit the work are, respe ctively, 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 published or if a person that 
owns a right provided for in Articles  22 through 25, a person authorized 
thereby (meaning the person is authorize d 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 publ ic (meaning the person is authorized 
to exploit a work pursuant to the provis ions of Article 80, paragraph (3); the 
same applies in the following paragraph,  the proviso to Article 37, paragraph 
(3), and the proviso to Article 37-2) presen ts the work to the public by means of 
a stage performance, musical performance, on-screen presentation, 
transmission to the pu blic, 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 prov isions of Article 63, para graph (1)) constructs 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 fort h in Article 79 have been established, 
or a person authorized thereby to transmi t that work to the public makes the 
work available for transmission. 
 (3) An original work is deemed to ha ve been made public if a person that, 
pursuant to the provisions of Article 28, owns the same right to the relevant 
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, transmission to the public, or recitation, or if a person 
that, pursuant to the provisions of Arti cle 28, owns the same  right with regard 
to the relevant work as the right provid ed for in Article 23, paragraph (1) or a 
person authorized thereby makes that translation av ailable 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) through (3) 
of this Article if the work were pr otected 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 the 
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 exploit 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 reasonably sufficient for meeting public 
demand, commensurate with the nature of the work (limited to when the 
person does so without prejudice to the ri ghts 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 provid es 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 broadc ast set forth in Arti cle 9, item (i) or 
(ii) (excluding a performance whose sound or visuals are recorded before the 
transmission with the author ization 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 and Broadcasting Organizations (hereinafter referred to as 
"the Convention for the Prote ction 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 broadc ast set forth in Arti cle 9, item (iii) 
(excluding a performance whose sound or visuals are reco rded before the 
transmission with the author ization 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 following 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 se t forth in item (v) of the following 
Article; 
 (c) a performance transmitted in a broadc ast set forth in Arti cle 9, item (iv) 
(excluding a performance whose sound or visuals are reco rded before the 
transmission with the author ization 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 se t 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 soun ds are first fixed in Japan; 
 (iii) any of the following phonograms, othe r 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 corporations that have principal offices in 
that State; the same applies hereinafter); 
 (b) a phonogram in which sounds are fi rst 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 offices 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 fo rth in the preceding items, 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 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 Prot ection of Performers, etc.; 
 (b) a broadcast made from a broadcasting facility in a Contracting 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 
Organization 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 transmi ts 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, le ctures, 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 an academic nature, such as plans, 
charts, and 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 fa ll within the scope of 
works provided for in item (i) of the preceding paragraph. 
 (3) Protection under this A ct 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 stipulations 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) 
Article 11 Protection of a derivative wo rk 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 re ason of the selection or arrangement of 
its contents, constitutes an intellectu al 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 subje ct to the rights provided for in this 
Chapter: 
 (i) the Constitution and other laws and regulations; 
 (ii) notifications, instructions, circu lar 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 provided for in Article 2, paragraph (1) of the Local Independent Ad ministrative 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 administrative 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 independent administrative agency. 
 
Section 2 Authors 
 
 (Presumption of Authorship) 
Article 14 The person whose name or appe llation (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 made 
available or presented to the public is presumed to be the 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 employers (hereinafter in this Article such a corporation or other employers 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 stipulated 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 author 
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 th e overall shaping of the work through responsibility 
for its production, direction, staging, film ing, 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 the 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 (hereinafter referred to as a "copyright"). 
 (2) Enjoyment of the moral rights 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 (this includes a work 
made public without the aut hor's consent; the same ap plies hereinafter in this 
Article) has the right to make available or present that work to the public. The 
same applies to any derivative work deri ved 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 fo rth in the relevant item: 
 (i) the author transfers the copyright to  a work not yet made public: making 
available or presenting 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 copyright to an author's cinema tographic 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 case set forth in one of the following items, the author is presumed to 
consent to the action set fo rth 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 in Article 2, paragraph 
(1) of the Act on Access to Informatio n Held by Administrative Organs (Act 
No. 42 of 1999; hereinafter referre d to as "the Act on Access to 
Administrative Organs' Information")) (unless 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 Administrative 
Organs' Information): making available or presenting the work to the public 
by the head of the administrative organ, pursuant to the provisions of the 
Act on Access to Administrative Orga ns' Information (if historical public 
records and archives (meaning historical public records and archives 
provided for in Article 2, paragraph (6 ) of the Public Re cords and Archives Management Act (Act No. 66 of 2009; hereinafter referred to as "the Public 
Records Management Act"); the same appl ies 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, pa ragraph (3) of the Public Records 
Management Act; the same applies hereinafter)) pursuant to the provisions of Article 8, paragraph (1) of the Pu blic 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. (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 provisions 
of Article 16, paragraph (1) of th e Public Records Management Act); 
 (ii) the author makes available a work not yet made public to an incorporated 
administrative agency, etc. (meaning an  incorporated admi nistrative agency, 
etc. provided for in Article 2, para graph (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) 
(unless 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 Administ rative Agencies' Information): making 
available or presenting the work to the public by the incorporated 
administrative agency, etc., pursuant to  the provisions of the Act on Access 
to Incorporated Administrative Agencies' Information (if historical public records and archives pertaining to th at 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 (u nless 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 incorporat ed administrative agency (unless the 
author manifests an intention to the con trary 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 govern ment agency or the relevant local 
incorporated administrative agency, pursuant to the provisions of information disclosure ordinance (m eaning local government agency 
ordinance prescribing the right of a resident, etc. to request that local 
government agency or a local incorporat ed administrative agency to disclose 
the information it holds; the same applies hereinafter) (if historical public records and archives pertain ing to that work are transferred from the local 
government agency or local incorporated  administrative agency to the local 
archives, etc. (meaning facilities prov ided for by public records management 
ordinance (meaning local government agency ordinance prescribing the 
appropriate preservation and use of hist orical public reco rds held by that 
local government agency or by a local incorporated administrative agency; 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 Re cords Management Ordinance (unless the 
author of that work manifests an intent ion 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 Publ ic Records Management Act; the same 
applies hereinafter in th is Article), this includ es making available or 
presenting the work to the public by the head of the lo cal archives, etc. 
(meaning the head of the local governme nt 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 incorporat ed administrative agency by which the 
local archives, etc. was esta blished, if the local archiv es, etc. are the facility 
of a local incorporated administrative agency; the same a pplies 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 time 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 management 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 public 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 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 pub lic by an incorporated administrative 
agency, etc. pursuant to the provisions  of that Article, or a work not yet 
made public is made availa ble 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 Admini strative Agencies' Information; 
 (iii) 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 a local government agency or by a local incorporated administrative agency pursuant to the provisions of information disclosure ordinance 
(limited to those with prov isions 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 Articl e 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 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 public is made available or presented to the public by 
a local government agency or by a loca l incorporated admi nistrative agency 
pursuant to the provisions of information disclosure ordinance that are 
equivalent to the provisions of Article 7 of the Act on Access to 
Administrative Orga ns' Information; 
 (vi) a work not yet made public in whic h 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 in formation 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 a rchives, etc. pursuant to the provisions of public 
records management ordinance (limit ed 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 Articl e 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 wi th that work. The same a pplies 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 ava ilable or presented to the public. 
 (2) Unless the author has manifested a di fferent intention, a person exploiting a 
work may indicate the name of the auth or in accordance with how the author 
has already done so in co nnection with the work. 
 (3) The name of the author 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 practices. 
 (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 incorp orated 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 In corporated Administrative Agencies' 
Information, or information disclosure ordinance, and the 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 incorp orated 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' Info rmation, the provisions of Article 6, paragraph 
(2) of the Act 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 author is to be omitted; 
 (iii) the work is made available or pres ented 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 Public 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 chara cter or word, or any other modification 
made to a work when it is exploited pursuant to the provisions 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 modifications 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 unavoidable 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 work.  
 (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 (h ereinafter 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 work has th e 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 tra nsmitted 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 righ t to recite that 
work publicly. 
 
 (Exhibition Rights) 
Article 25 The 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 that 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 cinematographic 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 cinematographic 
work, this excludes making that work available to the public through the transfer of a copy of the cinematographi c work; the same applies hereinafter in 
this Article). 
(2) The provisions of the preceding paragraph do not apply if a work is made 
available to the public through the transf er 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 for in the preceding paragraph or a 
person authorized thereby; 
 (ii) a copy of a work that is transferr ed to the public ba sed on a compulsory 
license under the provisions of Article 67, paragraph (1) or Article 69, or a 
license under the provisions of Article 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 application 
of the provisions of Article 67-2, paragraph (1); 
 (iv) an original work or a copy of a wo rk 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 authorized 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 the right se t 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 author 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 Co nnection 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 derivati ve work holds in connection with the 
exploitation of that derivative work. 
 
Subsection 4 Ownership of Copy right to Cinematographic Works 
 
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 cinematographic 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 rights 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 pub lic transmission of a broadc ast work that is made 
available for transmission by the data for it being input to an automatic 
public transmission server that is co nnected to a public telecommunications 
network), and publicly communicate the broadcast work through 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, paragraph (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 an d 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 reproduces 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 the work has become possible due to the circumvention 
of technological protection measures (meaning that the removal or alteration (excluding removal or alteration due to technological constraints 
accompanying the conversion of recordin g or transmission systems) of the 
signals provided for in Article 2, paragraph (1), item (xx) 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 (other than a restoration made based on the intentions of the person that owns the Copyright; Related Matters.) makes it 
possible to take an action that the te chnological protection measures prevent 
or makes it so that a barrier no longer arises as a result of an action that the technological protection measures deter;  the same applies in Article 120-2, 
items (i) and (ii)) or a barrier to reprodu ction of the work no  longer arises as 
a result of that circumvention, and the user reproduces the work in the knowledge of this fact; 
 (iii) the work is received via an automa tic public transmission that infringes a 
copyright (including an automatic pu blic transmission th at is transmitted 
abroad and that would constitute a copyright infringement if it were 
transmitted in Japan), and the user reco rds the sounds or visuals of the work 
in digital format, in the knowledge of this fact. 
 (2) A person who, for priv ate 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 (excludi ng a machine with special performance capabilities 
for use in the broadcasting business or  other special performance capabilities 
that are generally not offered for privat e use, and also excluding a telephone 
with a sound recording function or any  other machine with sound or visual 
recording functions incidental to its primary function) which is provided for by 
Cabinet Order must pay a reasonable amou nt of compensation to the copyright 
owner. 
 
 (Exploitation of Incidentally Captured Works) Article 30-2 (1) When a work is created by means of photography or by means of 
the recording of sounds or visuals (hereinaft er in this paragraph, referred to as 
"photography or recording"; hereinafter in this Article, a work created by 
means of photography or recording is referred to as a "photographic or recorded 
work"), any other work comprising objects or sounds that are captured incidentally because it is difficult to se parate them from the objects or sounds 
being captured during the photography or  recording by which the photographic 
or recorded work is created (but only  another work that constitutes a minor 
part of the relevant photographic or re corded work; hereinafter in this Article 
referred to as an "incidentally captured  work") may be reproduced in the 
creation of that photographic or record ed 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 reproduction. 
 (2) An incidentally captured work reproduced pursuant to the provisions of the 
preceding paragraph may be exploited, in any way, in connection with the 
exploitation of the photographic or recorded work provided for in that 
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 incidentally ca ptured work or the circumstances of its 
exploitation. 
 
 (Exploiting a Work as Part of the Investigation Process) Article 30-3 A person seeking to exploit a work with the authorization of its 
copyright owner or after obtaining a comp ulsory license under the provisions of 
Article 67, paragraph (1); Article 68, pa ragraph (1); or Article 69 may exploit 
that work, in any way and 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 au thorization or a compulsory license 
(inclusive of the process for obtaining th e authorization or compulsory license); 
provided, however, that this does not apply if the action would unreasonably 
prejudice the interests of the copyright ow ner in light of the nature or purpose 
of the work or the circumst ances 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 person's purpose to personally enjoy or cause 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 the 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 technology 
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 an alysis of the cons tituent language, 
sounds, images, or other elemental 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 involv e what is expressed in the work being 
perceived by the human senses (for wo rks 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 Libraries and Similar Facilities; 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 materi al 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 paragr aph (3)) in response to the user's 
request and for the purpose of th e user's research or studies; 
 (ii) when necessary for the purpos e of preserving library materials; 
 (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 to a request from  another library or similar facility. 
 (2) In addition to the case s 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 National Di et 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 paragraph) 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 human senses alon e; the same applies herein after) 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 Na tional Diet 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 automa tic public transmission using a copy of 
that work that it has re corded 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 faci lity, or in a similar foreign facility 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 purpose of news reporting, critique, study, or other place in which the work is quoted. 
 (2) It is permissible for public relati ons materials, research or statistical 
materials, reports, and other similar works, which have been prepared by a national or local governme nt 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 explanatory 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 Articles 49; Article 49-8; Article 62; Article 70, paragraph (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 must 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 paragraph, 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 in the Official Gazette. 
 (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 corres pondence 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 Textbooks) 
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, pa ragraph (2) of the School Education Act 
that may be exploited 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; A rticle 62; Article 70, paragraph (1); and 
Article 82 of that Act); hereinafter th e 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 exploited, 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 paragraph must inform the person that pu blishes the relevant textbook of this 
in advance and pay compensation to the copyright owner in the amount 
calculated based on a method establishe d by the Commissioner of the Agency 
for Cultural Affairs in consideration 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 in the Official Gazette. 
 
 (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 disabilities, it is pe rmissible to reproduce the work with enlarged letters, 
illustrations and the like, or by any ot her 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 works 
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 consider able part of the works printed in the 
relevant textbook are reproduced; herein after in this paragraph referred to as 
a "large-print textbook, etc.") must inform the person that publishes the 
relevant textbook of this in advance; and, if the person distributes the large-
print textbooks, etc. commercially, th e person must pay the owners of the 
copyrights to the relevant works compensation in the amount calculated based 
on a method established by the Commi ssioner of the Agency for Cultural 
Affairs in proportion to the amount of compensation provided for in Article 33, paragraph (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 in the Official Gazette. 
 (4) A person that provides 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 of 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 broadcast 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 programming 
and simultaneously transmit it via automatic public transmission (this 
includes the automatic public transmi ssion of programming that has been 
made available for transmission by the data for it being input to an automatic 
public transmission server that is conne cted with a public telecommunications 
network) with the objective of allo wing 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 19 50); the same applies hereinafter) 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 teaching 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 transmission, if it 
is to be transmitted to the public via automatic public transmission; 
hereinafter the same applies in this A rticle), or publicly communicate a work 
that has been made public and is transmitted to the public through a receiver  to the extent that 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 transmission. 
(2) If a work is transmitted to the pu blic pursuant to the provision of the 
preceding paragraph, a person that establishes 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 referred 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 perfor mance, 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 being held. 
 
 (Reproduction as Examination Questions; Related Matters) 
Article 36 (1) It is permissible to reproduc e 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; howe ver, it is permissi ble to make such a 
question available for transmission, if it is to be transmitted 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 ow ner in light of the nature or purpose 
of the work or the circums tances 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 reproduc e in Braille a work that has been made 
public. 
 (2) It is permissible to us e 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 availabl e 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 presented 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 pres ented to the public in a form that is 
perceived both visually and through othe r 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 paragraph and in Article 102, paragraph (4) referred to as a "visual work"), 
and may transmit such a visual work to the public by changing texts in the 
visual work into sounds or in any othe r 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  work 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 in 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 transmit the visu al work to the public. 
 
(Reproduction for Persons with Hear ing Impairments; Related Matters) Article 37-2 The person set forth by Cabine t 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 re ferred to as "persons with hearing 
impairments, etc.") may exploit 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 perceived 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, howeve r, that this does not ap ply 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 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 transmit the visual work to the public: 
 (i) reproducing an aural work or tra nsmitting 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 hearing 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 wi th hearing impairments, etc.). 
 
 (Stage Performances for Non-Commercial Purposes) 
Article 38 (1) It is permissi ble to publicly give a stage performance or a musical 
performance, make an on-screen presenta tion, 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 received 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 perf ormance, musical 
performance, on-screen presentation, or recitation. 
 (2) It is permissible to cablecast a broa dcast work or to transmit such a work via 
automatic public transmission (this includ es the automatic public transmission 
of a broadcast work that is made availa ble for transmission by the data for it 
being input to an automatic public transmission server that is connected with a public telecommunications network) fo r non-commercial pu rposes and without 
charging a fee to the listening or viewing 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 co mmunicate a broadcast or cablecast work 
(including a broadcast work that is transmitted via automatic public transmission) through a receiver for non-commercial purp oses and without 
charging a fee to the listening or viewing audience. The same applies if the 
work is communicated publicly through a receiver commonly used 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 reprod uced in a cinematographic work, this 
excludes 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 other 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 preceding 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) may 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 compensation 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 cinematographic work or the 
work reproduced in that cinematographic work. 
 
 (Reprinting of Editorial Commentary on Current Affairs) Article 39 (1) It is permissible for a pers on to reprint, in another newspaper or 
magazine, editorial commentary (excluding that of an academic 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 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 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 comm unicate 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 equivalent to a tri al; 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 fo r the purpose of news reporting, it is 
permissible for a person to print a speech or statement that has been delivered 
in public by a national or loca l government agency, incorporated 
administrative agency, or local incorpor ated administrative agency, other than 
one under the provisions of the preceding paragraph, 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 automa tic public transmission server that is 
connected with a public telecommunicat ions network) with the objective of 
allowing an exclusive audience within the service area that the broadcast is intended for to receive it. 
 (3) It is permissible to publicly comm unicate 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 me ans, 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 reporting. 
 
 (Reproduction for Judicial Proceedings) 
Article 42 (1) It is permissible 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 the interests of the copyright owner in light of the nature or purpose of th e 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 pate nt, industrial design, or trademark 
examination, the technical valuation of a utility model, or an international examination or preliminary examinatio n for an international 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 administrative agency's or incorporated 
administrative agency's examination or investigation of pharmaceutical 
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 Medical 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 pr oceedings regarding a report about 
pharmaceutical affairs submitted to an administrative agency or 
incorporated administrative agency. 
 
 (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 gove rnment agency, or local incorporated 
administrative agency may exploit a wo rk in order to make available or 
present that work to the public, to the ex tent that this is fo und 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 administrative agency, e tc. based on the pr ovisions of that 
paragraph (excluding anything other th an 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 mean s set forth in Article 14, paragraph (1) 
of the Act on Access to Administrati ve Organs' Information (including the 
provisions of Cabinet Order based on the provisions of that paragraph)). 
  (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 Act 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 Publ ic Records Management Act (this includes 
any provisions of Cabinet Order that are based on 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 th e 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 persons 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 National Diet Library Act: 
Internet materials that the person make s 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 materials 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 visual 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 br oadcaster that is permitted to broadcast 
the same work. 
 (2) A cablecaster may make an ephemera l sound or visual re cording of a work 
that the cablecaster is permitted to cabl ecast without prejudice to the right set 
forth in Article 23, paragraph (1), for it s own cablecasts (except a cablecast 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 the 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, howeve r, 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 thereb y may publicly exhibit that work. 
 (2) The provisions of the preceding paragraph do not apply if the original copy of 
an artistic work is perman ently 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 scul pture or making those additional copies 
of the sculpture available to the public by transferring them; 
 (ii) reproducing an arch itectural work by means of  construction, or making 
copies of an architectural work so re produced 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 preceding Article; 
 (iv) reproducing an artistic work for the purpose of selling copies of it, or 
selling those copies. 
 (Reproduction in Connection with the Ex hibition 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 Article 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 exhibite d work to persons viewing it; and may 
reproduce that exhibited 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 exhibited 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 automati c public transmission. 
 (3) To the extent considered to be necessary in order to provide information to 
the public concerning the location of an exhibited work, the person exhibiting the original copy of a work or a pe rson 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 
transmission, 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 th e exhibited work or the circumstances of its 
reproduction or public transmission. 
 
 (Reproduction in Connection with an Offe r 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 pe rson 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 othe r 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 th is is found to be ne cessary 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 (2) apply to the use that is ma de 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 othe r than the destruction thereof, the owner 
may not preserve other copies of the work if the 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 work that is made available to be exploited on a computer (this is inclusiv e 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 the purpose is to make that work 
available to be exploited incidentally on  a computer so that the relevant work 
can be smoothly or efficiently exploited 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 communications 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 wo rk that has been made available for automatic 
public transmission on a recording medi um in order to prevent delays or 
failures of that other person's automa tic public transmissions or in order to 
efficiently transmit a work that has been made available for transmissions 
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 computerized data processing that is 
necessary to prepare to provide that data smoothly and efficiently. 
(2) A person may exploit a work 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 wo uld 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, in order to perform maintenanc e or repairs on a device that has a 
recording medium built into it, the person temporarily records a work that has been recorded on the recording medi um 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 recordin g medium other than the built-in 
recording medium, and  then re-records that work  onto the built-in recording 
medium after the maintenance or repairs;  (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 records a work that has been recorded onto that device's built-in recording medium onto a recording medium other than that built-in recording medium, and 
then records that work on the built-in recording medium of the device with 
same functions; 
 (iii) 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  on a recording medium for use in recovery in 
the event that the copy of the work that has been made available for 
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 contributes to facili tating 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 
doing so in accordance with the standards prescribed by Cabinet Order) may 
exploit a work that has been made avai lable or presented to the public (this 
includes a work that has been made available for transmission; the same 
applies hereinafter in this Article) (hereinafter in this  Article and Article 47-6, 
paragraph (2), item (ii) referred to as an "available or presented work") (limited to a publicized work or a wo rk made available for transmission), in 
any way and to the extent considered to be necessary in light of the purpose 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 exploitation"); prov ided, 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 presented 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 ow ner 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 ti tle or author name of a work in which 
information that a person is searching for (hereinafte r 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) 
associated with information being searched for that has been made available for transmission, or for any other info rmation concerning the identification 
or location of information being searched  for; and making the results of that 
search available; 
 (ii) undertaking computerized data analysis and furnishing the results of that 
analysis; 
 (iii) an action that Cabinet Order pr escribes as contributing to increased 
convenience in the lives of the citizenry by creating new knowledge or 
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 (limited to a person who collects, organizes, and 
provides 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 of the available or presented work, the number of copies that would be reproduced or di stributed, or the circumstances of the 
reproduction, public transmi ssion, or distribution. 
  (Exploitation by Means of Transl ation, Adaptation, or the Like) 
Article 47-6 (1) If it is permissible to ex ploit 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 30-2, paragraph (1) or Ar ticle 47-3, paragraph (1): adaptation; 
 (iii) 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; 
 (iv) Article 33-2, paragraph (1), Article 33-3, paragraph (1), or Article 47: 
reformulation or adaptation; 
 (v) Article 37, paragraph (3): transla tion, reformulation, or adaptation; 
 (vi) Article 37-2: translation or adaptation. 
 (2) If, pursuant to one of the items se t 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 permissible 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 preceding 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 prov isions 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 copies thereof: Article 47-5, 
paragraph (1). 
 
 (Transfer of Copies Made Pursuant to Re strictions 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 item  (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); Article 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 here inafter in this A rticle); Article 39, paragraph (1); 
Article 40, paragraph (1) or (2); Ar ticles 41 through 42-2; Article 42-3, 
paragraph (2); Articles 46; Article 47, pa ragraph (1) or (3); Article 47-2; Article 
47-4 or 47-5, is also perm itted to be made available to the public through the transfer of a copy 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 do es 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, paragraph (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, pa ragraph (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, 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 purpos e of personally enjoying or causing another 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 paragrap h (4) of that Article); Article 33-2, 
paragraph (1); Article 33-3, paragraph (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, paragrap h (1), and it is co mmon 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 must  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 pursua nt to the provisions of Article 40, 
paragraph (1); Article 46; or Article 47-5, paragraph (1) is exploited pursuant to those provisions; 
 (ii) a derivative work created pursuant to the provisions 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 first 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, paragraph (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 su ch a copy (this includes making the 
derivative work available for transmission; the same applies hereinafter), for 
a purpose other than what is st ipulated 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 Articl e 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 therein, 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 Articl e 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 provided 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 translation, musical 
arrangement, reformulation, or adaption 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 accordance 
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 fo r 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 expl oit that derivative 
work with the purpose of personally enjoying 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 that distributes a copy of a derivative work that has been created 
based on the application of the provisions 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 Article, irre spective 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 Mo ral Rights of Authors) 
Article 50 The provisions of this Subsecti on must not be interpreted as affecting 
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 be gins at the time th e work is created. 
 (2) Unless otherwise specified in this Section, a copyright subsists for a period of 
70 years after the death of the author (o r 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 paragraph 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 referre d to in the preceding paragraph. 
 
 (The Term of Protection for Wo rks Attributed to an Organization) 
Article 53 (1) The copyright to a work whose authorship is attributed to a 
corporation or other organization subsis ts for a period of 70 years after the work is made public (or for 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 re ferred to in the preceding paragraph. 
 (3) With respect to the duration of co pyright 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 provided 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 year s 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 cinematograp hic work expires at the expiration of 
the duration of copyright, the copyright to original work connected with that 
cinematographic work also expires as  regards the expl oitation of the 
cinematographic work. 
(3) The provisions of the preceding two Articles do not apply to the copyright to a 
cinematographic work. 
 
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 which each volume, issue, or in stallment 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 ma de public, the last of the parts of the 
work that has been made 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 period af ter a work is made public or created, 
in a case referred to in Article 51, pa ragraph (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 Wo rks, the WIPO Copyright Treaty, or the 
Marrakesh Agreement Establ ishing 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 Contracting 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 co pyright 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 that author, and are 
inalienable. 
 
 (Protection of Moral Interest s 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 that 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 au thor in light of the nature and extent 
of the conduct as well as changes in social circumstances and other conditions. 
 
Section 6 Transfer and Ex piration of Copyright 
  (Transfer of a Copyright) 
Article 61 (1) A copyright may be tr ansferred in whole or in part. 
 (2) If a contract for the transfer of a copyright makes no particular 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 dies, and th e 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 copy right 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 au thorize 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 to exploit a work under the authorization referred to in paragraph (1) 
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 broa dcasting or cablecasting of a work, 
does not include authorization to reco rd 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 authori zation referred to in paragraph (1) to make a work 
available for transmission, making th e work available for transmission 
repeatedly or using another automatic pu blic transmission se rver to make the 
work available for transmission within the scope of the manner and conditions 
of exploitation unde r authorization (other than those that concern the number 
of times the work may be made availa ble for transmission or the automatic 
public transmission server that may be used to make the work available for 
transmission). 
  (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 agreem ent 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 among 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 copyright") is not 
entitled to transfer or pledge that sh are of the joint copyright without the 
consent of the other co-owners. 
 (2) A joint copyright may not be exercised without th e unanimous agreement of 
all the co-owners. 
 (3) In a case referred to in the prec eding two paragraphs, a co-owner may not, 
without justifiable grounds, refuse the co nsent 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 the preceding Article apply 
mutatis mutandis to the exe rcise of a joint copyright. 
  (Copyrights That Have Become Subject to Pledge) 
Article 66 (1) The copyright owner is entitl ed to exercise a copyright even if a 
pledge has been established with the copyright 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 th e transfer of the copyright or the 
exploitation of the work (including co nsideration for the establishment of a 
print right); provided, howe ver, 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 Compulsory 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 has 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 Commissioner of the Agency for Cultural Affairs, after depositing comp ensation 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 deposit 
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 th e "national or local government or 
equivalent corporation" in this paragraph and the following Article) seeks to 
exploit a work pursuant to the provisions of that paragraph. In such a case, if 
the national or local government or e quivalent corporation becomes able to 
contact the copyright owner, it must pay compensation to the copyright owner 
in the amount established by the Comm issioner 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) must 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 that the copyright owner 
cannot be contacted and the materi als 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 license under that paragraph, and give the date on which the compulsory license was issued. 
 
 (Exploitation of a Work While an A pplication for a Compulsory License Is 
Pending) 
Article 67-2 (1) If a person that applies for the compulsory li cense 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 th e compulsory license (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 expl oit the work if it is clea r 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 government or an equivalent corporation seeks to use a work pursuant to the provisions 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 pursuant 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 provisions 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 provisions of paragr aph (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 license (unless the user ha s 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 Affairs as equivalent to the amount of 
royalties for having exploited the work pu rsuant 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 coll ateral deposited pursuant to the 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 application (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 compensa tion to the copyright owner in the 
amount equivalent to the royalties for having exploited the work pursuant to 
the provisions 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 pending 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 pa y 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 collateral deposited pursuant to the 
provisions of paragraph (1) in connec tion 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. 
  (Broadcasting 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 entered 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 co pyright owner in the amount that has 
been fixed by the Commissioner as equivalent 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 th e broadcast is intended for to receive 
the transmission, or communicated public ly through a receiv er. 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, transmits 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 th e authorization of the copyright owner 
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 agreement 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 compulso ry 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) The 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 State or an incorporated  administrative agency that has been 
designated by Cabinet Order in considerat ion of the contents of its business or 
other circumstances (referre d to as "the national or local government or an 
equivalent corporation" in Article 78, paragraph (6) and Article 107, paragraph 
(2)). 
 (3) Upon receipt of an application for the compulsory license referred to in 
Article 68, paragraph (1) or the preceding Article, the Commissioner of the 
Agency for Cultural Affair s must notify the copyri ght owner affected by the 
application of this, and must afford the copyright owner an opportunity to 
express an opinion, 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 refe rred 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 pa ragraph (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 applicant 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 notice 
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 has been a petition from a user with a pending application to 
withdraw that user's application for th e compulsory license referred to in 
Article 67, paragraph (1), the Commissioner of the Agency for Cultural Affairs 
is to issue a disposition denying the applicant the compulsory license. 
 (8) Beyond what is provided for in the preceding paragraphs, any necessary 
particulars involved in the compulsory li censes 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 Af fairs must consult with the Culture Council. 
(i) a calculation method referred to in Article 33, paragraph (2) (including 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 provisions (or a disposition denyin g 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 pr eceding paragraph, the copyright owner 
must be the defendant if the person bringing the action is the person exploiting 
the work, and the person exploiting th e 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 refe rred 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, howeve r, that this does not apply if the 
person that was issued the dispositio n 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 followi ng 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 Article); 
Article 33-2, paragraph (2); Article 33-3, paragraph (2); Article 68, paragraph 
(1); or Article 69 must deposit the compensation instea d of paying it: 
 (i) compensation is offered and the copyright owner refuses to receive the 
compensation; 
 (ii) the copyright ow ner is unable to receive the compensation; 
 (iii) the person required to pay cann ot 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) with 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 referre d to in item (iv) of the 
preceding paragraph, the person that is required to pay compensation must 
pay the sum that accords with the pers on'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 nearest 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 reside nce of the depositor in any other case. 
(4) A person that makes a deposit referr ed to in the preceding paragraph must 
notify the copyright owner of that deposi t; 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 may have the registration referred to in the preceding paragraph 
made after the author's death by the pe rson 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 registration 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 work 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 programming 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 preceding 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 al teration as a result of a trust, or a 
restriction on its disposal; 
 (ii) the establishm ent, 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 restriction 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 Cu ltural 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 equivalent 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 in the Official Gazette. 
 (4) Any person may enter a request with  the Commissioner of the Agency for 
Cultural Affairs to be delivered a certifie d copy or a certified abstract of entries 
in the copyright register or a copy of its annexed documents, to 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 paragraph must pay 
the fee that has been fixed by Cabinet Or der 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 or local government or an equivalent corporation 
 (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 Access to Administrative Organs' Information do 
not apply to the copyright regist er 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 apply 
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 particulars 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 se t forth in Article 21 or Article 23, 
paragraph (1) (hereinafter in this Ch apter referred to as "the owner of 
reproduction rights or public transmission rights") 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 the 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 record ed 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 (t his in includes making it transmittable, 
other than through a broadcast or cablec ast, if the work is transmitted via 
automatic public transmission; hereinafte r the same applies in this Chapter) 
using a copy of that work that has been  recorded on a reco rding medium in the 
relevant format (referred to as "the act of public transmission" in Article 80, 
paragraph (2) and Article 81, item (ii)). 
 (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 Substance 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 s ubject to those print rights, pursuant to 
the act of establishment: 
(i) the right to reproduce the unaltered original work 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 reco rding medium in a format provided for 
in Article 79, paragraph (1). 
 (2) Notwithstanding 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 ye ars have passed since the first act of 
printing or act of public transmission (r eferred to as the "act of printing or 
public transmission" in Article 83, para graph (2) and Article 84, paragraph (3)) 
following the establishment of the print rights, the owner of the reproduction rights or public transmission rights may reproduce such work or transmit such 
work to the public by compiling the rele vant 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 another person to reproduce the 
work that is the subject of those prin t 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, paragraphs (2), (3) and (5) apply mutatis 
mutandis to cases provided  for in the preceding para graph. In this case, the 
term "the copyright owner" in paragraph (3) of that Article 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 concerned 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; prov ided, however, that this does not apply 
if otherwise stipulated in the act of establishment: 
 (i) the owner of print rights connected wi th 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 whic h 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 undertak e 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 paragraph (1), item (ii) of the following Article) has the following 
obligations: 
 (a) the obligation to undertake the a ct of public transmission for a work 
within a period of six months after the date on which the owner of print 
rights has been transferre d 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 transmitting the work to the public, by the owner of the reproduction rights or public transmission 
rights; 
 (b) the obligation to continual ly 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 make adjustments, 
additions, or dele tions 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 ri ghts transmits the wo rk 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 agai n, the owner must notify the author of 
this in advance. 
 
 (Duration of Print Rights) Article 83 (1) The duration of print righ ts 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 af ter the establishment of those rights. 
 (Claim to the Extinguish ment 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 owne r 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 rights 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 least three months and called upon the 
owner of print rights to perform the obli gation within that period, the owner of 
the print rights does not perform that obligation within that period, the owner 
of reproduction rights or public trans mission rights may ex tinguish 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 provisions of Article 30, paragraph (1) (except item (iii); the 
same applies in following paragraph); A rticle 30-2, paragraph (2); 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 s ubject to print rights. In this case, the 
term "copyright owner" in 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, paragraphs (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, paragraph (1) is deemed to be  replaced with "print rights". 
 (2) The following persons are deemed to have undertaken the reproduction 
referred to in Article 80, paragraph (1), item (i): 
 (i) a person distributing a copy of a wo rk 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, 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 re ferred 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 othe r than what is prov ided for in those 
provisions; 
 (ii) a person using a copy of a work that has been created based on the 
application of the provisions of Arti cle 30-4 as applied mutatis mutandis 
pursuant to the preceding paragraph to exploit that work with the purpose of personally enjoying or causing another person to enjoy the thoughts or 
sentiments expressed therein, irrespective of the manner in which the person exploits it; 
 (iii) a person using a copy of a work that has been created based on the 
application of the provisions of Articl e 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 those provisions, 
irrespective of the manner in which the person exploits it. 
 (3) The provisions of Article 30-2, paragraph (2); Article 30-3; Article 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, paragraphs (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 public transmission of works subje ct to print rights. In this  case, the term "copyright 
owner" in 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 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 prin t rights may be transferred or pledged 
only with the authorization of the owne r 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 establishmen t of a print right, its transfe r, 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 establishmen t, transfer, alteration, or termination of a right of pledge 
established on a print right (except wh en 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 restrict ion on its disposal. 
 (2) The provisions of Article 78 (except paragraph (3)) apply mutatis mutandis to the registration referred to in the prec eding paragraph. In this case, the term 
"copyright register" in Article 78, paragraphs  (1), (2), (4), (8), and (9) is deemed 
to be replaced with "register of print rights". 
 
Chapter IV Neighboring Rights 
Section 1 General Rules 
 
 (Neighboring Rights) 
Article 89 (1) Performers enjo y 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 th e 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, paragraph (1), as well as the 
right to secondary use fees provided for in Article 97, paragraph (1) and the right to remuneration provided fo r in Article 97-3, paragraph (3). 
 (3) Broadcasters enjoy the rights prov ided for in Articles 98 through 100. 
 (4) Cablecasters enjoy the rights prov ided 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 remu neration and the right to secondary use 
fees referred to in paragraphs (1) an d (2)) are called neighboring rights. 
  (Connection between the Rights of  Authors and Neighboring Rights) 
Article 90 The provisions of this Chapter must not 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 ri ght to decide whether to use the 
performer's name, stage name, or any ot her name to indicate 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 manifested a different intention, a person 
exploiting a performance may indicate th e 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 found that that doing so is 
unlikely to harm the interests of the performer in a cl aim to being the 
performer in that performance, in light of the purpose and ci rcumstances of its 
exploitation, or if the omission is found to be compatible wi th fair practices. 
 (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 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 In corporated Administrative Agencies' 
Information, or information disclosure ordinance, and the name of the 
performer is indicated in accordance wi th how the performe r 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 incorporat ed 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 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 that would damage  the performer's ho nor 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 modi fications that are 
found to be compatible with fair practices. 
 
 (Sound Recording Rights an d Visual Recording Rights) 
Article 91 (1) A performer ha s 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 recorded 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 pursuant 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 of 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 excl usive 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 Ar ticle 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 visual s are recorded with the purpose of using 
them in 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 Articl e 91, paragraph (1):  (i) a person that uses or makes avai lable a sound or visual recording made 
pursuant to the provisions of the preceding paragraph, for a purpose other than broadcasting or fo r the purpose referred to in the proviso to that 
paragraph; 
 (ii) a broadcaster that receives a sound or visual recording being 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 Ma de 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 the following broadcasts: 
 (i) a broadcast using the sound and vi sual 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 recording 
made available by the authorized broadc aster 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 supplied 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) 
Article 95 (1) If a broadcaster or cablec aster (hereinafter in this Article and Article 97, paragraph (1) referred to as a "broadcaster or cablecaster") makes a 
broadcast or cablecast using a commerci al phonogram (including phonograms 
made available for transmissions; the sa me 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 and makes a cablecast simultaneously, for non-comm ercial purposes and withou t 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 producer 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 pu rsuant 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 Perfor mers, etc. for the ph onograms 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 Contracti ng State of the Co nvention 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 (inc luding 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 exclusively 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 members 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 pe rsonally and properly perform functions 
involved in exercising the right to re ceive the secondary use 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 refe rred to in paragraph (5) must not refuse to exercise a 
right on behalf of a right holder 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 fe es referred to in paragraph (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 th e 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 of Article 70, paragraphs (3), (6), and (8), Articles 71 (limited 
to the part concerned with item (ii)), and  Articles 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 repl aced 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, paragraph (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 "associat ion referred to in Ar ticle 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 this does no t apply if unfair trade pra ctices are used or if it 
would unreasonably harm the interest s of the enterprises concerned. 
 (14) Beyond what is provided for in pa ragraphs (5) to (13), necessary particulars 
involving the payment of the secondary us e fees 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 excl usive 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 right 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 tran sfer of a sound or visual recording 
(except those referred to in items (i) an d (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 performance 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 pers ons 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 ri ght equivalent to the righ t set forth in paragraph 
(1), or by the owner of any right equi valent 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 excl usive right to make that performer's 
performance available to the public by renting out commercial phonograms 
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 rent ing 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) apply 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 provided 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 Arti cle apply mutatis mutandis. 
 
Section 3 Rights of Producers of Phonograms 
 
 (Right of Reproduction) 
Article 96 The producer of a phonogram has the exclusive 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 cabl ecaster broadcasts or cablecasts a 
commercial phonogram (unless it receiv es a broadcast transmission and makes 
a cablecast simultaneously, for non-comm ercial 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 Article 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 paragraph (3) of that Arti cle 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 phonogra m 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 ph rase "term of protection th at performers are granted" 
is deemed to be replaced with "term of protection that producers of phonograms 
are granted". 
 (3) If an association is in existence (inc luding 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 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 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 phonogram 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 of the following items:  (i) copies of a phonogram that are trans ferred 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 Arti cle 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 of a phonogram that are transferred abroad, without prejudice to 
any right equivalent to the right provid ed 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 paragraph 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 ph onograms, it must 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 remuneration 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 para graph (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 th is Article apply mutatis mutandis to the 
preceding paragraph. In this case, in paragraph (5), the phrase "Article 95, 
paragraph (6)" is deemed to be repl aced 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 receipt 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 and 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 transmission 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 tran smissions 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 special 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 transmission. 
 
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 cablecast, 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 transmission. 
  (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 rece ipt 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 Protection 
 
 (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 perform ance takes place; 
 (ii) for a phonogram, th e time that the first fixa tion 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 Interest s 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, howe ver, 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 co nduct as well as changes in social 
circumstances and other conditions. 
 
Section 8 Limitations, Transfer, Exe rcise, and Registration of Rights 
 
 (Limitations on Neighboring Rights) Article 102 (1) The provisions of Article 30, paragraph (1); Articles 30-2 through 
32, Articles 35, and 36; Article 37, paragr aph (3); Article 37-2 (except item (i); 
the same applies in the following para graph); 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 (2) and 
Article 47-7 apply mutatis mutandis to the exploitation of a performance or 
phonogram that is the subject of neighboring rights; the provisions of Articles 33 through 33-3 apply mutatis mutandis to the exploitation of a performance or 
cablecast that is th e subject of neighboring rights; and the provisions of Article 
44, 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 44, paragraph (1), the phrase "A rticle 23, paragraph (1)" is deemed to 
be replaced with "Article 92, paragraph (1); Article 99, paragraph (1); or Article 100-3", and in Article 44, 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 "performance, etc.") are reproduced 
pursuant to the provisions of Article 32;  Article 33, paragraph (1) (including as 
applied mutatis mutandis pursuant to the provisions of paragraph (4) of that Article); Article 33-2, paragraph (1); A rticle 33-3, 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 indicate 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 Article 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 recording, and to present 
the performance or phonogram to the public through the transfer of copies 
thereof, for the purpose refe rred 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 im pairments 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 recorded 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 performance 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 data 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 th e broadcast is intended for to receive 
that broadcast; provided, however, that this does not apply if doing so would 
prejudice the rights of the person that owns the rights prov ided for in Article 
99-2, paragraph (1) with re spect 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 pr eceding 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 th e person to cablecast th e work or use a special 
instrument that enlarges images to communicate the work to the public based 
on the receipt of that broadcast or cabl ecast transmission, and to receive such a 
broadcast transmission and simultaneously make the work available for 
transmission (but only by inputting the data into an automatic public transmission server that  is connected with a public telecommunications 
network) with the objective of allo wing an exclusive 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. 
pursuant 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, 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 ); 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 provisions 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, irrespe ctive of the manner in which the person exploits 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. for a pu rpose 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 provisions 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 Mo ral 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 affe cting the protection of the moral rights 
of performers. 
  (Transfer and Exercise 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 those rights; the provisions of Article 63 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, paragraphs (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)); an d Article 74 to the exploitation 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 "A rticle 23, paragraph (1)" is deemed to 
be replaced 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 th e registration of neighboring rights. In this case, 
in paragraphs (1), (2), (4), (8), and (9 ) of the latter Arti cle, the phrase "the 
copyright register" is deemed to be replaced with "the register of neighboring 
rights". 
 
Chapter V Compensation for Exploitation  in Connection wi th Limitations of 
a Copyright; Related Matters. 
Section 1 Compensation 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 pers ons that own the right to receive the 
compensation referred to in Article 30, paragraph (2) (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 
Commissioner 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 to 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 an d visual recording in connection with 
sound recorded for the purpose of private use (unless the recorded sound is exclusively for use with reco rded 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 recording. 
  (Designation Criteria) 
Article 104-3 The Commissioner of the Agen cy 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 compen sation 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 Article 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 private 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 pers ons that perform professionally in 
Japan; 
 (d) an association (including a federa tion 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 resolutions 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 person that purchases a machine or recording medium 
specified by Cabinet Order which is as referred to in Article 30, paragraph (2) 
(hereinafter in this Article and the following Article referred to as a "specified 
machine" and a "specified recording medium", respecti vely) (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 the 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 recording, for the priv ate 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 reco rding and private visual recording. 
 (3) Notwithstanding the provisions of Ar ticle 30, paragraph (2), a person that 
uses a specified machine for which compensation for private sound and visual recording has been paid as per a reques t for payment under the provisions of 
paragraph (1) of this Article to do private sound recording or private visual 
recording on a specified recording medi um 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 pa y 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 compensation for 
private sound and visual recording has be en refunded for the relevant specified 
machine or specified reco rding medium pursuant to  the provisions of the 
preceding paragraph. 
 
(Cooperation by Manufacturers) Article 104-5 If a designated association requests 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 (referred to as a 
"manufacturer, etc." in paragraph (3) of the following Article) must cooperate 
with the designated association in conn ection 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 ri ght 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 Ar ticle 30, paragraph (2), 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 referred 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 manufacturers, 
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 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 30, paragraph (1) (including as applied mutatis mutandis pursuant to 
the provisions of Article 102, paragraph (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 referre d 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 appl ies 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 (2). 
 
 (Expenditures for Underta kings Related to the Protection of Copyright) 
Article 104-8 (1) A designated association must expend an amount equivalent to 
the Cabinet-Order-specified rate of within 20% of the amount of compensation 
for private sound and visual recording (l imited to such compensation as paid 
pursuant to the provisions of Articl e 104-4, paragraph (1)), for undertakings 
related to the protection of copyrigh t and neighboring rights, as well as 
undertakings that contribute to promoting the creation and dissemination of works. 
 (2) Before establishing the Cabinet Orde r 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 Commissioner may issue any 
order that is necessary for supervising the relevant functions.  
 (Collection of Reports) Article 104-9 If the Commissioner of the Agen cy 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 f unctions connected with compensation or 
request it to submit its books, docume nts, and other materials, or may issue 
any recommendations 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 designated 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 Comp ensation 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 pers ons that own the right to receive the 
compensation referred to in Article 35, paragraph (2) (including as applied 
mutatis mutandis pursuant to the provisions of Article 102, paragraph (1); the 
same applies hereinafter in Article 10 4-13, paragraph (2) and Article 104-14, 
paragraph (2)) (hereinafter in this Se ction referred to as  “compensation for 
public transmission for classes”) (hereinafter in the following paragraph and 
item (iv) of the following  Article wherein persons ar e 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 refe rred 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 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 public transmission for classes.(Designation Criteria) 
 Article 104-12 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 sa tisfies 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 transmi ssion 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 applies hereinafter in paragrap h (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 classes; 
(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 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 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 p ublic transmission for classes; 
(d)  an association (including a federa tion of associations) that has as its 
members persons  that own the right provided for 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 those 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 resolutions 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 th is 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 ri ght 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 Cultural Affair s. The same applies to cases where a change in the 
amount is made to the amount.   
(2) Notwithstanding the provisions of Arti cle 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 
educational 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 ra te 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 circumstances. 
(5)  Before granting the approval referre d 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 f unctions 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 where a change is made to rules. 
(2) The rules referred to in the precedin g paragraph must include the particulars of the distribution of compensation for public transmission fo r classes, and the 
designated association must establish the particulars of the distribution in consideration of the purport of the provision of Article 35, paragraph (2). 
 
(Expenditures for Undertaki ngs Related to the Protection of Copyright) 
Article 104-15 (1) A designated association must expend an amount equivalent to 
an amount calculated pursuant to the provisions of Cabinet Order in 
consideration of how a work, etc. is exploited, expenses for administrative 
handling related to the di stribution 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 protecting copyright 
and neighboring rights, as well as unde rtakings that contribute to promoting 
the creation of works and to their dissemination. 
(2) Before establishing the Cabinet Orde r 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 th e Agency for Cultural Affairs
 finds it is necessary, 
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 Commissioner 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 report on its functions connected 
with compensation; may request that it submit its books, documents, and other materials; or may issue any recommen dations necessary fo r improvement in 
the way in which the designated association executes its functions connected 
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 Copyri ght 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 this 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 related 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 for 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 the person that 
would be required to pay an application fee pursuant to the provisions of that 
paragraph is the national or local government or an equivalent corporation 
  (Referral to Mediation) 
Article 108 (1) If the Commissioner of the Agency for Cultural Affairs receives an 
application based 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 mediatio n, or if the commissioner finds that a 
party has applied for mediation without due cause 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 mediator 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 reporti ng this to the Commissioner of the 
Agency for Cultural Affairs. 
 
 (Delegation to Cabinet 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 112 (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 mora l 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 infringe ment, or demand that any other measures 
necessary to effect the cessation or prevention of infringement be taken. 
  (Acts Deemed to Constitute Infringement) 
Article 113 (1) The following acts are deem ed to constitute infringement of the 
moral rights of the author, the copyright,  the print rights, the moral rights of 
the performer, or the neighboring rights: 
 (i) the importation, for the purpose of di stribution 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 th e 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 for 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 ob ject imported as referred to in the 
preceding item), with knowledge of such infringement. 
 (2) 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 in item (i) of the 
preceding paragraph 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 infringement at the time that the person acquired  the title to use the copy. 
 (3) The circumvention of technologica l exploitation restriction measures 
(meaning making it possible to view or listen to a work, etc. that technological exploitation restriction meas ures 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 in 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 that is justified for the purpose of 
research or technological development in connection with technological 
exploitation restriction measures, or ot herwise does not harm the interests of 
the owner of the Copyright; Related Matters. 
 (4) The following acts are deemed to cons titute infringement of the moral rights 
of the author, the copyri ght, 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 which 
this is found to be unavoidable in li ght of the purpose and circumstances of 
the exploitation of the work or performance, etc.); 
 (iii) the distribution, importation, or po ssession for the purpos e of distribution, 
of copies of a work or performance, etc. with the knowledge that an act 
referred to in one of the preceding tw o 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. 
(5) With regard to the application of th e provisions of the preceding paragraph, 
the right to receive the remuneration prov ided 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 neighboring rights (including the owner of rights deemed to be neighboring rights pursuant to the provisions of paragraph (5) 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)". 
(6) If the owner of a copyright or neighbor ing rights that pers onally publishes or 
allows another person to publish a commercial phonogram intended for distribution in Japan (hereinafter in this paragraph referred to as a 
"commercial phonogram for domestic dist ribution") 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 commercial phonog ram 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 publication of the commerci al phonogram for domestic distribution 
are unreasonably adversely affected by the distribution in Japan of the commercial phonogram for foreign distri bution; 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 commerci al phonogram for 
domestic distribution which has passed beyond the Cabinet-Order-specified 
period of not more than seven years counting from the day on which that phonogram is first published in Japan. 
 (7) 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 has 
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 pe rformance, or a copy of a phonogram, the person does not know that the original or copy of th e work, sound or visu al 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 negligent 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, infrin ges the owner's copyright, print rights, 
or neighboring rights, and the infrin ger 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 pu blic via automatic 
public transmission) that constitutes an act of infringement, the amount calculated by multiplying the number 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 re ferred to as "copies 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 incu rred, within the limi ts of an amount 
proportionate to the ability 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 circumst ances is deducted from the amount of 
damage thus calculated. 
(2) If a copyright owner, the owner of pr int rights, or the owner of neighboring 
rights claims compensation for damage incurred due to infringement, against a 
person that, intentionally or due to neg ligence, infringes the owner's copyright, 
print rights, or neighboring rights, and the infringer has made 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 rights, 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 compensation 
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 claims compensation 
for damage pursuant to the provisions of the preceding paragraph against a person that has infringed the owner's co pyright or neighboring rights and the 
copyright or neighboring rights are managed by a copyright manager provided 
for in Article 2, paragraph (3) of th e Copyright Management 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 amount of royalties for the work, etc. associated with the copyright 
or neighboring rights, calculated based on  those of the provisions of the royalty 
rules established by the copyright manager that are provided for in Article 13, paragraph (1) of the Copyright Management Business Act which are applicable 
to the circumstances of the exploitation of the work, etc. as sociated with the 
act of infringement (if there are several methods for calculating 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 refe rred to therein. In such a case, the 
court may consider the absence of intent or gross negligence by the person that 
infringed the copyright, print rights, 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 rights, to constitute  an act of infringement or to have 
been made through an act of infringeme nt, 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 reasonable 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, th e moral rights of a performer, or 
neighboring rights, the court, at the pe tition of a party, may order a party to 
submit documents that are needed to prov e the relevant act of infringement or 
to calculate the damage caused by the relevant act of infringement; provided, 
however, that this does no t apply if the person in po ssession of such documents 
has just cause for refusing to submit them. 
 (2) If the court finds it to be necessar y in order to judge whether the just cause 
set forth in the proviso to the preceding paragraph is present, the court may 
have the person in possession of docume nts present such documents. In such a 
case, no person may reques t 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 referre d to in the second sentence of the 
preceding paragraph and hear opinions with regard to whether the just cause 
provided for in the proviso to paragraph (1) is present, the court may disclose 
that document to the parties, etc. (m eaning the parties (or if a party is a 
corporation, its representative), or the parties' agents (other than litigation 
representatives and assistants 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) The provisions of the preceding three paragraphs apply mutatis mutandis to 
the presentation of the object of any in spection 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 pa rties must explain the particulars 
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 extre mely 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, th e moral rights of a performer, or 
neighboring rights, if a prima facie showing of circumstances that fall under both of following is made with rega rd 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 applies 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 no t apply if the party, etc., litigation representative, or 
assistant 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 trade secret kept by a party is de tailed 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 disclo sed pursuant to th e provisions of 
Article 114 -3, paragraph (3)); 
 (ii) the use of the trade secret referre d to in the preceding item for a purpose 
other than pursuing litigation or the di sclosure of that trade secret would be 
likely to hinder the business activities of the party that are based on that trade secret, and it is necessary to rest rict such use or disclosure in order to 
prevent such hindrance. 
 (2) A petition for an or der 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 tra de secret that would be made the subject 
of the confidentiality protective order; 
 (iii) facts falling under th e 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 person 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 confid entiality protective order. 
  (Cancelation of a Confidentiality Protective Order) Article 114-7 (1) A person that petitions fo r a confidentiality protective order or a 
person that becomes subject to a confid entiality protective order may file a 
petition with the court that has the case re cord on file (if there is no such court, 
with the court that issued the order) to cancel the confidentiality 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 decisi on is reached on a petition to cancel a confidentiality 
protective order, 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 conf identiality protective order. 
 (4) A judicial decision canceling a confid entiality protective order does not take 
effect until it becomes final and binding. 
 (5) If the court reaches a judicial decisi on to cancel a confidentiality protective 
order, and any person other than the pe rson that has file d the petition to 
cancel the confidentiality protective orde r or the adverse party is subject to a 
confidentiality protective order involv ing the relevant trade secret in the 
litigation in which such confidentialit y protective order was issued, the court 
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 (Act No. 109 of 1996) is reached with regard to the case record in co nnection with litigation in which a 
confidentiality protective order has been issued (excluding litigation with 
regard to which all confidentiality protec tive 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 protective order in the relevant litigation, the court clerk, immediately after such request is filed, must notify 
the party that filed the petition refe rred to in that paragraph (unless the 
person filing that petition is the person  filing the request; the same applies in 
paragraph (3)) that the request has been filed. 
 (2) In a case referred to in the prec eding 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 th at paragraph is entered, until two weeks 
have passed since the day the court cler k receives the request (or if, during those two weeks, a petition for a confiden tiality 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 portio n 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 that 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 portio ns of the case record in 
which the secrets referred to in 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 id entified 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, either in lieu of or in addition to claiming 
damages. 
 
 (Measures to Protect the Author's or Performer's Moral Inte rests Posthumously) 
Article 116 (1) After the death of an author or performer, a surviving family 
member (meaning a surviving spouse, child, parent, grandchild, grandparent, 
or sibling of the deceased author or perf ormer; the same appl ies 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 or Article 101-3 with 
respect to the relevant author or the pe rformer, 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 the 
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 author or performer leaves a 
will stipulating a different order, th e order given in the will applies. 
(3) An author or performer, in a will, ma y designate the person that is permitted 
to file the claim referred to in paragrap h (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 ye ar 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 copyri ght owner in a joint work may file the 
claim referred to in Article 112, claim 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 enri chment in accordance with that co-
author's or co-owner's personal share,  without the consen t of the 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 Pseudonymous Works) Article 118 (1) The publisher of an anonymous or pseudonymous work may file 
the claim referred to in Article 112, A rticle 115, or Article 116, paragraph (1) 
or may claim damages or the return of the benefit of any unjust enrichment in that person's own name, on behalf of the author or the owner of the copyright 
to the work; provided, however, that th is 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 referred 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 
presumed to be the pu blisher 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 neighboring rights pursuant to the 
provisions of Article 113, paragraph (3); one whose action is deemed to constitute infringement of a copyright or neighboring rights (including rights 
deemed to be neighboring rights pursuant to the provisions of Article 113, 
paragraph (5); the same applies in Article 120-2, item (iii)) pursuant to the provisions of Article 113, paragraph (4); one whose action is deemed to 
constitute infringement of a copyright or neighboring rights pursuant to the 
provisions of Article 113, paragraph (6); or  a person set forth in item (iii) or (iv) 
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 both:  (i) a person that infringes the moral righ ts 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 Article 113, paragraph (4)); 
 (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 constitute s an infringement of a copyright, print 
rights, or neighboring rights; 
 (iii) a person that engages in an a ction that is deemed to constitute 
infringement of a copyright, print righ ts, or neighboring rights pursuant to 
the provisions of Article 113, paragraph (1); 
 (iv) a person that enga ges in an action that is deemed to constitute 
infringement of a copyright pursuant to the provisions of Article 113, 
paragraph (2). 
 (3) 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 
neighboring rights) that has undergone so und 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 rights)) that has been  transmitted to the public via an 
automatic public transmission that infrin ges a copyright or neighboring rights 
(including an automatic public transmi ssion that is transmitted abroad and 
that would constitute a copyright or neig hboring rights infringement if it were 
transmitted in Japan), knowing that the automatic public transmission 
constitutes an infringement, is subject to imprisonment for a term of up to two 
years, a fine of up to two million yen, or both. 
 
Article 120 A person that violates the prov isions 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 
imprisonment 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 me asures or technological exploitation 
restriction measures (including an easi ly assembled set of parts for such a 
device) or copies of a computer prog ram with a function that circumvents technological protection measures or technological exploitation restriction 
measures; manufactures, imports, or poss esses 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 limi ted to if the device or 
program is used to enable the infringe ment 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 
(3) through the circumvention of technological exploitation restriction measures); 
 (ii) a person that, in the course of trade, circumvents tech nological protection 
measures or technological exploitation restriction measures at the request of the public; 
 (iii) a person that, for commercial purposes, engages in an action that is 
deemed to constitute infringement of an author's moral rights, a copyright, a performer's moral rights, or neighboring rights pursuant to the provisions of 
Article 113, paragraph (4); 
 (iv) a person that, for commercial 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 (6). 
 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 th e true name of a pers on other than the 
author of the original work or the pseu donym 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 incl udes 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, possession, 
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 pe rson 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 fo r 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 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 State). 
 Article 122 A person that violates the pr ovisions 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; Article 120-2, item (iii) or (iv); Article 121-2; and paragraph (1) of 
the preceding Article, unless an accu sation 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 commits 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 of 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 avai lable 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 expecte d 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 transferred, the circums tances of the tra nsfer 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, e tc. 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; Rela ted Matters. is expected to gain by 
making available or presenting its 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 reproduced, the circumstances 
of its reproduction, or any other conditions). 
 (3) The fee-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 infringes 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 corporation (including the administrator 
of an association or foundation without legal personality) or the agent, 
employee, or other worker of a corporatio n or person violates  the provisions set 
forth in one of the following items in connection with the business 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 puni shment by the fine prescribed in the 
provisions referred to in the relevant item: 
 (i) Article 119, paragraph (1); Article 119 , paragraph (2), item (iii) or (iv); 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 Article 120 through Article 
122: the fine referred to in th e relevant of these provisions. 
 (2) If the provisions of the preceding paragraph are applicable to an association 
or foundation without lega l personality, its representative or administrator represents 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 accusation 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 A rticle 119, paragraph (1) or (2) or Article 122-2, 
paragraph (1), is the period of prescrip tion 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.  
 (Transitional 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 concer n 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 und er the former Act has expired as of the 
time this Act comes into effect, the co rresponding provisions of the new Act 
that concern the expired part of the co pyright 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 the provisions of Articles 94-2 and 95; Arti cle 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 come s into effect (excluding a performance falling under 
one of the items of Article 7 of the new Act) and to a phonogram in which 
sounds are first fixed before this Act co mes 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 the 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 that item on wh ich 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 Ownersh ip of Copyrights to Cinematographic 
Works) 
Article 5 (1) Prior laws continue to go vern the ownership 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 no t 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 co pyright to a work of photographic 
portraiture created on commission befo re this Act comes into effect 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 la w, the automated duplicators prescribed 
in these provisions do not include th ose exclusively used for reproducing 
documents or pictures. 
  (Transitional Measures for Arti stic 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 lo cation provided for in Article 45, 
paragraph (2) of the new Act as of the ti me this Act comes into effect is 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 longer 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 th e provisions of Article 15, paragraph (1) 
of the Supplementary Provisions, a transfe r or other disposal of a copyright as 
referred to the former Act, which is carried  out before this A ct comes into effect, 
is deemed to be the corresponding transfer or other disposal of a copyright as 
referred to in the new Act. 
  (Transitional 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 be fore this Act comes into effect by two 
or more persons whose contributions to the work can be separated so as to 
allow each part of the work to be used independently. 
 (2) With regard to the application of th e provisions of Article 51, paragraph (2) 
and Article 52, paragraph (1) of the ne w Act, the work referred to in the 
preceding paragraph is deemed to be a joint work. 
  (Transitional Measures fo r the Exploitation of a Wo rk 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 commer cial phonogram of a musical work 
whose sound has been recorded onto a commercial phonogram that is sold in 
Japan before this A ct 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 exploi t 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 of 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 Articles 72 and 73 of the new Act apply. 
 (4) In a case referred to in the pr eceding 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 provided for 
in Article 72, paragraph (1) of the new Ac t 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 copy right, 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 is 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 into 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 Ar ticles 80 through 85 of the new Act, the 
provisions of Articles 28-3 to 28-8 of  the former Act remain in force for the 
print rights referred to in pa ragraph (1) of this Article. 
 
Article 14 [Deleted]  
 (Transitional Measures for Neighboring Rights) 
Article 15 (1) A transfer or other disposal of a copyright referred to in the former 
Act that is carried out before this Ac t 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 into 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 correspon ding neighboring rights referred to in 
the new Act. 
 (2) Notwithstanding the provisions of Ar ticle 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 duration 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 copyright ex pires 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 du ration 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 comes 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 pa ragraph (1) of this Article. 
 
 (Transitional Measures for the Distribution of Copies) 
Article 16 Copies of a work, performanc e, or phonogram which have 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 applied, 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 performed be fore this Act comes into effect. 
 
 (Transitional Measures for Penal Provisions) 
Article 18 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. 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 fi xed 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) co mes into effect on July 1, 1984. 
 (2) Cabinet Order may pres cribe the necessary transitional 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 relevant 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 Interi m Measure Act") is hereby repealed. 
 
 (Transitional Measures Accompanying th e 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 obtain s authorization to rent out a commercial phonogram to the public pursuant to the provisions of 
the Interim Measures Act before this A ct 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 In terim 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 po st-amendment Copyright Act comes into 
effect. 
 
 (Transitional Measures for Work s 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 ef fect; and prior laws continue to govern 
a work created before this Act comes into effect. 
 
 (Transitional Measures for the Regi stration of the Date of Creation) 
 (3) The proviso to Article 76-2, paragrap h (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 po st-amendment Copyright Act comes into 
effect, until the day that marks the pass age 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 effe ct 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 govern the applicability of penal provisions to an 
action that a person undertakes be fore 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 Owner ship 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 Neig hboring Rights of Cablecasters and 
Performers)  (3) Provisions of the Copyright Act that concern the neighboring rights of a 
cablecaster or performer (including the provisions of Article 95 and Article 95-3, 
paragraphs (3) and (4)) do not apply to a cablecast that takes place before this Act comes into effect, nor to a perfor mance transmitted in such a cablecast 
(excluding a performance that falls under 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 be fore 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 reproduction, 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 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 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 reproduced co mmercial 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-amendment 
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 the International 
Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations comes in to 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 Co pyright 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 Article 7, item (v) of the new Act, which takes 
place before this A ct 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 provided in the following paragraph; 
 (iii) a broadcast as set forth in Article 9, item (iii) of the new Act, which takes 
place before this A ct comes into effect. 
(3) Prior laws continue to govern a phonog ram 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 Fo reign 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 perfor mance 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 performer 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 [Act 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, it em (v) of the Copyright 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 Copyright 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 Phonograms 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 Articl e 8, item (iii) of the Copyright Act 
(excluding one that Japan is under the obligation to protect pursuant to the 
Convention for the Protection of Phonograms) in which sounds are first fixed before the Amending Act of 1989 comes into effect. 
 (4) Prior laws continue to govern the fi rst day of calculation in the period for a post-term commercial phonogram provided for in Article 95-3, paragraph (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 ou t (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 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 following the year in which the sounds are first fixed into the master (r eferred 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 dist ribution as a commercial phonogram; 
 (ii) the distribution, or the 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 th e twenty-year prohibition,  and for which the day 
marking the end of the twenty-year prohib ition 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 than a phonogram falling under one of the items of Article 
8) that is made available by the prod ucer 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 State), 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 reproduced co mmercial 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 be fore this Act comes into effect. 
 
Supplementary Provisions [Act No. 106 of December 16, 1992] 
 
 (Effective Date) 
(1) This Act comes into effect on the da te fixed by Cabinet Order within six 
months from the date of its promulgation; provided, however, that the 
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  Copyright Act (hereinafter referred to 
as "the new Act") do not apply to privat e sound recording refe rred 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 means 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 ef fect (hereinafter referred to as "the 
effective date"), on a specif ied recording medium referr ed to in that paragraph 
that is purchased befo re 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 visu al 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 wh ich is purchased before the effective 
date, on a specified recording medium re ferred to in that paragraph which is 
purchased after the effective date, comp ensation for private sound and visual 
recording is deemed to ha ve 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 referred to in Article 104-2, paragraph (1), item (i) of the new 
Act or the private visual reco rding 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 af ter 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, 1993] [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 to the preceding Article of 
these Supplementary Provisions, necessa ry 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 th e Marrakesh Agreemen t 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, paragraphs (3) and 
(4)) to a performance set forth in the follow ing 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 A ct") (other than a pe rformance 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 Amendi ng 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; 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 performance 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 corporations 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 broadcasting 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, 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 Copyright Act that concern 
neighboring rights (including the provisions of 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 Supplementary Provisions of the Amending Act of 1991 do not apply: 
 (i) a phonogram that is set forth in Articl e 8, item (iii) of the new Act, and that 
is also set forth in one of 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 fo rth in the following that is also set forth in Article 9, item (iii) of the new Act, the 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 facility 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 apply 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 Co ntracting States include corpor ations 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 A ct Partially Amending the 
Copyright Act (Act No. 87 of 1988), if t hat reproduction takes place after this 
Act comes into effect; nor do the provisio ns of the Article 121-2 of the new Act 
apply to the distribution of the copi es 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, 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 effect 20 da ys 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 da te fixed by Cabinet Order within three 
months after the date of its promulgation. 
  (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 "t he new Act" in the following paragraph) 
apply to a photographic work for whic h 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 time 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 photographic 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. 
 
Supplementary Provisions [Act No. 86 of June 18, 1997] 
 
 (Effective Date) 
 (1) This Act comes into effect on January 1, 1998.  
 (Transitional Measures fo r 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 Copy right Act (hereinafter referred to as 
"the new Act") do not apply if the pe rson that has ma de available for 
transmission via automatic public transm ission, 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 automatic public 
transmission as of the time this Act come s 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 
transmission server, as referred to in Arti cle 2, paragraph (1), item (ix)-5 of the 
new Act in connection with the relev ant 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 fo rm that allows it to be transmitted 
via automatic public transmission), us es the relevant automatic public transmission server to ma ke 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, wi th respect to a perf ormance (other than 
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 be fore this Act comes into effect. 
 
Supplementary Provisions [Act No. 101 of June 12, 1998] [Extract] 
 
 (Effective Date) Article 1 This Act comes into  effect 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 th e effective date 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 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 Article 11 do not apply to a work not yet made 
public (which includes a work made pu blic without the consent of the author) 
that the author makes available, before  this Act comes into effect, to an 
administrative organ or local public enti ty provided for in Article 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 Arti cle 2, paragraph (1), item (xix); the 
provisions amending Article 30, paragrap h (1); the provisions amending Article 
113; the provisions amending Article 119; the provisions that add an Article 
after Article 120; the provisions amending Article 123, paragraph (1); the provisions amending Article 5-2 of the Su pplementary 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 Measures) 
 (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 visual 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 wh o 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 distri bution, by a person that holds a print 
right established before this Act comes in to 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 the di stribution, after the expiration 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 "Articl e 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 19 99; hereinafter referred to as "the adjustment Act" 
falls after the date on which this Act co mes 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 th e phrase "Article 42 or 42-2" is deemed 
to be replaced with "or Article 42", until the day before the ef fective 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] [Extract] 
  (Effective Date) Article 1 This Act (except Articles 2 and 3) comes into effect on January 6, 2001; 
provided, however, that the provisions se t 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 Articles, 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 ef fect as o the day on which the WIPO 
Copyright Treaty comes into force with respect to Japan. 
 
 (Transitional Measures for 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 co nstitutes the court 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 be fore 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 the 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 th e 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 admi nistrative agency, etc. by its author 
before the provisions of the prec eding 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 accordance 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 Chapter 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 refe rred to in the preceding two paragraphs: 
the day on which 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 provisio ns of the post-amend ment Copyright Act 
(referred to hereinafter 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 followin g that is also set forth in Article 7, 
item (iv) of the new Act (excluding a performance 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 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 (A ct No. 43 of 1989; hereinafter referred 
to as "the Amending Act of 1989"); and paragraph (2) of the Supplementary 
Provisions of the Act Partially Amendi ng the Copyright Act (Act No. 63 of 
1991; hereinafter referred to as "the Am ending 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 provisions 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 neighboring 
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 Supplementary 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 Producers of Phonograms Against Unauthorized Duplication of Their 
Phonograms. 
 
 (Transitional Measures for th e 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 performance fixed in a sound or visual 
recording that is made with the authoriz ation of the performe r before this Act 
comes into effect; provided, however, that  this does not appl y if the indication 
of the name of the performer involved in that performance which is 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 pe rformance after this Act 
comes into effect, or if the performanc e is altered after this Act comes into 
effect. 
  (Transitional Measures for the Secondary Use of Commercial Phonograms) 
 (6) Notwithstanding the provisions of Ar ticle 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 paragraph (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 Phonograms 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 t hat phonogram before  the day on which 
the Convention for the Protection of Performers, etc. comes into force with 
respect to Japan. 
 (7) Notwithstanding the provisions of Ar ticle 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 app lication 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 purs uant 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 Contra cting 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 in to effect; and prior laws continue to 
govern a phonogram for which the neighboring rights under the pre-amendment Copyright 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 Information 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 fo r the Term of Protection for Cinematographic Works) 
Article 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, paragraph (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 
duration of copyright for a cinematographic work that is created before the 
Copyright Act comes into effect and wh ich 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 dura tion 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 be fore this Act comes into effect. 
 
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 Transitional 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 provid ed for by Cabinet Order. 
 
Supplementary Provisions [Act No. 84 of June 9, 2004] [Extract] 
 
 (Effective Date) 
Article 1 This Act comes into effect on th e 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 Im portation of Commercial Phonograms) 
Article 2 The provisions of Article 113, paragraph (5) of the post-amendment 
Copyright Act do not apply to a commer cial 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 commerci al phonogram for domestic distribution has been 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 the 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 Tradem arks 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 into effect; provided, however, 
that this does not preclude validity aris ing 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 th e 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 th e date fixed by Cabinet Order within six 
months from the date of its promulgation. 
 
Supplementary Provisions [A ct No. 75 of 2005] [Extract] 
 
 (Effective Date) Article 1 This Act comes into effect on th e 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 measur es connected with the coming into 
effect of this Act are provid ed 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 continue to govern the 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 create d 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 Provisions 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 th e performance of a performer to whom, 
based on the provisions of paragraph (4) of the Supplementary Provisions 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 person 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 into 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 laws 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) 
Article 1 This Act comes into effect on January 1, 2010; provided, however, that 
the provisions amending Article 70, pa ragraph (2); Article 78; Article 88, 
paragraph (2); and Article 104; as well as the provisions of Article 6 of the 
Supplementary Provisions, come 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 So und Recordings for Pe rsons with Visual 
Impairments) 
Article 2 Notwithstanding the provisions of Article 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 prov isions 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") (inc luding as applied mutatis mutandis 
pursuant to Article 102, paragraph (1) of the former Act) (excluding a sound 
recording connected to a work, perfor mance, phonogram, broadcast, or cablecast that it is perm issible 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 fo r the Exploitation of a Wo rk 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; an d 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 The provisions of Article 121-2 of  the new Act do not apply to the act of 
offering to distribute a commercial phon ogram 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 Copyright 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 of penal provisions to an 
action that a person undertakes be fore 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 Provisions [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 promul gation (hereinafter referred to as "the 
effective date"). 
 
Supplementary Provisions [Act No. 74 of June 24, 2011] [Extract] 
  (Effective Date) 
Article 1 This Act comes into effect 20 da ys after the date of its promulgation; 
provided, however, that the provisions se t 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 as 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. 
 
 (Provisions on Coordination) Article 5 If this Act comes into effect before  the effective date of the provisions 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 ne w Article after Article 42-2, the words 
"Article 42-2" in the provisions of the preceding Article that amend the heading 
for Article 42-4 of the Copyright Act ar e deemed to be repl aced with "Article 
42-3". 
 
Supplementary 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 provisions adding an item to Article 19, paragraph (4); the provisions amending Article 30, paragraph (1), item (ii); 
the provisions renaming Article 42-3 to Article 42-4 and adding a new Article after Article 42-2; the provisions amen ding Article 47-9 (limited to the part 
replacing "or Article 46" with ", Articl e 42-3, paragraph (2) or Article 46"); 
the provisions amending the proviso to Article 47-9 (limited to the part 
adding ", Article 42-3, paragraph (2)" under "to Article 42-2"); the provisions 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 provisions amending Article 86, paragraphs (1) and (2) (limited to the part adding ", Article 42-3, paragraph (2)" under "to 
Article 42-2"); the provisions adding an item to Article 90-2, paragraph (4); 
the provisions amending Article 102, paragraph (1) (limited to the part renaming "Article 42-3" as "Article 42 -4"); the provisions  amending 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 provisions amending Article 119, paragraph (1); the provisions 
adding a paragraph to Article 119; th e provisions 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 provisions of Article 18, paragraph (3), items (i) to (iii) of the 
Copyright Act as amended by this Act (her einafter 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 preced ing 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 Incorporat ed 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 incorporat ed administrative agency (meaning a 
Local Incorporated Administrative Ag ency as prescribed in Article 2, 
paragraph (1) of the Act on Local Inco rporated 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. prov ided for in Article 2, paragraph (3) of the Public 
Records and Archives Management Act (Act No. 66 of 2009; hereinafter referred to as the "Public Records M anagement 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 Records Management 
Act or is transferred to th e 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 Managem ent Act; the same 
applies in this paragraph) held by that local government agency or by local 
incorporated administrative agencies; the same applies in this paragraph) as 
facilities for the appropriate preservation  and use of historical public records 
and archives; the same appl ies in the following paragraph) pursuant to public 
records management ordinance. 
 (2) The provisions of Article 18, paragrap h (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 preceding Article come into effect, to the National 
Archives of Japan or th e 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 the Copyright Act prior to its amendment by th is 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, pa ragraph (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 effect). 
 
 (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 infringing a copyright or neighboring rights by digitally recording,  for private use as provided in Article 
30, paragraph (1) of the new Act (including as applied mutatis mutandis pursuant to Article 102, paragraph (1) of the new Act), the sound or visuals of 
a fee-based recorded work, etc. (meaning the sound or visuals of a fee-based work, etc. as prescribed in  Article 119, paragraph (3) of the Copyright Act; the 
same applies hereinafter) received in an automatic public transmission which 
infringe copyrights or neighboring rights that infringes the copyright or 
neighboring rights to that work (inclu ding an automatic public transmission 
that is transmitted abroad and that woul d constitute copyright or neighboring 
rights infringement if it were tran smitted in Japan), knowing that the 
automatic public transmission constitu tes an infringement (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 government 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 specified acts of infringement at 
every opportunity. 
 (3) To apply the provisions of paragraph (1) up until the day before the effective 
date of the provisions prescribed in Article 1, item (ii) of these Supplementary 
Provisions, the phrase "Article 30, paragraph (1) of the new Act (including 
cases where it is applied mutatis mutandis pursuant to Article 102, paragraph (1) of the new Act)" in that paragraph is deemed to be replaced with "Article 30, 
paragraph (1) of the Copyright Act (including as applied mutatis mutandis 
pursuant to Article 102, paragraph (1) of  the Copyright Act)" and the phrase "a 
fee-based work, etc. as pres cribed in Article 119, paragraph (3) of the new Act" 
is deemed to be replaced with "the sound or images in a sound or visual 
recording of a work, performance, phonogram, broadcast, or cablecast (limited to one that is the subject of a copyrigh t or neighboring rights) that is being 
made available or presented to the public for value (limited to one being made 
available or presented to the public without infringing any copyrights or neighboring rights)". 
 
 (Measures to Be Taken by Relevant Enterprises) Article 8 An enterprise that makes available or presents the sound or visuals of a 
fee-based recorded work, etc. to the public must endeavor to take measures to 
prevent specified acts of infringement. 
 
 (Considerations to Operations) 
Article 9 In applying the provisions of Ar ticle 119, paragraph (3) of the new Act, 
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. 
  (Reviews) Article 10 Approximately one year after the provisions of Article 119, paragraph 
(3) of the new Act and Article 8 of these Supplementary Provisions come into 
effect, a review is to be conducted in  consideration of the status of their 
enforcement and necessary measures are to be taken based on the results of 
this review. 
 
Supplementary Provisions [Act No. 84 of November 27, 2013] [Extract] 
 
 (Effective Date) Article 1 This Act comes into effect on th e 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 Supplementary 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 action  undertaken before this Act comes into 
force based on 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-amendment Acts. 
 
 (Transitional Measures for Penal Provisions) Article 101 Prior laws continue to govern the applicability of penal provisions to 
an action that a person un dertakes before this Act co mes 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 Supplementary 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] [Extract] 
 
 (Effective Date) Article 1 This Act comes into effect on th e 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 Amen ding the Pharmaceutical Affairs Act, 
etc. (Act No. 84 of 2013) or the date of  promulgation 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 provisions of the following Article come into effect on the date on which the Beijing Treaty on Audiovisual 
Performances (referred to as the "Audio visual Performances Treaty" in those 
Articles) takes effect in Japan. 
 
 (Transitional Measures for Print Rights) 
Article 3 Prior laws continue to govern print 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 to 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 otherwise provided for in these Supplementary Provisions, prior 
laws continue to govern an administrati ve appeal against a disposition or any 
other action or inaction by an administ rative agency regard ing a disposition or 
other action of an administrative agency that has been undertaken before this 
Act comes into effect, as well as against the inaction of an administrative agency in connection with an application filed before this A ct comes into effect. 
  (Transitional Measures for Litigation) Article 6 (1) Prior 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, an action may not be  filed until after an administrative 
agency's determination, decision, or other action 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 action 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) Prior laws continue to govern an action for revocation that concerns a 
disposition or other action subject to an objection filed pursuant to the provisions of an Act prior to its amen dment 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 response to a 
request for administrative review. 
 (3) Prior laws continue to govern an acti on filed before this Act comes into effect 
seeking the revocation of an administrative agency's determination, decision, 
or other action 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 comes 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 Ar ticle 5 through the preceding Article of 
these Supplementary Provisions, necessa ry transitional measures (including 
transitional measures for offences) connecte d 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 th e date 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 and 
Progressive Agreement for the Trans-Paci fic Partnership take s 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); Article 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 ph onograms 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, paragraph (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 (including a copy that is two or more intervening reproductions removed from the commercial 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 th e master is before the effective date 
(including cases where the day on which the sounds are first fixed 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 th e effective date, and to an action that 
a person undertakes af ter 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 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. 
 
Act to Adjust Related Acts to Coordinat e with the Coming into Effect of the 
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) (including as applied mutatis mutandis pursuant to the provision of paragraph (4) of that Article); Articl e 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 (hereinafte r in this Article referred  to as "the former Act"), 
secondary use fees referred to in Article 95, paragraph (1) or Article 97, paragraph (1) of the former Copyright A ct, remuneration refe rred to in Article 
95-3, paragraph (3) or Article 97-3, para graph (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 provisions to 
an action that a person un dertakes before the effectiv e date and to an action 
that a person undertakes after the effect ive date, but prior laws continue to 
govern pursuant to the provisions of this Act.  
 (Delegation to Cabinet Order) 
Article 362 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. 45 of June 2, 2017] [Extract] 
 
This Act comes into 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 specified 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 provisions amending Article 35; 
the provisions amending Article 48, paragraph (1), item (iii) (limited to the part replacing the term "Article 35" wi th "Article 35, paragraph (1)"); the 
provisions amending the first sentence of Article 86, paragraph (3) (limited 
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 to 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 refe rred 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 Arti cles 47-4 to 47-9 of the Copyright Act 
prior to its amendment under this Act (hereinafter referred to as "the former Act"), copies of derivative works create d in accordance with the provisions of 
Article 30, paragraph (1); Article 31, paragraph (1), item (i) or the second sentence of paragraph (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 de rivative 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 term "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 Articl e)" and "conducted a presen tation 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 pr esentation to the 
public (including making it available for transmission; the same applies in 
item (viii))" and "conducted a presenta tion to the publi c", respectively. 
 
 (Transitional Measures fo r the Exploitation of a Wo rk 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 Ar ticle 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 Copyrigh t Act) before the 
effective date. 
 
 (Preparatory 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 provisions 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 action in 
connection with the same may be undertak en in accordance with the provisions 
of Chapter V, Section 2 of the new Act pr ior to the date on which the provisions 
set forth in Article 1, item (ii) of these Supplementary Provisions come into 
effect (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 between 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 provisio n comes into effect). 
  (Delegation to Cabinet Order) 
Article 7 Beyond as prescribed from Article 2 through the preceding Article of 
these Supplementary Provisions, necessa ry transitional measures connected 
with the coming into effect of this Act are provided for by Cabinet Order. 
 
 (Provisions on Coordination) Article 8 If the effective date of the provis ions set forth in Arti cle 1, item (i) of 
these Supplementary Provisio ns falls before the effecti ve date of the Act to 
Adjust Related Acts to Coordinate with the Conclusion of the Trans-Pacific Partnership Agreement (Act No. 108 of 2016), the term "Article 113, paragraph 
(5)" in the provisions 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, paragraph (4)". 
 
Article 9 (1) If 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 adjustme nt Act"), the phrase "is deleted and the 
term 'exploit' in item (xxi) of that paragraph is replaced with 'execute'" in the provisions 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 (xxi ii) with item (xxiv), item (xxii) with 
item (xxiii), item (xxi) with item (xxii) , and adding an item after item (xx), is 
deemed to be replaced with "execute". 
 
Article 10 If the item  (ii) effective date falls befo re the effective date of the 
adjustment Act, the term "cablecast ([...] in the following item)" in the 
provisions of Article 2, paragraph (1), it em (xx) of the Copy right Act is deemed 
to be replaced with "cablecast ([...] in  the following item and Article 104-15, 
paragraph (1))" upon its application duri ng 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 be fore 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 A rticle 5 of these Supp lementary 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. 
  (Provisions on Coordination Due to the Partial Amendment of the Amended 
Copyright Act) 
Article 5 (1) If 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 phrases "; 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, para graph (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 refe rred to as the 'adjustment Act')", 
respectively 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 th e date fixed by Cabinet Order within one 
year 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) the provisions of Article 30 and Article 31 of these Supplementary 
Provisions: the date of promulgation. 
  (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 to 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 (herei nafter 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 th ese Supplementary Provisions, necessary transitional measures connected with the coming into effect of this Act are 
provided for by Cabinet Order.