1 Copyright Act  
 
(Act No. 48 of May 6, 1970)  
 
The entirety of the Copyright Act (Act No. 39 of 1899) is hereby amended.  
 
Contents:  
Chapter I General Provisions  
Section 1 General Rules (Articles 1 through 5)  
Section 2 Scope of Application (Articles 6 through  9-2) 
Chapter II Rights of Authors  
Section 1 Works (Articles 10 through 13)  
Section 2 Authors (Articles 14 through 16)  
Section 3 The Substance of Rights  
Subsection 1 General Rules (Article 17)  
Subsection 2 Mora l Rights of Authors (Articles 18 through 20)  
Subsection 3 Categories of Rights Comprising Copyright (Articles 21 
through 28)  
Subsection 4 Ownership of Copyright to Cinematographic Works (Article 
29) 
Subsection 5 Limitations of Copyright (Articles 30 th roug h 50)  
Section 4 Term of Protection (Articles 5 1 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 Right s (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 Ri ghts  
Section 1 General Rules (Articles 89 and 90)  
Section 2 Rights of Performers (Articles 90 -2 through 95 -3) 
Section 3 Rights of Producers of Phonograms (Articles 96 through 97 -3) 
Section 4 Rights of Broadcast ers (Articles 98 through 100)  
Section 5 Rights  of Cablecasters (Articles 100 -2 through 100 -5) 
Section 6 Term of Protection (Article 101)  
Section 7 The Exclusive Nature of a Performer's Moral Rights; Related 
Matters (Articles 101 -2 and 101 -3) 2 Secti on 8 Limi tations, Transfer, Exercise, and Registration of Rights 
(Articles 102 through 104)  
Chapter V Compensation for Exploitation in Connection with Limitations of a 
Copyright  
Section 1 Compensation for Private Sound and Visual Recording (Articles 
104-2 through 1 04-10) 
Section 2 Compensation for Public Trans mission by Libraries or Similar 
Facilities (Articles 104 -10-2 to 104 -10-8) 
Section 3 Compensation for Public Transmission for Classes (Articles 104 -11 
to 104 -17) 
Chapter VI Dispute Resolution (Articles  105 thro ugh 111)  
Chapter VII Infringement of Rights (A rticles 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 thi s Act is to provide for authors' rights and 
neighboring  rights with respect to works, as well as with respect to 
performances, phonograms, broadcasts, and cablecasts, and to ensure 
protection for the rights of authors and other such persons while according  
attentio n to the fair exploitation of these cultural p roducts, 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 expressi on of thoughts or sentiments 
that falls within the literary, academic, artistic, or musical domain;  
(ii) "author" means a person who creates a work;  
(iii) "performing" means giving a dramatic performance of, da ncing, giving a 
musical performance of, singin g, delivering, declaiming, or by any other 
means giving a performance of a work (including similar actions not 
involving the performance of a work but having the nature of a performing 
art);  
(iv) "performer" me ans an actor, dancer, musician, singer, or any  other person 
who gives a performance, or a person who conducts or stages a performance;  
(v) "phonogram" means the fixation of sounds on a material object such as a 
phonograph disc or recordi ng tape (other than  of sounds that are intended to 3 be played excl usively alongside images);  
(vi) "producer of a phonogram" means the 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 di stribution;  
(vii)-2 making a "transmission to the public" means making a transmission of 
wireless communications or wired telecommunications with the objective of 
allowing the public to recei ve them directly (e xcluding transmission (unless 
this constitutes  the 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, excluding, if two or more p ersons occupy the 
same premises, transmission using telecommunica tions equipment both ends 
of which are installed within the area a single person occupies));  
(viii) "broadcasting" means the transmission to the public of wireless 
communications with the obj ective of allowing the public to simultaneously 
receive transmiss ions with the same content;  
(ix) "broadcaster" means a person that does broadcasting in the course of trade;  
(ix)-2 "cablecasting" means the transmission to the public of wired 
telecommunicat ions with the objec tive of allowing the public to 
simultaneously receive transmissions 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 pub lic (excluding one that constitutes a broadcas t or cablecast) that is 
made automatically in response to a request from the member of the public;  
(ix)-5 making a work "available for transmission" means making it available to 
be transmitte d via automatic pub lic transmission, through either of the 
follow ing actions:  
(a) recording data onto a recording medium that an automatic public 
transmission server connected with a public telecommunications network 
uses for transmissions to the public (a n automatic public transmission 
server is a device with a functio n that allows it to send automatic public 
transmissions of data recorded onto the area of its recording media that is 
used for automatic public transmissions (hereinafter in this item referre d 
to as a "recordin g 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 automati c public transmissi on server as its 
recording medium for public t ransmissions; converting a recording medium 
onto which data has been recorded into such an automatic public 
transmission server's recording medium for public transmissions; or 4 inputting data into such an automa tic public transmission server;  
(b) connecting  an automatic public transmission server onto whose recording 
medium for public transmissions data has been recorded or into which data 
has been input, to a public telecommunications network (if this is done 
through a series of actions such as connecting c ables, starting up the 
automatic public transmission server, and booting the programs for 
transmission and reception, connecting means the last action in the series);  
(ix)-6 "specified input -type automatic publ ic transmission" means an automatic 
public tra nsmission made by receiving a broadcast transmission and 
simultaneously inputting data to an automatic public transmission server 
that is connected with a public telecommunications network (i ncluding 
making a w ork available for transmission in order to mak e that automatic 
public transmission);  
(ix)-7 "simultaneous broadcast distribution" means an automatic public 
transmission of a broadcast program or cablecast program (including making 
a work  available for tran smission in order to make that automatic publi c 
transmission: hereinafter the same applies in this item), which satisfies the 
requirements set forth in (a) to (c) (excluding automatic public transmission 
designated by the Commissioner of  the Agency for Cul tural Affairs in 
consultation with the Ministe r for Internal Affairs and Communications as 
one that would unreasonably prejudice the interests of the copyright owner, 
the owner of print rights or the owner of neighboring rights (hereinaf ter 
referred to as the "owner of the copyright, etc.") or one tha t cannot be easily 
viewed or listened to widely by citizens, and a specified input -type automatic 
public transmission):  
(a) the automatic public transmission is made within one week from the day 
on which the br oadcast of the broadcast program or the cablec ast of the 
cablecast program takes place (if the broadcast of the broadcast program or 
the cablecast of the cablecast program takes place in series in certain 
intervals under the same title a nd the interval is longer than one week: 
within a period specifie d by the Commissioner of the Agency for Cultural 
Affairs not exceeding one month, depending on that interval) (excluding 
any automatic public transmission made before the broadcast or cableca st 
takes place);  
(b) the automatic public transmission is made wi thout changing the content 
of the broadcast program or cablecast program (excluding an automatic 
public transmission in which the content has been changed by excluding 
part of the broadcast p rogram or cablecast  program for which 
authorization for the autom atic public transmission has not been obtained 
from the owner of the copyright, etc. or due to any other unavoidable 
circumstances); and  5 (c) the automatic public transmission is subject to me asures specified by  
Order of the Ministry of Education, Culture, Sports, Science and 
Technology as measures to prevent or deter the broadcast program or 
cablecast program from being digitally reproduced by receiving that 
automatic public transmission;  
(ix)-8 "simultaneous br oadcast distribution service provider" means a  service 
provider that provides simultaneous broadcast distribution in the course of 
trade by receiving a broadcast program or cablecast program supplied by a 
broadcaster or cablecaster with which the service p rovider has a close 
relationship specified by the Commissioner of the Agency for Cultural Affairs 
(hereinafter simply referred to as a "close relationship") as a personal 
relationship or capital relationship;  
(x) "producer of a cinematog raphic work" means the person that does the 
conceptualizing and h as the responsibility in the production of a 
cinematographic work;  
(x)-2 "computer program" means something expressed as a set of instructions 
written for a computer, which makes the computer  function so that a  specific 
result can be obtained;  
(x)-3 "datab ase" means an aggregate of data such as articles, numerical values, 
or diagrams, which is systematically constructed so that such data can be 
searched with a computer;  
(xi) "derivative work" means a work that a  person creates by translating, 
composing a mu sical 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 per sons whose 
contribu tions to the work cannot be separated so as to  allow each part of the 
work to be used independently;  
(xiii) "recording the sound" of something means fixing sounds into a physical 
object or producing additional copies of that fixation;  
(xiv) "recording the visuals" of something means fixing a sequence of images 
into a physical object or producing additional copies of that fixation;  
(xv) "reproduction" means the physical replication of a work through printing, 
photography, or copying, throu gh the recording of  sound or visuals, or in any 
other way, and, f or 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, o r cablecast of the 
work; and  
(b) an architectu ral work: the construction of a structure in accordance with 
the architectural plan;  
(xvi) giving a "stage performance" means performing a work other than by 6 giving a musical performanc e (a musical performance includes singing; the 
same applies hereinafter ); 
(xvii) giving an "on -screen presentation" means projecting a work (other than 
one being transmitted to the public) on a movie screen or other physical 
object, and includes playing th e sounds accompanying the  projection that are 
fixed to a cinematographi c work;  
(xviii) "recitation" means communicating a work orally by reading it or through 
other means (except for a means that constitutes a performance);  
(xix) "distributing" a work mean s transferring or renting  out copies of a work 
to the public, regardles s of whether this is done for a price or at no charge, 
and with regard to a cinematographic work or a work reproduced therein, it 
includes transferring or renting out copies of such a w ork for the purpose of 
presenting the work to the public;  
(xx) "technol ogical protection measures" means measures that use electronic 
means, magnetic means, or other means that cannot be perceived through 
the human senses (referred to as "electronic or mag netic means" in the 
follo wing item and item (xxii)) to prevent or deter  a person from engaging in 
an action that constitutes infringement 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 referr ed to in Articles 89, paragraph (1), or of 
neighboring rights as referred to in Article 89, paragraph (6) (hereinafter 
referred to as a "Copyright; Related Matters." in this item, Article 30, 
paragraph (1), item (ii), Article 113, paragraph (7) and Article  120-2, items 
(i) and (iv)) (deterring such an  action means deterring a person from 
engaging 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 appl ies in Article 30, paragraph (1), item (ii)) ( excluding any 
measure taken to prevent or suppress such an action that is not based on the 
intentions of the person that owns the Copyright; Related Matters.), and that 
are taken using signals to which a machin e that can be used to exploit a 
work, performa nce, phonogram, broadcast, or cablecast (hereinafter referred 
to as a "work, etc.") will have a specific reaction if the work, etc. is exploited 
(this includes if an action is taken tha t constitutes an infringe ment of the 
moral rights of the author or perf ormer when taken without the consent of 
the author or the performer), by recording such signals onto a recording 
medium, or by transmitting such signals; or by converting the sounds or 
images of a work, perform ance, or phonogram and recording them onto a 
recording medium or converting the sounds or images of a broadcast or 
cablecast and transmitting them, so that a machine that can be used to 
exploit that work, etc. will need to make a s pecific conversion when t he work, 
etc. is exploited;  7 (xxi) "technologic al exploitation restriction measures" means measures that 
use electronic or magnetic means to restrict a work, etc. from being viewed or 
listened to (or from being executed on a compute r, if it is a work of com puter 
programming; the same applies hereinafte r in this item and Article 113, 
paragraph (6)) (excluding any measure taken to restrict this that is not based 
on the intentions of the owner of the copyright, etc.), and that 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; by transmitting such 
signals; or by converting  the sounds or images of a work, performance, or 
phonogram and recordin g them onto a recording medium or converting the 
sounds or images of a broadcast or cablecast and transmitting them, so that 
a machine that can be used to exploit that work, etc. will n eed to make a 
specific co nversion when the work, etc. is viewed or list ened to;  
(xxii) "rights management information" means information about a moral right 
or copyright provided for in Article 17, paragraph (1), a print right, or a right 
referred to in Ar ticle 89, paragraphs (1) to (4) (hereinafter referred to as a 
"Copyrigh t; Related Matters." in this item) which falls under (a), (b), or (c) 
below, and which is recorded onto a recording medium along with the sounds 
or images of a work, performance, or pho nogram, or transmitted al ong with 
the sounds or images of a broadcast o r 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 manag ement of a 
work, etc. (li mited to management by computer)) by electroni c or magnetic 
means:  
(xxiii) "copyright management service provider" means a copyright 
management service provider provided for in Article 2, paragraph (3) of the 
Act on Copyright, etc.  Management Service (Act No. 131 of 2000);  
(xxiv) "in Japan" means with in the jurisdiction of this Act; and  
(xxv) "abroad" means outside the jurisdiction of this Act.  
(2) As used in this Act, an "artistic work" includes a work of artistic 
craftsmanship.  
(3) As used in this Act, a "cinematographic work" includes a work rendere d in a 
manner that produces a visual or audio -visual effect analogous to that of 
cinematography, and that is fixed into a physical object.  
(4) As used in this Act, a "photographic work"  includes a work rendered  using a 
method similar to that which is used to produce a photograph.  
(5) As used in this Act, "the public" includes exclusive groups made up of many 
persons.  
(6) As used in this Act, a "corporation" includes an association or fou ndation that 
is without l egal personality but that has stipulations for  a representative or 8 administrator.  
(7) In this Act, "stage performance", "musical performance", and "recitation" 
include the playback of sound or visual recordings of a stage performan ce, 
musical performance, or recitation of a work (except when this cons titutes 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 telecommunication s facilities (except when  this constitutes a transmission to 
the public ). 
(8) In this Act, "renting out" a work includes any action that causes a person to 
acquire the authority for similar use of it, irrespective of the name given to it 
or the manner in w hich it is done.  
(9) In t his Act, any term as set forth in paragraph (1 ), items (vii) -2, (viii), (ix) -2, 
(ix)-4, (ix) -5, (ix) -7, and (xiii) through (xix), and in the preceding two 
paragraphs encompasses the variant grammatical forms that use the same root.  
 
(Publication of a Work)  
Article 3  (1) A work has been published if t he 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, 
paragrap h (1); the same applies h ereinafter in this and the following Chapter, 
except this paragraph, Article 4, paragraph (1), Article 4 -2 and Article 63), a 
person in favor of whom the print rights set forth in Article 79 have been 
established, or a person autho rized thereby to reproduc e such work (meaning 
the person is authorized to reproduce a work pursuant to the provisions of 
Article 80, paragraph (3); the same applies hereinafter) makes and distributes 
copies of the work in quantities that are reasonably suf ficient for meeting 
publi c demand, commensurate with the nature of the work (limited to when the 
person does so without prejudice to the rights of the person that owns the 
rights set forth in Article 26, Article 26 -2, paragraph (1), or Article 26 -3). 
(2) A n original work is deemed  to have been published if the person that, 
pursuant to the provisions of Article 28, owns the same right to the relevant 
work as the one prescribed in Article 21 or a person authorized thereby makes 
and distributes copies of a tra nslation 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, ow ns 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, respectively, deemed to be the person that 9 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 publishe d or if a person that 
owns a right provided fo r in Articles 22 through 25, a person authorized 
thereby (meaning the person is authorized to exploit a work pursuant to the 
provisions of Article 63, paragraph (1)), a person in fa vor of whom the print 
rights set forth in Article 79 have been established,  or a person authorized 
thereby to transmit that work to the public (meaning the person is authorized 
to exploit a work pursuant to the provisions of Article 80, paragraph (3); the 
same applies hereinafter) pre sents the work to the public by means of a sta ge 
performance, musical performance, on -screen presentation, transmission to the 
public, recitation, or exhibition (if it is an architectural work, this includes 
when the person tha t owns the right set forth in  Article 21 or the person 
authorized thereby ( meaning the person is authorized to exploit a work 
pursuant to the provisions of Article 63, paragraph (1)) constructs it).  
(2) A work is deemed to have been made public if the person that owns the right 
provid ed for in Article 23, paragraph (1), a person authorized thereby, a person 
in favor of whom the print rights set forth in Article 79 have been established, 
or a person authorized thereby to transmit that work to the public makes the 
work available for tran smission.  
(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 pres ents a translation of it to the public which c onstitutes 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, pursu ant to the provisions of Article 28, owns the same right with regard 
to the rel evant work as the right provided for in Article 23, paragraph (1) or a 
person authorized thereby makes that translation available for transmission.  
(4) An artistic work or a pho tographic work is deemed to have been made public 
if the person prescribed in A rticle 45, paragraph (1) exhibits it as provided for 
in that paragraph.  
(5) The person that would own a right provided for in paragraphs (1) through (3) 
of this Article if the w ork were protected under this Act  and a person 
authorized thereby to exploit th e 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)  10 Article 4 -2  A p honogram 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, 
paragra ph (1) as they apply mutatis muta ndis 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 nat ure 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 internation al treaty provides otherwise with  respect to the rights 
of authors and neighbor ing 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 Jap anese national (including a corporation establ ished 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 (inclu ding 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 tre aty. 
 
(Protected Performances)  
Article 7  Only a performance that falls under o ne 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 perfor mance transmitted in a broadcast set forth in Article 9, item (i) or 
(ii) (excluding a performance whose sound or visuals are recorded before the 
transmission with the authorization of the performer);  
(iv) a performance tra nsmitted 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 s et forth in the 
preceding items:  11 (a) a performance that takes place in a Contra cting State of the International 
Convention for the Protection of Performers, Producers of Phonograms and 
Broadcasting Organizations (hereinafter referred to as "the Convention for 
the Protection of Performers,  etc.");  
(b) a performance fixed in a phonogra m set forth in item (iii) of the following 
Article;  
(c) a performance transmitted in a broadcast set forth in Article 9, item (iii) 
(excluding a performance whose sound or visuals are recorded before the 
transm ission with the authorization of the performer ); 
(vi) any of the following performances, other than one also set forth in the 
preceding items:  
(a) a performance that takes place in a Contracting Party to the WIPO 
Perfo rmances and Phonograms Treaty (hereina fter referred to as "the 
WPPT");  
(b) a perform ance 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 p erformance fixed in a phonogram set forth in item (v) of the following 
Article;  
(c) a performance transmitted in a broadcast set forth in Article 9, item (iv) 
(excluding a performance whose sound or visuals are  recorded before the 
transmission with the aut horization of the performer).  
 
(Protected Phonograms)  
Article 8  Only a phonogram that falls under one of the following items is 
protected under this Act:  
(i) a phonogram w hose producer is a Japanese national;  
(ii) a phonogram in which sounds are first fix ed in Japan;  
(iii) any of the following phonograms, other than one also set forth in either of 
the preceding two items:  
(a) a phonogram whose producer is the national of a Contracting State of the 
Convention fo r the Protection of Performers, etc. (the nati onals 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; th e same applies hereinafter);  
(b) a pho nogram in which sounds are first fixed in a Co ntracting State of the 
Convention for the Protection of Performers, etc.;  
(iv) any of the following phonograms, other than one also set forth in the 12 preceding three items:  
(a) a phonogram whose producer is the national of a Contracting Party to the 
WPPT (t he 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 Pa rty; 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 nationa l of a World Trade 
Organization Member  State (the nationals of a Member State includ e 
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 fi xed in a World Trade 
Organization Member State ; 
(vi) a phonogram, other than one set forth in the preceding items, that Japan is 
under the obligation to protect pursuant to the Convention for the Protection 
of Producer s of Phonograms Against Unauthorized D uplication 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 i tems is protected 
under this Act:  
(i) the broadcast of a broadcaster that is a Japan ese 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 tha t is the national of a Contracting State 
of th e Convention for the Protection 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 t he 
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 broadcastin g facility in a World Trade 
Organization Memb er State.  
 13 (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 cabl ecast 
that the cablecaster transmits based on  the receipt of a broadcast; the same 
applies in the following item);  
(ii) a cablecast made from a cablecasting facility in Japan.  
 
Chapter II Rights of Authors  
Section 1 Works  
 
(Examples of Works)  
Article 10  ( 1) The following gives an illustrative exampl e of what is meant, on 
the whole, by the term "works" as it is used in this Act:  
(i) novels, scenarios, articles, lectures, and other literary works;  
(ii) musical works;  
(iii) works of choreography and pantomime ; 
(iv) paintings, woodblock prints, sculpture s, and other works of fine art;  
(v) works of a rchitecture;  
(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 n ews articles that 
communicate nothing further than the facts do not fall within the scope of 
works provided for in item (i) of the preceding paragraph.  
(3) Protection under this Act for a work set forth in para graph (1), item (ix) does 
not extend to the pr ogramming 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 ot her symbols used as a means 
of expressing a co mputer 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 pr ogram, which consists of a 
set of instructions for the computer.  
 
(Derivative Works)  
Article 11  Protection of a derivative work under this Act does not aff ect the 14 rights of the author of the original work.  
 
(Compilations)  
Article 12  (1) A compilation (ex cept a compilation that constitutes a database; 
the same applies hereinafter) that, by reason of the selection or arrangement of 
its contents, constitutes a n intellectual creation is protected as a work.  
(2) Th e 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 
constr uction of information contained therein, const itutes 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 N ot Subject to Copyright)  
Article 13  The follo wing works are not subject to the rights provided for in this 
Chapter:  
(i) the Constitution and other laws and regulations;  
(ii) notifications, instructions , circular notices, and other similar materials 
issued  by a national or local government agency, an independent 
administrative agency (meaning an incorporated administrative agency 
provided for in Article 2, paragraph (1) of the Act on General Rules for 
Independent Administrative Agencies (Act No. 103 of 1999 ); the same applies 
hereinafter), or a local i ndependent administrative agency (meaning a local 
incorporated administrative agency provided for in Article 2, paragraph (1) of 
the Local Independent Admin istrative Agencies Act (Act No. 118 of 2003); 
the same  applies hereinafter);  
(iii) judgments, decisi ons, orders, and decrees of the courts, as well as rulings 
and decisions made by administrative agencies in proceedings of a quasi -
judicial nature;  
(iv) tra nslations 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 Aut horship)  15 Article 14  The person whose name or appellat ion (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 "ps eudonym") is indicated as the name of the author in th e 
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 com puter programming) that an 
employee of a corpo ration 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 comput er programming that an employee of a corporati on, 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 stipula ted otherwise in a contract, in 
employment rules, or elsewhere a t the time the work is made.  
 
(Authorship of a  Cinematographic Work)  
Article 16  The author of a cinematographic work is the person that makes a 
creative contribution to the overall shaping of the work through responsibility 
for its production, direction, staging, filming, art direction, etc., other t han the 
author of a novel, scenario, music, or other work that is adapted into or 
reproduced in the cinematographic work; provided, howe ver, that this does not 
apply if the provisions of the preceding Article a pply.  
 
Section 3 The Substance of Rights  
Subse ction 1 General Rules  
 
(Authors' Rights)  
Article 17  (1) The author of a work enjoys the rights provided for in paragraph 
(1) of the fol lowing Article; Article 19, paragraph (1); and Article 20, paragraph 
(1) (hereinafter referred to as the "moral rights o f 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  16  
(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 author's consent; the same applies hereinafter in this 
Article) has the right to ma ke available or present that work to the publi c. The 
same applies to any derivative work derived from an original work that has not 
yet been made public.  
(2) In a case set forth in o ne of the following items, the author is presumed to 
consent to the action  set forth in the relevant item:  
(i) the autho r transfers the copyright to a work not yet made public: making 
available or presenting the work to the public through the exercise of t he 
copyright to the work;  
(ii) the author transfers the original of an art istic or photographic work not yet 
made public : presenting the work to the public through exhibiting the 
original;  
(iii) the copyright to an author's cinematographic work belongs to the producer 
of the cinematographic work pursuant to the provisions of Art icle 29: making 
available or presenting the wo rk 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 forth in the relevant item:  
(i) the  author makes available a work not yet made pu blic to an administrative 
organ (meaning an administrative organ provided for in Article 2, paragraph 
(1) of the Act on Access to Inform ation Held by Administrative Organs (Act 
No. 42 of 1999; hereinafter refer red 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 Administrati ve 
Organs' Information): making available or p resenting the work to the public 
by the head of the administrative organ, pursuant to the provisions of the 
Act on Access to Administrat ive Organs' Information (if historical public 
records and archives (meanin g historical public records and archives 
provi ded for in Article 2, paragraph (6) of the Public Records and Archives 
Management Act (Act No. 66 of 2009; hereinafter referred to as "t he Public 
Records Management Act"); the same applies hereinafter) pertaini ng to that 
work are transferred from the head of an administrative organ to the 
National Archives of Japan, etc. (meaning the National Archives of Japan, 
etc. provided for in Article  2, paragraph (3) of the Public Records 
Management Act; the same applies h ereinafter)) pursuant to the provisions 
of Art icle 8, paragraph (1) of the Public Records Management Act (unless the 
author of the work manifests an intention to the contrary by the time of the 17 decision to permit the use of that work under the provisions o f Article 16, 
paragraph (1) of the Public Reco rds 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 fo r in Article 15, paragraph (1) of the Public R ecords 
Management Act; the same applies hereinafter), pursuant to the provisions 
of Article 16, paragraph (1) of the Public Records Mana gement Act);  
(ii) the author makes available a work not yet made public to  an incorporated 
administrative agency, etc. ( meaning an incorporated administrative agency, 
etc. provided for in Article 2, paragraph (1) of the Act on Access to 
Information Held by  Incorporated Administrative Agencies (Act No. 140 of 
2001; hereinafter re ferred to as "the Act on Access to Incorporate d 
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, pa ragraph (1) of the 
Act on Access to Incorporat ed Administrative Agencies' Information): making 
available or presenting the work to the public by the incorporated 
administrative agenc y, etc., pursuant to the provisions of the Act on Access 
to Incorporated A dministrative Agencies' Information (if histor ical public 
records and archives pertaining to that work are transferred from that 
incorporated administrative agency, etc. to the Natio nal Archives of Japan, 
etc. pursuant to the provisions of Article 11, para graph (4) of the Public 
Records Management Act  (unless the author of the work manifests an 
intention to the contrary by the time of the decision to permit the use of that 
work under the provisions of Article 16, paragraph (1) of the Public Records 
Manageme nt Act), this includes making available or pre senting 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 availabl e a work not yet made public to a local 
govern ment agency or local incorporated administrative agency (unless the 
author manifests an intention to the contrary by the time of a decis ion to 
make a disclosure): making available or presenting the work to the public by 
an organ of the relevant local gover nment 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 reside nt, etc. to request that local 
government agen cy or a local incorporated administrative agency to disclose 
the information it holds; the same applies hereinafter) (if historical publ ic 
records and archives pertaining to that work are transferred from the l ocal 
government agency or local incorporated a dministrative agency to the local 18 archives, etc. (meaning facilities provided for by public records management 
ordinance (meaning local government agency ordinance prescribing the 
appropriate preservation and u se of historical public records 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 Record s Management Ordinance (unless the 
author of that work manifests an intention to the contrary by the time of the 
decision to permit the use of the work under the provisions of public records 
management ordinanc e (limited to provisions equivalent to the pro visions of 
Article 16, paragraph (1) of the Public Records Management Act; the same 
applies hereinafter in this Article), this includes making available or 
presenting the work to the public by the head of the l ocal archives, etc. 
(meaning the head of the l ocal government agency to which the local archives, 
etc. belongs, if the local archives, etc. are the facility of a local government 
agency facility; or the local incorporated administrative agency by which the  
local archives, etc. was established, if the local archives, etc. are the facility 
of a local incorporated administrative agency; the same applies hereinafter), 
pursuant to the prov isions of public records management ordinance);  
(iv) the author makes avai lable a work not yet made public to the Nation al 
Archives of Japan, etc. (unless the author manifests an intention to the 
contrary by the time of the decision to permit the use of th at work under the 
provisions of Article 16, paragraph (1) of the Public Re cords Management 
Act): making available or pre senting 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 pr ovisions of public 
records management ordinance): making available or pres enting the work to 
the public by the head of t he 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 o rgan pursuant to 
the provisions of that Articl e, 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 p rovisions of Article 7 of the Act on Access to Administrative 
Organs' Inform ation;  19 (ii) 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 
Incorpora ted Administrative Agencies' Information has been recorded is 
made available  or presented to the public by an incorporated  administrative 
agency, etc. pursuant to the provisions of that Article, or a work not yet 
made public is made available or presented to the public by an incorporated 
administrative agency, etc. pursuant to the  provisions of Article 7 of the Act 
on Access to Incorporated Administrative Agencies' Information;  
(iii) a work not yet made public (limited to a work in which information 
equival ent to that provided for in Article 5, item (i), (b) or the proviso to 
Artic le 5, item (ii) of the Act on Access to Admini strative Organs' 
Information has been recorded) is made available or presented to the public 
by a local government agency or by a loca l incorporated administrative 
agency pursuant to the provisions of informati on disclosure ordinance 
(limited to those with  provisions equivalent to Article 13, paragraphs (2) and 
(3) of the Act on Access to Administrative Organs' Information; the same 
appl ies in item (v));  
(iv) a work not yet made public (limited to a work in whic h information 
equivalent to that provided for in Article 5, item (i), (c) of the Act on Access 
to Administrative Organs' Information has been recorded) is made available 
or present ed to the public by a local government agency or by a local 
incorporated adm inistrative 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 gove rnment agency or by a local incorporated administrative agency 
pursuant to t he provisions of information disclosure ordina nce that are 
equivalent to the provisions of Article 7 of the Act on Access to 
Administrative Organs' Information;  
(vi) a work not yet  made public in which information provided for in Article 5, 
item (i), (b) o r (c) or the proviso to Article 5, item (ii) o f the Act on Access to 
Administrative Organs' Information or information provided for in Article 5, 
item (i), (b) or (c) or the provis o to Article 5, item (ii) of the Act on Access to 
Incorporated Administrativ e 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 Administra tive Organs' 
Information has been recorded) is made available or presented t o the public 
by the head of the local archives , etc. pursuant to the provisions of public 20 records management ordinance (limited to ordinance with provisions 
equivalent to Article 1 8, paragraphs (2) and (4) of the Public Records 
Management Act);  
(viii) a wo rk not yet made public (limited to a work in w hich information 
equivalent to that provided for in Article 5, item (i), (c) of the Act on Access 
to Administrative Organs' Informatio n has been recorded) is made available 
or presented to the public by the hea d 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 decid e whether to use the 
author's true name or pseudonym to indicate the name of  the author on the 
original work or in connect ion 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 
indicat ed in connection with that work. The same applies with regard to how 
the nam e of the author of the original work appears a t the time any derivative 
work derived from it is made available 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 a uthor in accordance with how the author 
has al ready done so in connection 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 
purpos e of the work and the circumstances of its exp loitation, provided that the 
omission is compatible with fair practices.  
(4) The provisions of paragraph (1) do not apply in any of th e following cases:  
(i) the work is made available or presented to the public  by the head of an 
administrative organ or by an incorporated administrative agency, etc., a 
local government agency, or a local incorporated administrative agency 
pursuant to the provisions of the Act on Access to Administrative Organs' 
Information, the A ct on Access to Incorporated Administrative Ag encies' 
Information, or information disclosure ordinance, and the name of the author 
is indicated in accordance with how the author ha s already done so on that 
work;  
(ii) the work is made available or presented  to the public by the head of an 
administrativ e organ or by an incorporated administrative agency, etc., a 
local government agency, or a local incorporated administrative agency 
pursuant to the provisions of Article 6, paragraph (2) of the Act on Access to  
Administrative Organs' Information, the provi sions of Article 6, paragraph 
(2) of the Act on Access to Incorporated Administrative Agencies' Information, 
or the provisions of info rmation disclosure ordinance that are equivalent to 
the provisions of Articl e 6, paragraph (2) of the Act on Access to 21 Adm inistrative Organs' Information, and it is a case in which the name of 
the author is to be omitted;  
(iii) the work is made available o r presented to the public by the head of the 
National Archives of Japan, etc . or the head of the local archives, etc. 
purs uant to the provisions of Article 16, paragraph (1) of the Public Records 
Management Act or the provisions of public records managemen t ordinance 
(limited to provisions equivalent to the relevant paragraph of t he 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 an d its title, and is not to be made to suffer a ny alteration, cut, or other 
modification thereto that is contrary to the author's intention.  
(2) The provisions of the preceding para graph do not apply to the following 
modifications:  
(i) the alteration of a w ritten character or word, or any other modific ation 
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), or Article 34, 
paragraph (1), which is f ound to be unavoidable for the purpose of school 
education;  
(ii) the modification of an architectural work by means of extension, rebu ilding, 
repair, or remodeling;  
(iii) the necessary modifications to make it so that a work of computer 
programming that ot herwise cannot be executed on a particular computer 
can be executed on that computer, or to make it so that a work of computer 
program ming can be executed more effectively on a computer;  
(iv) a modification oth er than as set forth in the preceding three it ems, which 
is found to be unavoidable in light of the nature of the work and the purpose 
and circumstances of its exploitation.  
 
Subse ction 3 Categories of Rights Comprising Copyright  
 
(Right of Reproduction)  
Article 21  The author of a work has the exclus ive 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 wor k with the purpose of having it 
seen or heard directly by the public (hereinafter referred to as "publicly").  22  
(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 presenta tion.  
 
(Right to Transmit to the Public)  
Artic le 23  (1) The author of a work has the exclusive right to transmit to the 
public that work (this includes the right to make the  work available for 
transmission, if the work is to be transmitted to the public v ia automatic public 
transmission).  
(2) The aut hor of a work that will be transmitted to the public has the exclusive 
right to publicly communicate that work through a receive r. 
 
(Recitation Rights)  
Article 24  The author of a literary work has the exclusiv e right to recite that 
work publicly.  
 
(Exhibi tion Rights)  
Article 25  The author of an artistic work or of an unpublished photographic work 
has the exclusive right to public ly exhibit the original work.  
 
(Distribution Rights)  
Article 26  (1) The author of  a cinematographic work has the exclusive righ t to 
distribute copies of that cinematographic work.  
(2) The author of a work that is reproduced in a cinematographic work has t he 
exclusive right to distribute that work in copies of the cinematographic work.  
 
(Right of Transfer)  
Article 26 -2  (1) The aut hor 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 t he cinematographic work; the same applies hereinafter in this 
Article).  
(2) The pr ovisions of the preceding paragraph do not app ly if a work is made 
available to the public through the transfer of an original or copy that falls 
under a category provided fo r 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 o wns the right provided for in the preceding paragraph or a 
person authorized thereby;  23 (ii) a copy of a work that is transferred to the public based on a compulsory 
license under the provisions of Article 67, pa ragraph (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 Conseq uence of the Enforcement 
of the Universal Copyright Convention (Act No. 86 of 1956);  
(iii) a c opy of a work that is transferred to the publi c 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 th e right provided for in 
the preceding paragrap h 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 t ransferred abroad by the person that owns any right 
equivalent to the right set forth in that paragraph or a person authorized 
thereby.  
 
(Right to Rent Out)  
Artic le 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 o ut copies 
of the work (if the work is one that has been reproduced in a cinematographic 
work, this excludes making t hat work available to the public by renting out 
copies of the cinematographic work).  
 
(Transla tion Rights, Adaptation Rights, and Other Righ ts) 
Article 27  The author of a work has the exclusive right to translate that work, 
compose a musical arrangement o f it, reformulate it, dramatize it, make a 
cinematographic adaptation of it, or otherwise adap t the work.  
 
(Rights of the Original Author in  Connection with the Exploitation of a 
Derivative Work)  
Article 28  The author of the original work underlying a der ivative work holds 
exclusive rights in the same categories as the rights prescribed in this 
Subsection that the author of the derivative wor k holds in connection with the 
exploitation of that derivative work.  
 
Subsection 4 Ownership of Copyright to Cinemat ographic Works  
 
Article 29  (1) If the author of a cinematographic work (excluding a 
cinematog raphic 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 th e cinematographic work that the author will participate in its 24 production, the copyright to th at cinematographic work belongs to the produce r 
of the cinematographic work.  
(2) Among the rights in the copyright to a cinematographic work (excluding a 
cinemato graphic work to which the provisions of Article 15, paragraph (1) 
apply) that a broadcaster pr oduces solely as a practical means of broadcas ting 
or simultaneous broadcast distribution, 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 broa dcast 
work, transmit the broadcast work via sp ecified input -type automatic public 
transmission, or publicly communicate the broadcast work through a 
receiver;  
(ii) the right to transmit the work via simultaneous broadcast distribution, and 
the right to pub licly communicate the work transmitted via sim ultaneous 
broadcast distribution, through a receiver; and  
(iii) the right to reproduce the work and to distribute co pies of it to other 
broadcasters.  
(3) Among the rights in the copyright to a cinematographic w ork (excluding a 
cinematographic work to which  the provisions of Article 15, paragraph (1) 
apply) that a cablecaster produces solely as a practical means of cable casting 
or simultaneous broadcast distribution, the following rights belong to the 
cablecaster  as the producer of the cinematographic work:  
(ii) the right to transmit the work via simultaneous broadcast distribution, and 
the right to publicly communicate t he work transmitted via simultaneous 
broadcast distribution, through a receiver; and  
(iii) 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 copyrigh t (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 s cope (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 th e circumvention 
of technological protection me asures (meaning that the removal or alteration 
of the signals provided for in Article 2, paragraph (1), item  (xx) or any other 25 action that interferes with the effect of the signals (excluding any such action 
resulting from technological constraints accompa nying the conversion of 
recording or transmission systems) or the restoration of sounds or images of 
a work,  performance, phonogram or broadcast or cablecast which has been 
converted so as to necessitate a spec ific conversion as prescribed in that item 
mak es it possible to take an action that the technological protection 
measures prevent or makes it so that a ba rrier no longer arises as a result of 
an action that the technological protection measures deter (othe r than a 
restoration made based on the intenti ons of the person that owns the 
copyright, etc.); the same applies in Article 113, paragraph (7) and Article  
120-2, items (i) and (ii)) or a barrier to reproduction of the work no longer 
arises as a result of t hat circumvention, and the user reproduces the  work in 
knowledge of this fact;  
(iii) the work is received via an automatic public transmission that infrin ges a 
copyright (including an automatic public transmission that is transmitted 
abroad and that would constitute copyright infringement if it were 
transmitted in Japan), and the user records the sounds or visuals of the work 
in digital format (hereinafter referred to as "specified infringing sound or 
visual recording" in this item and the following paragra ph), in knowledge of 
the fact that the relevan t action constitutes the specified infringing sound or 
visual recording;  
(iv) the work is received via an au tomatic public transmission that infringes a 
copyright (excluding the rights provided in Article 28 (l imited to those for a 
derivative work created by a method other than translation); hereinafter the 
same applies in this item) (including an automatic publ ic transmission that 
is transmitted abroad and that would constitute copyright infringement if it 
were  transmitted in Japan), and the user reproduce s the work in digital 
format (excluding sound and visual recording; hereinafter the same applies 
in this ite m) (excluding reproduction that is minor in light of the percentage 
of the reproduced part in the work  relevant to the copyright, the accuracy of 
indications made at the time the part is transmitted via automatic public 
transmission, and other elements; he reinafter in this item and the following 
paragraph referred to as "specified infringing reproduction") , in knowledge of 
the fact that the relevant a ction constitutes the specified infringing 
reproduction (excluding the case where there are special reasons for finding 
that the action would not unreasonably prejudice the interests of the 
copyright owner in l ight of the nature or purpose of the work or t he 
circumstances of the specified infringing reproduction).  
(2) The provisions of items (iii) and (iv) of th e preceding paragraph must not be 
interpreted as including the case where a user undertakes the releva nt action 
through gross negligence in not know ing the fact that the relevant action 26 constitutes the specified infringing sound or visual recording or the specified 
infringing reproduction.  
(3) A person who, for private use, records the sound or visuals of a work in a 
digital format, on a digital sound  or visual recording medium that is provided 
for by Cabinet Order, by means of a machine with digital sound or visual 
recording functions (excluding a machine with special performance capabilities 
for use in th e broadcasting business or other special perfo rmance capabilities 
that are generally not offered for private use, and also excluding a telephone 
with a so und 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 amount of compensation to the copyright 
owner.  
 
(Exploitation of Incidenta lly Captured Works)  
Article 30 -2  (1) In the process of taking photographs, recording sounds or visual s, 
broadcasting, or otherwise reproducing imag es or sounds of objects or 
communicating them without undertaking reproduction (hereinafter in this 
paragrap h, referred to as "act of reproducing or communicating"), any other 
work comprising objects or sounds that are captured incidentally along with 
the objects or sounds captured during the act of reproducing or communicating 
(hereinafter in this paragraph ref erred to as "objects or sounds captured for 
reproduction or communication") (those captured incidental ly include the 
objects or sounds captured as c onstituting a part of the objects or sounds 
captured for reproduction or communication; hereinafter in this paragraph 
referred to as "incidentally captured objects or sounds") (but only another work 
that consti tutes a minor part of the materials created or  communicated by the 
act of reproducing or communicating (hereinafter in this Article referred to as 
"create d or communicated materials"), in light of the percentage of the work in 
the created or communicated m aterials, the accuracy of its replication in t he 
created or communicated materials, and other elements; hereinafter in this 
Article referred to as an "inc identally captured work") may be exploited, in any 
way, in connection with the act of reproducing or c ommunicating, within the 
scope that is justifi ed in light of the existence or nonexistence of the intention 
of making profit through the exploitation of t he incidentally captured work, the 
degree of difficulty in separating the incidentally captured object s or sounds 
from the objects or sounds capture d for reproduction or communication, the 
role to be played by the incidentally captured work in the created or 
communicated materials, and other elements; provided, however, that this does 
not apply if the acti on would unreasonably prejudice the interests of the 
copyright owner in light of the nature or purpose of the incidentally captured 
work or the circumstan ces of its exploitation.  27 (2) An incidentally captured work exploited pursuant to the provisions of the  
preceding paragraph may be exploited, in any way, in connection with the 
exploitation of the created or communicated materials relevant to the 
incidental ly captured work; provided, however, that this does not apply if the 
action would unreasonably prejudi ce the interests of the copyright owner in 
light of the nature or purpose of the incidentally captured work or the 
circumstances of its exploitation.  
 
(Exploiting a Work as Part of the Investigation Process)  
Article 30 -3  A person seeking to exploit a work  with the authorization of its 
copyright owner  or after obtaining a compulsory license under the provisions of 
Article 67, paragraph (1); Article 68, para graph (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 authorization or a compulsory li cense 
(inclusive of the process for obtaining the authorization or compulsory license); 
provided, howe ver, 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 wor k or the circumstances of its exploitation.  
 
(Exploitation without the Purpose of Enjoying the Thought s or Sentiments 
Expressed in a Work)  
Article 3 0-4  It is permissible to exploit a work, in any way and to the extent 
considered necessary, in any of the f ollowing cases, or in any other case in 
which it is not a person's purpose to personally enjoy or caus e another person 
to enjoy the thoughts or sent iments 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 ci rcumstances 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 analysi s (meaning the extraction, comparison, 
classif ication, or other statistical analysis of the constituent language, 
sounds, images, or other elemen tal 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 explo ited 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 works of computer programming, such 
exploitation excludes the execution of the work on a computer), beyond as set 28 forth in the preceding two items.  
 
(Reproduction in Libraries and Sim ilar Facilities; Related Matters)  
Article 31  (1) In the following cases and as part of non -commercial undertak ings 
at the National Diet Library or at a libr ary or other facility specified by 
Cabinet Order whose purpose is to offer books, records, and othe r materials for 
the public to use (hereinafter referred to as a "library or similar facility" in this 
Article a nd Article 104 -10-4, paragraph (3)), it is per missible for a person to 
reproduce a work from a book, record, or other material of the library or 
similar facility (hereinafter referred to in the following paragraph and 
paragraph (6) as a "library material") : 
(i) when providing a single user of the libr ary or similar facility with a single 
copy of a part of a work that has been made public (or the wh ole of public 
relations materials, research or statistical materials, reports or any other 
similar works, which  have been prepared by a national or local gov ernment 
agency, incorporated administrative agency, or local incorporated 
administrative agency wit h the goal of making them widely known to the 
general public, and have been made public under the authorship of  such 
agency (referred to as a "publicity mate rial of a national government agency, 
etc." in the following paragraph and paragraph (2) of the fol lowing Article) or 
any other work specified by Cabinet Order as a work for which there are 
special reasons for finding that making a copy of the whole of the  work 
available would not unreasonably prejudice the interests of the copyright 
owner.) in response  to the user's request and for the purpose of the user's 
research or studies;  
(ii) when necessary for the purpo se of preserving library materials;  
(iii) when  providing a copy of a library material that is difficult to obtain 
through normal trade channels b ecause 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 fr om another library or similar facility.  
(2) A specified library or similar facility may undertake t he following actions as 
part of its non -commercial undertakings with regard to a part of a work that 
has been m ade public (or the whole of publicity material s of a national 
government agency, etc. or any other work specified by Cabinet Order as a 
work for which there are special reasons for finding that the transmission of a 
copy of the whole of the work to the pub lic would not unreasonably prejudice 
the inter ests of the copyright owner.) in response to the request of a user of the 
specified library or simi lar facility (limited to a user who has registered their 
name and contact information and any other information  specified by Order of 
the Ministry of Educati on, Culture, Sports, Science and Technology (referred to 
as "user information" in item (iii) of the  following paragraph and paragraph (8), 29 item (i)) with the specified library or similar facility in advance; th e same 
applies in paragraph (4) and Article 10 4-10-4, paragraph (4)) and for the 
purpose of the user's research or studies; provided, however, th at this does not 
apply if the relevant action would unreasonably prejudice the interests of the 
copyright owner  in light of the nature of the work (including  the status of 
implementation of a transmission to the public (excluding broadcast or 
cablecast; an d including making a work available for transmission in the case 
of an automatic public transmission; hereinaft er the same applies in this 
Article) of the wo rk 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, or a person authorized thereby to transmit that work to the publ ic; 
the same applies in Article 104 -10-4, para graph (4)), the purpose of the work, 
or the circumstances of the transmission to the public made by  the specified 
library or similar facility:  
(i) reproducing library materials as necessary for the transmission  to the 
public as referred to in the following  item; and  
(ii) transmitting to the public the original or a copy of library materials 
(limited to such action undertaken by taking measures specified by Order of 
the Ministry of Education, Culture, Sports, Sci ence and Technology as 
measures to prevent or deter the making available or presentation of a work 
in an electronic or magnetic recor d (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 se nses alone; the same 
applies hereinafter) prepared by receiving the transmission of the  work to 
the public).  
(3) The specified library or similar facility provided for in the preceding 
paragraph means a library  or similar facility which satisfies the follo wing 
requirements:  
(i) it has a person responsible for properly implementing the functi ons related 
to the transmission to the public under the provisions of the preceding 
paragraph;  
(ii) it provides its personn el engaged in the functions related to the 
transmission to the public under the provisions of the preceding paragraph 
with training f or properly implementing these functions;  
(iii) it takes necessary measures to properly manage user information;  
(iv) it ta kes measures specified by Order of the Ministr y of Education, Culture, 
Sports, Science and Technology as necessary measures to preven t or deter 
information in an electronic or magnetic record prepared for the 
transmission to the public under the provisions  of the preceding paragraph 
from being used fo r a purpose other than the purposes provided for in that 
paragraph; and  30 (v) beyond what  is set forth in the preceding items, it takes measures specified 
by Order of the Ministry of Education, Culture, Sports, S cience and 
Technology as necessary measures to  properly implement the functions 
related to the transmission to the public under the p rovisions of the 
preceding paragraph.  
(4) A user of a specified library or similar facility who has received a work 
transmi tted to the public pursuant to the provisions of paragraph (2) may 
reproduce the work to the extent that this is found to be necessar y for using it 
for the purpose of their research or studies.  
(5) Upon transmitting a work to the public pursuant to the pro visions of 
paragraph (2), a person that establ ishes a specified library or similar facility 
provided for in paragraph (3) must pay th e copyright owner of the work a 
reasonable amount of compensation.  
(6) In addition to the cases set forth in the items of p aragraph (1), if, either in 
order to prevent t he loss, damage, or defacement of the original copy of a 
library material that the Nati onal Diet Library offers to the public, or in order 
to use a work that is associated with a rare or out -of-print material i n an 
automatic public transmission (this inclu des making such a work available for 
transmission; the same applies in this Article) pu rsuant to the provisions of the 
following paragraph or paragraph (8), an electronic or magnetic record is 
created at the Na tional 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 wor k that is 
among the library materials of the National Diet Library onto a recording 
medium, to the extent considered necess ary. 
(7) The National Diet Library may transmi t a work that is associated with a rare 
or out -of-print material via automatic public t ransmission using a copy of that 
work that it has recorded onto a recording medium pursuant to the preceding 
paragraph, if the purpose of the transmission is to present the work to the 
public in a library or similar facility, or in a similar foreign facili ty as 
designated by Cabinet Order. In such a case, the library or similar facility may, 
as part of its non -commercial under takings, undertake the following actions:  
(i) preparing a copy of the work that has been transmitted via automatic public 
transmissio n and making the copy available in response to the request of a 
user of the library or similar facility and to the extent t hat this is found to be 
necessary for the user  to use it personally; and  
(ii) publicly communicating the work that has been transmitt ed via automatic 
public transmission, through a receiver (limited to when the library or 
similar facility undertakes the ac tion without any fee (meaning anything of 
valu e received in exchange for making available or presenting a work, 
regardless of what it  is called; the same applies in paragraph (9), item (ii) 
and Article 38) from a person to whom the work is to be communicat ed.).  31 (8) If the following requirements are sa tisfied, the National Diet Library may 
transmit a work associated with a specified rare  or out -of-print material via 
automatic public transmission (limited to such action undertaken by taking 
measures specified  by Order of the Ministry of Education, Cultur e, Sports, 
Science and Technology as measures to prevent or deter the work from being 
digitally reproduced by receiving the automatic public transmission; 
hereinafter the same applies in this paragraph and the following paragraph), 
using a copy of the work  recorded onto a recording medium pursuant to the 
provisions of paragraph (6):  
(i) the automatic public transmission is intended for making the work available 
to the user who has registered their user informati on with the National Diet 
Library in advance ( referred to as the "pre -registered user" in the following 
item); and  
(ii) the National Diet Library has taken measures to identify the person who 
intends to receive the automatic public transmission as a pre -registered user 
at the time of receiving the aut omatic public transmission.  
(9) A person who has received the automatic public transmis sion under the 
provisions of the preceding paragraph may undertake the following actions:  
(i) reproducing the work that has  been transmitted via automatic public 
transmi ssion, to the extent that this is found to be necessary to use the work 
personally; and  
(ii) publicly communicating the work that has been transmitted via automatic 
public transmission, through a receiver, in a ccordance with the requirements 
provided for i n (a) or (b) below according to the category of cases set forth 
respectively in (a) or (b): 
(a) if the person displays the work in a size that is not larger than the size 
specified by Cabinet Order as the size that is equal to the display size 
applied in t he case of inspecting the work personally or at home: the 
person undertakes the action for non -commercial purposes and without 
charging any fee from a person to whom the work is to be communicated; or  
(b) in ca ses other than the case set forth in (a): a fa cility offered for public 
use established by the national government, a local governmen t, general 
incorporated association, general incorporated foundation or any other 
non-profit corporation, which has personn el equipped with knowledge in 
law necessary fo r properly communicating to the public a work that has 
been transmitted via automatic p ublic transmission, undertakes the action 
for non -commercial purposes and without charging any fee from a person to 
whom th e work is to be communicated.  
(10) The specifi ed rare or out -of-print material referred to in paragraph (8) 
means a rare or out -of-print material relevant to a work recorded onto a 
recording medium under the provisions of paragraph (6), except for material s 32 for which the Director General of the Nation al Diet Library, upon the request 
of the copyright owner, a person authorized thereby, a person in favor of whom 
the print rights set forth in Article 79 have been established, or a person 
authorized thereby to  reproduce the work or transmit the work to th e public, 
has found that it is highly probable for the materials to cease to fall under  the 
scope of rare or out -of-print materials within three months from the date of the 
request.  
(11) The request referred to  in the preceding paragraph is to be made to t he 
Director General of the National Diet Library by attaching materials to 
support a pr ima facie showing that it is highly probable for the rare or out -of-
print material subject to the request to cease to fall under the scope of rare or 
out-of-print materi als within three months from the date of the request.  
 
(Quotation)  
Article 32  (1) It i s permissible to quote and thereby exploit a work that has been 
made public. In such a case, the work must be quoted consis tent with fair 
practices and within a scope th at is justified for the purpose of news reporting, 
critique, study, or other place in w hich the work is quoted.  
(2) It is permissible for publicity materials of a national government agency, etc. 
to be reprinte d as explanatory materials in a newspaper, mag azine, 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 prin t a work that has been made public in a 
textbo ok (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; Articl e 70, 
paragraph (1); and Article 82 of that Ac t); the same applies hereinafter), to the 
extent that this is found to be neces sary 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 met hod established by 
the Commissioner of the Agency for Cultural Affairs in consideration of the 
purport of the provisions of the pre ceding paragraph, the nature and purpose of 
the work, the ordinary rate of royalties, and other conditions.  
(3) When the Comm issioner of the Agency for Cultural Affairs has established 
the method referred to in the preceding paragraph, the commissioner 
announces this using the internet or by any other  appropriate method.  
(4) The provisions of the preceding three paragraphs apply  mutatis mutandis to 
the reproduction of works in textbooks intended for use in high school 33 correspondence courses (including corre spondence courses for the upper -class 
levels o f 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 Materi als for Textbooks)  
Article 33 -2  (1) It is per missible to print a work that has been printed in a 
textbook in alternative tea ching materials for textbooks (meaning teaching 
materials provided for in Article 34, paragraph (2) of the School Education Act 
that may be exploited pursuant to Article 34, par agraph (2) or (3) of that Act 
(including cases where these provisions are appli ed mutatis mutandis pursuant 
to Articles 49; Article 49 -8; Article 62; Article 70, paragraph (1); and Article 82 
of that Act); here inafter the same applies in this paragraph); h ereinafter the 
same applies in this and the following paragraph) and exploit th at 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 p rints a work that has been printed in a textbook in alternative 
teaching materials for textbooks pursuant to the provision of the p receding 
paragraph must inform the person that  publishes the relevant textbook of this 
in advance and pay compensation to the  copyright owner in the amount 
calculated based on a method established by the Commissioner of the Agency 
for Cultural Affairs in c onsideration of the purport of the provision o f 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 Cultu ral Affairs has established 
the method referred to in the preceding paragraph, the commissioner 
announces this using the internet or by any other appropriate method.  
 
(Reproduction in Order to Prepare a Large -Print Textbook)  
Article 33 -3  (1) In order to m ake 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 permissible to reproduc e the work with enlarged letters, 
illustrations and the like, or by any other m eans 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 pr ovisions of the preceding paragraph 
(excluding copies in which the works are re produced in Braille, and limited to 
copies in which all of or a considerable part of the works printed in the 34 relevant textbook are  reproduced; hereinafter in this paragraph ref erred to as 
a "large -print textbook, etc.") must inform the person that publish es the 
relevant textbook of this in advance; and, if the person distributes the large -
print textbooks, etc. commercially, the perso n must pay the owners of the 
copyrights to the  relevant works compensation in the amount calculated based 
on a method establi shed by the Commissioner 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 t he Agency for Cultural Affairs has established 
the calculation method referred to in the preceding paragraph, the 
commissioner announces this using the internet or by any other appropriate 
method.  
(4) A person that provides electronic or magnetic records o f the works printed in 
a textbook pursuant to the provisions of Article 5, para graph (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 perso n to broadcast or cablecast a work that 
has be en made public, in broadcast or cablecast programming for schools that 
conforms to the curriculum standards provided for in laws and regulations on 
school education; to transmit the work via area -limited specif ied input -type 
automatic public transmission ( meaning specified input -type automatic public 
transmission made with th e objective of allowing an exclusive audience within 
the service area that the programming is intended for (meaning a service area 
as provi ded in Article 91, paragraph (2), item (ii) of  the Broadcast Act (Act No. 
132 of 1950) or, if a service area is not s pecified for the broadcast, meaning a 
broadcast area as provided in Article 14, paragraph (3), item (ii) of the 
Wireless Telegraphy Act (Ac t No. 131 of 1950)) to receive it; the same ap plies 
hereinafter); or to transmit the work via simultaneous broadcast distribution 
(limited to simultaneous broadcast distribution undertaken by a broadcaster, 
cablecaster or simultaneous broadcast distributio n service provider; the same 
applies in Articl e 38, paragraph (3), Article 39, and Article 40, paragraphs (2) 
and (3) ); 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 edu cation.  
(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.  35  
(Reproduction in Schools and Other Educational Institutions; Re lated Matters)  
Article 35  (1) A person in charge of teaching or a pers on taking classes at a 
school or other educational institution (except one founded for commercial 
purposes) may reproduce a work that has b een made public or transmit that 
work to the p ublic (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 Article), or publicly communicate a  work 
that has been made public and is transmi tted 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 ac tion would unreasonably prejudice the interest s 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 i s transmitted to the public pursuant to the pr ovision of the 
preceding paragraph, a person that establishes an educat ional 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 c ourse of the 
classes at an educational institution referred to in parag raph (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 
exploi ted through a stage performance, musical performance, on -screen 
present ation, 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 simultaneous ly at a place other than that where the 
class is being held.  
 
(Reproduc tion as Examination Questions; Related Matters)  
Article 36  (1) It is permissible to reproduce a work that has been made public as 
a questi on on an entrance examination or other examina tion or in an official 
certification of knowledge or skills, to the ext ent that this is found to be 
necessary for such purpose, and to transmit to the public such a question 
(except in a broadcast or cablecast;  however, it is permissible to make such a 
question available for transmission, if it is to be transmitted to the pub lic via 
automatic public transmission; the same applies in following paragraph); 
provided, however, that this does not apply if the action would unreasonably 
prejudice the interests of the copyright owner in light of the nature or purpose 
of the work or th e circumstances of its transmission.  
(2) A person that reproduces a work or transmits a work to the public for 36 commercial purposes must pay  the copyright owner compensation in an amount  
that corresponds to the ordinary rate of royalties.  
 
(Reproduction for Persons with Visual and Vision -Related Impairments; 
Related Matters)  
Article 37  (1) It is permissible to reproduce in Braille a work that  has been made 
public.  
(2) It is permissible t o use a computerized Braille processing system to reco rd 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 
permis sible to make the work available for transmiss ion, if it is to be 
transmitted to the public via auto matic 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 othe r 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 im pairment") 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 presented to the public in a form that is perceived both 
visually 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 th is 
paragraph and in Article 102, paragraph (4)  referred to as a "visual work"), and 
may transmit suc h a visual work to the public by changing texts in the visual 
work into sounds or in any other form that is necessary to allow the visual 
work to be used by  persons with visual and vision -related impair ments 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 suc h 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 pe rson 
authorized thereby to reproduce the visua l work, or a person authorized 
thereby to transmit the  visual work to the public.  
 
(Reproduction for Persons with Hearing Impairments; Related Matters)  
Article 37 -2  The person set forth by Cabinet Order for ea ch type of exploitation 
set forth in the follo wing items that engages in an undertaking related to t he 
welfare of persons with hearing impairments and other persons whose 37 perception of aural renderings is impaired (hereinafter in this Article and in 
paragr aph (5) of following Article referred to as "p ersons 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 wo rk; hereinafter in this Article referred to as an "aur al work"), 
in the way set forth in the relevant item, within the limits that are found to be 
necessary in order to provide the aural work for exclusive use by persons with 
hearing impairments, etc. who have difficulty in using that aural work in its 
aural form; provided, however, that this does not apply if the aural work has 
already been made available or presented to the public in the necessary form 
for per sons with hearing impairments, etc. to be able  to use it, by the copyright 
owner, a person authorize d 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 wor k, or a person authorized thereby to transmit the 
visual work to the public:  
(i) reproducing an aura l work or transmitting it via automatic public 
transmission (this includes making it available for transmission) by changing 
sounds in the aural work into t exts or in any other form that is necessary to  
allow the work to be used by persons with hearing imp airments, 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 so unds in the aural work by changing the 
sounds into tex ts or in any other form that is necessary to allow the aural 
work to be used by persons with hearing impairments, etc.).  
 
(Stage Performances for Non -Commer cial Purposes)  
Article 38  (1) It is permissib le to publicly give a stage performance or a musical 
performance, make an on -screen presentation, or give a recitation of a work 
that has been made public, if this is done for non -commercial purposes and 
withou t charging a fee to the listening or viewing a udience; provided, however, 
that this does not apply i f a performer or reciter is paid any remuneration for 
the stage performance, musical performance, on -screen presentation, or 
recitation.  
(2) It is permissib le to cablecast a broadcast work or to transmi t such a work via 
area -limited specified input -type au tomatic public transmission for non -
commercial purposes and without charging a fee to the listening or viewing 
audience, with the objective of allowing an e xclusive audience within the 38 service area that  the broadcast is intended for to receive that broadca st. 
(3) It is permissible to publicly communicate a work that is broadcast, cablecast, 
transmitted via specified input -type automatic public transmission or  
transmitted via simultaneous broadcast distri bution (excluding simultaneous 
broadcast distribution that commences after the broadcast or cablecast is 
finished), through a receiver for non -commercial purposes and without 
charging a fee to the listening or viewing audience. The same applies if the 
work  is communicated publicly through a receiver commonly 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 c opies of that work (if 
the work is one that ha s been reproduced 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 ch arging a fee to persons renting copies of the work.  
(5) An audiovisual education facility or any oth er facility (excluding one set in 
place for commercial purposes), designated by Cabinet Order, that aims to offer 
cinematographic films and other audiovisua l materials for public use, or a 
person, provi ded for by Cabinet Order as referred to in the precedi ng Article, 
that is engaged in an undertaking related to the welfare of persons with 
hearing impairments, etc. (limited to a person concerned with item (ii)  of that 
Article, and excluding a person that engages in that undertaking for 
commercial purposes) m ay distribute a cinematographic work that has been 
made public, by renting out copies of it, if it does so without charging a fee to 
the persons renting cop ies of the work. In this case, the person dist ributing the 
work must pay a reasonable amount of comp ensation to the owner of the right 
set forth in Article 26 (including paying such compensation to the person that, 
pursuant to the provisions of Article 28,  owns the same right to the relevant 
work as t he right set forth in Article 26) for the cinematograp hic work or the 
work reproduced in that cinematographic work.  
 
(Reprinting of Editorial Commentary on Current Affairs)  
Article 39  (1) It is permissible for  a person to reprint, in another newspaper or 
magazine, editorial commentary (excluding that of an a cademic nature) on 
political, economic, or social current affairs that has been printed and 
published in a newspaper or magazine; or to broadcast or cableca st such 
commentary, or to transmit such commen tary via area -limited specified input -
type automatic p ublic transmission; or to transmit such commentary via 
simultaneous broadcast distribution with the objective of allowing an exclusive 
audience within the s ervice area that the broadcast is intended for  to receive it; 
provided, however, that this does not apply if it is expressly indicated that 39 such use is prohibited.  
(2) It is permissible to publicly communicate commentary that is broadcast, 
cablecast, trans mitted via area -limited specified input -type a utomatic public 
transmission or transmitted via simult aneous broadcast distribution, 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 s peech or statement delivered 
in public or a public sta tement given in the course of judicial proceedings 
(including one given in the course of a hearing by an administrative agency or 
other proceedings equivale nt to a trial; the same applies in Article 42,  
paragraph (1)), in any way, except for by making a co mpilation of speeches or 
statements by the same author.  
(2) If it is found to be justified for 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 local government agency, incorporated administrative agency, or 
local incorporated administrative agency, other than one under the provisions 
of the preceding paragraph, in a newspaper or magazine; to broadcast or 
cable cast such a speech or statement, or to transmit such a  speech or 
statement via area -limited specified input -type automatic public transmission; 
or to transmit such a speech or statement via simultaneous broadca st 
distribution.  
(3) It is permissible to publ icly communicate a speech or statement that is 
broadca st, cablecast, transmitted via area -limited specified input -type 
automatic public transmission or transmitted via simultaneous broadcast 
distribution, pursu ant to the provisions of the preceding paragra ph, through a 
receiver.  
 
(Reporting of Current Events)  
Article 41  If current events are reported in the news by means of photography, 
cinematography, broadcasting, or other means, it is permissible to reproduc e a 
work that comprises the event or is seen o r heard in the course of the event, 
and to expl oit 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)  
Artic le 42  (1) It is permissible to reproduce a wo rk if and to the extent that this 
is found to b e 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 co pyright owner 
in light of the nature or purpose  of the work, the number of copies that would 40 be made, or the circumstances of its reproduction.  
(2) The provisions of the preceding paragraph also apply if the re production of a 
work is found to be necessary for the following proceedings:  
(i) proceedings involved in a patent, industrial design, or trademark 
examination, the technical valuation of a utility model, or an international 
examination or preliminary exami nation for an international application 
(meani ng international applications provided for in A rticle 2 of the Act on 
International Applications, etc. under the Patent Cooperation Treaty (Act No. 
30 of 1978) by an administrative agency;  
(ii) proceedings rega rding an administrative agency's examination o f a variety 
(meaning the variety as provided in  Article 2, paragraph (2) of the Plant 
Variety Protection and Seed Act (Act No. 83 of 1998)) or examination of a 
registered variety (meaning the registered variety  as provided in Article 20, 
paragraph (1) of t he same Act);  
(iii) proceedings regarding an ad ministrative agency's registration of specific 
agricultural, forestry and fishery products and foodstuffs (meaning specific 
agricultural, forestry and fishery prod ucts and foodstuffs as provided in 
Article 2, paragraph (2) of the Act on Protection of Names  of Specific 
Agricultural, Forestry and Fishery Products and Foodstuffs (Act No. 84 of 
2014); hereinafter the same applies in this item) under Article 6 of the sam e 
Act or designation of specific agricultural,  forestry and fishery products of 
foreign count ries under Article 23, paragraph (1) of the same Act;  
(iv) proceedings regarding an administrative agency's or incorporated 
administrative agency's examination or investigation of pharmaceutical 
affairs (the p harmaceutical affairs include particulars of me dical equipment 
(meaning medical equipment as provided in Article 2, paragraph (4) of the 
Act on Securing Quality, Efficacy and Safety of Products Including 
Pharma ceuticals and Medical Devices (Act No. 145 of 1960)) and 
regenerative medicine products (mean ing regenerative medicine products as 
provided in Article 2, paragraph (9) of the same Act); the same applies 
hereinafter in this item), or proceedings regarding a  report about 
pharmaceutical affairs submitted  to an administrative agency or 
incorporated ad ministrative agency:  
(v) beyond what is set forth in the preceding items, proceedings that Cabinet 
Order prescribes as being similar thereto.  
 
(Exploitation for Di sclosure Pursuant to the Act on Access to Admi nistrative 
Organs' Information and Other Provis ions)  
Article 42 -2  The head of an administrative organ or an incorporated 
administrative agency, etc., local government agency, or local incorporated 
administrati ve agency may exploit a work in order to make available or 41 present that work to the public, t o the extent that this is found to be necessary 
for disclosing the work by each of the means provided for in Article 14, 
paragraph (1) of the Act on Access to Admi nistrative Organs' Information 
(including the provisions of Cabinet Order based on the provis ions of that 
paragraph), Article 15, paragraph (1) of the Act on Access to Incorporated 
Administrative Agencies' Information (including means decided by the releva nt 
incorporated administrative agency, etc. ba sed on the provisions of that 
paragraph (exclud ing anything other than the means provided for by Cabinet 
Order based on the provisions of Article 14, paragraph (1) of the Act on Access 
to Administrative Organs'  Information)), or information disclosure ordi nance 
(excluding anything other than the means set forth in Article 14, paragraph (1) 
of the Act on Access to Administrative Organs' Information (including the 
provisions of Cabinet Order based on the provision s of that paragraph)).  
 
(Exploitation for Pres ervation Pursuant to the Public Records Managem ent 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 assoc iated with the historical 
public records and a rchives to the extent that is found to be neces sary, 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 Re cords 
Management Act or the provisions of publ ic records management ordinance 
(limited to pro visions equivalent to the relevant paragraph of the Public 
Records Management Act).  
(2) The head of the National Archives of Japan, etc. or the head of the local 
archives, etc. may exploit a work to the extent  that this is found to be 
necessary in order to  allow the work to be exploited by each of the means 
provided for in Article 19 of the Public Records Management Act (this includes 
any provisions of Cabinet Order  that are based on the provisions of that 
Article; the same applies hereinafter in this parag raph) 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 avail able or present it to the public pursuant to th e 
provisions of Article 16, paragraph (1) of the Public Records Management Act 
or the provisions of public records management ordinance (limited to 
provisions equi valent to Article 16, paragraph (1) of the Pub lic Records 
Management Act).  
 
(Reproduction for  Collecting Internet Materials and Online Materials under 
the National Diet Library Act)  
Article 43  (1) The Director General of the National Diet Library may reco rd a 42 work that is included in the Internet mat erials 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 Articl e 25-4, paragraph (3) of that Act onto a recor ding 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 associa ted with the materials set 
forth in the followi ng 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 2 4-2 of the National Diet Library Act: 
Internet  materials that the person makes available in r esponse 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 epheme ral sound or visual recording 
of a work that t he broadcaster is permitted to broadcas t or transmit via 
simultaneous broadcast distribution without prejudice to the right set forth in 
Article 23, paragraph (1), for its own broadcasts or simultaneous broadca st 
distribution (including simultaneous broadc ast distribution undertaken by a 
simult aneous broadcast distribution service provider that has a close 
relationship with the broadcaster by receiving a broadcast program supplied by 
the broadcaster) by means of  its own facilities or those of another broadc aster 
that is permitted to broadcast th e same work or transmit it via simultaneous 
broadcast distribution.  
(2) A cablecaster may make an ephemeral sound or visual recording of a work 
that the cablecaster is per mitted to cablecast or transmit via simultaneo us 
broadcast distribution without preju dice to the right set forth in Article 23, 
paragraph (1), for its own cablecasts (except a cablecast it transmits based on 
the receipt of a broadcast) or simultaneous broa dcast distribution (including 
simultaneous bro adcast distribution undertaken by a sim ultaneous broadcast 
distribution service provider that has a close relationship with the cablecaster 
by receiving a cablecast program supplied by the cablecaster) by means  of its 
own facilities.  
(3) A simultaneous bro adcast distribution service provider may make an 
ephemeral sound or visual recording of a work that the service provider is 
permitted to transmit via simultaneous broadcast distribution without 43 prejudice to the  right set forth in Article 23, paragraph (1),  for its own 
simultaneous br oadcast distribution by means of its own facilities or those of a 
broadcaster or cablecaster that has a close relationship with the service 
provider.  
(4) It is not permissible to pre serve a sound or visual recording made pursuan t to 
the provisions of the p receding three paragraphs for a period exceeding six 
months after the recording (or six months after the broadcast, cablecast or 
transmission via simultaneous broadcast distribution,  if the recording is 
broadcast, cablecast or t ransmitted via simultaneous broadcast distribution 
within the period of six months after the recording); provided, however, that 
this does not apply if a recording is preserved in official archives specified by  
Cabinet Order.  
 
(Exhibition of an Artistic Wo rk by the Owner of the Origi nal) 
Article 45  (1) The owner of the original copy of an artistic work or photographic 
work or a person authorized thereby may publicly exhibit that work.  
(2) The provisions of the preceding paragraph do not apply if the origin al copy of 
an artistic work is permanently installed on a street, at a park, or in any other 
outdoor location accessible to the public, or on the outer wall of a building or 
other place easily seen by the publi c. 
 
(Exploitation of an Artistic work on Publi c 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 ar chitectural work, in any way whatsoever except  
the following:  
(i) producin g additional copies of a sculpture or making those additional copies 
of the sculpture available to the public by transferring them;  
(ii) reproducing an architectural work by means of  construction, or making 
copies of an architec tural work so reproduced ava ilable 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 Articl e; 
(iv) reproducing an artistic work for the p urpose of selling copies of it, or 
selling those copies.  
 
(Reproduction in Connection with the Exhibition of an Artistic Work; Related 
Matters)  
Article 47  (1) A person that, without prejudice to the right prov ided 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 44 exhibiting the original copy of a work", and hereinafter in this Article and 
Artic le 47 -6, paragraph (2), item (i) such a work i s referred to as an "exhibit ed 
work"), may print the exhibited work in pamphlets for the purpose of 
explaining or introducing the exhibited work to persons viewing it; and may 
reproduce that exhibited work to t he extent necessary to present it via an on -
screen presentation or to tran smit 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 provisi ons of the following 
paragraph; provided, howe ver, that this does not appl y 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) Fo r 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 a utomatic 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 purp ose of the exhibited work or the circumstances  of its on -screen 
presentati on or automatic 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 pers on exhibiting 
the original copy of a work or a  person designated by Cabine t 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 i t is to be transmitted to the public via an au tomatic public 
transmission) ; provided, however, that this does not apply if the action would 
unreasonably prejudice the interests of the copyright owner in light of the 
nature or purpose of the exhibited work or the circumstances of its 
reproduction or pu blic transmission.  
 
(Reprodu ction in Connection with an Offer to Transfer an Artistic Work; 
Related Matters)  
Article 47 -2  If, without prejudice to the rights set forth in Article 26 -2, 
paragraph (1) and Articl e 26-3, the owner of the original or a copy of  an artistic 
work or photogr aphic 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 wi th that authority or a person 
commissioned the reby 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 tra nsmitted to 45 the public via automatic public tr ansmission) (but the person may do so only if 
that person takes measures to prevent or deter the copy that is made when the 
work is reproduced for the offer, from being used to reproduce the work; 
measures to p revent or deter a person from reproducing the work after 
receiving it in a  transmission to the public; or any other measure designated by 
Cabinet Order as one that stops the interests of the copyright owner from being 
unfairly prejudiced).  
 
(Reproduction b y the Owner of a Copy of a Work of Computer Pr ogramming; 
Related Matters)  
Article 47 -3  (1) The owner of a copy of a work of computer programming may 
reproduce that work to the extent that this is found to be necessary in order for 
the person to execute th e work on that person's own computer; provided , 
however, that this is not the case when the provisions of Article 113, paragraph 
(5) apply to the use that is made of such copies in connection with its execution.  
(2) After the owner of a copy referred to in  the preceding paragraph (including 
copies mad e pursuant to the provisions  of that paragraph) ceases to own one of 
the copies of the work for reasons other than the destruction thereof, the owner 
may not preserve other copies of the work if the copyright o wner has not 
specifically manifested the inten tion to permit this.  
 
(Explo itation 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 in clusive 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 t o make that work 
available to be exploited inc identally on a computer so t hat 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 o r wired 
telecommunications after having receiv ed 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 i t can smoothly and efficiently perform that da ta 
process ing; 
(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 46 transmissions records a work that has been ma de available for automatic 
public transmission  on a reco rding medium in order to prevent delays or 
failures of that other person's automatic public transmissions or in order to 
efficiently transmit a work that has been made available for transmissions so 
as to relay automatic public transmissions of t hat 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 da ta processing that is 
necessary to prepare to provide th at 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 pur pose is to  maintain 
or recover the possibility of exploiting a work on that computer; provided, 
however, that this does not apply if the action would unreasonably prejudice 
the interests of the copyright owner in light of the nature or purpose of the 
work or the cir cumstances of its exploitation:  
(i) if, in order to perform maintenance or repairs on a device that has a 
recording medium built into it, the person temporarily records a work that 
has been recorded o n the recording medium that has been built in to that 
device (hereinafter in this item and the following item referred to as a "built -
in recording medium") on a recording medium other than the built -in 
recording medium, and then re -records that work onto t he built -in recording 
medium after the mainten ance or re pairs;  
(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 th at device's built -in recording medium 
onto a r ecording m edium 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 av ailable an automatic 
public transmission serve r for anot her 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 t ransmission by that automatic public transmiss ion 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 t he 
following items that contributes to facilit ating the exploitation of a work by 
creating new knowledge or information through computerized data processing 47 (this includes a person undertaking a part of such an action; limited to one 
doing so in accordance  with the standards prescribed by Cabinet Orde r) may 
exploit a work that has been made available or presented to the public (this 
includes a work that has been made available for transmission; the same 
applies hereinafter) (hereinafter in this Article and Article 47 -6, paragraph (2), 
item (ii) referre d to as a "available or presented work") (limited to a publicized 
work or a work made available for transmission), in any way and to the extent 
considered to be necessary in light of the purpose of the action s et forth in the 
relevant item, when exploiting  it incide ntal 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 
exploi tation, the volume of the part of that work th at has bee n 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"); provid ed, however, that this does not apply if the p erson 
unde rtakes 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 abr oad, this means that the 
action would constitu te copyrig ht infringement if it took place in Japan); nor 
does this apply if the action would otherwise unreasonably prejudice the 
interests of the copyright owner in light of the nature or purpose of the 
avail able or presented work or the circumstances of  its minor  exploitation:  
(i) using a computer to search for the title or author name of a work in which 
information that a person is searching for (hereinafter in this item referred 
to as "information being sea rched for") has been recorded, for the transmi tter 
ident ification code (meaning the letters, numbers, symbols, or any other code 
by which the transmitter of an automatic public transmission is identified; 
the same applies in Article 113, paragraphs (2) and  (4)) associated with 
information being search ed for tha t has been made available for 
transmission, or for any other information concerning the identification or 
location of information being searched for; and making the results of that 
search available;  
(ii) undertaking computerized data analysis and  furnishin g the results of that 
analysis;  
(iii) an action that Cabinet Order prescribes as contributing to increased 
convenience in the lives of the citizenry by creating new knowledge or 
information through co mputerized data processing and making the resu lts 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 co llects, organizes, and 
provides information in  preparati on to undertake the action in accordance with 48 the standards prescribed by Cabinet Order) may reproduce or make public 
transmissions of an available or presented work (or make the relevant work 
availab le for transmission, if such transmission is b eing 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 prece ding 
parag raph; 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 presen ted work, the number of 
copies that would be r eproduced or distributed, or the circumstances of the 
reproduction, public transmission, or distribution.  
 
(Exploitation by Means of Translation, Adaptation, or the Like)  
Article 47 -6  (1) If it is permissible to exploit a work pursuant to the provisions 
set forth i n 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 pur suant to p aragraph (4) of Article 33); Article 34, 
paragraph (1); and Article 35: translation, musical arrangement, 
reformulation, or adaptation;  
(ii) Article 31, paragraph (1) (limited to the part concerned wi th item (i)), 
paragraph (2), paragraph (4), pa ragraph (7 ) (limited to the part concerned 
with item (i)) or paragraph (9) (limited to the part concerned with item (i)); 
Article 32; Article 36, paragraph (1); Article 37, paragraph (1) or (2); Article 
39, par agraph (1); Article 40, paragraph (2); Article  41; or Ar ticle 42: 
translation;  
(iii) Article 33 -2, paragraph (1), Article 33 -3, paragraph (1), or Article 47: 
reformulation or adaptation;  
(iv) Article 37, paragraph (3): translation, reformulation, or adapta tion;  
(v) Article 37 -2: translation or adaptat ion; 
(vi) Article 47 -3, paragraph (1): adaptation.  
(2) If, pursuant to one of the items set forth in the preceding paragraph (or the 
provisions prescribed in one of the following items, as regards a derivative 
work as set forth in that item; the same appli es 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 derivat ive work is deemed to constitute a work provid ed 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 Artic le 28 with respect to the 
exploitation of the derivative  work, and it is permissible for a person to exploit 49 that derivative work based on the provisions set forth in the relevant item:  
(i) a derivative work created pursuant to the preceding paragraph in a  case in 
which it is permissible, pursuant to the provis ions 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 derivativ e work cre ated 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 distributio n of copie s thereof: Article 47 -5, 
paragraph (1).  
 
(Transfer of Copies Made Pursuant to Restrictions on the Right of 
Reproduction)  
Article 47 -7  A work that may be reproduced pursuant to the provisions of Artic le 
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 paragraph (7) (limited to the part concerned with item (i); the 
same applies herein after in this Article); Article 32; Article 33 , para graph (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 hereinafter in this Article); Article 39, paragraph (1); Article 40, 
paragraph (1) or (2); Articles 41 through 42 -2; Article 4 2-3, paragraph (2); 
Articles 46; Article 47, p aragra ph (1) or (3); Article 47 -2; Article 47 -4 or 47 -5, is 
also permitted to be made available to the public through the transfer of a copy 
of that work that is made based on the application of those provision s 
(excluding copies of a cinematographic work in a c ase under the provisions of 
Article 31, paragraph (1) or paragraph (7); 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 cinematogra phic w ork; the same 
applies hereinafter in this Article)); provided however, that this does not apply 
if the copy of that work that is made based on the application of the provisions 
of Article 30 -3; Article 31 , paragraph (1) or paragraph (7); Article 33 -2, 
para graph (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 transfer red to  the public for a purpose other than what is provided for in 
Article 31, paragraph (1) or paragraph (7); Article 33 -2, paragraph (1), Article 
33-3, paragraph (1) or (4); Article 35, paragraph (1); Article  37, paragraph (3); 50 Article 37 -2; Articles 41 throug h 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 applic ation 
of the provisions of Article 30 -4 with t he pur pose 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, pa ragraph (1) or paragraph (7); or Article 42).  
 
(Indi cation 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 wi th the circumstances of its reproduction or 
exploita tion:  
(i) a work is reproduced pursuant to the provisions of Article 32; Article 33, 
paragraph (1) (including when application mutatis mutandis is provided for 
pursuant to the provisions of paragraph (4) of that Article); Article 33 -2, 
paragraph (1);  Artic le 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, par agraph (1); Article 40, 
paragraph (1) or (2); Articl e 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; Art icle 36, paragraph (1); Article 38, paragraph (1); A rticle 41; Article 46; 
or Article 47 -5, paragraph (1), and it is common practice to indicate the 
source.  
(2) In a source indication as referred to in the preceding paragraph, the name of 
the author that a ppears on the work must be cited, except if th e auth or'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 w ork provided for in that item 
must be indicate d purs uant to the provisions of the preceding two paragraphs:  
(i) a derivative work created pursuant to the provisions of Article 40, 
paragraph (1); Article 46; or Article 47 -5, paragraph (1) is exploited pursu ant 
to those provisions;  
(ii) a derivative wor k crea ted 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 t hat 
Article.  
 
(Use of a Copy Other than for It s Inte nded Purpose)  51 Article 49  (1) The following persons are deemed to have 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 3 0, par agraph (1); Article 30 -3; 
Article 31, paragraph (1), item (i), paragraph (2), item (i), paragraph (4), 
paragraph (7), item (i) or paragraph (9), item (i); Article 33 -2, paragraph (1) 
Article 33 -3, paragra ph (1) or (4); Article 35, paragraph (1); Arti cle 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, 
paragrap hs (1)  through (3); 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 such a cop y (thi s includes making the derivative work 
available for transmission; the same applies hereinafter), for a purpose other 
than what is stipulated in those provisions;  
(ii) a person that uses a copy of a work t hat has been created based on the 
application of the  provisions of Article 30 -4 (other than one constituting a 
copy as referred to in item (iii) of the following paragraph) to exploit that 
work with the purpose of personally enjoying or causing another per son to 
enjoy the thoughts or sentiments expres sed th erein, irrespective of the 
manner in which the person exploits it;  
(iii) a broadcaster, cablecaster or simultaneous broadcast distribution service 
provider that preserves an ephemeral recording in violati on of the provisions 
of Article 44, paragraph (4); 
(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 (i v) of the following paragraph), 
or a person th at pre sents 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 provi sions of that paragraph;  
(vi) a person that uses a copy of a work that has been created based on the 
application of the provisions of Article 47 -4; or Article 47 -5, paragraph (2) 
(other than one constituting a copy as referred to in item (vi) or (vii) of t he 
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 ha ve undertaken the translation, musical 
arrange ment, reformulation, or adaption under Article 27 of the original work 
underlying the derivative work in question, or to have reproduced that 52 derivative work as referred to in Article 21:  
(i) a person that dist ributes a copy of a derivative work that has b een cr eated 
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 m eans of such a copy, for a 
purpose other than what i s provided for in Article 30, paragraph (1); Article 
31, paragraph (1), item (i), paragraph (2), item (i), paragraph (4), paragraph 
(7), item (i) or paragraph (9), item (i); Article 33 -2, paragraph (1); A rticle 33 -
3, paragraph (1); Article 35,paragra ph (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 crea ted 
based on the application of Article 30 -3; or Art icle 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 th e application of the provisions of Article 30 -4 to exploit that derivative 
work with the purpose of personally enjoying or causing another person to 
enjoy the thoughts or sentiments expressed therein, irr espective of the 
manner in which the person ex ploits  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 4 7-3, paragraph (1), or presents that 
derivativ e 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 cop y of a derivative work that has been created b ased 
on the application of Article 47 -4, to exploit the derivative work for a purpose 
other than what is provided for in that Article, irrespective of the manner in 
which the person exploits it;  
(vii) a person that uses a copy of a derivative work that has  been created 
pursuant to the provisions of Article 47 -5, paragraph (2) based on the 
application of Article 47 -6, paragraph (2) for a purpose other than what is 
provided for in Article 47 -5, paragraph (2), irre spective of the manner in 
which it is exploite d. 
 
(Relationship with the Moral Rights of Authors)  
Article 50  The provisions of this Subsection must not be interpreted as affecting 
the protection of the moral rights of authors.  
 
Section 4 Term of Protectio n 53  
(The Term of Protection, in General)  
Articl e 51  (1) The duration of copyright begins at the time the 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 (or the de ath of the last surviving co -
author, for a joi nt w ork; 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 pu blic; 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 c opyright 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 
know n to be that author's pseudonym;  
(ii) the author's true name is registered pursuant to Article 75, paragraph (1), 
within the period referred to in the preceding paragraph;  
(iii) the author makes the work public  using the author's true name or the 
pseudonym  by which the author is commonly known to indicate the name of 
the author, within the period referred to in the preceding paragraph.  
 
(The Term of Protection for Works Attributed to an Organization)  
Article 53  (1) The copyright to a work whose authorship is attributed to a 
corporation or other organization subsists for a period of 70 years after the 
work is made public (or for a period of 70 years after the creation of the work, 
if the work is not made public w ithin 70 years of its creation).  
(2) The provi sions 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 individua l's true name or 
the pseudonym by which that i ndiv idual is commonly known to indicate the 
name of the author, within the period referred to in the preceding paragraph.  
(3) With respect to the duration of copyright for a work whose authorship has 
been attri buted 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 bod y, and the provisions of paragraph (1) 
apply.  54  
(The Term of Protection for Cinematographic Works)  
Article 54  (1) The copyright to a cinematographic work subsists for 70 years 
after the work is made public (or for 70 years after the creation of the work, i f 
the work is not made public within the 70 ye ars after its creation).  
(2) When the copyright to a cinematographic work expires at the expiration of the 
duration of copyright, the copyright to original work connected with that 
cinematographic work also exp ires as regards the exploitation of the 
cinema tographic 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 publi c 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 installment is made public, for works that 
are made public succ essively in volumes, issues, or installme nts, 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 i n parts, has not been made public even though three years have 
passed since the most recent part was made public, the last of the parts of the 
work that has been made public is deemed to be the last part of the work for 
the purposes of the preceding paragr aph.  
 
(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 after a work is made public or created, 
in a case referred to in Article 51, paragraph  (2); Article 52, paragraph (1); 
Article 53, p aragraph (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, pursua nt to the pr ovisions of the Berne Convention for the 
Protection of Literary and Artistic Works, the WIPO Copyright Treaty, or the 
Marrakesh Agreement Establishing the World Trade Organization, the country 
of origin of a wo rk (except a work falling under Ar ticle 6, ite m (i)) is a foreign 
country that is a member of the International Union established by the Berne 55 Convention, a contracting party to the WIPO Copyright Treaty, or a member of 
the World Trade Organization, and if  that country of origin has establ ished a 
shor ter duration of copyright for such a work than what is provided for in 
Articles 51 through 54, the duration of copyright for that work is the duration 
established by the country of origin.  
 
Section 5 The Exclus ive Nature of an Author's Moral Ri ghts; Relate d 
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 Interests after the Author's Death)  
Article 60  Even after the death of the author, it is prohibited for a person that 
makes available or presents the author's work to the public to engage in 
conduct that would be prejudicial to the moral rights of the author if the 
author were alive; provided , however, that this does not appl y if that co nduct is 
found not to contravene the will of the author in light of the nature and extent 
of the conduct as well as changes in social circumstances and other conditions.  
 
Section 6 Transfer and Expiration of Co pyright  
 
(Transfer of a Copyright)  
Article 61  (1) A copyright may be transferred in whole or in part.  
(2) If a contract for the transfer of a copyright makes no 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 the copyright is to revert to the National Treasury 
pursuant to the provisions of Ar ticle 959 (Reversion of Residual A ssets to the  
National Treasury) of the Civil Code (Act No. 89 of 1896);  
(ii) the corporation that owns the copyright is dissolved, and the copyright is to 
revert to the National Treasury pursuant to the provisions of Artic le 239, 
paragraph (3) of the Act on General In corporated 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 
copyrig ht to a cinematographic work has expired pursu ant to the provisions of 56 the preceding paragraph.  
 
Section 7 Exercise of Rights  
 
(Authorization to Exploit Works)  
Article 63  (1) The copyright owner may grant another person authorization to 
exploit the work.  
(2) A person that obtains the  authorization re ferred to in the preceding 
paragraph is entitled to exploit the work to which that authorization pertains 
within the scope of the manner and conditions of exploitation under that 
authorization.  
(3) A right of e xploitation (meaning the righ t to exploit a wo rk under the 
authorization referred to in paragraph (1) pursuant to the provisions of the 
preceding paragraph; the same applies in the following Article) may not be 
transferred without the consent of the copyri ght owner.  
(4) Unless otherwi se stipulated in a contract, the authorization referred to 
paragraph (1) in connection with the broadcasting or cablecasting of a work, 
does not include authorization to record the sound or visuals of the work.  
(5) If a person that may authorize another pe rson (meaning aut horization 
referred to in paragraph (1); hereinafter the same applies in this paragraph) to 
broadcast or cablecast a work or transmit a work via simultaneous broadcast 
distribution has authorized a specified br oadcaster or cablecaster (mea ning a 
broadcaste r or cablecaster that undertakes simultaneous broadcast 
distribution in the course of trade, or supplies a broadcast program or cablecast 
program for simultaneous broadcast distribution undertaken in the course  of 
trade by a simultaneous b roadcast distribu tion service provider having a close 
relationship therewith, and, as a measure to publicize this fact, discloses 
information specified by the Commissioner of the Agency for Cultural Affairs 
as information conce rning the status of implement ation of simultan eous 
broadcast distribution, including the title of the broadcast program or cablecast 
program subject to simultaneous broadcast distribution and the broadcast or 
cablecast time of the program, by a method spec ified by the Commissioner of 
the Agency for Cu ltural Affairs; hereinafter the same applies in this 
paragraph) to exploit the work in broadcast or cablecast programming by the 
specified broadcaster or cablecaster, the authorization is presumed to include 
authorization to transmit the w ork via simultane ous broadcast distribution 
(including simultaneous broadcast distribution undertaken by a simultaneous 
broadcast distribution service provider that has a close relationship with the 
specified broadcaster or cab lecaster by receiving the bro adcast program or  
cablecast program supplied by the specified broadcaster or cablecaster), unless 
the person manifests an intention to the contrary upon granting the 57 authorization.  
(6) The provisions of Article 23, paragraph (1 ) do not apply to a person th at has 
obtained t he authorization referred to in paragraph (1) to make a work 
available for transmission, making the work available for transmission 
repeatedly or using another automatic public transmission server to make the 
work available for transmissio n within the scop e of the manner and conditions 
of exploitation under authorization (other than those that concern the number 
of times the work may be made available for transmission or the automatic 
public transmission server that may be used to make the work available fo r 
transmission).  
 
(Perfection of Right of Exploitation)  
Article 63 -2  A right of exploitation may be asserted against a person that has 
acquired the copyright for a work that is subject to the right of exploita tion or 
any other third party . 
 
(Exercise of t he Moral Rights of Co -Authors)  
Article 64  (1) The moral rights of co -authors of a joint work may not be exercised 
without the unanimous agreement of all the co -authors.  
(2) A co -author may not prevent the agre ement referred to in the prec eding 
paragraph f rom 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 th e co-
authors in t he 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) T he 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 share of the joint copyright without the 
consent of the other co -owners . 
(2) A joint copyright may n ot be exercised w ithout the unanimous agreement of 
all the co -owners.  
(3) In a case referred to in the preceding two paragraphs, a co -owner may not, 
without justifiable grounds, refuse the consent referred to in paragraph (1) o r 
prevent the agreement refer red to in the pre ceding paragraph from being 
reached.  
(4) The provisions of paragraphs (3) and (4) of the preceding Article apply 
mutatis mutandis to the exercise of a joint copyright.  58  
(Copyrights That Have Become Subject to P ledge)  
Article 66  (1) The copyright owner is entitled 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 re spect to money or any other  thing the 
copyrigh t owner would receive from the transfer of the copyright or the 
exploitation of the work (including consideration for the establishment of a 
print right); provided, however, that the attachment of the right to receive such 
things is requ ired before their p ayment 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 Ord er 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 per son may exploit tha t work in the manner provided for 
in a compulsory license issued thereto by the Commissioner of the Agency for 
Cultural Affairs, after depositing compensation for the copyright owner in an 
amount fixed by the C ommissioner as equivalent t o 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 the reto (hereinafter 
referred to as the "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 t he national or local 
govern ment or equivalent corporation becomes able to contact the copyright 
owner, it must pay compensation to the copyright owner in the amount 
established by the Commissioner of the Agency for Cultural Affairs in 
accordance with the p rovisions of the preceding paragraph.  
(3) A pe rson 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 ot her particulars des ignated by Cabinet Order, and 
attaching materials to support a prima facie showing that the copyright owner 
cannot be contacted and the materials designated by Cabinet Order.  
(4) Copies of a work that have been  made pursuant to the provi sions of 
paragraph (1) must bear an indication that they have been made pursuant to a 59 compulsory license under that paragraph, and give the date on which the 
compulsory license was issued.  
 
(Exploitation of a Work While an Applic ation for a Compulsory Lice nse Is 
Pending)  
Article 67 -2  (1) If a person that applies for the compulsory license referred to in 
paragraph (1) of the preceding Article (hereinafter in this Article referred to 
simply as a "compulsory license") deposits colla teral in the amount that ha s 
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 unde r that application in the time leading up to 
the disposition granting or denying the 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 t he copyright owner in the t ime leading up to 
the disposition granting or denying the compulsory license); provided, however, 
that the person may not exploit the work if it is clear that the author of that 
work intends to discontinue  
(2) Notwithstanding the  provisions of the preceding paragraph, the de posit 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 h as been created bas ed on the application of th e 
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) Notwi thstanding the prov isions 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 eq uivalent 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 re ferred to 
in that paragraph  which is equivalent to the amount of collateral already 
deposited under the provisions of paragraph (1) of this Article (and if the 
amount of the collateral exceeds that of the compensation, the user is not 
required to deposit c ompensation).  
(5) If a user  with a pending application is issued a disposition denying the 
compulsory license (unless the user has been able to contact the copyright 
owner in the time leading up to the disposition), the user must deposit  the 
compensation f or the copyright owner in t he amount that has been fixed by the 60 Commissioner of the Agency for Cultural Affairs as equivalent to the amount of 
royalties for having exploited the work pursuant to the provisions of paragraph 
(1) in the tim e leading up to whe n the user was issued the d isposition. In this 
case, the portion of the collateral deposited pursuant to the provisions of that 
paragraph which is equivalent to the amount of compensation (or if the amount 
of compensation exceeds the amo unt of collateral, the collateral) is deemed t o 
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 denyin g the compulsory license, t he user with a 
pending application must pay compensation 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 disp osition, 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 
compul sory license, the u ser must pay the copyright owner compensation 
equivalent to the amount of royalties for having exploited the work pursuant to 
the provisions of paragraph (1) in the time leading up to when the user was 
able to contact the copyright owner . 
(8) In a case ref erred 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 connection with the right to receive the 
compensation referred to in par agraph (5) or (7) o f this Article.  
(9) A perso n 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 wh ich the copyright o wner 
is entitled to receive  repayment pursuant to the provisions of the preceding 
paragraph.  
 
(Broadcasting of Works)  
Article 68  (1) If a broadcaster or simultaneous broadcast distribution service 
provider seeking to broadcast a work th at has been made pu blic or transmit 
such work via simultaneous broadcast distribution requests the copyright 
owner to agree to authorize its broadcast of the work or transmission of the 
work via simultaneous broadcast distribution, but an agreement cannot be 
reached or delib erations about this cannot be entered into, the broadcaster may 
broadcast the work or transmit the work via simultaneous broadcast 
distribution pursuant to a compulsory license by the Commissioner of the 
Agency for Cultural Affairs, and after paying compen sation to the copyright 
owner in the amount that has been fixed by the Commissioner as equivalent to 61 the ordinary rate of royalties.  
(2) A work that is broadcast or transmitted via simultaneous broadcast 
distribution pursuant to the prov isions of the prece ding paragraph may also be 
cablecast, transmitted via area -limited specified input -type automatic public 
transmission , or communicated publicly through a receiver. In this case, 
except in a case to which the provisions of Article 38, pa ragraphs (2) and (3 ) 
apply, the person that ma kes that cablecast, transmits the area -limited 
specified input -type automatic public transmission, or sends the 
communication must pay the copyright owner compensation in an amount 
equivalent to the ordinary ra te of royalties.  
 
(Recording Sounds onto Comme rcial 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 o f a musical work whose sound has been 
recorded  onto that phonogram with the 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 t o 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 phonogr am available  to the public through its 
transfe r 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.  
 
(Procedur es and Standards Involved in a Compulsory License)  
Article 70  (1) An applicant for a compulsory license referred to in Article 67, 
paragraph (1); Article 68, paragraph (1); or the preceding Article must pay an  
application  fee in the amount that has been f ixed 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 t hat 
paragrap h is the national government.  
(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 Affairs must notify the copyright owner a ffected by t he application of 
this, and must a fford 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 62 application for a compu lsory licens e referred to in Article 67, parag raph (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 clear ly intends t o discontinue the printing or othe r exploitation 
of the work; or  
(ii) there are unavoidable circumstances for the copyright owner's inability to 
authorize the broadcast or simultaneous broadcast distribution of the work 
to which the application  for a compu lsory license referred to in Artic le 68, 
paragraph (1) pertains.  
(5) When seeking to issue a disposition denying an applicant the compulsory 
license referred to in the preceding paragraph (unless the disposition denying 
the applicant the compul sory license  is issued pursuant to the provisi ons 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 issui ng the compu lsory license referred to in Artic le 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 r eferred to i n 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 the compulsory lice nse 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 licenses referred to in this Section are 
provided by Cabinet Order.  
 
Section 9 Compensation; Related Matters  
 
(Consultation with the Culture Council)  
Article 71  When fixing the amount of compensation referred to in Article 33, 
paragraph (2 ) (including as applied mutatis mu tandis pursuant to paragraph 
(4) of that Article); Article 33 -2, paragraph (2); Article 67, paragraph (1); 
Article 67 -2, paragraph (5) or (6); Article 68, paragraph (1); or Article 69, the 
Commissioner of the A gency for Cu ltural Affairs must consult with t he Culture 
Council.  63  
(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 provi sions (or a disposition denying th e compulsory license referred to in 
Article 67, paragraph (1), in the case referred to in Article 67 -2, paragraph (5) 
or (6)) has been issued.  
(2) In an action referred to in the preceding paragraph, the copyri ght owner mu st 
be the defendant if the person bringing the action is the person exploiting the 
work, and the person exploiting the work must be the defendant if the person 
bringing the action is the copyright owner.  
 
(Limitations on Requests for Review Con cerning the Amount of Compensation)  
Article 73   In a request for review concerning a disposition granting or denying 
the compulsory license referred to in Article 67, paragraph (1); Article 68, 
paragraph (1); or Article 69, dissatisfaction with the amount of compensat ion 
subject to the disposition gra nting or denying that compulsory license may not 
be used as grounds for dissatisfaction with the disposition granting or denying 
the compulsory license; provided, however, that this does not apply if the 
person  that was is sued the disposition granting or d enying 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 sim ilar reasons . 
 
(Depositing of Compensation)  
Article 74  (1) In the following cases, a person that is required to pay the 
compensation referred to in Article 33, paragraph (2) (including as applied 
mutatis mutandis pursuant to the provisions of paragraph (4 ) of that 
Article);Article 33 -2, paragraph (2) ; Article 68, paragraph (1); or Article 69 
must deposit the compensation instead of paying it:  
(i) the copyright owner refuses or is unable to receive the compensation;  
(ii) through no fault of the person requi red to pay, the copyright owner cannot 
be iden tified;  
(iii) the person required to pay brings an action as referred to in Article 72, 
paragraph (1) with respect to the amount of compensation;  
(iv) a pledge has been established on the copyright (this exclud es when  
authorization has been obtained from t he pledgee).  
(2) If the copyright owner so requests, in the case referred to in item (iii) of the 64 preceding paragraph, the person that is required to pay compensation must 
pay the sum that accords with the pers on's ow n calculations and deposit the 
differen ce 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 o f 
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 res ides in  Japan, or at the deposit 
office neares t to the domicile or residence of the depositor in any other case.  
(4) A person that makes a deposit referred to in the preceding paragraph 
must notify the copyright owner of that deposit; provided, however, th at 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 pu blic, may have the author's true name r egistered 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 person designa ted 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 publi sher 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 publi shed 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.  65  
(Registration of a Copyright)  
Article 7 7  Th e following particulars may not be assert ed against a third party 
unless they are registered:  
(i) the transfer of a copyright (except a transfer by inheritance or by any other 
general succession; the same applies in the following item), its alteration  as 
a result of a trust, or a restriction on i ts disposal;  
(ii) the establishment, transfer, alteration, or expiration of a pledge on a 
copyright (except when due to comingling or to the expiration of the 
copyright or the claim it secures), or a restrictio n 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 Cultural  Affairs, who enters or 
records them in the co pyright 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 equiv alent me ans; the same applies in paragraph (4)), 
pursu ant to Cabinet Order.  
(3) Upon making a registration referred to in Article 75, paragraph (1), the 
Commissioner of the Agency for Cultural Affairs must issue a public notice of 
this using the internet o r by any  other appropriate method.  
(4) Any person may enter a request with the Commissioner of the Agency for 
Cultural Affairs to be delivered a certified copy or a certified abstract of entries 
in the copyright register or a copy of its annexed documents,  to insp ect 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 paragrap h must pay 
the fee that has been fixed by Cabi net Order in consideration of actual costs.  
(6) The provisions of the preceding paragraph do not apply if the person that 
would be required to pay the fee pursuant to the provisions of that paragraph 
is the nat ional or local government or an equivalent cor poration  
(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 Administrat ive Organs' Information do 
not apply to the copyright register and its annexed documents.  
(9) The provisions of Chapter IV of the Act on the Protection of Personal 
Information Held by Administrative Org ans (Act  No. 58 of 2003) do not apply 66 to retained pers onal 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 p rovided 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 provi ded for in this Section, the particulars of the 
regist ration of works of computer programming are as provided separately by 
law. 
 
Chapter III Print Rights  
 
(Establishment of Print Rights)  
Article 79  (1) The owner of the right set forth in Article 21 or Ar ticle 23 , 
paragraph (1) (hereinafter in this Chapter r eferred 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 pi cture (t his 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 recorded onto  that re cording medium; referred to as 
"the act of pri nting" in Article 80, paragraph (2) and Article 81, item (i)) or to 
transmit the work to the public (this in includes making it transmittable, other 
than through a broadcast or cablecast, if the work is  transmi tted via automatic 
public transmission; herein after the same applies in this Chapter) using a copy 
of that work that has been recorded on a recording medium in the relevant 
format (referred to as "the act of public transmission" in Article 80, para graph 
(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 authorizatio n 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 subject to those print rights, pursuant to 
the act of establishment:  
(i) the right to rep roduce t he 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 67 unaltered work as an electronic or magnetic record reco rded on a recording 
medium in a format provided for in  Article 79, paragraph (1));  
(ii) the right to transmit the unaltered work to the public using a copy of that 
work that has been recorded on a recording medium in a format provided for 
in Article 79, pa ragraph (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 years have passed since the first act of 
printing  or act of public transmission (referred to as  the "act of printing or 
public transmission" in Article 83, paragraph (2) and Article 84, paragraph (3)) 
following the establishment of the print rights, the owner of the reproduction 
rights or public transmis sion rights may reproduce such work or transmi t such 
work to the public by compiling the relevant work in a complete collection of 
works or other compilation (limited to one in which only the works of that 
author are compiled).  
(3) The owner of pri nt right s may authorize another person to reproduce th e 
work that is the subject of those print rights or transmit that work to the 
public only after having obtained the consent of the owner of reproduction 
rights or public transmission rights.  
(4) The pro visions of Article 63, paragraphs (2), (3) and (6) and  Article 63 -2 apply 
mutatis mutandis to cases provided for in the preceding paragraph. In this 
case, the term "the copyright owner" in paragraph (3) of Article 63 is deemed to 
be replaced with "the owne r of rep roduction 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 (6) of that Article is 
deemed to be replaced with "Article 80, paragraph (1)  (limite d 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 pr int right; provided, however, that this does n ot apply 
if otherwise stipulated in the act of establishment:  
(i) the owner of print rights connected with the rights provided for in Article 80, 
paragraph (1), item (i) (referred to as "the ow ner of item (i) p rint rights" in 
the following Article) has the  following obligations:  
(a) the obligation to undertake the act of printing for a work within a period 
of six months after the date on which the owner of print rights has been 
transferred the m anuscript or othe r 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 68 reproduction rights or public transmission rights;  
(b) the obligation to continually undertake the act of printing f or 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 it em (ii) print rig hts" 
in paragraph (1), item (ii) of the follow ing Article and Article 104 -10-3, item 
(ii), (b)) has the following obligations:  
(a) the obligation to undertake the act of public transmission for a work 
within a period of six months after th e date on which t he 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 transmitting the work to 
the public, by the owner of the reproduction rights or public tra nsmission 
rights;  
(b) the obligation to continually undertake the act of public transmission for 
the work in conformity with business practices.  
 
(Adjustments, Additions, and Deletions in a Wor k) 
Article 82  (1 ) In any of the following cases, the author ma y make adjustments, 
additions, or deletions in that work within a scope that is justified:  
(i) the owner of item (i) print rights reproduces the work again;  
(ii) the owner of item (ii) print ri ghts transmits th e work to the public.  
(2) Each time the owner of item (i) print rights seeks to reproduce a work subject 
to the print rights the owner owns again, the owner must notify the author of 
this in advance.  
 
(Duration of Print Rights)  
Article 83  (1) The duration  of print rights is as stipulated in the act o f 
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 tran smission is under taken after the establishment of those rights.  
 
(Claim to the Extinguishment of Print Rights)  
Article 84  (1) If the owner of print rights breaches the obligation referred to in 
Article 81, item (i) (limited to the part concerned with (a))  or item (ii) (li mited 
to the part concerned with (a)), the own er 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 owne r of print rights.  
(2) If the owner of print r ights breaches the obligation referred to in Article 81, 69 item (i) (limited to the part concerned with (b)) or item (ii) (limited to the part 
concerned with (b)), and, notwithstanding that the o wner of reproduct ion 
rights, etc. has specified a period of at least three months and called upon the 
owner of print rights to perform the obligation within that period, the owner of 
the print rights does not perform that obligation within that period, the  owner 
of reprodu ction rights or public transmission rights may  extinguish the print 
rights connected to the rights provided for in the relevant of Article 80, 
paragraph (1), item (i) or (ii) by notifying the owner of print rights.  
(3) If the convictions o f 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 orde r to stop the act  of printing or public 
transmission of that wo rk; 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]  
 
(Limit ations on Print Rights)  
Article 86  (1) The pr ovisions of Articles 30 -2 through 30 -4; Article 31, paragraph 
(1) and paragraph (7) (limited to the part concerned with item (i)) and the 
second sentence of paragraph (3); Article 32; Article 33, paragraph (1) 
(including as applied mutatis mutandis pursuan t 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); Articl e 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 mu tatis mutandis to the repr oduction of works 
subject to print rights. In this case, the term "copyright owner" in the proviso 
to Article 30 -2, paragraph (1); the proviso to Article 30 -2, paragraph (2); Article 
30-3; the proviso to Article 30 -4; Article 31, paragraph (1), item (i); t he proviso 
to Article 35, paragraph (1); the p roviso 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 pr int 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 undertake n the reproduction 
referre d to in Article 80, paragraph (1), item (i):  
(i) a person distributing a copy of a work that has been created, for purposes 70 other than the purpose of private use as referred to in Article 30, paragraph 
(1) or the purpose provided for in Article 31, paragra ph (4) or paragraph (9), 
item (i), by reproduc ing the unaltered original work as a piece of writing or 
as a picture by printing it or by other mechanical or chemical means, based 
on the application of these provisions (including o ne created by reproducing 
the unaltered work as an electronic or magneti c record recorded on a 
recording medium in a format provided for in Article 79, paragraph (1)), or a 
person presenting the work to the public by means of such a copy;  
(ii) a person dis tributing a copy of a work  that has been created based on the 
applicatio n of the provisions of Article 30 -3; Article 31, paragraph (1), item 
(i) or paragraph (7), item (i); Article 33 -2, paragraph (1); Article 33 -3, 
paragraphs (1) or (4); Article 35, parag raph (1); Article 37, para graph (3); the 
first sentence of Article 37 -2 (or item (ii) of that Article, in a case referred to 
in that item); Articles 41 through 42 -2; Article 42 -3, paragraph (2); Article 47, 
paragraph (1) or (3); Article 47 -2; or Article 47 -5, paragraph (1) as appli ed 
mutatis mutandis pursuant to the preceding paragraph, or presents that 
work to the public by means of such a copy, for a purpose other than what is 
provided for in those provisions;  
(iii) a person using a copy of a work that ha s been created based on th e 
application of the provisions of Article 30 -4 as applied mutatis mutandis 
pursuant to the preceding paragraph to exploit that work with the purpose of 
personally enjoying or causing another person to enjoy the thoughts or 
sentim ents expressed therein, ir respective of the manner in which the person 
exploits it;  
(iv) a person using a copy of a work that has been created based on the 
application of the provisions of Article 47 -4 or Article 47 -5, paragraph (2) as 
applied mutatis muta ndis pursuant to the prece ding paragraph, to exploit 
that work for a pur pose other than what is provided for in those provisions, 
irrespective of the manner in which the person exploits it.  
(3) The provisions of Articles 30 -2 through 30 -4; Article 31, para graph (2) 
(limited to the part concerned with item (ii)), paragraph (5),  the first sentence 
of paragraph (7), and paragraph (8); Article 32 paragraph (1); Article 33 -2, 
paragraph (1); Article 33 -3, paragraphs (4); Article 35, paragraph (1); Article 
36, par agraph (1); Article 37, pa ragraphs (2) and (3); Article 37 -2 (except ite m 
(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 t he public transmission of works 
subject to pri nt rights. In this case, the term "copyright owner" in the proviso 
to Article 30 -2, paragraph (1); the proviso to Article 30 -2, paragraph (2); Article 
30-3; the proviso to Article 30 -4; Article 31, paragraph (5 ); the proviso to 
Article 35, paragraph (1); t he proviso to Article 36, paragraph (1); the provisos 71 to Article 47, paragraphs (2) and (3); Article 47 -2; the provisos to Article 47 -4, 
paragraphs (1) and (2); and the provisos to Art icle 47 -5, paragraphs (1) and (2) 
is deemed to be replaced with "print r ights"; in Article 31, paragraph (2), the 
phrase "of the copyright owner" is deemed to be replaced with "of the owner of 
print rights," and the phrase "the copyright owner, a person au thorized thereby, 
a person  in favor of whom the print rights set forth i n Article 79 have been 
established, or" is deemed to be replaced with "a person in favor of whom the 
print rights set forth in Article 79 have been established, or"; and the term 
"copy right" in the proviso to A rticle 47 -5, paragraph (1) is deemed to be 
replaced with "print rights".  
 
(Transfer or Pledge of Print Rights)  
Article 87  All or part of a person's print rights may be transferred or pledged 
only with the authorization of the own er 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 establishment of a print right, its transfer (e xcept a transfer by 
inheri tance or other general succession; the same ap plies in the following 
item), alteration, extinguishment (except when due to comingling, or because 
of the extinguishment of the right of reproduction or right to transmit to the 
publi c), or a restriction on it s disposal;  
(ii) the establishment, transfer, alteration, or termination of a right of pledge 
established on a print right (except when due to a merger of the right of 
pledge, or because of the termination of the print rights or t he claim they 
secure), or a restriction on its disposal.  
(2) The provisi ons of Article 78 (except paragraph (3)) apply mutatis mutandis to 
the registration referred to in the preceding paragraph. In this case, the term 
"copyright register" in Article 78, p aragraphs (1), (2), (4), ( 8), and (9) is deemed 
to be replaced with "reg ister of print rights".  
 
Chapter IV Neighboring Rights  
Section 1 General Rules  
 
(Neighboring Rights)  
Article 89  (1) Performers enjoy the rights provided for in Article 90 -2, paragraph  
(1) and Article 90 -3, par agraph (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 72 Article 95 -3, paragraph (1), as well as the right to remuneration provided for in 
Article 94 -2 and Article 95 -3, paragraph (3) and the right to secondary use fees 
provided for in Article 95, paragraph (1).  
(2) Producers of phonograms enjoy the rights provided for in Art icles 96 and 96 -2; 
Article  97-2, paragraph (1); and Article 97 -3, paragr aph (1), as well as the right 
to secondary use fees provided for in Article 97, paragraph (1) and the right to 
remuneration provided for in Article 97 -3, paragraph (3).  
(3) Broadcaster s enjoy the rights provide d for in Articles 98 through 100.  
(4) Cablecas ters enjoy the rights provided for in Articles 100 -2 to 100 -5. 
(5) Enjoyment of the rights referred to in the preceding paragraphs requires no 
formalities.  
(6) The rights referred to i n paragraphs (1) to (4) (e xcept the moral rights of 
performers as well a s the right to remuneration and the right to secondary use 
fees referred to in paragraphs (1) and (2)) are called neighboring rights.  
 
(Connection between the Rights of Authors and Neighboring Rights)  
Article 9 0  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 right to decide wheth er to use the 
performer's nam e, stage name, or any other name to indicate t he 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 perf ormance.  
(2) Unless the performer has manifest ed a different intention, a person exploiting 
a performance may indicate the name of the performer in accordance with how 
the performer has already done so in connection with that p erformance.  
(3) The name of t he performer may be omitted if it is found tha t that doing so is 
unlikely to harm the interests of the performer in a claim to being the 
performer in that performance, in light of the purpose and circumstances of its 
exploitati on, or if the omission is fou nd to be compatible with fair practices.  
(4) T he 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 administr ative agency, etc., a 
local government agency,  or a local incorporated administrative agency 
pursuant to the provisions of the Act on Access to Administrative Organs' 
Information, the Act on Access to Incorporated Administrativ e Agencies' 
Information, or i nformation disclosure ordinance, and the name of the 73 performer is indicated in accordance with how the performer has already 
done so for that performance;  
(ii) the performance is made available or presented to the public by the  head of 
an administrative or gan, an incorporated administrative agency, et c., 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' I nformation, 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 
Administrat ive Organs' Information, and it is a case in w hich 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 mad e to suffer any alteration, c ut, or other 
modification to it that would dam age the performer's honor or reputation.  
(2) The provisions of the preceding paragraph do not apply to modifications that 
are found to be unavoidable in light of the nature of the p erformance as well as 
the pur pose and circumstances of its exploitation, no r to modifications that are 
found to be compatible with fair practices.  
 
(Sound Recording Rights and Visual Recording Rights)  
Article 91  (1) A performer has the exclusive right to record the sound and 
visuals of that performer's performance.  
(2) Unless th e 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 n ot apply to the sound or visu als 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 provision s of Article 
63, paragraph (1 ) as applied mutatis mutandis pursuant to Arti cle 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 p erformance.  
(2) The provisions of the precedin g 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 perf ormance whose sound or visual s have been recorded with the 74 authorization of  the owner of the right provided for in paragraph (1) of the 
preceding Article;  
(ii) a performance referred to in paragraph (2) of the preceding Article whose 
sound or visuals have been recorded other than as a  sound recording referred 
to in that paragraph . 
 
(Right to Make Available for Transmission)  
Article 92 -2  (1) A performer has the exclusive right to make that performer's 
performance available for transmission.  
(2) The provisions of the preceding paragraph  do not apply to any of the following 
performa nces:  
(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 refer red to in Article 91, paragraph (2) w hose 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 righ ts provided for in Article 92, paragraph 
(1), may record the sound or visuals of that performance for the purpose of 
broadcasting or simultaneous broadcast distribution;, provided, however, that 
this does not apply if o therwise stipulated in the contract o r if the sound or 
visuals are recorded with th e 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 t he sound or visuals as 
referred to in  Article 91, paragraph (1):  
(i) a person that uses or makes available a sound or visual recording made 
pursuant to the provisions of the preceding paragraph, for a purpose other 
than broadcasting or simultaneous broadca st distribution or for the purpose 
referred to in the proviso to that paragraph;  
(ii) a broadcaster or simultaneous broadcast distribution service provider that 
receives a sound or visual recording being made available that has been 
made pursuant to the pr ovisions of the preceding paragraph, and that 
further makes it available for anothe r broadcaster's broadcasting or another 
simultaneous broadcast distribution service provider's simultaneous 
broadcast distribution.  
 
(Broadcasting of Fixations Made for Broa dcasting Purposes)  
Article 93 -2  (1) Unless otherwise stipulated in the contract, i f the owner of the 
right provided for in Article 92, paragraph (1) authorizes the broadcast of a 75 performance, in addition to it being permissible to make the broadcast under  
that authorization, it is also permi ssible to make the following broadcasts:  
(i) a broadcast using the sound and visual recordings that the authorized 
broadcaster makes pursuant to the provisions of paragraph (1) of the 
preceding Article;  
(ii) a broadcast  made based on the reception of a sou nd or visual recording 
made available by the a uthorized broadcaster that has made that sound or 
visual recording pursuant to the provisions of paragraph (1) of the preceding 
Article;  
(iii) a broadcast made based on the reception of an authorized broadcast 
program 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 broadcaste r provided for in that item must pay a 
reasonable amount of remuneration to the own er of the right provided for in 
Article 92, paragraph (1).  
 
(Simultaneous Broadcast Distribution of Fixations Made for Broadcasting 
Purposes)  
Article 93 -3  (1) Unless otherw ise stipulated in the contract, if th e owner of the 
right provided for in Article 9 2-2, paragraph (1) (limited to those for 
simultaneous broadcast distribution; hereinafter the same applies in this 
paragraph and Article 94 -3, paragraph (1)) (hereinafter re ferred to as a 
"specified performer")  authorizes a broadcaster to transmit the perf ormance via 
simultaneous broadcast distribution (including simultaneous broadcast 
distribution undertaken by a simultaneous broadcast distribution service 
provider that has a close relationship with the broadca ster by receiving a 
broadcast program supplied  by the broadcaster), in addition to it being 
permissible to undertake the simultaneous broadcast distribution, it is also 
permissible to undertake the following simultaneou s broadcast distribution 
with regard to the authorized performance (excluding perfo rmances for which a 
copyright management service provider manages the right prescribed in Article 
92-2, paragraph (1), or performances for which information necessary for 
smooth authorization, including the nam e of the specified performer and the 
contact i nformation for accepting applications for authorization of 
simultaneous broadcast distribution, as specified by the Commissioner of the 
Agency for Cultural Affairs, has been  disclosed by a method specified by t he 
Commissioner of the Agency for Cultural Aff airs):  
(i) a simultaneous broadcast distribution using the sound and visual recordings 
of the performance that the authorized broadcaster undertakes pursuant to 
the provisio ns of Article 93, paragraph (1);  76 (ii) a simultaneous broadcast distribution underta ken by a simultaneous 
broadcast distribution service provider that has a close relationship with the 
authorized broadcaster by receiving an authorized broadcast program 
supp lied by the authorized broadcaster.  
(2) If a performance is transmitted via simulta neous broadcast distribution set 
forth in one of the items of the preceding paragraph, the broadcaster or 
simultaneous broadcast distribution service provider must pay remun eration in 
an amount equivalent to th e ordinary rate of royalties to the specified 
performer of the performance.  
(3) If a copyright management service provider is in existence, whose consent has 
been obtained and which the Commissioner of the Agency for Cu ltural Affairs 
has designated as the only such service provider in the country, it is 
permissible for the right to receive the remuneration referred to in the 
preceding paragraph to be exercised exclusively through the designated 
copyright management servi ce provider thus designated (hereinaf ter in this 
Article referred to as the "design ated remuneration management service 
provider").  
(4) The Commissioner of the Agency for Cultural Affairs may not make the 
designation under the provisions of the preceding p aragraph unless the 
copyright managem ent service provider satisfies the following r equirements:  
(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 perso nally and properly perform functions 
involved in exercising the right to receive the remuneration referred to in 
paragraph (2) on behalf of the persons that own those rights (hereinafter in 
the following p aragraph and paragraph (7) referred to as "right ho lders").  
(5) A designated remuneration managem ent service provider 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.  
(6) The Commis sioner of the Agency for Cultural Affairs, as provi ded by Cabinet 
Order, may ask a designated rem uneration management service provider to 
report on functions related to the remuneration referred to in paragraph (2) or 
submit account books, documents, and o ther data, and may make the necessary 
recommendatio ns for improving the way in which the service provider's 
business is excuted.  
(7) The amount of remuneration that a designated remuneration management 
service provider may demand on behalf of a right holde r pursuant to the 
provisions of paragraph (3) is to  be fixed each year by mutual agreement 
betwee n the designated remuneration management service provider and the 
broadcaster or simultaneous broadcast distribution service provider or the 77 association thereo f. 
(8) If the agreement referred to in the precedin g paragraph is not reached, the 
relevant parti es, as provided by Cabinet Order, may request the Commissioner 
of the Agency for Cultural Affairs to issue a compulsory license fixing the 
amount of remunerati on. 
(9) The provisions of Article 70, paragraphs (3 ), (6), and (8), Articles 71 (limited 
to the p art concerned with item (ii)), and Article 72, paragraph (1), the main 
clause of Article 73, Article 74, paragraph (1) (limited to the parts concerned 
with ite ms (iv) and (v); the same applies in paragraph (11) ) and paragraph (2) 
apply mutatis mutandis to the remuneration referred to in paragraph (2) and 
the compulsory license referred to in the preceding paragraph. In this case, the 
phrase "notify the copyright  owner" in Article 70, paragraph (3) and the phrase  
"notifying the applicant, and upon issuing th e compulsory license referred to in 
Article 68, paragraph (1) or the preceding Article, the Commissioner must 
notify the relevant parties" in Article 70, parag raph (6) are deemed to be 
replaced with "notify the  relevant parties"; and in Article 74, paragra ph (2), 
the term "copyright owner" is deemed to be replaced with "designated 
remuneration management service provider referred to in Article 93 -3, 
paragraph (3 )". 
(10) In an action referred to in Article 72, pa ragraph (1) as applied mutatis 
mutandis pursua nt to the preceding paragraph, the designated remuneration 
management service provider must be the defendant if the person bringing the 
action is the broadcast er or simultaneous broadcast distribution service 
provider or the association thereof, and the br oadcaster or simultaneous 
broadcast distribution service provider or the association thereof must be the 
defendant if the person bringing the action is the des ignated remuneration 
management service provider.  
(11) A deposit of remuneration under the provis ions of Article 74, paragraphs (1) 
and (2) as applied mutatis mutandis pursuant to paragraph (9) is to be made at 
the deposit office nearest to the location of  the designated remuneration 
management service pro vider. In this case, a person that makes a dep osit must 
notify the designated remuneration management service provider of that 
deposit.  
(12) The provisions of the Act on Prohibition of Private Monopolizati on and 
Maintenance of Fair Trade (Act No. 54 of 194 7) do not apply to the mutual 
agreement referr ed to in paragraph (7) nor to actions taken under it; provided, 
however, that this does not apply if unfair trade practices are used or if it 
would unreasonabl y harm the interests of the enterprises concerned.  
(13) Beyond what is provided for in paragraph (2) through the preceding 
paragraph, necessary particulars involving the payment of the remuneration 
referred to in paragraph (2) and concerning the designated  remuneration 78 management service provider are provi ded for by Cabinet Order.  
 
(Simultaneous Broad cast Distribution in the Case of Inability to Contact 
Specified Performers)  
Article 94  (1) If a performance is broadcast in a broadcast set forth in Article 9 3-
2, paragraph (1) item (i) pursuant to the provisi ons of that paragraph, and a 
broadcaster that broadcasts the performance or a simultaneous broadcast 
distribution service provider that has a close relationship with the broadcaster 
is unable to contact a specified performer of the performance even after t aking 
all of the following measures, the broad caster or simultaneous broadcast 
distribution service provider may, unless otherwise stipulated in the contract, 
transmit the performance via simultaneous broa dcast distribution by, in the 
case of the broadcast er, using the sound or visual recording used i n the 
broadcast, or in the case of the simultaneous broadcast distribution service 
provider, receiving the broadcast program of the broadcast supplied by the 
broadcaster, if the broadcaster or simultaneous broa dcast distribution service 
provider obtains co nfirmation regarding the reasons for such inability from a 
copyright management service provider whose consent has been obtained and 
which the Commissioner of the Agency for Cultural Affairs has designated as 
the only such service provider in the country ( hereinafter in this Article 
referred to as the "designated compensation management service provider"), 
and pays the designated compensation management service provider 
compensation in an amount equivalent to th e ordinary rate of royalties that is 
due to be  paid to the specified performer:  
(i) contacting the specified performer at the point of contact if the contact 
information is available;  
(ii) making inquiries  with a copyright management service provider that 
engages in management of performances;  
(iii) c onfirming whether the information has been disclosed as provided for in 
paragraph (1) of the preceding Article;  
(iv) disclosing information specified by the Co mmissioner of the Agency for 
Cultural Affairs, incl uding the title of the broadcast program sched uled to be 
transmitted via simultaneous broadcast distribution and the name of the 
specified performer, by a method specified by the Commissioner of the 
Agency  for Cultural Affairs.  
(2) A broadcaster or simulta neous broadcast distribution service provider that 
intends to obtain confirmation referred to in the preceding paragraph must 
submit to the designated compensation management service provider materials 
to support a prima facie showing of their inability to  contact the specified 
performer of the perfor mance to be transmitted via simultaneous broadcast 
distribution even after taking all of the measures set forth in one of the items 79 of that paragraph.  
(3) The designated compensation management service provider  that has received 
compensation pursuant to th e provisions of paragraph (1) must pay the 
compensation to the specified performer of the performance transmitted via 
simultaneous broadcast distribution pursu ant to the provisions of that 
paragraph if so reque sted by the specified performer.  
(4) The provi sions of paragraph (4) of the preceding Article apply mutatis 
mutandis to the designation under the provisions of paragraph (1), and the 
provisions of paragrap hs (5) through (13) of that Article apply mutatis 
mutandis to the compensation and designated com pensation management 
service provider referred to in paragraph (1). In this case: in paragraph (4), 
item (iv) of that Article, the phrase "involved in exercisi ng the right to receive 
the remuneration referred t o in paragraph (2) on behalf of the persons th at 
own those rights (hereinafter in the following paragraph and paragraph (7) 
referred to as "right holders")" is deemed to be replaced with "relevant to the 
confirmation referred to in paragraph (1) of the fol lowing Article and the 
compensation referred t o in that paragraph"; in paragraph (5) of that Article, 
the term "right holder" is deemed to be replaced with "specified performer"; in 
paragraph (6) of that A rticle, the phrase "remuneration referred to in 
paragraph (2)" is deemed to be replaced with "con firmation referred to in 
paragraph (1) of the following Article and the compensation referred to in that 
paragraph"; in paragraph (7) of that Article, the phra se "remuneration that a 
designated remuneration man agement service provider may demand on behalf 
of a right holder pursuant to the provisions of paragraph (3)" is deemed to be 
replaced with "compensation that a designated remuneration management 
service pr ovider receives pursuant to the provisions of parag raph (1) of the 
following Article."  
 
(Cablecas ts of Broadcast Performances)  
Article 94 -2  If a cablecaster cablecasts a broadcast performance (unless the 
cablecast is made for non -commercial purposes and w ithout charging a fee 
(meaning anything of value re ceived in exchange for presenting the 
performa nce, regardless of what it is called; the same applies in Article 95, 
paragraph (1)) 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 neighb oring rights, and not for a performance set 
forth in Article 92, paragraph (2), item (ii)).  
 
(Simultaneous Broadcast Distribution of Performances Whose Sound H as Been 
Recorded onto Commercial Phonograms)  
Articl e 94-3  (1) A broadcaster, cablecaster or simu ltaneous broadcast 80 distribution service provider may transmit via simultaneous broadcast 
distribution a performance whose sound has been recorded onto a commer cial 
phonogram (including phonograms made available  for transmissions; the same 
applies in the fo llowing paragraph, paragraph (1) of the following Article, 
Article 96 -3, paragraphs (1) and (2), and Article 97, paragraphs (1) and (3)) 
with the authorization  of the owner of the right provided for in Article 91, 
paragraph (1) (excluding performances for which a copyright management 
service provider manages the right provided for in Article 92 -2, paragraph (1), 
or performances for which information necessary fo r smooth authorization, 
including the name of the s pecified performer and the contact information  for 
accepting applications for authorization of simultaneous broadcast distribution, 
as specified by the Commissioner of the Agency for Cultural Affairs, has been 
disclosed by a method specified by the Commiss ioner of the Agency for Cultural 
Affairs).  
(2) Having transmitted a performance referred to in that paragraph via 
simultaneous broadcast distribution using a commercial phonogram, a 
broadcaster, cablecaster or simultaneous broadcast distribution service 
provider must pay compensation in an amount equi valent to the ordinary rate 
of royalties to the specified performer of the performance.  
(3) If a copyright management service provider i s in existence, whose consent has 
been obtained and which the Commissioner  of the Agency for Cultural Affairs 
has design ated as the only such service provider in the country, it is 
permissible for the right to receive the compensation referred to in the 
preceding paragraph to be exercised exclusively through the copyright 
manage ment service provider.  
(4) The provisions of A rticle 93 -3, paragraph (4) apply mutatis mutandis to the 
designation under the provisions of the preceding paragraph, and the 
provisions  of paragraphs (5) through (13) of that Article apply mutatis 
mutandis to the compensation referred to in paragraph (2) and the designated 
copyright management service provider pursuant to the provisions of the 
preceding paragraph. In this case, in paragra ph (4), item (iv) of that Article, 
the phrase "remuneration referred to in  paragraph (2)" is deemed to be 
replaced with "compensation referred to in Article 94 -3, paragraph (2)," and in 
paragraphs (7) and (10) of that Article, the term "broadcaster" is dee med to be 
replaced with "broadcaster, cablecaster."  
 
(Secondary Use of Com mercial Phonograms)  
Article 95  (1) If a broad caster or cablecaster (hereinafter in this Article and 
Article 97, paragraph (1) referred to as a "broadcaster or cablecaster") makes a 
broadcast or cablecast using a commercial phonogram onto which the sound o f 
a performance has been recorded with the aut horization of the owner of the 81 right provided for in Article 91, paragraph (1) (unless it receives a broadcast 
transmission and makes a cablecast simultaneously, for non -commercial 
purposes and without charging  a fee to the listening or viewing audience), it 
must pay a secondary use fee to the performer of the performance (but only for 
a performance referred to in Art icle 7, items (i) to (vi) 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 who se producer is a national of a 
country other than a Contracting State of the Convention for the Protection of 
Performers, etc. which has chose n not to apply the provisions of Article 12 of 
that Convention, pursuant to the provisions of Article 16, paragrap h 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 Protectio n of Performers, etc. which a Contracting State of 
the Convention grants for phonograms set forth in Article 8, it em (i) is shorter 
than the term of protection that performers receive pursuant to the provisions  
of paragraph (1), the term of protection gran ted pursuant to the provisions of 
that paragraph to a performer whose performance has been fixed in a 
phonogram wh ose producer is a national of that Contracting State is the term 
of protection that the Contract ing State grants under Article 12 of the 
Conve ntion for the Protection of Performers, etc. for the phonograms set forth 
in Article 8, item (i).  
(4) The provisio ns of paragraph (1) apply to a performer whose performance has 
been fixed in a phonogram whose p roducer is the national of a Contracting 
State  of the WPPT (but not a Contracting State of the Convention for the 
Protection of Performers, etc.) which has set a reservation pursuant to the 
provisions of Article 15, paragraph (3) of the WPPT, within the li mits of that 
reservation.  
(5) If an associatio n is in existence (including a federation of associations) that 
has as its members a considerable number of person s who perform 
professionally in Japan, whose consent has been obtained and which has been 
design ated by the Commissioner of the Agency for Cul tural Affairs, it is 
permissible for the right to secondary use fees under paragraph (1) to be 
exercised exclusive ly through that association.  
(6) The Commissioner of the Agency for Cultural Affairs may not mak e the 
designation referred to in the preceding  paragraph unless the association 
satisfies the following conditions:  
(i) it is not -for-profit;  
(ii) its members a re able to freely join and leave;  
(iii) its members have an equal right to vote on resolutions a nd in elections;  82 (iv) it has sufficient capaci ty to personally and properly perform functions 
involved in exercising the right to receive the secondary use fees  referred to 
in paragraph (1) on behalf of the persons that own those rights (hereinafter 
in thi s Article referred to as "right holders").  
(7) An association as referred to in paragraph (5) must not refuse to exercise a 
right on behalf of a right 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, t he association has the authority to act in and out of 
court on behalf of the right holder, in its own name, in con nection with that 
right.  
(9) The Commissioner of the Agency for Cultural Affairs, as provided by  Cabinet 
Order, may ask an association as refe rred to in paragraph (5) to report on 
functions related to the secondary use fees referred to in paragraph (1) or to 
submit account books, documents, and other data, and may make the necessary 
recommendations f or improving the way the association's busines s is executed.  
(10) The amount of secondary use fees that an association as referred to in 
paragraph (5) may deman d on behalf of a right holder pursuant to the 
provisions of paragraph (4) is to be fixed each ye ar by mutual agreement 
between the association  and the broadcaster or cablecaster or association of 
broadcasters, etc.  
(11) If the agreement referred to in the preceding paragraph is not reached, the 
relevant parties, as provided by Cabinet Order, may requ est the Commissioner 
of the Agency for Cultura l Affairs to issue a compulsory license fixing the 
amount of secondary use fees.  
(12) The provisions of Article 70 , paragraphs (3), (6), and (8) and Articles 71 
through 74 apply mutatis mutandis to the compulso ry license and secondary 
use fees referred to in the preceding paragraph. In this case, in Article 70, 
paragraph (3), the term "copyright owner" is deemed to be  replaced with 
"relevant parties"; in Article 72, paragraph (2), the term "user of the work" is 
deemed to be replaced with "broadcaster or cab lecaster 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 "associa tion referred to 
in Article 95, paragraph (5)".  
(13) The provisions of the Act on Prohibition of Private Monopoliz ation and 
Maintenance of Fair Trade do not apply to the mutual agreement referred to in 
paragrap h (10) nor to actions taken under it; provided , however, that this does 
not apply if unfair trade practices are used or if it would unreasonably harm 
the intere sts of the enterprises concerned.  
(14) Beyond what is provided for in paragraphs (5) to (13), ne cessary particulars 
involving the payment of t he secondary use fees referred to in paragraph (1) 83 and concerning the associations under paragraph (5) are provide d for by 
Cabinet Order.  
 
(Right of Transfer)  
Article 95 -2  (1) A performer has the exclusive rig ht to make that performer's 
performance availa ble to the public through the transfer of a sound or visual 
recording of it.  
(2) The provisions of the preceding p aragraph do not apply to any of the following 
performances:  
(i) a performance whose visuals have  been recorded with the authorization of 
the o wner 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 paragra ph (1) do not apply if a performance is made 
available to the public through the transfer of a sound or visual  recording 
(except those referred to in items (i) and (ii) of the preceding paragraph; the 
same appl ies hereinafter in this Article) that falls un der a category provided 
for in one of the following items:  
(i) a sound or visual recording of a performance th at is transferred to the public 
by the owner of the right set forth in paragraph (1) or a person aut horized 
thereby;  
(ii) a sound or visual record ing 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 reco rding 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 mutan dis pursuant to Article 103;  
(iv) a sound or visual recording of a performance that is transferred t o 
exclusive groups made up of a few persons by  the owner of the right set forth 
in paragraph (1) or a person authorized thereby;  
(v) a sound or visual recor ding of a performance that is transferred abroad 
without prejudice to any right equivalent to the ri ght set forth in paragraph 
(1), or by the owne r of any right equivalent to the right set forth in that 
paragraph or a person authorized thereby.  
 
(Right to Rent Out)  
Article 95 -3  (1) A performer has the exclusive right to make that performer's 
performance  available to the public by renting out commer cial 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 84 made available to the public by the renting out of com mercial 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 the ir first sale 
(including the renting out of any phonogram of which reproductions that are 
entirely t he same as such commercial phonograms are bein g 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 "br oadcaster or cablecaster referred to in Articl e 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 pr ovided 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, p aragraphs (7) to (14) apply mutatis mutandis t o 
the preceding paragraph. In this case, the provisions of the second sentence of 
paragraph (4) of this Articl e apply mutatis mutandis.  
 
Section 3 Rights of Producers of Phonograms  
 
(Right of Reproduction)  
Article 96  The producer of a phonogram has the ex clusive right to reproduce its 
phonograms.  
 
(Right to Make Available for Transmission)  
Article 96 -2  The produ cer of a phonogram has the exclusive right to make its 
phonograms available for transmission.  
 
(Simu ltaneous Broadcast Distribution of Commercial Phonograms)  
Article 96 -3  (1) A broadcaster, cablecaster or simultaneous broadcast 
distribution service provid er may undertake simultaneous broadcast 
distribution using a commercial phonogram (excluding commerc ial phonograms 
for which a copyright managemen t service provider manages the right provided 
for in the preceding Article (limited to the right pertaining to  simultaneous 85 broadcast distribution; hereinafter the same applies in this paragraph and the 
followi ng paragraph), or commercial phonograms for wh ich information 
necessary for smooth authorization, including the name of the owner of the 
right provided for in that Article and the contact information for accepting 
applications for authorization of simultan eous broadcast distribution, as 
specified by t he Commissioner of the Agency for Cultural Affairs, has been 
disclosed by a method specified by the Commission er of the Agency for Cultural 
Affairs; the same applies in the following paragraph).  
(2) Having unde rtaken simultaneous broadcast distribution usi ng a commercial 
phonogram, a broadcaster, cablecaster or simultaneous broadcast distribution 
service provider must pay compensation in an amount equivalent to the 
ordinary rate of royalties to the owner of the right provided for in the 
preceding Article.  
(3) If a copyright management service provider is in existence, whose consent has 
been obtained and which the C ommissioner of the Agency for Cultural Affairs 
has designated as the only such service provider in t he country, it is 
permissible for the right to  receive the compensation referred to in the 
preceding paragraph to be exercised exclusively through the copyr ight 
management service provider.  
(4) The provisions of Article 93 -3, paragraph (4) apply mutatis mu tandis to the 
designation under the provisions  of the preceding paragraph, and the 
provisions of paragraphs (5) through (13) of that Article apply mutatis 
mutandis to the compensation referred to in paragraph (2) and the designated 
copyright management ser vice provider pursuant to the provisions of th e 
preceding paragraph. In this case, in paragraph (4), item (iv) of that Article, 
the phrase "remuner ation referred to in paragraph (2)" is deemed to be 
replaced with "compensation referred to in Article 96 -3, paragraph (2)," and in 
paragraphs (7) and (10)  of that Article, the term "broadcaster" is deemed to be 
replaced with "broadcaster, cablecaster."  
 
(Secondary Use of Commercial Phonograms)  
Article 97  (1) If a broadcaster or cablecaster broadcasts or cableca sts a 
commercial phonogram (unless it receives  a broadcast transmission and makes 
a cablecast simultaneously, for non -commercial purposes and witho ut charging 
a fee (meaning anything of value received in exchange for presenting the sound 
from the commercia l 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 o f paragraphs (2) and (4) of Article 95 apply mutatis mutandis 
to the producer of a phonogram under th e preceding paragraph, and the 86 provisions of paragraph (3) of that Article apply mutatis mutandis to the term  
of protection provided for in the preceding p aragraph. In this case, in 
paragraphs (2) to (4) of that Article, the phrase "performer whose perform ance 
has been fixed in a phonogram whose producer is the national" is deemed to be 
replaced with "producer of  a phonogram that is the national"; and in par agraph 
(3) of that Article, the phrase "term of protection that performers are granted" 
is deemed to be replaced with "term of protection that producers of phonograms 
are granted".  
(3) If an association is in e xistence (including a federation of associatio ns) 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 ri ght to secondary use fees under paragraph (1) to be 
exercised exclusively through suc h association.  
(4) The provisions of Article 95, paragraphs (6) to (14) apply mutatis mutandis to 
the secondary use fees refe rred to in paragraph (1) and to an association  as 
referred to in the preceding paragraph.  
 
(Right of Transfer)  
Article 97 -2  (1) Th e producer of a phonogram has the exclusive right to make 
that phonogram available to the public through the transfer of copi es thereof.  
(2) The provisions of the precedin g paragraph do not apply if a phonogram is 
made available to the public through the t ransfer of copies that fall under a 
category provided for in one of the following items:  
(i) copies of a phonogram that are t ransferred to the public by the owner of the 
right provided for in the preceding paragraph or a person authorized thereby;  
(ii) cop ies 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 Artic le 103;  
(iii) copies of a phonogram that are transferred to the public based on the 
application of the provisions of Article 67 -2, paragraph (1), as applied 
mutatis mutandis pursuant to Article 103;  
(iv) copies  of a phonogram that are transferred to exclus ive groups made up of 
a few persons by the owner of the right provided for in the pre ceding 
paragraph or a person authorized thereby;  
(v) copies of a phonogram that are transferred abroad, without prejudice to any 
right equivalent to the right provided for  in the preceding paragraph, or by 
the owner of any right equivalent to the right pro vided for in that paragraph 
or a person authorized thereby.  
 
(Right to Rent Out)  87 Article 97 -3  (1) The producer of a phonogra m has the exclusive right to make the 
phonogra m 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 pu blic through the rental of post -term commercia l 
phonograms.  
(3) When a rental phonogram dealer makes a phonogram available to the p ublic 
by renting out post -term commercial phonograms, it must pay a reasonable 
amount of remuneration to the producer whose p honogram it is (but only 
during the lifetime o f the neighboring rights).  
(4) The provisions of Article 97, paragraph (3) apply muta tis mutandis to the 
exercise of the right to receive the remuneration referred to in the preceding 
paragraph.  
(5) The provisi ons of Article 95, paragraphs (6) to (14) appl y mutatis mutandis to 
the remuneration referred to in paragraph (3) of this Article a nd 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 sent ence 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 this Article apply mutatis mutandis to the 
preceding paragraph. In this  case, in paragraph (5), the phrase "Article 9 5, 
paragraph (6)" is deemed to be replaced with "Article 95, paragraph (7)".  
 
Section  4 Rights of Broadcasters  
 
(Right of Reproduction)  
Article 98  A broadcaster has the exclusive right to record sound and visu als 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 rece ipt of its broadcast transmission.  
 
(Rebroadca sting Rights and Cablecasting Rights)  
Article 99  (1) A broadcaster has the excl usive right to rebroadcast or cablecast 
its broadcast based on the receipt of its broadcast transmission.  
(2) The provisions of th e preceding paragraph do not apply to a cablec ast that a 
person that cablecasts based on the receipt of broadcast transmission s is 
required to make pursuant to the provisions of laws and regulations.  88  
(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 broad cast transmission or 
based on the receipt of a cablecast transmission that has been made based on 
the receipt of its broadcast tra nsmission.  
(2) The provisions of the preceding  paragraph do not apply to a work's being 
made transmissible in connection with an automatic public transmission that a 
person making automatic public transmissions based on the receipt of 
broadcast transmissio ns is required to make pursuant to the provisi ons of laws 
and regulations.  
 
(Right to Communicate Television Broadcasts)  
Artic le 100  A broadcaster has the exclusive right to use a special instrument 
that enlarges images to communicate its television broad cast 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 rig ht 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 10 0-3  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 cableca ster has the exclusive right to make its cable cast 
available for transmission based on the receipt of its cablecast transmissi on. 
 
(Right to Communicate Cable Television Broadcasts)  
Article 100 -5  A cablecaster has the exclusive right to use a special inst rument 
that enlarges images to communicate its  cable television broadcast to the 
public based on the receipt of its cable tele vision broadcast transmission.  
 
Section 6 Term of Protection  89  
(The Term of Protection for Performances, Phonograms, Broadcasts, an d 
Cablecasts)  
Article 101  (1) The duration of  neighboring rights begins at the following times:  
(i) for a performance, the time that the performance takes place;  
(ii) for a phonogram, the time that the first fixation of sounds is made;  
(iii) for a broadca st, 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 afte r 
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 firs t fixed in a 
phonogram, if the work is not pub lished within 70 years counting from the 
year after that in w hich 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 bro adcast takes place;  
(iv) for a cablecast, once  50 years have passed, counting from the year after 
that in w hich 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 m oral rights are exclusive to that performer, and are 
inalienable.  
 
(Protection of Moral Interests after the Performer's Death)  
Article 101 -3  Even after the death of the performer, it is prohibited for person 
that makes available or presents that performer 's performance to the public to 
engage in conduct tha t would be prejudicial to the moral rights of the 
performer if the performer were alive; provided, however, that this does not 
apply if that conduct is found  not to contravene the will of the performer i n 
light of the nature and extent of the conduct as we ll as changes in social 
circumstances and other conditions.  
 
Section 8 Limitations, Transfer, Exercise, and Registration of Rights  
 
(Limitations on Neighbori ng Rights)  
Article 102  (1) The provisions of Article 30, paragraph (1) (except item (iv); the 90 same  applies in paragraph (9), item (i)); Articles 30 -2 through 32, Articles 35, 
and 36; Article 37, paragraph (3); Article 37 -2 (except item (i); the same appli es 
in the following paragraph); Article 38, pa ragraphs (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, broad cast, or cablecast that is the subject of 
neighboring rights; the provisions of Article 30, paragra ph (3) 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 mutand is to the exploitation of a performance or cablecast that 
is the subject of neighboring rights; and the provisions of Article 44, paragraph 
(2) apply mutatis mutandis to the exploitation of a performance, phono gram, or 
cablecast that is the subject of neig hboring rights. In this case: in Article 30, 
paragrap h (1), item (iii), the phrase "an automatic public transmission that 
infringes a copyright (including an automatic public transmission that is 
transmitted ab road and...)" is deemed to be replaced with "a n automatic public 
transmission involving making a wo rk available for transmission that infringes 
a copyright (including making a work available for transmission that is 
undertaken abroad and...)"; in Article 4 4, paragraph (1), the phrase "Article 23, 
para graph (1)" is deemed to be replaced with "Article 92,  paragraph (1); Article 
92-2, paragraph (1), Article 96 -2, Article 99, paragraph (1); or Article 100 -3", in 
Article 44, paragraph (2), the phrase "Article 23 , paragraph (1)" is deemed to 
be replaced with  "Article 92, paragraph (1), Article 96 -2 or Article 100-3", and 
in Article 44, paragraph (3), the phrase "Article 23, paragraph (1)" is deemed to 
be replaced with "Article 92 -2, paragraph (1) or Article 96 -2." 
(2) If a performance or phonogram or sounds o r images from a broadcast or 
cablecast (hereinafter r eferred to as a "performance, etc.") are reproduced 
pursuant to the provisions of Article 32, Article 37, paragraph (3), Article 37 -2; 
Article 42; or Article  47, as applied mutatis mutandis pursuant to t he 
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 ma nner and to the extent 
considered reasonable f or the circumstances of the reproduction.  
(3) If it i s permissible to reproduce a work printed in a school textbook pursuant 
to the provisions of Article 33 -2, paragraph (1), it is also permissible to 
reproduce  any performance whose sound has been recorded  in a sound 
recording made based on the application o f the provisions of that paragraph, to 
reproduce any phonogram associated with such sound recording, and to present 
the performance or phonogram to the publi c through the transfer of copies 
thereof, for the purpose referred to in that paragraph.  
(4) If a person set forth by Cabinet Order that is as referred to in Article 37, 91 paragraph (3) and that engages in an undertaking related to the welfare of 
persons wit h visual and other such impairments is permitt ed to reproduce a 
visual work pursuant to the provis ions 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 a ny phonogram associated with such sound recording, m ay 
make the performance or phonogram available for transmission, and may 
present the performance or phonogram to the public through the transfer of 
copies the reof, for the purpose referred to in that para graph.  
(5) A broadcast performance that is the subje ct of neighboring rights may be 
transmitted via area -limited specified input -type automatic public 
transmission; provided, however, that this does not apply i f doing so would 
prejudice the rights of the p erson that owns the rights provided for in Article 
99-2, paragraph (1) with respect to that broadcast.  
(6) Unless the provisions of Article 38, paragraph (2) as applied mutatis 
mutandis pursuant to paragraph (1 ) of this Article are applicable, a person 
that makes a performance available for transmission pur suant 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 mu tatis mutandis to 
the exploitation of a phonogram that is the subject of neighboring rights. In 
this case, in the preceding paragraph, the phrase "Article 92 -2, paragraph (1)" 
is deemed to be replaced wit h "Article 96 -2". 
(8) If it is permissible for a per son 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 t he person to cablecast the work or use a speci al 
instrument that enlarges images to communicate th e work to the public based 
on the receipt of that broadcast or cablecast transmission, and to transmit such 
a broadcast transmission via area -limited specifie d input -type automatic public 
transmission.  
(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, Arti cle 98 or Article 100 -2: 
(i) a person that dis tributes a copy of a performance, etc. which has bee n made 
based on the application of the provisions of Article 30, paragraph (1); Article 
30-3; Article 31, paragraph (1), item (i), paragraph (2), item (i), pa ragraph (4), 
paragraph (7), item (i) or paragr aph (9), item (i); 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, paragraphs (1) through (3); A rticle 47, paragraph 92 (1) or (3); Article 47 -2; or Ar ticle 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 s ounds 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 muta tis 
mutandis pursuant to paragraph (1) of this Artic le to exploit that 
performance, etc. with the purpose of personally enjoying or causing another 
person to enjoy it, irrespective of the manner in which the pe rson exploits it;  
(iii) a broadcaster, cableca ster or simultaneous broadcast distribution service 
provider that preserves a sound or visual recording provided for in Article 44, 
paragraph (4) 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 perfo rmance, 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 purs uant to paragraph (1), to 
exploit that perform ance, etc. for a purpose other than what is provided  for 
in those provisions, irrespective of the manner in which the person exploits 
it; 
(v) a person that distributes a copy of a performance or phonogram that has 
been created based on the application of t he 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 -2, paragraph (1) or  Article 37, paragraph (3).  
 
(Relationship wit h the Moral Rights of Performers)  
Article 102 -2  The  provisions of the preceding Article that concern limitations on 
neighboring rights (other than the provisions of paragraphs (7) and (8) of that 
Article) must  not be interpreted as affecting the protectio n 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 pro visions of Article 62, paragraph (1) 
to the ex piry of those rights; the provisions of Articles 63 and 63 -2 to the 
authorization to exploit a performance, phonogram, broadcast, or cablecast; the 
provisions of Article 65 to the joint authorship of those righ ts; the provisions of 
Article 66 to the establ ishment of a pledge on those rights; and the provisi ons 
of Article 67; Article 67 -2 (except the proviso to paragraph (1)); Article 70 
(except paragraphs (3) through (5)); Articles 71 (limited to the part concer ned 93 with item (ii)); Article 72; Article 73; a nd Article 74, paragraphs (3) and (4) to 
the exploit ation of a performance, phonogram, broadcast, or cablecast if the 
owners of neighboring rights cannot be found; the provisions of Article 68, 
Article 70 (exce pt paragraph (4), item (i) and paragraph (7)),  Article 71 (limited 
to the part concerned with item  (ii)), Article 72, the main clause of Article 73, 
and Article 74 to the exploitation of a performance, phonogram, broadcast, or 
cablecast if an agreement wit h the owners of neighboring rights has been 
sought but cannot be reached or deliberations cannot b e entered into; and the 
provisions of Article 71 (limited to the part concerned with item (i)); and 
Article 74 to the exploitation of a performance or cableca st under the 
provisions of Articles 33 through  33-3 as applied mutatis mutandis pursuant to 
the pr eceding paragraph. In this case, in Article 63, paragraph (6), the phrase 
"Article 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 68, paragraph (2) , the phrase "Article 38, paragraphs (2) and (3)" is 
deemed to be replaced with "Article 38, paragraph (2), as applied mutatis 
mutandis pursuant to Article 10 2, paragraph (1)".  
 
(Registration of Neighbori ng Rights)  
Article 104  The provisions of Article 77  and Article 78 (except paragraph (3)) 
apply mutatis mutandis to the registration of neighboring rights. In this case, 
in paragraphs (1), (2), (4), (8), and ( 9) of the latter Article, the phrase "the 
copy right register" is deemed to be replaced with "the r egister of neighboring 
rights".  
 
Chapter V Compensation for Private Sound and Visual Recording  
 
(Exercise of the Right to Receive Compensation for Private Sou nd and Visual 
Recording)  
Article 104 -2  (1) If  an association is in existence that has as its purp ose the 
exercise of rights on behalf of persons that own the right to receive the 
compensation referred to in Article 30, paragraph (3) (including as applied 
mutatis mutandis pursuant to the provisions of  Article 102, paragraph (1); the 
same applies herein after in this Section) (hereinafter in this Section referred to 
as "compensation for private sound and visual recording") (hereinafter in the 
following paragr aph and item (iv) of the following Article tha t 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 relevan t category of compensation for private 
sound a nd visual recording among those set forth in the fol lowing, the right to 
receive compensation for private sound and visual recording may be exercised 94 exclusively through the designated association (hereinafter in this Section 
referred to as the "designated  association"):  
(i) compensation for private sound a nd visual recording in connection with 
sound recorded for the purpose of private use (unless the recorded sound is 
exclusively for use with recorded visuals; hereinafter in this Chapter referred 
to as "pr ivate sound recording");  
(ii) compensation for priva te sound and visual recording in connection with 
visuals recorded for the purpose of private use (including visuals recorded 
along with recorded sounds used e xclusively therewith; hereinafter in this 
Chap ter referred to as "private visual recording").  
(2) A designated association has the authority to act in and out of court on behalf 
of a right holder, in its own name, in connection with the right to receive 
compensation for private sound and visual record ing. 
 
(Designation Criteria)  
Article 104 -3  The Commissioner of the Agency for Cultural Affairs may not 
make a designation under the provisions of paragraph (1) of the preceding 
Article unless the association s atisfies the following criteria:  
(i) it is a g eneral incorporated association;  
(ii) in a case involving the compensation for private sound and visual recording 
set forth in paragraph (1), item (i) of the preceding Article, it has as its 
members the associa tions set forth in (a), (c), and (d), or, in a  case involving 
the compensation for private sou nd 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 (inclu ding a federation of associations) that has as  its 
members persons that own the rights provide d 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 Articl e in connection with works associated 
with priva te 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 v isual recording, and which 
is recognized as repr esenting, 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 as sociations) that has as its 
members a considerab le number of persons that perform professionally in 
Japan;  
(d) an association (including a federation of associations) that has as its 95 members a considerable numb er of persons that produce phonograms 
professi onally in Japan;  
(iii) the associations set fort h 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 member s have an equal right to vote on resolutions a nd in elections;  
(iv) they have sufficient capac ity to personally and properly perform functions 
involved in exercising the right to receive compensation for private sound 
and visual recording (including functi ons involved in the undertaking 
referred to in  Article 104 -8, paragraph (1); hereinafter in th is Chapter 
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 (3) 
(hereinafter in this Article and the following Article referred to as a "s pecified 
machine" and a "specified recording m edium", respectively) (limited to persons 
that m ake the initial purchase of a specified machine or specified recording 
medium after it is retailed), if so requested by the designated association, must 
pay compe nsation for private sound and visual recording  at the time of the 
purchase, in an amount estab lished for the relevant specified machine or 
specified recording medium pursuant to the provisions of Article 104 -6, 
paragraph (1), as a lump -sum payment represen ting compensation for private 
sound and visual  recording, for the private sound recording or p rivate visual 
recording that will be done using that specified machine or specified recording 
medium.  
(2) A person that pays compensation for private sound and vi sual recording 
pursuant to the preceding parag raph 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 exclusi vely for 
purposes other than private sound recor ding and private visual recording.  
(3) Notwithstanding the provisions of Article 30, paragraph (3), a person that 
uses a specified machine for which compensation for private sound and visual 
recording has bee n paid as per a request for payment under the pr ovisions of 
paragraph (1) of this Article to do private sound recording or private visual 
recording on a specified recording medium for which compensation for pri vate 
sound and visual recording has been paid as per a request for payment under 96 that paragrap h is not required to pay compensation for private sound and 
visual recording at the time of doing such private sound recording or private 
video recording; provide d, however, that this does not apply if compen sation for 
private sound and visual recording ha s been refunded for the relevant specified 
machine or specified recording medium pursuant to the provisions of the 
preceding paragraph.  
 
(Cooperation by Manufactu rers)  
Article 104 -5  If a designated associati on 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 s pecified recording media in the course of trad e (referred to as a 
"manufa cturer, etc." in paragraph (3) of the following Article) must cooperate 
with the designated association in connection with the request for the payment 
of compensation for private soun d and visual recording and in connection with 
its receipt.  
 
(Amount of Co mpensation for Private Sound and Visual Recording)  
Article 104 -6  (1) Before exercising the right to receive compensation for private 
sound and visual recording pursuant to the provis ions of Article 104 -2, 
paragraph (1), a design ated association must fix t he 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 amou nt. 
(2) Notwithstanding the provisions of Arti cle 30, paragraph (3), if t he 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 rec eived.  
(3) Before applying for the approval re ferred 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 associa tion must hear the opinions of associations of  manufacturers, 
etc. that a re 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 paragr aph (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, par agraph (1)) and Article 104 -4, paragraph (1), 
the ordinary rate of royalties for sound or visual recording, and any other 
circumstances.  97 (5) Before granting the approval referred to in paragraph (1), the Commis sioner 
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 est ablish rules on the execution of functions 
connected with compensat ion and notify the Commissioner of the Agency for 
Cultural Affairs thereof. The same applies if the designated association seeks 
to amend such rules.  
(2) The rules referred to in the preced ing paragraph must include the particulars 
of the distribution of c ompensation 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 est ablish the 
particulars of the distribution in consideration of the purport of the provisions 
of Article 30, paragraph (3).  
 
(Expenditures for Undertakings Related to the Protection of Copyright)  
Article 104 -8  (1) A designated association must expend an am ount equivalent to 
the Cabinet -Order -specified  rate of within 20% o f the amount of compensation 
for private sound and visual recording (limited to such compensation as paid 
pursuant to the provisions of Article 104 -4, paragraph (1)), for undertakings 
relat ed to the protection of copyright and neighbor ing rights, as well a s 
undertakings that contribute to promoting the creation of works and to their 
dissemination.  
(2) Before establishing the Cabinet Order referred to in the preceding paragraph 
or drafting an  amendment to it, the Commissioner of the Agen cy for Cultural 
Affai rs 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 u ndertaking 
referred to in paragraph (1), the C ommissioner may issue  any order that is 
necessary for supervising the relevant functions.  
 
(Collection of Reports)  
Article 104 -9  If the Commissioner of the Agency for Cultural Affairs finds it to 
be necessary in order to ensure a designated association's proper operation of 
functions connected with compensation, the commissioner may have the 
designated association report on its functions connected with compensation or 
request it to submit its books, documents, and other materials, or may issue 
any recommen dations necessary for  improvement in the way in which the 
designated association executes its functions connected with compensation.  
 98 (Delegation to Cabinet Order)  
Article 104 -10  Other than what is provided fo r in this Chapter, the necessary 
particulars o f designated associat ions and of the functions connected with 
compensation are provided for by Cabinet Order.  
 
Section 2 Compensation for Public Transmission by Libraries or Similar 
Facilities  
 
(Exercise of the  Right to Receive Compensation for Public Tran smission by 
Libraries  or Similar Facilities)  
Article 104 -10-2  (1) If an association is in existence that has as its purpose the 
exercise of rights on behalf of persons that own the right to receive the 
compens ation referred to in Article 31, paragraph (5)  (including as applie d 
mutatis mutandis pursuant to the provisions of Article 86, paragraph (3) and 
Article 102, paragraph (1); the same applies hereinafter in Article 104 -10-4, 
paragraph (2) and Article 104 -10-5, paragraph (2)) (hereinafter in this Sectio n 
referred to as "com pensation for public transmission by libraries or similar 
facilities") (hereinafter in the following paragraph and item (iv) of the following 
Article wherein persons are referred to as "rig ht holders"), whose consent has 
been obtained and which the Commiss ioner of the Agency for Cultural Affairs 
has designated as the only association in the country, the right to receive 
compensation for public transmission by libraries or similar facilities may be 
exercised exclusively through the desig nated association (he reinafter in this 
Section referred to as the "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 nam e, in connection with the right to receive 
compensation for public transmission by libraries or similar facilities.  
 
(Designation Criteria)  
Article 104 -10-3  The Commissioner of the Agency for Cultural Affairs may not 
make a designation under the provision s of paragraph (1) of the preceding 
Article un less the association satisfies the following criteria:  
(i) it is a general incorporated association;  
(ii) it has as its members the following associations:  
(a) an association (including a federation of associat ions) 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 
(hereinafter in this Section referred to as "public transmission by libraries 
or similar facili ties")under the provisions of Article 31, para graph (2) 
(including as applied mutatis mutandis pursuant to the provisions of 
Article 86, paragraph (3) and Article 102, paragraph (1); the same applies 99 hereinafter in paragraph (4) of the following Article), and which is 
recognized as representing, in Ja pan, the interests of  persons that own the 
right provided for in that paragraph in connection with works associated 
with public transmission by libraries or similar facilities;  
(b) an association (including a f ederation of associations) that has as its 
mem bers owners of item (ii) print rights in connection with works 
associated with public transmission by libraries or similar facilities, and 
which is recognized as representing, in Japan, the interests of the own ers 
of item (ii) print rights in connection wi th works associ ated with public 
transmission by libraries or similar facilities;  
(iii) the associations set forth in (a) and (b) of the preceding item satisfy the 
following conditions:  
(a) they are non -profit a ssociations;  
(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 compensati on for public transmission by 
libraries or sim ilar facilities  (including functions involved in the undertaking 
referred to in Article 104 -10-6, paragraph (1); hereinafter in this Section 
referred to as "functions connected with compensation") on behalf of the right 
holders.  
 
(Amount of Compensation fo r Public Transm ission by Libraries or Similar 
Facilities)  
Article 104 -10-4  (1) Before exercising the right to receive compensation for 
public transmission by libraries or similar facilities pursuant to the pro visions 
of Article 104 -10-2, paragraph (2), a designated asso ciation must fix the 
amount of public transmission by libraries or similar facilities and obtain the 
approval of the Commissioner of the Agency for Cultural Affairs. The same 
applies to cases whe re a change in the amount is made to the amoun t. 
(2) Notwiths tanding the provisions of Article 31, paragraph (5), if the approval 
referred to in the preceding paragraph has been given, the amount of 
compensation for public transmission by libraries or simi lar facilities is the 
amount for which that ap proval 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 
libraries or similar facili ties and are recognized as representing the op inions of 
perso ns that establish libraries or similar facilities.  
(4) The Commissioner of the Agency for Cultural Affairs must not approve the 
amount of compensation for public transmission by libraries or simi lar 
facilities to which an application for per mission under p aragraph (1) pertains, 100 unless it is found to be an appropriate amount in consideration of the purport 
of the provisions of Article 31, paragraph (2), the influence on the interests of 
the owners of copyright, etc. in light of the nature and purpose of the works 
associated with public transmission by libraries or similar facilities as well as 
the circumstances of public transmission by libraries or similar facilities, the 
benefit enjoyed by users o f specified libraries or similar facilities wh en they are 
able to easily acquire electronic or magnetic records via public transmission by 
libraries or similar facilities, and any other circumstances.  
(5) Before granting the approval referred to in paragra ph (1), the Commissioner 
of the Agency for Cul tural Affairs m ust consult the Culture Council.  
 
(Rules on the Execution of Functions Connected with Compensation)  
Article 104 -10-5  (1) Before initiating the functions connected with compensation, 
a designated  association must establish rules on the execu tion of functio ns 
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 preceding paragraph must include the particula rs 
of the distr ibution of compensation for public transmission by libraries or 
similar facilities, and the designated association must establish the particulars 
of the distribution in consideration of the purpo rt of the provisions of Article 31, 
paragraph (5). 
 
(Expendit ures for Undertakings Related to the Protection of Copyright)  
Article 104 -10-6  (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 is exploited, e xpenses for administrative handling 
related to the distribution of compensation for public transmission by libraries 
or similar facilities, or other circumstances, of the total amount of 
compensa tion for public transmission by libraries or s imilar faciliti es, for 
undertakings that relate to protecting copyright, print right and neighboring 
rights, as well as undertakings that contribute to promoting the creation of 
works and to their dissemination . 
(2) Before establishing the Cabinet Order re ferred to in th e 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 Affa irs finds it is necessary in 
order to ensure t he proper opera tion of functions related to an undertaking 
referred to in paragraph (1), the Commissioner may issue any order required 
for supervising the relevant functions.  
 101 (Collection of Reports)  
Article 10 4-10-7  If the Commissioner of the Agency for Cultural Affair s 
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 stipulated that the design ated association report on its 
functions conne cted with compe nsation; may request that it submit its books, 
documents, and other materials; or may issue any recommendations necessary 
for improvement in the way in which the designated association executes i ts 
functions connected with compensation.  
 
(Delegation to Cab inet Order)  
Article 104 -10-8  Other than what is provided for in this Section, the necessary 
particulars of designated associations and of the functions connected with 
compensation are provided f or by Cabinet Order.  
 
Section 3 Compensation f or Public Transmission for Classes  
 
Article 104 -11  (1) If an association is in existence that has as its purpose the 
exercise of rights on behalf of persons that own the right to receive the 
compensation refer red to in Article 35, paragraph (2) (including  as applie d 
mutatis mutandis pursuant to the provisions of Article 102, paragraph (1); the 
same applies hereinafter in Article 104 -13, paragraph (2) and Article 104 -14, 
paragraph (2)) (hereinafter in this Secti on referred to as "compensation for 
public tra nsmission for classes") (hereinafter in the following paragraph and 
item (iv) of the following Article wherein persons are referred to as "right 
holders"), whose consent has been obtained and which the Commissi oner of the 
Agency for Cultural Affairs has de signated a s the only association in the 
country, the right to receive compensation for public transmission for classes 
may be exercised exclusively through the designated association thus 
designated (hereinafte r in this Section referred to as the "designat ed 
associa tion");  
(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 transmis sion 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 satisfies the following criteria:  
(i) it is a general incorporated association;  
(ii) it h as as its members the following associations:  102 (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 publi c transmis sion 
(excluding public transmission referred to in Article 35, paragraph (3); 
hereinafter in this Section referred to as "public transmission for classes") 
referred to in Article 35, paragraph (1) (in cluding as applied mutatis 
mutandis pursuant t o the prov isions of Article 102, paragraph (1); the 
same applies hereinafter in paragraph (4) of the following Article), and 
which is recognized as representing ,in Japan, the interests of persons that 
own the right provided for in that paragraph in connec tion 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, paragr aph 
(1) and Article 92 -2, paragraph (1) in con nection wi th 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 connec tion with performances associated 
with public transmissi on 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 wit h public transmission for 
classes, and which i s recogniz ed as representing, in Japan, the interests of 
persons that own the right provided for in that Article in connection with 
phonograms associated with public transmission for classes;  
(d) an association  (including a federation of associations) that  has as it s 
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 i nterests o f 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) t hat has as its 
members persons that own the ri ght provid ed 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 th e right provided for in those Articles in conn ection wit h 
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 association s; 
(b) their members may freely join and leave ; 103 (c) thei r 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 pub lic transmission for 
classes (including functi ons involv ed in the undertaking referred to in Article 
104-15, paragraph (1); hereinafter in this Section referred to as "functions 
connected with compensation") on behalf of the right holders.  
 
(Amount of Comp ensation for Public Transmission for Classes)  
Article 10 4-13  (1) Before exercising the right to receive compensation for public 
transmission for classes pursuant to the provisions of Article 104 -11, 
paragraph (1), a designated association must fix the amo unt of public 
transmission for classes and obt ain the ap proval of the Commissioner of the 
Agency for Cultural Affairs. The same applies to cases where a change in the 
amount is made to the amount.  
(2) Notwithstanding the provisions of Article 35, paragraph  (2), if the approval 
referred to in the prece ding parag raph 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 paragra ph (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 
opinion s of persons that establish educational instit utions ref erred 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 permissi on under paragraph (1) pertains, unless it is found to 
be an appropriate amount in consideration of the purport of the provisions of 
Article 35, paragraph (1), the ordinary rate of royalties for public transmission 
(including making it available for transm ission, if it is to be transmitted to the 
publ ic via aut omatic public transmission), and any other circumstances.  
(5) Before granting the approval referred to in paragraph (1), the Commissioner 
of the Agency for Cultural Affairs must consult the Culture Co uncil.  
 
(Rules on the Execution of Functions Connected with Compensation)  
Article 104 -14  (1) Before initiating the functions connected with compensation, a 
designated association must establish rules on the execution of functions 
connected with compensati on 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 preceding paragraph must include the particulars 104 of the distribution of compensation for public transmission for 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 Undertakings Related to the Protection of C opyright)  
Article 104 -15  (1) A designated as sociation 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 t he distribution of compensation for public tr ansmission 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 un dertakings that contribute to promoting 
the c reation of works and to their dissemination.  
(2) Before establishing the Cabinet Order referred to in the preceding paragraph 
or drafting an amendment to it, the Commissioner of the Agency for Cultural 
Affairs m ust consult the Culture Council.  
(3) If the C ommissioner of the 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 o rder required 
for supervising the relevant fu nctions.  
 
(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 o f 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 recommendati ons necessary for improvement in 
the way in w hich 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 de signated associations and of the functions co nnected with 
compensation are provided for by Cabinet Order.  
 
Chapter VI Dispute Resolution  
 
(Mediators in Copyright Dispute Resolution)  
Article 105  (1) In order for disputes concerning the rights provided for in this 
Act to be resolved through mediation,  mediators for copyright dispute 105 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 Affair s delegates up to three 
mediators for each ca se, 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 t his Act, 
a party to the dispute may file an a pplication 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 Cabi net 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 government.  
 
(Referral to Med iation)  
Article 108  (1) If the Commissioner o f 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 co nsents, the commissioner is to r efer the matte r 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 inappro priate for mediation, or if the commissioner f inds 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 an d ascertaining the salient point s of both part ies' 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 end s, a mediator must report this to the 
Commissi oner of the Agency for Cultural Affairs.  
(2) If a mediator cuts a mediation short pursuant to the provisions of the 106 preceding Article, the mediator must inform the parties of this and of the 
reason for doing so , as well as reporting thi s to the Commissione r 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 provide d for by 
Cabinet Order.  
 
Chapter VII Infringem ent 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 infri nge the moral rights  of the author, the 
copyright, the print rights, the moral rights of the performer, or the 
neighboring rights, for the cessation or prevention of such infringement.  
(2) When filing the demand under the precedin g paragraph, the author, c opyright 
owner, owne r 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 use d solely 
for an act of inf ringement, 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 deemed to constitute infringe ment of the 
moral rights o f the author, the co pyright, the print rights, the moral rights of 
the performer, or the neighboring rights:  
(i) the importation, for the purpose of distribution in Japan, of an object that is 
made through an act that, were the ob ject to be made in Japan a t the time of 
its im port, would constitute infringement of the moral rights of the author, 
the copyright, the print rights, the moral rights of the performer, or the 
neighboring rights;  
(ii) the distribution, possession for the pu rpose of distribution, off ering for 
distributi on, 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 pr int rights, or 
the neighbo ring rights (includi ng an object imported as referred to in the 
preceding item), with knowledge of such infringement.  
(2) The facilitation of the exploitation of an infringing work, etc. (meaning a work, 
etc. that has been made av ailable for transmission b y infringing a copyr ight 107 (excluding the rights provided in Article 28 (limited to those for a derivative 
work created by a method other than translation); hereinafter the same applies 
in this paragraph and the following paragraph) , a print right, or neighb oring 
rights; and in cluding a work, etc. that has been made available for 
transmission abroad where such action would constitute infringement of any of 
these rights if it were undertaken in Japan; hereinafter the same applies in 
this paragraph and the foll owing paragraph) by others through the provision of 
a transmitter identification code, or of any code other than a transmitter 
identification code or any other information the provision of which has an 
effect that is identical or similar to the provision o f a transmitter iden tification 
code (hereinafter in this paragraph and the following paragraph referred to as 
"transmitter identification code, etc.") (this act is referred to as "facilitation of 
the exploitation of an infringing work, etc." in the followi ng paragraph), which  
is carried out on a website, etc. set forth in item (i) (referred to as a "website, 
etc. facilitating the exploitation of an infringing work, etc." in the following 
paragraph and Article 119, paragraph (2), it em (iv)) or with the use o f a 
computer program  set forth in item (ii) (referred to as a "computer program 
facilitating the exploitation of an infringing work, etc." in the following 
paragraph and paragraph (2), item (v) of the same Article), is deemed to 
constitute infringement of the copyright, print  right or neighboring rights for 
the infringing work, etc., if the person carrying out the relevant act knew, or 
there are reasonable grounds to find that the person could have known, that 
the work, etc. involv ed in the act was an infri nging work, etc.:  
(i) the following websites, etc.:  
(a) a website, etc. that is found to be deliberately leading the public to an 
infringing work, etc. on the website, etc., in light of the circumstances 
under which words that enc ourage the use of the tran smitter identificati on 
code, etc. regarding the infringing work, etc. (hereinafter in this Article 
and Article 119, paragraph (2) referred to as an "infringing transmitter 
identification code, etc.") are indicated or the infringin g transmitter 
identificati on code, etc. is emp hasized, and any other circumstances under 
which the infringing transmitter identification code, etc. is provided on the 
website, etc.;  
(b) a website, other than one set forth in (a), that is found to be used m ainly 
for the exploitation of an infringing wo rk, etc. by the public, in light of the 
number of infringing transmitter identification codes, etc. provided on the 
website, the ratio of that number to the total number of transmitter 
identification codes, etc . provided on the website, the status of 
class ification or compilation conducive to the use of the infringing 
transmitter identification codes, etc., and any other status of provision of 
infringing transmitter identification codes, etc. on the website;  108 (ii) the followin g computer programs:  
(a) a compu ter program that is found to be deliberately leading the public to 
an infringing work, etc. when providing a transmitter identification code, 
etc. by means of the computer program, in light of the circumstances  under 
which w ords that encourage the use of t he transmitter identification code 
regarding the infringing work, etc. are indicated or the infringing 
transmitter identification code, etc. is emphasized, and any other 
circumstances under which the infringing  transmitter i dentification code, 
etc. is prov ided by means of the computer program;  
(b) a computer program, other than one set forth in (a), that is found to be 
used mainly for the exploitation of an infringing work, etc. by the public, in 
light of the nu mber of infrin ging transmitter identification codes, etc. 
provided by means of the computer program, the ratio of that number to 
the total number of transmitter identification codes, etc. provided by 
means of the computer program, the status of classificat ion or compila tion 
conducive to the use of the  infringing transmitter identification codes, etc., 
and any other status of provision of infringing transmitter identification 
codes, etc. by means of the computer program.  
(3) If a person presenting a website,  etc. facilita ting the exploitation of an 
infringing work, etc. to the public (excluding a person merely providing the 
opportunity to present it to the public on a website, etc. that includes the 
website, etc. facilitating the exploitation of an infringing  work, etc. an d a 
considerable number of other  websites, etc. (excluding the case where that 
person has, continuously for a considerable period of time and without 
reasonable grounds, failed to comply with a request from the owner of the 
copyright, etc. fo r the deletion  of the infringing transmitter i dentification codes, 
etc. provided on the website, etc. facilitating the exploitation of an infringing 
work, etc. or there are other special circumstances under which the person's 
action is found to unreasonabl y prejudice th e interests of the copyright own er)) 
or a person making available or presenting a computer program facilitating the 
exploitation of an infringing work, etc. to the public (excluding a person merely 
providing the opportunity to make available or present the  computer program 
facilitating t he exploitation of an infringing work, etc. to the public on a 
website, etc. that includes the website, etc. used for making available or 
presenting the computer program to the public and a considerable number of 
other websi tes, etc. or on a website, etc. used for making available or 
presenting to the public the computer program facilitating the exploitation of 
an infringing work, etc. and a considerable number of computer programs 
(excluding the case where that  person has, c ontinuously for a considerable 
period of time and without reasonable grounds, failed to comply with a request 
from the owner of the copyright, etc. for the deletion of the infringing 109 transmitter identification codes, etc. provided by means of  the computer 
program facilitating the exploit ation of an infringing work, etc. or there are 
other special circumstances under which the person's action is found to 
unreasonably prejudice the interests of the copyright owner)) fails to take 
measures to pre vent the facil itation of the exploitation of t he infringing work, 
etc. although it is technically possible to take these measures, in cases where 
transmitter identification codes, etc. for the facilitation of the exploitation of 
the infringing work, etc. b y others are p rovided on the website, etc. fac ilitating 
the exploitation of an infringing work, etc. or with the use of the computer 
program facilitating the exploitation of an infringing work, etc., and the person 
knew, or there are reasonable grounds to find that the person could have 
known, that th e work, etc. involved in the transmitter identification codes, etc. 
was an infringing work, etc., the person's failure to take those measures is 
deemed to constitute infringement of the copyright, print right o r neighboring 
rights for the infringing work, etc. 
(4) The website, etc. provided for in the preceding two paragraphs means a 
collection of webpages (meaning electronic or magnetic records provided for 
inspection of information using the internet, which ar e specified by  Order of 
the Ministry of Educat ion, Culture, Sports, Science and Technology; 
hereinafter the same applies in this paragraph) that have a common part in 
the transmitter identification code to be used to identify each computer on the 
internet (including mul tiple webpages that constitute p art of the collection, 
which satisfy the requirements specified by Cabinet Order as those that are 
found to be presented to the public in an integrated manner in light of 
circumstances such as the relationships  between the w ebpages).  
(5) The use of a copy made through an act that infringes the copyright to a work 
of computer programming (including copies made by the owner of such copies 
pursuant to the provisions of Article 47 -3, paragraph (1) as well as copies of a 
work of c omputer programming imported as referred to paragraph (1), item (i) 
and copies made by the owner of such imported copies pursuant to the 
provisions of Article 47 -2, paragraph (1)) on a computer in the course of 
business is deemed to constitut e an infringem ent of the copyright, but only i f 
the person using such copy had knowledge of such infringement at the time 
that the person acquired the title to use the copy.  
(6) The circumvention of technological exploitation restriction measures 
(meaning making it poss ible to view or listen to a work , etc. that technological 
exploitation restriction measures have been used to restrict from being view or 
listened to, by hindering the effect of those technological exploitation 
restriction measures (unless th is is done bas ed on the intent of the owner of  
the Copyright; Related Matters.); the same applies in the following paragraph 
and Article 120 -2, items (i) and (ii)) is deemed to constitute infringement of the 110 copyright, print rights, or neighboring rights c onnected to th ose technological 
exploitation r estriction 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 otherwise  does not 
harm  the interests of the owner of t he Copyright; Related Matters.  
(7) An act of transferring or renting to the public a command code (meaning a 
command to a computer by which alone a single result can be obtained) with a 
function that circumvent s technologica l protection measures or technol ogical 
exploitation restriction measures, manufacturing, importing, or possessing 
such a command code for the purpose of transferring or renting it to the public, 
offering such a command code for public use, tr ansmitting suc h a command 
code to the public o r making it available for transmission is deemed to 
constitute infringement of the copyright, etc. relevant to the technological 
protection measures or the copyright, print right or neighboring rights relevant 
to the technol ogical exploitation restriction measures.  
(8) The following acts are deemed to constitute infringement of the moral rights 
of the author, the copyright, the print right, the moral rights of the performer, 
or the neighboring rights to which th e relevant rig hts management information 
perta ins: 
(9) With regard to the application of the provisions of the preceding paragraph, 
the right to receive the remuneration provided for in Article 94 -2; Article 95 -3, 
paragraph (3); and Article 97 -3, paragraph  (3) and the r ight to receive the 
secondary us e 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 wi th "owner of neighboring rights (including the owner of rights 
deemed to be neighboring rights pursuant to the provisions of paragraph (9) of 
the following Article)", and in paragraph (1) of the preceding Article, the 
phrase "neighboring righ ts" is deemed to be replaced with "neighboring  rights 
(including the rights deemed to be neighboring rights pursuant to the 
provisions of paragraph (5) of the following Article)".  
(10) If the owner of a copyright or neighboring rights that personally publi shes or 
allows  another person to publish a com mercial phonogram intended for 
distribution in Japan (hereinafter in this paragraph referred to as a 
"commercial phonogram for domestic distribution") personally publishes or 
allows another person to publish ab road a commerc ial phonogram that is the 
same a s 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"), th e knowing 
impo rtation of the commercial phonog ram for foreign distribution for the 
purpose of distribution in Japan; the knowing distribution in Japan of the 111 commercial phonogram for foreign distribution; or the knowing possession of 
the commercial phonogr am 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 f oreseeably obt ain 
through the publication of t he commercial phonogram for domestic distribution 
are unreasonably adversely affected by the distribution in Japan of the 
commercial phonogram for foreign distribution; provided, however, that this 
does not app ly with regard  to the importation, distributio n in Japan, or 
possession for the purpose of distribution in Japan, of a commercial phonogram 
for foreign distribution that is the same as a commercial phonogram for 
domestic distribution which has passed beyon d the Cabinet -Order -specified 
period of not mo re than seven years counting from the day on which that 
phonogram is first published in Japan.  
(11) The exploitation of a work in a way that is prejudicial to the honor or 
reputation of the author is deemed to constitute an infringement of the 
author's mor al 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 cinematographi c work (if the  work is one that has 
been repro duced in a cinematographic work, this includes copies of the 
cinematographic work); the same applies hereinafter in this Article), a sound 
or visual recording of a performance, or a copy of a phonogram, the per son does 
not k now that the original or copy of  the work, sound or visual recording of the 
performance, or copy of the phonogram does not fall under any of the items of 
Article 26 -2, paragraph (2); Article 95 -2, paragraph (3); or Article 97 -2, 
paragraph (2) , respectively , and is not 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 inf ringement of t he rights set forth in Article 2 6-2, 
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, etc. claims compensation for 
damage incurr ed due to infr ingement, against a person that,  intentionally or 
due to negligence, infringes the owner's copyright, print rights, or neighboring 
rights, and the infringer has transferred an object that was made through the 
relevant act of infringement or h as made a tran smission to the public (or has 
made the relevant work or performance available for transmission, if the object 
has been transmitted to the public via automatic public transmission) that 112 constitutes an act of infringement, the amount calculate d by multiplyi ng the 
number of objects so tran sferred or the number of copies of the work or 
performance, etc. that have been made as a result of the public's receipt of that 
transmission to the public (hereinafter in this paragraph, copies so received 
are referred to a s "copies transmitted and receiv ed" 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,  etc. 
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, etc. has incurred, within 
the limits of an amount proportionate to the abili ty of the owne r of the 
copyright, etc. 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, etc. would have been unable to sell a number of objects equivalent to 
all or part of  the number transferred, etc., a n amount proportionate to the 
number of objects corresponding to such circumstances is deducted from the 
amount of damage thus calculated.  
(2) If a copyright owner, the owner of print rights, or the owner of ne ighboring 
rights claims compensation for damag e incurred due to infringement, against a 
person that, intentionally or due to negligence, infringes the owner's copyright, 
print rights, or neighboring rights, and the infringer has made a profit from 
the act of infringemen t, 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 neighbor ing rights 
may fix the amount of damages incur red 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 neglig ence, 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 par agraph against  a person 
that has infringed the  owner's copyright or neighboring rights and the 
copyright or neighboring rights are managed by a copyright management 
service provider under a management entrustment agreement provided for in 
Article 2, paragr aph (1) of the  Act on Copyright, etc. Manageme nt Service, 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 neighb oring rights, calculated based on those 
of the  provisions of the royalty rules established by the copyright management 
service provider that are provided for in Article 13, paragraph (1) of the Act 113 which are applicable to the circumstances of the exploitat ion of the wor k, etc. 
associated 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 compensati on for 
damage in excess of the a mount referred 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 compensatio n for the damage.  
 
(Duty to Clar ify 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 advers e party denies  the specific circumstances of t he 
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 inf ringement, 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 Docu ments)  
Article 114 -3  (1) In litigation involv ing infringement of the moral rights of an 
author, a copyright, print rights, the moral rights of a performer, or 
neighboring rights, the court, at the petition of a party, may order a party to 
submit documents  that a re needed to prove the relevant act of infringement or 
to calculate the damage caused by the relevant act of infringement; provided, 
however, that this does not apply if the person in possession of such documents 
has just cause for refusing to submi t them.  
(2) If the court finds it to be necess ary in order to judge whether the document 
submitted upon filing the petition referred to in the main clause of the 
preceding paragraph constitutes the document referred to in the main clause of 
the same paragr aph or whether the just cause set forth in the  proviso to the 
same paragraph is present, the court may have the person in possession of 
documents present such documents. In such a case, no person may request the 
disclosure of any document so presented.  
(3) In a c ase referred to in the preceding paragr aph, if the court finds that it is 
necessary to disclose a document referred to in the second sentence of the 
preceding paragraph and hear opinions with regard to whether the document 
submitted upon filing the petitio n referred to in the main clause of par agraph 
(1) constitutes the document referred to in the main clause of the same 114 paragraph or whether the just cause provided for in the proviso to the same 
paragraph is present, the court may disclose that docum ent to the parties, etc. 
(meaning the parties (or if a party is a corporation, its representative), or the 
parties' agents (other than litigation representatives and assistants in court), 
employees, or any other worker; the same applies in Article 114 -6, paragrap h 
(1)), their litigation representative s, or their assistants in court.  
(4) In a case referred to in paragraph (2), if the court finds that it is necessary to 
disclose a document referred to in the second sentence of the same paragraph 
and hear an e xplanat ion based on expert knowledge, the cour t may disclose the 
document to a technical adviser as provided in Part I, Chapter V, Section 2, 
Subsection 1 of the Code of Civil Procedure (Act No. 109 of 1996), with the 
consent of the parties.  
(5) The provis ions of  the preceding paragraphs apply mutatis  mutandis to the 
presentation of the object of any inspection that is necessary for proving the 
relevant act of infringement in litigation involving infringement of the moral 
rights of an author, a copyright, p rint ri ghts, 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 cou rt orders an appraisal 
of particulars t hat are necessary for calculating the damage caused by the 
relevant act of infringement, the parties must explain the particulars 
necessary for such appraisal to be made to the appraiser.  
 
(Approval of a Reason able Am ount of Damage)  
Article 114 -5  When dam age is found to have been incurred in litigation involving 
infringement of a copyright, print rights, or neighboring rights, if, due to the 
nature of the relevant facts, it is extremely difficult to prove the f acts th at 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 th e moral rights of an 
author, a copyright, print rights, the moral rights of a performer, or 
neighboring rights, if a prima facie showing of circumstances that fall under 
both of following is made with regard to  a trade secret kept by a party 
(meaning a tra de 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 orderi ng a  party, etc., 115 litigation representative, o r 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 u nder  
the provisions of this paragraph that inv olves that trade secret; provided, 
however, that this does not apply if the party, etc., litigation representative, or 
assistant in court has acquired or gained possession of the relevant trade 
secret before th e petition is filed, by means other than the p erusal 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 detailed in a brief that has already been 
submitted or th at m ust be submitted, or a trade secret is inc luded in the 
content of evidence that has already been examined or that must be 
examined (including documents disclosed pursuant to the provisions of 
Article 114 -3, paragraph (3));  
(ii) the use of the trade se cret referred to in the preceding item for a p urpose 
other than pursuing litigation or the disclosure 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 restrict s uch use or disclosure in order to 
prevent such  hindrance.  
(2) A petition for an order under the provisions of the preceding paragraph 
(hereinafter referred to as a "confidentiality protective order") must be filed in 
writing and detail the following partic ulars: 
(i) the person that would be subject to  the confidentiality protective order;  
(ii) facts sufficient to identify the trade secret that would be made the subject 
of the confidentiality protective order;  
(iii) facts falling under the category of circum stan ces set forth in the items of 
the precedin g 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 p rotective order comes into force as from the t ime at which a 
written ruling is served on the person that has become subject to the 
confidentiality protective order.  
(5) An immediate appeal against a ruling may be filed against a judicial decision 
denying a  petition for a confidentiality protective ord er. 
 
(Cancelation of a Confidentiality Protective Order)  
Article 114 -7  (1) A person that petitions for a confidentiality protective order or 
a person that becomes subject to a confidentiality protective order may file a 
petition with the court that has th e case record on file (if there is no such court, 
with the court that issued the order) to cancel the confidentiality protective 116 order, on the grounds that any of the conditions referred to in paragraph (1) of 
the preceding Article are lacking or have come  to be lacking.  
(2) Once the judicial decision is reached on a petition to cancel a confidentiality 
protective order, the written ruling must be served on the person that has filed 
the petition and on the adver se party.  
(3) An immediate appeal against a ru ling may be filed against a judicial decision 
on a petition to cancel a confidentiality protective order.  
(4) A judicial decision canceling a confidentiality protective order does not take 
effect until it becom es final and binding.  
(5) If the court reaches  a judicial decision to cancel a confidentiality protective 
order, and any person other than the person that has filed the petition to 
cancel the confidentiality protective order or the adverse party is su bject  to a 
confidentiality protective order involvi ng the relevant trade secret in the 
litigation in which such confidentiality 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 Re quest to Inspect Case Records; Related Matters)  
Article 114 -8  (1) In the event that the ruling provided for in Article 92, 
paragraph (1) of the Code of Civil Procedure is reached with regard to the case 
record  in connection with litigation in which a conf identiality protective order 
has been issued (excluding litigation with regard to which all confidentiality 
protective orders have been cancelled), if a party to the case requests to inspect, 
etc. a portio n 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 , mus t notify the party that filed the 
petition ref erred 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 pre cedin g paragraph, the court clerk must not 
allow th e person filing the request to inspect, etc. a portion of the case record 
in which a secret as referred to in that paragraph is entered, until two weeks 
have passed since the day the court clerk receives t he re quest (or if, during 
those two weeks, a petiti on for a confidentiality protective order is filed against 
the person filing the request, the court clerk must not allow the person filing 
the request to inspect, etc. such a portion of the case record unt il the judicial 
decision on the petition becomes fi nal 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 Proced ure a gree to allow the person filing the request 117 referred to in paragraph (1) to inspect, etc. the portions 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 agains t a person that, 
intentionally or due to negligence, has infringed that author's or performer's 
moral rights, demanding that that person take the appropriate measures to 
ensure that the author or performer  is identified as the author or performer, to 
corre ct 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 Perfo rmer' s Moral Interests 
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 performer; the same applies  here inafter in 
this Article) may file the claim re ferred 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 performer, and may file the claim re ferre d 
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 a re pe rmitted to file the claim 
referred to in the p receding 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, the order given in the will appli es. 
(3) An author or performer, in a will, may desi gnate the person that is permitted 
to file the claim referred to in paragraph (1) on behalf of the surviving family 
members. In this case, the designated person may not file such a claim once 70 
years have  pass ed, counting from the year after that in which  the author or 
performer dies (or, if surviving family members are still alive at such a time, 
the designated person may not file such a claim once there are no longer any 
surviving family members).  
 
(Infr ingem ent with Respect to a Joint Work)  
Article 117  (1) Any one co -author or copyright owner in a joint work may file the 
claim referred to in Article 112, claim that co -author's or co -owner's personal 
share of compensation for damage due to copyright infr ingem ent, or claim the 
return of the benefit of any  unjust enrichment in accordance with that co -
author's or co -owner's personal share, without the consent of the other co -118 authors or co -owners of the copyright.  
(2) The provisions of the preceding paragraph  appl y mutatis mutandis in 
connection with infringe ment 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 cla im re ferred to in Article 112, Article 115, or Arti cle 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, how ever,  that this does not apply if the pseudonym is 
the name by which the author is commonly known or if the true name of the 
author has been registered as referred to in Article 75, paragraph (1).  
(2) A person whose true name or the pseudonym by which the perso n is 
commonly known is indicated in the custom ary manner on copies of an 
anonymous or pseudonymous work as the name of the publisher of the work is 
presumed to be the publisher of that work.  
 
Chapter VIII Penal Provisions  
 
Article 119  (1) A person th at in fringes a copyright, print rights, or neighbor ing 
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 Ar ticle 102, paragraph (1); 
same applies in para graph (3)); one whose action is deemed to constitute 
infringement of a copyright, print rights, or neighboring rights pursuant to the 
provisions of Article 113, paragraphs (2), (3) or (6) through (8) (in t he ca se 
under Article 113, paragraph (8), including  rights deemed to be neighboring 
rights pursuant to the provisions of Article 113, paragraph (9); the same 
applies in Article 120 -2, item (v)); one whose action is deemed to constitute 
infringement of a co pyrig ht or neighboring rights pursuant to the provi sions of 
Article 113, paragraph (10); or a person set forth in item (iii) or (vi) 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 b oth. 
(2) A person falling under any of the followin g 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 rights of an author or the moral rights of a 
performer (other than one whose action is deemed to constitute infringement 
of an author's moral rights or a performer's moral rights pursuant to the 
provisions of Article 113, paragraph (8));  
(ii) a person that, for commercial purposes, causes an automate d duplicator 119 referred to in Article 30, paragraph (1), item (i)  to be used to reproduce a 
work or performance, etc. as constitutes an infringement of a copyright, print 
rights, or neighboring rights;  
(iii) a person that engages in an action that is deemed to constitute 
infringement of a copyright, print rights, or nei ghboring rights pursuant to 
the provisions of Article 113, paragraph (1);  
(iv) a person that presented a website, etc. facilitating the exploitation of an 
infringing work, etc. to the public (e xcluding a person  that merely provided 
the opportunity to prese nt to the public on a website, etc. that includes the 
website, etc. facilitating the exploitation of an infringing work, etc. and a 
considerable number of other websites, etc. (meaning the webs ite, etc. 
provide d in Article 113, paragraph (4); hereinafter t he same applies in this 
item and the following item) (excluding the case where that person has, 
continuously for a considerable period of time and without reasonable 
grounds, failed to comply w ith a request fro m the owner of the copyright, etc. 
for the del etion of the infringing transmitter identification codes, etc. 
provided on the website, etc. facilitating the exploitation of an infringing 
work, etc. or there are other special circumstances u nder which the pe rson's 
action is found to unreasonably prejudi ce the interests of the owner of the 
copyright, etc.))  
(v) a person that made available or presented a computer program facilitating 
the exploitation of an infringing work, etc. to the public ( excluding a perso n 
that merely provided the opportunity to make  available or present the 
computer program facilitating the exploitation of an infringing work, etc. to 
the public on a website, etc. that includes the website, etc. used for making 
available o r presenting the computer program to the public and a 
considera ble number of other websites, etc. or on a website, etc. used for 
making available or presenting to the public the computer program 
facilitating the exploitation of an infringing work, etc. and  a considerable 
number of computer programs (excluding the case  where that person has, 
continuously for a considerable period of time and without reasonable 
grounds, failed to comply with a request from the owner of the copyright, etc. 
for the deletion of the infringing tr ansmitter identification codes, etc. 
provided by means of the computer program facilitating the exploitation of 
an infringing work, etc. or there are other special circumstances under which 
the person's action is found to unreasonably prej udice the interes ts of the 
owner of the copyright, etc.));  
(vi) a person that engages in an action that is deemed to constitute 
infringement of a copyright pursuant to the provisions of Article 113, 
paragraph (5).  
(3) A person falling under one of the foll owing items is su bject to imprisonment 120 for a term of up to two years, a fine of up to two million yen, or both:  
(i) a person that infringes a copyright or neighboring rights by digitally 
recording, for the purpose of private use as referred to in Article 3 0, 
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 sound or visual 
recording and that is being made ava ilable or present ed to the public for 
value (limited to those t hat 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 inf ringes 
a copyrigh t (including an automatic public transmission that is transmitted 
abroad and that would constitute copyright infringement if it were 
transmitted in Japan) or via an automatic public transmission through the 
action of making a work availabl e for transmissio n that infringes 
neighboring rights (including  the action of making a work available for 
transmission that is undertaken abroad and that would constitute 
neighboring rights infringement if it were undertaken in Japan) (hereinafter 
in this item and the foll owing item referred to as the "specified infri nging 
sound or visual recording of a fee -based work, etc."), knowing that the 
relevant action constitutes a specified infringing sound or visual recording of 
a fee -based work, etc.;  
(ii) a pers on that continuou sly or repeatedly infringes a copyright by dig itally 
reproducing, for the purpose of private use as referred to in Article 30, 
paragraph (1), a work (limited to one that is the subject of a copyright; 
hereinafter the same applies in this i tem) that is bein g made available or 
presented to the public fo r value (limited to those that are made available or 
presented to the public without infringing any copyrights) and that has been 
transmitted to the public via an automatic public transmission that infringes 
a copyright (excluding the rights provided in Ar ticle 28 (limited to those for a 
derivative work created by a method other than translation); hereinafter the 
same applies in this item and paragraph (5)) (including an automatic public 
transmi ssion that is tra nsmitted abroad and that would constitute copy right 
infringement if it were transmitted in Japan) (excluding sound and visual 
recording; hereinafter the same applies in this item) (excluding reproduction 
that is minor in light of the perce ntage of the repr oduced part in the relevant 
work, the accuracy  of indications made at the time the part is transmitted 
via automatic public transmission, and other elements; hereinafter in this 
item and paragraph (5) referred to as "specified infringing r eproduction of a 
fee-based work, etc."), knowing that the relev ant action constitutes the 
specified infringing reproduction of a fee -based work, etc. (excluding the case 
where there are special reasons for finding that the action would not 121 unreasonably pre judice the intere sts of the copyright owner in light of the 
nature or purpose of the work or the circumstances of the specified infringing 
reproduction of a fee -based work, etc.).  
(4) The person set forth in item (i) of the preceding paragraph must not be 
construed as incl uding a person that infringes a copyright or n eighboring 
rights by undertaking the specified infringing sound or visual recording of a 
fee-based work, etc. through gross negligence in not knowing the fact that the 
relevant action constitut es the specified infringing sound or visual recording of 
a fee -based work, etc.  
(5) The person set forth in paragraph (3), item (ii) must not be construed as 
including a person that continuously or repeatedly infringes a copyright by 
undertaking the specif ied infringing re production of a fee -based work, etc. 
through g ross negligence in not knowing the fact that the relevant action 
constitutes the specified infringing reproduction of a fee -based work, etc.  
 
Article 120  A person that violates the provisions of Article 60 or Article 101 -3 is 
subject to a fine of up to fi ve 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 p erson that transf ers or rents to the public a device with a fun ction that 
circumvents technological protection measures or technological exploitation 
restriction measures (including an easily assembled set of parts for such a 
device) or copies of a compute r program with a function that circumvents 
technological protec tion measures or technological exploitation restriction 
measures; manufactures, imports, or possesses such a device or copies of 
such a computer program for the purpose of transferring or renti ng them to 
the pu blic; or offers such a device or copies of suc h 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 suc h circumvention f unctions, this is limited to if the device or 
program is used to enable the infringement of a Copyright; Related Matters. 
through the circumvention of technological protection measures or to enable 
acts deemed to constitute the infringemen ts of a copyright , print rights, or 
the neighboring rights pres cribed in the provisions of Article 113, paragraph 
(6) through the circumvention of technological exploitation restriction 
measures);  
(ii) a person that, in the course of trade, circumvents tec hnological protec tion 
measures or technological exploitation re striction measures at the request of 
the public;  122 (iii) a person that engages in an action that is deemed to constitute 
infringement of a copyright, print right or neighboring rights pursuant to the 
provisions o f Article 113, paragraph (2);  
(iv) a person th at engages in an action that is deemed to constitute 
infringement of a copyright, etc. relevant to the technological protection 
measures or a copyright, print right or neighboring ri ghts relevant to the 
technol ogical exploitation restriction measures pursu ant to the provisions of 
Article 113, paragraph (7);  
(v) a person that, for commercial purposes, engages in an action that is deemed 
to constitute infringement of an author's moral r ights, a copyright, a print 
right, a performer's moral rights, or neighbor ing rights pursuant to the 
provisions of Article 113, paragraph (8);  
(vi) 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 1 13, paragraph (10).  
 
Article 121  A person that distributes copies of a work that use the true name of 
a person other than the author or the pseudonym by which a person other than 
the author is commonly known, to indicate the name of the author (including 
copies of derivative works that use the true name of a person other than the 
author of the original work or the pseudonym by which a person other than the 
author of the original work  is commonly known, to indic ate the name of the 
original author) is subjec t 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 th e following items (or a copy of 
such a commerc ial phonogram (this includes a copy that is two or more 
intervening reproductions removed from such a commercial phonogram)), 
distributes copies of a commercial phonogram so reproduc ed, possesses such 
copies fo r the purpose of distribution, or offers to di stribute 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 relev ant item) is 
subject to imprisonment for a term of up to one year, a fine of up to one million 
yen, or both:  
(i) a commercial phonogram that a person in the business of producing 
commercial phonograms in Japan produces from the master of a phonogram 
(other  than a phonogram falling under one of the items of Article 8) that is 
made available by the producer of that phonogram;  
(ii) a commercial phonogram that a person in the business of producing 123 commercial phonogr ams abroad produces from the master of a phono gram 
(other than a phonogram falling under one of the items of Article 8) that is 
made available by the producer of that phonogram that is the national of a 
Contracting State of the Convention for the Protectio n 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 la ws and regulations of that State and corporati ons that have principal 
offices in that State).  
 
Article 122  A person that violates the provisions of Article 48 or Article 102, 
paragraph (2) is subject to a fine of up to five hundred thousand yen.  
 
Article 122-2  (1) A person that violates a confidenti ality 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 parag raph abroad.  
 
Article 123  (1) Prosecution may not be instituted for the offence referred to in 
Article 119, paragraphs (1) through (3); Article 120 -2, items (iii) through (vi); 
Article 121 -2; and paragraph (1)  of the preceding Article, unless an accusatio n 
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 und ertaking 
one of the acts set fo rth in the following items, either for the pur pose 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, etc. is expected 
to ga in by making available or prese nting a fee -based work, etc.:  
(i) transferring  copies of an unaltered original fee -based work, etc. to the public 
or transmitting an unaltered original fee -based work, etc. to the public 
(including making that work available for transmission, if it is to b e 
transmitted to the public via automatic publ ic transmission; the same 
applies in the following item) (but only if the profit that the owner of the 
copyright, etc. is expected to gain by making available or presenting that f ee-
based work, etc. would be un reasonably damaged in light of the nature or 
purpose of the fee -based work, etc., the number of copies that would be 
transferred, the circumstances of the transfer or public transmission, or any 
other conditions); or  
(ii) rep roducing a fee -based work, etc.  for the purpose of transferring copies of 
the unaltered original fee -based work, etc. to the public or of transmitting 124 the unaltered original fee -based work, etc. to the public (but only if the profit 
that the owner of the c opyright, etc. is expected to g ain 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 i ts reproduction, or 
any other c onditions).  
(3) The fee -based work, etc. provi ded 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 pre sented to the public 
for value (other than through an action that infringes c opyrights, 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 
Japa n)). 
(4) The publisher of an an onymous 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 Artic le 118, paragraph (1), or if th e accusation is contrary to 
the express will o f 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, 
employ ee, or other worker of a corpor ation 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 subjec t to punishment by the fine pre scribed in the relevant 
item and the person is  subject to punishment by the fine prescribed in the 
provisions referred to in the relevant item:  
(i) Article 119, paragraph (1); Article 119, paragraph (2), items (iii) through 
(vi); or Article 122 -2, paragrap h (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 the relevant of these provisions.  
(2) If the provisions of the pr eceding paragraph are applicabl e 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 ap plicable when a 
corporation is the accused or the suspect, apply mutatis muta ndis.  
(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 ac cusation lodged against a 
corporation or the p erson concerned or the withdrawal of such an accusation is 125 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 para graph (1) of this Article, in connection with a 
violation referred to in Article 119, paragraph (1) or (2) or Article 122 -2, 
paragraph (1), is the period of prescription for the offense referred to in the 
relevant of those pr ovisions.  
 
Supplementary Provis ions  [Extract]  
 
(Effective Date)  
Article 1  T his 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 (herei nafter 
referred to as "the new Act") that concern copyright do not apply to a  work for 
which the entirety of the copyright under the pre -amendment Copyright Act 
(hereinafter referred to as "the former Act") has expired as of the time this Act 
comes into ef fect.  
(2) If part of the copyri ght to a work under the former Act has expired  as of the 
time this Act comes into effect, the corresponding provisions of the new Act 
that concern the expired part of the copyright do not apply to that work.  
(3) Notwithstandi ng the provisions of Articles 7  and 8 of the new Act, the 
provisions of the C opyright Act that concern neighboring rights (including the 
provisions of Articles 94 -2 and 95; Article 95 -3, paragraphs (3) and (4); Article 
97; and Article 97 -3, paragraphs (3) to (5)) apply to a performance that takes 
place before this Act comes into ef fect (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 comes into effect (exc luding a phonogram 
falling unde r 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)  
Articl e 3  The provisions of Article 13, item (iv) o f the new Act do not apply to a 
work that falls under that item on which print rights under the former Act 
have been established as of the time this Act comes into  effect, but only within 
the lifetime of those print rights.  
 
(Transitional Measures for the Author of a Work Attributed to a Corporation)  
Article 4  The provisions of Articles 15 and 16 of the new Act do not apply to a 
work created before this Act comes i nto effect.  126  
(Transitional Measures for the Own ership of Copyrights to Cinematographic 
Works)  
Article 5  (1) Prior laws continue to govern the ownership of a copyright to a 
cinematographic as provided in Article 29 of the new Act which has been 
created bef ore this Act comes into effect.  
(2) The provisi ons of the new Act do not preclude the validit y, 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 o f a copyright to a work of photographic 
portra iture created on commission before 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 provis ions of Article 30, 
paragraph (1), item (i) and Article 119, paragraph (2), item (ii) of the Copyright 
Act, until otherwise provided for by law, the automated dupl icators prescribed 
in these provisions do not i nclude those exclusively used for reproducing 
documents or pictures.  
 
(Transitional Measures for Artistic Works on Public Display)  
Article 6  The owner of a copyright to an artistic work the original of which is 
permanently installed in the outdoor locatio n provided for in Article 45, 
paragraph (2) of  the new Act as of the time this Act comes into effect is deemed 
to have authorized the exhibition of that work through its installation.  
 
(Transitional Measures f or the Term of Protection)  
Article 7  If the du ration 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 duratio n of 
copyright for that work.  
 
(Transitional Me asures for the Duration of the Right of Transl ation)  
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 Measu res for the Disposal of a Copyright)  
Article 9  Except in a case falling under the provisions  of Article 15, paragraph 
(1) of the Supplementary Provisions, a transfer or other disposal of a copyright 
as referred to the former Act, which is carried out befo re this Act comes into 
effect, is deemed to be the corresponding transfer or other disposal o f a 127 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 f ormer 
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 the provisions of Article 51, paragraph (2) 
and Art icle 52, paragraph (1) of the new Act, the wor k referred to in the 
preceding paragraph is deemed to be a joint work.  
 
(Transitional Measures for the Exploitation of a Work Based on a Compulsory 
License)  
Article 11  (1) The provisions of Article 69 of the n ew Act do not apply to a sound 
recording for p roducing another commercial phonogram of a musical work 
whose sound has been recorded onto a commercial phonogram that is sold in 
Japan b efore this Act comes into effect.  
(2) The person that was to be entitled to exploit a work pursuant to the 
provisions o f Article 22 -5, paragraph (2) or Article 27, paragraph (1) or (2) of 
the former Act is entitled to exploit that work pursuant to continue d 
governance by the provisions previously in force.  
(3) The amount of com pensation fixed by the Commissioner of the Age ncy for 
Cultural Affairs pursuant to the provisions of Article 22 -5, paragraph (2) or 
Article 27, paragraph (2) of the former Act is deem ed to be the amount of 
compensation fixed pursuant to the provisions of A rticle 68, paragraph (1) or 
Article 67, paragr aph (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 preceding paragra ph, if a party that is dissatisfied 
with the relevant amount of compensat ion learns of the issuance of a 
compulsory lic ense before this Act comes into effect, the period provided for in 
Article 72, paragraph (1) of the new Act is calculated as from the dat e on which 
this Act comes into effect.  
 
(Transitional Measures for Regist rations)  
Article 12  (1) Except in a case fall ing under the provisions of Article 15, 
paragraph (3) of the Supplementary Provisions, a disposition or process 
connected with the regist ration of a copyright, registration of the author's true 
name, or registr ation of the date of first publication as refe rred to in Article 15 
of the former Act is deemed to be the disposition or process connected with the 
corresponding registration as refer red to in Article 75 to Article 77 of the new 
Act. 128 (2) The provisions of Article 35, paragraph (5) of the former Act re main 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 t ime 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 pri nt rights under the new Act.  
(2) A disposition or process connected with the registration of print rights as 
referred t o 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 proc ess connected 
with the registration as referred to in Article 88 of the n ew Act.  
(3) Notwithstanding the provisions of Articles 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 ref erred to in paragraph (1) of this Article.  
 
Article 14  [Deleted]  
 
(Trans itional Measures for Neighboring Rights)  
Artic le 15  (1) A transfer or other disposal of a copyright referred to in the former 
Act that is carried out before this Act comes into effec t, which is connected 
with a performance that takes place before this Act  comes into effect or with a 
phonogram in whic h sounds are first fixed before this Act comes into effect and 
to which the provisions of the new Act that concern neighboring rights beg in to 
apply from the date on which this Act comes into effect, is deemed to be a 
transfer or other disposal of the corr esponding neighboring rights referred to in 
the new Act.  
(2) Notwithstanding the provisions of Article 101 of the new Act, if the day on 
which the duration of copyright expires under the former Act is after the  day 
on which the duration expires under the p rovisions 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 e xists at the time this Act comes into effect i s until the 
day on which the duration of copyright expires under the former Act (or, if this 
falls after the day that marks the passage o f 70 years counting from the day on 
which this Act comes into effect, the  duration of such neighboring rights is 
until the day that marks the passage of those 70 years).  
(3) A disposition or other process connected with the registration of a copyright 
as referred to Article 15, paragraph (1) of the former Act, which is made for  a 
performance or phonogram provided for in pa ragraph (1) of this Article before 
this Act comes into effect, is deemed to be the disposition or other process 129 connected with the corres ponding 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 p rovided for in paragraph (1) of this Article.  
 
(Transitional Measures for  the Distribution of Copies)  
Article 16  Copie s of a work, performance, 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 appl ied 
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 i n those provisions. In such a case, the provisions of 
Article 113, paragr aph (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); Article s 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 ac t that infringes on 
print rights) that is performed before this Act comes into effect.  
 
(Transitional Measures for Penal Provisions)  
Article 18  Prior laws continue to govern the applicability of penal provisio ns to 
an action that a person undertakes befor e this Act comes into effect.  
 
Supplementary Provisions  [Act No. 49 of May 18, 1978]  
 
(Effective Date)  
(1) This Act comes into effec t as of the day on which the Convention for the 
Protection of Producers of Ph onograms Against Unauthorized Duplication of 
Their Phonograms comes into force with respect to Japan.  
 
(Transitional Measures)  
(2) Provisions of the post -amendment Copyright Act t hat concern neighboring 
rights do not apply to a phonogram set forth in Artic le 8, item (vi) of the 
Copyright Act in which sounds are first fixed before this Act comes into effect.  
 
Supplementary Provisions  [Act No. 154 of May 19, 1981]  [Extract]  130  
(Effec tive Date)  
(1) This Act comes into effect on the date of its promulgation.  
 
Supplementary Provisions  [Act No. 78 of Decemb er 2, 1983]  
 
(1) This Act (except Article 1) comes into effect on July 1, 1984.  
(2) Cabinet Order may prescribe the necessary transit ional 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 provis ions of the 
National Government Organization Act or pursuant to the provision s of 
Cabinet Orders that are based on the rele vant Acts as amended by this Act 
(hereinafter referred to as "the relevant Cabinet Orders"), and may prescribe 
other necessary transi tional measures to establish, amend, or repeal the 
relevant Cabinet Orders du e to this Act coming into effect.  
 
Supplementa ry 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]  
 
(Effec tive Date)  
(1) This Act comes into effect on J anuary 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; 
hereina fter referred to as "the Interim Measure Act")  is hereby repealed.  
 
(Transitional Measures Accompanying the Repeal of the Interim Measures Act)  
(3) Notwithstanding th e provisions of Article 26 -3, Article 95 -3, and Article 97 -3 
of the post -amendment Copyrig ht Act, a person that obtains authorization to  
rent out a commercial phonogram to the public pursuant to the provisions of 
the Interim Measures Act before this Act co mes 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 131 based on it) remain in force with respect to an  act in violation of the provisions 
of Article  4, paragraph (1) of the Interim Measures Act which takes place 
before this Act comes into effect.  
 
Supplementary Provis ions  [Act No. 62 of June 14, 1985]  [Extract]  
 
(Effective Date)  
(1) This Act comes into e ffect on January 1, 1986; provided, however, t hat 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 t he date on which the law 
provided for in Artic le 78 -2 of the post -amendment Copyright Act comes into 
effect.  
 
(Transitional Measures for Works Made in the Course of D uty) 
(2) The provisions of Article 15 of the post -amendment Copyright Act apply to a 
work created after this Act comes into effect; and prior laws continue to govern 
a work created before this Act comes into effect.  
 
(Transitional Measures for the Registration of the Date of Creation)  
(3) The proviso to Article 76 -2, paragraph (1) does not appl y to the registration of 
a copyright as referr ed to in that paragraph, for a work of computer 
programming created within the six months before the date on whi ch the law 
provided for in Article 78 -2 of the post -amendment Copyright Act comes into 
effect, unt il the day that marks the passage of three mon ths 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 Co pyright 
Act do not apply to a copy of a work o f computer programming created before 
this Act comes into effect which would be lawful and could be preserved if  the 
provisions of Article 47 -2 of the post -amendment Copyright Act were to be 
applied.  
 
(Transiti onal Measures for Penal Provisions)  
(5) 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. 64 of May 23, 1986]  
 132 (Effective Date)  
(1) This Act comes into effect on January 1, 19 87. 
 
(Transitional Measures for the Ownership of a Copyright to a Work of 
Cinematography for Cablecasting P urposes)  
(2) Prior laws continue to govern the ownership of a copyright to a 
cinematographic work as pr ovided for in Article 29, paragraph (3) of the  post-
amendment Copyright Act which has been created before this Act comes into 
effect.  
 
(Transitional Meas ures for the Neighboring Rights of Cablecasters and 
Performers)  
(3) Provisions of the Copyright Act tha t concern the neighboring rights of a 
cablecas ter or performer (including the provisions of Article 95 and Article 95 -3, 
paragraphs (3) and (4)) do not a pply to a cablecast that takes place before this 
Act comes into effect, nor to a performance transmitte d 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).  
 
(Transit ional Measures for Penal Provisions)  
(4) Prior laws continue to govern the applicability of penal provi sions to an action 
that a person undertakes be fore this Act comes into effect.  
 
Supplementary Provisions  [Act No. 65 of May 23, 1986]  [Extract]  
 
(Effec tive Date)  
(1) This Act comes into effect on April 1, 1987.  
 
Supplementary Provisions  [Act No. 87 of N ovember 1, 1988]  
 
(Effective Date)  
(1) This Ac t 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 133 by the producer of that phonogram (referred to as a "commercial phonogr am 
produced from a master from a specified foreign country" in the following 
item), for which the day tha t 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 effec t; or the 
distribution of the copies of such a  reproduced commercial phonogram as a 
commercial phonogram;  
(ii) the distribution of a commercial phonogr am in which a commercial 
phonogram produced from a master from a specified foreign country has been 
repro duced 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 
Broadca sting Organizations comes into force with respect to Japan.  
 
(Transitional Measures for Performances That  Japan Is under the Obligation 
to Protect Purs uant to Treaty)  
(2) Provisions of the post -amendment Copyright Act (hereinafter referred to as 
"the new A ct") 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 Act comes into effect;  
(ii) a phonogram  as set forth in Article 8, item (iii) of the new Act, in which 
sounds are first fixed before this Act co mes into effect, and which is other 
than as pr ovided in the following paragraph;  
(iii) a broadcast as set forth in Article 9, item (iii) of the new Act , which takes 
place before this Act comes into effect.  
(3) Prior laws continue to govern a phonogram as s et forth in Article 8, item (iii) 
of the new A ct in which sounds have been first fixed before this Act comes into 
effect and which Japan is under the o bligation to protect pursuant to the 
Convention for the Protection of Producers of Phonograms Against 
Unauthorized Duplication of Their Phonograms.  
 
(Transitional Measures for Performers Who Are Foreign Nationals without a 
Habitual Residence in Japan)  134 (4) Provisions of the Copyright Act that concern neighboring rights (including the 
provisions of Article 95 a nd Article 95 -3, paragraphs (3) and (4)) do no t apply 
to a performer involved in a performance that takes place before this Act comes 
into effect, who is a foreign national without a habitual residence in Japan at 
the time the performance takes place; prov ided, however, that this does not 
apply to a p erformer involved in a performance that takes place before the 
Copyright Act comes into effect and for wh ich 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.  
 
(Transi tional Measures)  
(2) The provisions of Article 95 -3 of the Copyright Act do not apply to a 
performance as  set forth in Article 7, item (v) of the Copyr ight 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 A ct 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 
Conventio n for the Protection of Producers of Phonogram s 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 Ac t Partially Amending the Copyright Act 
(Act No. 49 of 1978) comes into effect;  
(ii) a phonogram set forth  in Article 8, item (iii) of the Copyright Act (excluding 
one that Japan is under the obligation to prote ct pursuant to the Convention 
for the Protecti on of Phonograms) in which sounds are first fixed before the 
Amending Act of 1989 comes into effect.  
(4) Prior laws continue to govern the first day of calculation in the period for a 
post-term commercial phono gram 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 comm ercial phonogram first sold on a day before this Act comes 
into effect to the public by renting it out (limit ed to a commercial phonogram in 
which the soun d of a performance set forth in Article 7, items (i) to (iv) has 135 been recorded or one in which a phon ogram set forth in Article 8, item (i) or (ii) 
has been reproduced).  
(5) The post -amendment provisions of Art icle 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 int ervening reproductions removed from the commer cial phonogram)) 
that a person in the business of producing commercial phonograms in Japan 
produces f rom the master of a phonogram (other than a phonogram falling 
under one of the items of Article 8) that is ma de 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 th e 
year in which the sounds are first fixed int o the master (referred to as the 
"day marking the end of the twenty -year prohibition" in the followin g item) is 
before the Act Partially Amending the Copyright Act (Act No. 87 of 1988; 
referred to as "the Amend ing Act of 1988" in the following item and ite m (iii)) 
comes into effect; the distribution of the copies of such a reproduced 
commercial phonogram as a commercial phonogram; or the possession of such 
copies for the purpose of distribution as a commercial p honogram;  
(ii) the distribution, or the posses sion for the purpose of distribution, of a 
commercial phonogram in which a commercial phonogram produ ced from a 
master from a specified foreign country has been reproduced on or before the 
day marking the end o f the twenty -year prohibition, and for which t he day 
marking the end of the twenty -year prohibition is before the Amending Act of 
1988 comes into e ffect;  
(iii) the reproduction, as a commercial phonogram, of a commercial phonogram 
(or of a copy of a commer cial phonogram (this includes a copy that is t wo or 
more intervening reproductions removed from the commercial phonogram)) 
that a person in the bus iness of producing commercial phonograms in a place 
outside the jurisdiction of the Copyright Act produces fr om the master of a 
phonogram (other than a pho nogram falling under one of the items of Article 
8) that is made available by the producer of that ph onogram that is the 
national of a Contracting State of the International Convention for the 
Protection of Per formers, Producers of Phonograms and Broadcast ing 
Organizations or of the Convention for the Protection of Phonograms (the 
nationals of a Contracti ng State include corporations established based on 
the laws and regulations of that State and corporations th at 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 t he sounds are first fixed 
into the master is before the Amending Act of 1988 comes into effect; the 136 distribut ion of the copies of such a reproduced commerc ial phonogram as a 
commercial phonogram; or the possession of such copies for the purpose of 
distribu tion as a commercial phonogram.  
(6) Prior laws continue to govern the applicability of penal provisions to an  action 
that a person undertakes before this A ct comes into effect.  
 
Supplementary Provisions  [Act No. 106 of December 16, 1992]  
 
(Effective Date)  
(1) This Act comes into effect on the date fixed by Cabinet Order within six 
months from the date of its pro mulgation; provided, however, that the 
provisi ons 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 th at 
pertain to Article 104 -4, Article 104 -5, an d Article 104 -8, paragraphs (1) and 
(3)); and the provisions amending Article 17 of t he Supplementary Provisions, 
come into effect on the date of promulgation of this Act.  
 
(Transitional Measures)  
(2) The provi sions of the post -amendment Copyright Act (her einafter referred to 
as "the new Act") do not apply to private sound recording referr ed to in Article 
104-2, paragraph (1), item (i) of the new Act nor to private visual recording 
referred to in item (ii) of th at paragraph, which is done by means of a spec ified 
machine referred to in Article 104 -4, paragraph (1) of the new Act which is 
purchased (limited to the initial purchase after the machine is retailed) before 
the day on which this Act comes into effect (he reinafter referred to as "the 
effective date") , on a specified recording medium referred to in that paragraph 
that is purchased bef ore the effective date.  
(3) If the private sound recording referred to in Article 104 -2, paragraph (1), item 
(i) of the new A ct or the private visual recording referred to  in item (ii) of that 
paragraph is done by means of a specified machine referred to i n Article 104 -4, 
paragraph (1) of the new Act which is purchased before the effective date, on a 
specified recording medium r eferred to in that paragraph which is purchase d 
after the effective date, compensation for private sound and visual recording is 
deemed to have been paid for the specified machine pursuant to the provisions 
of Article 104 -4, paragraph (1) of the new Act. I f the private sound recording 
referred to in A rticle 104 -2, paragraph (1), item (i) of the new Act or the 
private visual recording referred to in item (ii) of that paragraph is done by 
means of a specified machine referred to in Article 104 -4, paragraph (1 ) of the 
new Act which is purchased after the effective date, on a specified recording 
medium referred to in that paragraph which i s purchased before the effective 137 date, the same applies with regard to the specified recording medium.  
 
Supplementary Provisi ons  [Act No. 89 of November 12, 1993]  [Extra ct] 
 
(Effective Date)  
Article 1  This Act comes into effect as of the date on which t he Administrative 
Procedure Act comes into effect (Act No. 88 of 1993).  
 
(Delegation to Cabinet Order)  
Article 15  Beyond wha t is prescribed between Article 2 to the prece ding Article 
of these Supplementary Provisions, necessary transitional measures conne cted 
with the coming into effect of this Act are provided for by Cabinet Order.  
 
Supplementary Provisions  [Act No. 112 of De cember 14, 1994]  
 
(Effective Date)  
(1) This Ac t comes into effect on the date fixed by Cabinet Order within one year 
of the day fol lowing that on which the Marrakesh Agreement Establishing the 
World Trade Organization comes into force with respect to Japan . 
 
(Application of Provisions That Concern Nei ghboring 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 th e following that is also set forth in Article 7, 
item (iv) of the Copyright Act as amended under the provisions of Article 1 
(hereinafter referred to as "the new Act") (other than a performance that also 
falls under a category set forth in item (i) to item  (iii) of that Article), and in 
the applicatio n of such provisions to a performance set forth in the following 
that is also s et forth in Article 7, item (v) of the new Act, the provisions of 
paragraph (3) of the Supplementary Provisions of the Act Partiall y Amending 
the Copyright Act (Act No. 64 of 19 86); paragraph (2) of the Supplementary 
Provisions of the Act Partially Amendin g the Copyright Act (Act No. 43 of 
1989; hereinafter referred to as "the Amending Act of 1989"); and paragraph (2) 
of the Supplemen tary 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 Organizatio n Member 
State;  
(ii) a performance fixed in on e of the following phonograms:  
(a) a phonogram whose producer is the national o f a World Trade 
Organization Member State (the nationals of a Member State include 138 corporations established based on the laws and r egulations of that State 
and corporations that  have principal offices in that State; the same applies 
hereinafter);  
(b) a pho nogram in which sounds are first fixed in a World Trade 
Organization Member State;  
(iii) a performance transmitted in one of the fo llowing broadcasts (excluding a 
performance wh ose sound or visuals are recorded before the transmission 
with the authorizatio n of the performer):  
(a) the broadcast of a broadcaster that is the national of a World Trade 
Organization Member State;  
(b) a broa dcast made from a broadcasting facility in a W orld 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 perfor mer involved in a performance set forth in one  of the items of the 
preceding paragraph, who is a foreign national without a h abitual 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 
neighbo ring rights (including the provisions of Article 97 -3, paragraphs (3) to 
(5)) to the following phonograms, the provisions of paragr aphs (2) and (3) of the 
Supplementary Provisio ns of the Amending Act of 1989, and paragraph (3) of 
the Supplementary Provisio ns of the Amending Act of 1991 do not apply:  
(i) a phonogram that is set forth in Article 8, item (iii) of the new Act, and that 
is also set forth in one 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 Ar ticle 8, item (v) of the Copyright Act that Ja pan 
is under the obligation to protect pursuant to the Convention for the 
Prote ction of Producers of Phonograms Against Unauthorized Duplication of 
Their Phonograms (referred to as "the Convention for the Prote ction of 
Phonograms" in paragraph (6) of these  Supplementary Provisions).  
(5) In the application of the provisions of the Cop yright Act that concern 
neighboring rights, to a broadcast set forth in the following that is also set 
forth in Article 9, item (ii i) 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 br oadcasting facility in a World Trade 139 Organizat ion 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 phono grams in a place outside 
the jurisdiction of the Copyright Act produces from th e 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 Conventi on for the Protection of Phonograms (the 
nationals of these Contracting States include corporations established based on 
the laws and regulations of these States and corporations that have principal 
offices in these States)), for which the day that marks t he passage of 20 years 
counting from the year following the year in which the s ounds are first fixed 
into the master is before the enforcement of the Act Partially Amending the 
Copyright Act (Act No. 87 of 1988 ), if that reproduction takes place after this  
Act comes into effect; nor do the provisions of the Article 121 -2 of the new A ct 
apply to the distribution of the copies of such a reproduced commercial 
phonogram as a commercial phonogram, or the possession o f 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 Ac t comes into effect 20 days after the date of its promulgation.  
 
Supplementary Provisions  [Act No. 117 of December 26, 1996]  [Extract]  
 
(Effective Date)  
(1) This Act comes into effect on the date fixed by Cabinet Order within three 
months after the date of its promulgation.  
 
(Transitional Measures f or the Term of Protection for Photographic Works)  
(2) Provisions of the po st-amendment Copyright Act that concern the term of 140 protection for a work (referred to as "the new Act" in the following paragraph) 
appl y to a photographic work for which a copyright  under the pre -amendment 
Copyright Act exists at the time this Act comes i nto effect; and prior laws 
continue to govern a photographic work for which the copyright under the pre -
amendment Copyright Act has expi red 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 unde r the new Act, the duration of copyright for such a photographic 
work is until the day on which the duration expires under the former Ac t. 
 
Supplementary Provisions  [Act No. 86 of J une 18, 1997]  
 
(Effective Date)  
(1) This Act comes into effect on January 1, 1998.  
 
(Transitional Measures for Works Put into a Form That Allows Them to Be 
Transmitted via Automatic Public Transmission)  
(2) The  provisions of Article 23, paragraph (1); Arti cle 92 -2, paragraph (1); and 
Article 96 -2 of the post -amendment Copyright Act (hereinafter referred to as 
"the new Act") do not apply if the person that has made available for 
transmission via automatic public transmission, a work, performance (limited 
to one set forth in Article 92, paragraph (2) item (ii) of the pre -amendment 
Copyright Act (hereinafter referred to as "the former Act")) or phonogram that 
has been put into a form that allows it to be transmitted  via automatic public 
transmission as of the t ime this Act comes into effect (if the person that makes 
a work, performan ce, or phonogram available for transmission and the person 
that, as of the time this Act comes into effect, has used the automatic publi c 
transmission server, as referred to in Artic le 2, paragraph (1), item (ix) -5 of the 
new Act in connection with the rel evant work, performance, or phonogram 
available for transmission, to put the relevant work, performance, or 
phonogram into a form that a llows it to be transmitted via automatic publi c 
transmission are different persons, this means the person that has put t he 
work, performance, or phonogram into a form that allows it to be transmitted 
via automatic public transmission), uses the relevant au tomatic public 
transmission server to make the  work, performance, or phonogram available 
for transmission.  
(3) The provi sions of Article 92, paragraph (1) of the former Act remain in force 
even after this Act comes into effect, with respect to a performanc e (other than 
one set forth in Article 92, par agraph (2), item (ii)) that has been put into a 141 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 applicabi lity of penal provisions to an action 
that a person undertakes before this Act comes into effect.  
 
Supplementary Provisions  [Act No. 101 of June 12, 1998]  [Extract]  
 
(Effective Date)  
Article 1  This Act comes  into 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 the 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 A ccompanying the Partial Amendment of the Copyright 
Act) 
Article 2  The provisions of Article 18, paragraph (3) of the Copyright Act as 
amended under the prov isions of Article 11 do not apply to a work no t yet made 
public (which includes a work made public without the consent of the author) 
that the author makes available, before this Act comes into effect, to an 
administrative organ or local public entity prov ided for in Article 2, paragraph 
(1) of the Ac t 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 a dd two items after Article 2, paragraph (1), i tem (xix); the 
provisions amending Article 30, paragr aph (1); the provisions amending Article 
113; the provisions amending Article 119; the provisions that add an Article 
after Article 120; the provisions amend ing Article 123, paragraph (1); the 
provisions  amending Article 5 -2 of the Supplementary Provisions  [Act No. 49 of 
1970]; and the provisions of paragraph (5) of the Supplementary Provisions 
[Act No. 77 of 1999] come into effect on October 1, 1999.  
 
(Transi tional Measures)  142 (2) The provisions of Article  26-2, paragraph (1); Article 95 -2, paragraph (1); an d 
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 so und 
or visual recording of a performance, or a  copy of a phonogram, any of which 
exists as of the t ime this Act comes into effect (but only one made without 
prejudice to the rights of the person who owns the right set forth in Article 21, 
Article 91, parag raph (1) or Article 96 of the Copyright Act; e xcluding copies 
made by the owner of print rights).  
(3) The provisions of Article 26 -2, paragraph (1) of the post -amendment 
Copyright Act do not apply to the distribution, by a person that holds a print 
right e stablished before this Act comes into effect a nd in existence at the time 
this Act comes into effec t, 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 distribution, aft er the expiration of a print 
right (limited to  one established before this Act comes into effect) b y 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 come s into effect, the phrases "Article 95 -3, paragraph ( 3)" and "Article 97 -
3, paragraph (3)" in Article 113, paragraph (4) of the post -amendment 
Copyright Act are deemed to be replaced with "Article 95 -2, paragra ph (3)" and 
"Article 97 -2, paragraph (3)", res pectively.  
(6) If the effective date of the Act to Ad just Related Acts to Coordinate with the 
Coming into Effect of the Act on Access to Information Held by Administrative 
Organs (Act No. 43 of 1999; hereinafte r referred to as "the adjustment Act" 
falls af ter the date on which this Act comes into effect, in Article 47 -3 of the 
post-amendment Copyright Act the phrase "Article 42, Article 42 -2" is deemed 
to be replaced with "Article 42" and the phrase "Article 42 or 42 -2" is deemed to 
be replaced with "or Art icle 42", until the day before the effective date of the 
adjustment Act.  
(7) Prior laws continue to govern the applicability of penal provisions to an action 
that a person undertakes before this Act comes into effect and to an action that 
a person undertak es after this Act comes into effect but that prior la ws 
continue to govern pursuant to the provisions of paragraph (4) of the 
Supplementary Provisions.  
 
Supplementary Provisions  [Act No. 160 of December 22, 19 99]  [Extract]  
 
(Effective Date)  
Article 1  Th is Act (except Articles 2 and 3) comes into effect on  January 6, 2001; 
provided, however, that the provisions set forth in each of the following items 143 come into effect as of the day specified in the relevant it em: 
 
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]  
 
(Effective Date)  
(1) This Act comes into effect on January 1, 2001; p rovided, however, that the 
provisions of Artic le 1 amending Article 58 of the Copyright Act and the 
provisions of Article 2 come into effect as o the day on which the WIPO 
Copyright Treaty comes into force with respect to Japan.  
 
(Transitional Measures for  the Approval of an Amount of Damage)  
(2) The provisions of Article 114 -4 of the Copyright Act a s amended under the 
provisions of Article 1 do not apply to a case for which oral arguments before 
the high court or district court that constitutes the court o f second instance 
have finished before this Ac t 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 ag ainst a 
summary court decision or a decision t hat 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 perso n undertakes before this Act comes into effect . 
 
Supplementary Provisions  [Act No. 131 of Novem ber 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.  
 144 Supplementary  Provisions  [Act No. 140 of December 5, 2001]  [Extract]  
 
(Effective Date)  
Article 1  This Act comes into effect on the date fixed by Cabinet Order within 
one year from the date of its promulgation.  
 
(Tran sitional Measures Accompanying the Partial Amendme nt 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 u nder the provisions 
of the preceding Article d o not apply to a work not yet made public (this 
includes a work made public without the consent of its author) which has been 
made available to an incorporated administrative agency, etc. by its author 
before t he provisions of the preceding Article come in to 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 accord ance with the categories set forth in those it ems:  
(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 am ending 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 t o Japan;  
(ii) the provisions amending the Tabl e 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 Ar ticle 100 -
5 and adding an Article after Article  100-3; and the provisions amending 
Article 103: January 1, 2003;  
(iii) provisions other than those referred to in the preceding two paragraphs: 
the day on which t he WPPT comes into force with respect to Japan  or 
January 1, 2003, whichever is earlier.  
 
(Application of Provisions That Concern Neighboring Rights)  
(2) In the application of the provisions of the post -amendment Copyright Act 
(referred to hereinafter as " the new Act") that concern neighboring rights 
(including the provisions of Article 95 and Article 95 -3, paragraphs (3) and (4)) 145 to a performance set forth in the following that is also set forth in Article 7, 
item (iv) of the new Act (excluding a performan ce that also falls under a 
category set forth in Article 7, items (i) to (iii)), and in th e 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 Ac t Partially Amending the Copyright Act 
(Act No. 64 of 1986); paragraph (2) of the Supplementary Provisions of the Act 
Partially Amending the Copyright Act (Act No. 43 of 1989; hereinafter referred 
to as "the Am ending Act of 1989"); and paragraph (2) of the  Supplementary 
Provisions of the Act Partial ly Amending the Copyright Act (Act No. 63 of 
1991; hereinafter referred to as "the Amending Act of 1991") do not apply:  
(i) a performance that takes place in a Contra cting Party to the WPPT;  
(ii) a performance fi xed 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 
corporation s 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 n ew Act that concern neighboring 
rights (includ ing 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 p erformance 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 9 7 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 Supplementa ry Provisions of the Amending Act of 1991 do n ot apply:  
(i) a phonogram set forth in the f ollowing 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 phono gram in which sounds were first fixed in a Con tracting 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 Phonogra ms Against Unauthorized Duplication of Their 146 Phonograms.  
 
(Transitional Measures for the M oral 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 s ound or visual 
recording that is made with the  authorization of the performer before this Act 
comes into effect; provided, however, that this does not apply if the indication 
of the name of the performer involved in that performance which is indicated 
for that performance is deleted or altered after t his Act comes into effect, if the 
name of th e performer is newly indicated for the performance after this Act 
comes into effect, or if the performance is altered after this Act comes into 
effect.  
 
(Transitional  Measures for the Secondary Use of Commercial Phonograms)  
(6) Notwithstanding the provisio ns of Article 95, paragraph (2) of the new Act, 
the application of the provisions of paragraph (1) of the new Act is governed by 
the provisions of paragraph (4) of th at Article, for a performer involved in a 
performance that is fixed in a phonogram whose p roducer is the national of a 
country that is a Contracting State of the International Convention for the 
Protection of Performers, Producers of Phonograms and Broadca sting 
Organizations (referred to as "the Conve ntion for the Protection of Performers, 
etc." in this and the following paragraph) as well as being a Contracting Party 
to the WPPT, and which is fixed in that phonogram before the day on which the 
Convention f or the Protection of Performers, etc. comes in to force with respect 
to Japan.  
(7) Notwiths tanding the provisions of Article 95, paragraph (2) of the new Act as 
applied mutatis mutandis pursuant to the provisions of Article 97, paragraph 
(2) of the new Act,  the application of the provisions of Article 97, paragraph (2) 
of the new Act is governed  by the provisions of Article 95, paragraph (4) of the 
new Act as applied mutatis mutandis pursuant to the provisions of Article 97, 
paragraph (2) of the new Act, for  the producer of a phonogram that is the 
natio nal of a country that is a Contracting State  of the Convention for the 
Protection of Performers, etc. as well as being a Contracting Party to the 
WPPT, and in whose phonogram sounds are first fixed before the d ay 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 unde r the pre -amendment Copyright 
Act exist at the time this Act comes into effect; and prior laws continue to 147 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 Admi nistrative Organs.  
 
(Delegation of Other Trans itional 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 Cabin et Order.  
 
Supplementary Provisions  [Act No. 85 of June 18, 2003]  
 
(Effective Date)  
Article 1  This Act comes into effect on January 1, 2004.  
 
(Transitional Measures for the Term of Protection for Cinematographic Works)  
Article 2  The provisions of Articl e 54, paragraph (1) of the post -amendment 
Copy right 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 p rior 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 (Ac t 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 cine matographic work that is created before the 
Copyright Act comes into effect and which pri or laws continue to govern 
pursuant to the provisions of Article 7 of the Supplementary Provisions of that 
Act is until the day on which the duration of copyright expi res under the 
former Copyright Act.  
 
(Transiti onal Measure for Penal Provisions)  
Article 4  Prior laws continue to govern the applicability of penal provisions to an 148 action that a person undertakes before this Act comes into effect.  
 
Supplementary Provisio ns  [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 Cabine t Order)  
Article 6  Beyond what is prescribed in these Supplementary Provisions, 
transitional measures that are necessary in connection with the coming into 
effect of this Act are provided for by Cabinet Order.  
 
Supplementary Provisions  [Act No. 84 of Jun e 9, 2004]  [Extract]  
 
(Effective Date)  
Articl e 1  This Act comes int o effect on the date fixed by Cabinet Order within 
one year from the date of its promulgation.  
 
Supplementary Provisions  [Act No. 92 of June 9, 2004]  [Extract]  
 
(Effective Date)  
Article  1  This Act comes into effect on January 1, 2 005. 
 
(Transitional Mea sures for the Importation of Commercial Phonograms)  
Article 2  The provisions of Article 113, paragraph (5) of the post -amendment 
Copyright Act do not apply to a commercial phonogram for foreign distribution 
provided for in that para graph 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-amendm ent 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 phr ase 
"day on which that phonogram is first publ ished in Japan" is deem ed to be 
replaced with "effective date of the Act Partially Amending the Copyright Act 
(Act No. 92 of 2004), if that commercial phonogram for domestic distribution 
has been published as o f the day on which it comes into effect", and the phrase 
"that has pa ssed beyond" is deemed to be replaced with "after it has passed 
beyond".  149  
(Transitional Measures for the Renting Out of Books)  
Article 4  The provisions of Article 4 -2 of the Supplementar y Provisions of the 
pre-amendment Copyright Ac t 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 
renti ng 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 e ffect on April 1, 2005.  
 
(Principles of Transi tional Measures)  
Article 2  Unless otherwise stipulated in these Supplementary Provisions, the 
provisions (except penal provisions) of the Courts Act, the Code of Civil 
Procedure, the Act on the Costs of Civil Proceedings, the Patent Act, the Utility 
Model  Act, the Design Act, the Trademarks Act, the Prevention of Unfair 
Competition Act, and the Copyright Act, as amended under this Act, also apply 
to things that take place before this Act comes into effect; prov ided, however, 
that this does not preclude val idity arising pursuant to the provisions of these 
Acts prior to their amendment  
 
(Transitional Measures Accompanying the Partial Amendment of the Patent 
Act) 
Article 3  The following provisions do not apply to a case for which litigation is 
completed befor e 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 come s 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 fi rst 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)  150 Article 1  This Act comes into effect on the da te fixed by Cabinet Order within six 
months from the date of its promulgation.  
 
Supplementary Provisions  [Act No. 75 of 2005]  [Extract]  
 
(Effective Date)  
Article 1  This Act comes into effect on the date fixe d by Cabinet Order within 
one year from the da te of its promulgation.  
 
(Delegation to Cabinet Order)  
Article 5  Beyond what is prescribed in Article 2 of these Supplementary 
Provisions, necessary transitional measures connected with the coming into 
effect of this Act are provided for by Cabinet Order.  
 
Supplementary Provisions  [Act No. 121 of December 22, 2006]  [Extract]  
 
(Effective Date)  
Article 1  This Act comes into effect on July 1, 2007; provided, however, that the 
provisions of Article 1 and Article  4 of the Supplementary Provisions come into 
effect 20 days after the date of promulgation of this Act.  
 
(Transitional Measures for Ownership of a Copyright to a Cinematographic 
Work Created for Broadcasting Purposes)  
Article 2  Prior laws continue to gove rn the ownership of a copyright to a 
cinematog raphic work as provided for in Article 29, paragraph (2) of the 
Copyright Act as amended under this Act (referred to as "the new Act" in the 
following Article) which has been created before this Act comes into effect.  
 
(Transitional Measures for the Cablec asting 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 th e Act Partially Amending the Copyright A ct 
(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"), th e provisions of the 
new Act that concern  neigh boring rights do not apply, nor do the provisions of 
Article 94 -2 of the new Act apply to the performance of a performer to whom, 
based on the provisions of paragraph (4) of the Supplementary Provisions of 
the Amendment Act of 1989, the provisions of  the n ew Act that concern 
neighboring rights do not apply.  
 151 (Transitional Measures for Penal Provisions)  
Article 4  Prior laws continue to govern the applicability of penal provisions to an 
action that a person under takes before this Act (or the provisions  stipu lated 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 withi n 
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 contin ue to govern the applicability of penal provis ions 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]  [Extract]  
 
(Effective Date)  
Article 1  This Act comes into effect on Jan uary 1 , 2010; provided, however, that 
the provisions amending Article 70, paragraph (2); Article 78; Article 88, 
paragraph (2); and Article 104; as well as the provisions of Article 6 of the 
Supplementary Provisions,  come into effect on the date fixed by C abinet  Order 
within two years from the date of the promulgation of this Act.  
 
(Transitional Measures for the Use of Sound Recordings for Persons with 
Visual Impairments)  
Article 2  Notwithstanding the provisions of A rticle 37, paragraph (3) and Article 
47-9 of t he Copyright Act as amended under this Act (hereinafter referred to as 
"the new Act") (including as these provisions are applied mutatis mutandis 
pursuant to Article 102, paragraph (1) of the new Act), prior la ws continue to 
govern the use of a sound  recor ding that has been made before this Act comes 
into effect based on the application of the provisions of Article 37, paragraph 
(3) of the Copyright Act prior to its amendment under this Act (hereinafter 
referred  to as "the former Act") (including as a pplied  mutatis mutandis 
pursuant to Article 102, paragraph (1) of the former Act) (excluding a sound 
recording connected to a work, performance, phonogram, broadcast, or 
cablecast that it is permissible to reproduce or transmit via automatic public 
transmi ssion (including one that it is permissible to make available for 
transmission) pursuant to the provisions of Article 37, paragraph (3) of the new 152 Act).  
 
(Transitional Measures for the Exploitation of a Work Based on  a Compulsory 
License)  
Article 3  The pr ovisio ns 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 licen se 
referred to in Article 67, paragraph (1) of  the new Act (including as applied 
mutatis mutandis pursuant to Article 103 of the new Act) on or after the day 
on which this Act comes into effect; and prior laws continue to govern with 
respect to a person th at files an application for the compulso ry lic ense 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 A ct do not apply to the act of 
offering to distribute a commercial phonogram after this Act comes into effect 
if, pursuant to the provisions of paragraph (5) of the Supplementary Provisions 
of the Act Partially Amending the Copyright Act (Act No. 63 o f 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 Copy right Convention (Act 
No. 112 of 1994), the pr ovisions 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 applicabilit y of penal provisions to an 
action that a pers on undertakes before this Act comes into effect.  
 
Supplementary Provisions  [Act No. 73 of July 10, 2009]  [Extract]  
 
(Effective Date)  
Article 1  This Act comes into effect on April 1, 2010.  
 
Supplementary Prov isions  [Act No. 65 of December 3, 2010]  [Ext ract]  
 
(Effective Date)  
Article 1  This Act comes into effect on the date fixed by Cabinet Order within 
nine months from the date of its promulgation (hereinafter referred to as "the 
effective date").  153  
Suppleme ntary Provisions  [Act No. 74 of Ju ne 24, 2011 ]  [Extract]  
 
(Effective Date)  
Article 1  This Act comes into effect 20 days after the date of its promulgation; 
provided, however, that the provisions set forth in each of the following items 
come into effect as of the day specified in the rele vant 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; referr ed to as the "Act Partially 
Amendin g Unfair Co mpetition 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 e ffect 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) tha t rename 
Article 42 -3 as Artic le 42 -4 and add a new 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 are deemed to be replaced 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 s pecified in the  relevant item:  
(i) the provisi ons 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 provisio ns 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 amending Article 4 7-9 (limited to  the part 154 replacing "or Article  46" with ", Article 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 Artic le 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 par t adding ", Art icle 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 provisi ons amending Ar ticle 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; the provisions ame nding 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 provision s of Article 18 , paragraph (3), items (i) to ( iii) of the 
Copyright Act as amended by this Act (hereinafter referred to as "the new Act") 
do not apply to a work not yet made public (this includes a work made public 
without the consent of the author) that t he author makes  available, before the 
provisio ns of item (ii) of the preceding Article come into effect, to an 
administrative organ (meaning an Administrative Organ as prescribed in 
Article 2, paragraph (1) of the Act on Access to Information Held by 
Admin istrative Organ s (Act No. 42 of 1999)), an inc orporated administrative 
agency, etc. (meaning an Incorporated Administrative Agency, etc. as 
prescribed in Article 2, paragraph (1) of the Act on Access to Information Held 
by Incorporated Administrative Agenc ies, etc. (Act No. 140 of 2001)), or a local 
government agency or local incorporated administrative agency (meaning a 
Local Incorporated Administrative Agency as prescribed in Article 2, 
paragraph (1) of the Act on Local Incorporated Administrative Agencie s (Act 
No. 118 of 2003); the same applies here inafter in this paragraph) and that is 
transferred to the National Archives of Japan, etc. (meaning the National 
Archives of Japan, etc. provided for in Article 2, paragraph (3) of the Public 
Records and Archiv es Management A ct (Act No. 66 of 2009; hereina fter 
referred to as the "Public Records Management Act" in this paragraph); the 
same applies in the following paragraph) pursuant to the provisions of Article 
8, paragraph (1) or Article 11, paragraph (4) of th e Public Record s Management 
Act or is transfer red to the local archives, etc. (meaning facilities provided for 
by public records management ordinance (meaning local government agency 155 ordinance prescribing the appropriate preservation and use of historical public 
records and archives (meaning historica l public records and archives provided 
for in Article 2, paragraph (6) of the Public Records Management Act; the same 
applies in this paragraph) held by that local government agency or by local 
incorporated adm inistrative age ncies; the same applies in this  paragraph) as 
facilities for the appropriate preservation and use of historical public records 
and archives; the same applies in the following paragraph) pursuant to public 
records management ordinance.  
(2) Th e provisions of  Article 18, paragraph (3), ite ms (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 precedi ng Article come into effect, to  the National 
Archives of Japan or the local archives, etc.  
 
Article 3  A work that has been recorded on a recording medium as of the 
effective date of this Act pursuant to the provisions of Article 31, paragra ph (2) 
of the C opyright Act prior to its amend ment by this Act and that is associated 
with a rare or out -of-print material (meaning a "rare or out -of-print material" 
as prescribed in Article 31, paragraph (1), item (3) of the new Act) may be 
transmitted vi a automatic pub lic transmission (this includes  making a work 
available for transmission) using a copy of that work, pursuant to the 
provisions of Article 31, paragraph (3) of the new Act.  
 
(Transitional Measures Concerning the Applicability of Penal Provis ions)  
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 c ome into effect ). 
 
(Delegation to Cabinet Orde r) 
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 Awaren ess of the Peop le) 
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 undertaking, for private use as provided in Article 30, 
para graph (1) of th e Copyright Act (including as a pplied mutatis mutandis 
pursuant to Article 102, paragraph (1) of the same Act), the specified infringing 
sound or visual recording of a fee -based work, etc. (meaning the specified 156 infringing sound or visual re cording of a fe e-based work, etc. as prescribe d in 
Article 119, paragraph (3), item (i) of the same Act; the same applies 
hereinafter in this paragraph), knowing that the relevant action constitutes 
the specified infringing sound or visual recording of a f ee-based work, etc. 
(hereinafter referred to a s 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 nation al government a nd local government agencies mu st 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 prevent ing specified a cts of infringement at 
every op portunity.  
(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 applie d mutatis mutan dis 
pursuant to Article 102, pa ragraph (1) of the Copyright Act)" and the phrase "a 
fee-based work, etc. as prescribed 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, broad cast, or cablecast (limited 
to one that is the subject of a copyright or neighboring rights) that is being 
made available or presented to the public for value (limited to one being made 
available or presented t o the public wi thout 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. as provided in Article  119, paragraph  (3), item 
(i) of the Copyright  Act to the public must endeavor to take measures to 
prevent specified acts of infringement.  
 
(Considerations to Operations)  
Article 9  In applying the provisions of Article 119, paragraph (3) of the 
Copyright Act (limited to the part concerned with item ( i)), due consideration 
must be given so as not to unreasonably restrict the collection of information 
using the internet and other acts undertaken using the internet.  
 
Supplementary Provisions  [Act No. 84 of N ovem ber 27, 2013]  [Extract]  
 157 (Effective Date)  
Article 1  This Act comes into effect on the date fixed by Cabinet Order within 
one year from the date of its promulgation; provided, however, that the 
provisions set forth in Article 64, Article 66 and Articl e 102 of these 
Supplementary Provisions come i nto 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 Ac t 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 under take s before this Act comes into effect, and t o 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 pr escribed 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 D ate) 
Article 1  This Act comes into effect on the date fixed by Cabinet Order within six 
months from the date of its promulgation; provided, however, that the 
provisions set forth in each of the following items  come into effect as of the day 
specified in t he relevant item:  
(i) [omitted]  
(ii) the provisions of Article 17 of these Supplementary Provisions: the date of 
promulgation of the Act Partially Amending the Pharmaceutical Affairs Act, 
etc. (Act No. 84 of 20 13) or the date of promulgation of this Act, w hichever 
comes later.  
 
Supplementary Provisions  [Act No. 35 of May 14, 2014]  [Extract]  158  
(Effective Date)  
Article 1  This Act comes into effect on January 1, 2015; provided, however, that 
the provisions amendi ng A rticle 7 and the provisions of the followi ng Article 
come into effect on the date on which the Beijing Treaty on Audiovisual 
Performances (referred to as the "Audiovisual Performances Treaty" in those 
Articles) takes effect in Japan.  
 
(Transitional Mea sures 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 ef fect.  
 
(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 P rovisions  [Act No. 69 of June 13, 2014]  [Ext ract]  
 
(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 th ese Supplementary Provisions, prior 
laws continue to govern an administrative appeal against a disposition or any 
other action or inaction by an administrative agency regarding  a disposition or 
other action of an administrative agency that has been underta ken before this 
Act comes into effect, as well as against the inaction of an administrative 
agency in connection with an application filed before this Act comes into effect.  
 
(Transitional Measures for Litigati on) 
Article 6  (1) Prior laws continue to gove rn 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 ad ministrative 
agency's determinatio n, decision, or other action on an administrat ive 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 ad ministrative agency's 
determination, decision,  or other action on another appeal, this includes a case 159 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 effec t). 
(2) Prior laws continue to govern an actio n for revocation that concerns a 
disposition or other action subject to an objection filed pursuant to the 
provisions of an Act prior to its amendment under the provisions of t his Act 
(including when prior laws  continue to govern the filing of an action pu rsuant 
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 determinati on has been made in response to a 
request for administrative review.  
(3) Prior laws continue to govern an action filed before this Act comes into effect 
seeking the revocation of an administrative agency's determination, d ecision, 
or other action on an adm inistrative appeal.  
 
(Transitional Measures fo r 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 underta kes 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 t o Cabinet Order)  
Article 10  Beyon d what is prescribed in Article 5 through the preceding Article 
of these Supplementary Provisions, necessary transitional measures (including 
transitional measures for offences) connected with the coming into effect of thi s 
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 co mes into effect on the date fixed by Cabinet O rder within 
one year and six months from the date of its promulgation.  
 
Supplementary Provisions  [Act No. 108 of December 16, 2016]  [Extract]  
 
(Effective Date ) 160 Article 1  This Act comes into effect on the dat e that the Trans -Pacific 
Partnership Agreement  takes effect in Japan (referred to as the "Effective 
Date" in item (iii)); provided, however, that the provisions set forth in each of 
the following items come  into effect as of the day specified in the releva nt item:  
(i) the provisions of Article 9 of th ese Supplementary Provisions: the date of 
promulgation;  
 
(Delegation to Cabinet Order)  
Article 9  (1) Beyond what is prescribed in these Supplementary Provision s, 
necessary transitional measures (including tran sitional measures for penal 
provisions) connec ted with the coming into effect of this Act are provided for by 
Cabinet Order.  
Act to Adjust Related Acts to Coordinate with the Coming into Effect of the Act 
Partially Amending the Civil Code [Act No. 45 of Ju ne 2, 2017] [Extract]  
 
(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 ar e 
provided for by Cabinet Order.  
 
Supplementary Pr ovisions  [Act No. 45 of June 2, 2017]  
 
This A ct 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 pr omulgation.  
 
Supplementary Provisions  [Act No. 30 of May 25, 2018]  
 
(Effective Date)  
Article 1  This Act comes into effect on January 1, 2019; provided, howeve r, that 
the provisions set forth in each of the fo llowing items come into effect as of the 
day s pecified 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 prov isions amending Article 35; 
the provisions amending Article 48, paragraph (1), item (iii) (limited to the 
part replacing the term "Article 35" with "Arti cle 35, paragraph (1)"); the 
provisions amending the firs t sentence of Article 86, paragraph (3) (limit ed 
to the part replacing the term "Article 35, paragraph (2)" with "Article 35, 161 paragraph (1)"); the provisions amending the second sentence of Article 8 6, 
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 referred to as "the new Act"), prior laws 
continue to govern the use of copies of works c reated based on the application 
of the provisions of Arti cle 30 -4 or Articles 47 -4 to 47 -9 of the Copyr ight Act 
prior to its amendment under this Act (hereinafter referred to as "the former 
Act"), copies of derivative works created in accordance with the p rovisions of 
Article 30, paragraph (1); Article 31, parag raph (1), item (i) or the second 
sentence of p aragraph (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 prov isions of Article 
43 of the former Act, and co pies of derivative works created in accordance with 
the provisions of Article 30 -3 or Article 47 -3, paragraph (1) of the former Act 
created before the da te this Act comes into effect (hereinafter referred to as  the 
"effective date"). In such a case, the te rm "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 (i ii) and paragraph (2), items (i) and (ii) of the former 
Act are deemed to be replaced with "conducted a  presentation to the public 
(including making it available for transmission; the same applies hereinafter 
in this Article)" and "conducted a presentation  to the public", respectively.  
(2) Notwithstanding the pr ovisions 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 be fore the 
effective date based on the application of the p rovisions 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 publ ic" in Article 102, paragraph (9), item (i) of the former  
Act and "presented to the public" in Article 102, paragraph (9), item (viii) of 
the former Act are deemed to be replaced with "conducted a presentation to the 
public (including making it available f or transmission; the same applies in 
item (viii))" and "c onducted a presentation to the public", respec tively.  
 
(Transitional Measures for the Exploitation of a Work Based on a Compulsory 
License)  
Article 3  The provisions of Articles 67 and 67 -2 of the ne w Act (including cases 162 where these provisions are applied  mutatis mutandis pursuant to Article 103 of 
the Copyright Act) apply to a person that files an application for a compulsory 
license as referred to in Article 67, paragraph (1) of the new Act (includ ing as 
applied mutatis mutandis pursuant to Article 103 o f 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, paragr aph (1) of the former Act (including as applied mutatis 
mutandis pursuant to Article 103 of the Copyrig ht 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, paragrap h (1) of 
the new Act, consultation under the p rovisions of Article 104 -13, paragraph (5) 
of the new Act, notification under the provisions of Article 104 -14, paragraph 
(1) of the new Act, consultatio n under the provisions of Article 104 -15, 
paragraph (2) o f the new Act, or the necessary procedure or o ther action in 
connection with the same may be undertaken in accordance with the provisions 
of Chapter V, Section 2 of the new Act prior to the date on w hich the provisions 
set forth in Article 1, item (ii) of these Supplementary Provisions come into 
effec t (hereinafter referred to as "item (ii) effective date").  
 
(Replacements until the Day Preceding the Item (ii) Effective Date)  
Article 5  To apply the p rovisions of Article 47 -6, paragraph (1), item (i) and 
Article 47 -7 of the new Act during the period be tween the effective date and 
the day preceding the item (ii) effective date, the phrase "Article 35, paragraph 
(1)" in Article 47 -6, paragraph (1), item (i) and "(Article 31, paragraph (1) or 
the second sentenc e 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  Prio r 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 S upplementary Provisions, 
before each provision comes into  effect).  
 
(Delegation to Cabinet Order)  
Artic le 7  Beyond as prescribed from Article 2 through the preceding Article of 
these Supplementary Provisions, necessary transitional measures connected 
with  the coming into effect of this Act are provided for by C abinet Order.  163  
(Provisions on Coordination)  
Article 8  If the effective date of the provisions set forth in Article 1, item (i) of 
these Supplementary Provisions falls before the effective date of th e Act to 
Adjust Related Acts to Coordinate with the Concl usion of the Trans -Pacific 
Partnership Agreeme nt (Act No. 108 of 2016; hereinafter referred to as the 
"adjustment Act"), 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 Provision s are deemed to be replaced with 
"Article 113, paragraph (4)".  
 
Article 9  (1) If the effective date falls before the effective date of the adjustment 
Act, the phrase "is deleted and the term 'exploit' in item (xxi) of the 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 pa ragraph, the term "exploit" in the 
provisions of Article 8 of the adjustment Act amending Article 2, pa ragraph (1) 
of the Copyright Act by replacing item (xxiii) with item (xxiv), item (xxii) with 
item (xxiii), item (xxi) with item (xxii), and adding an it em after item (xx), is 
deemed to be replaced with "execut e". 
 
Article 10  If the item (ii) effective da te falls before the effective date of the 
adjustment Act, the term "cablecast ([...] in the following item)" in the 
provisions of Article 2, paragraph (1), item (xx) of the Copyright Act is deemed 
to be replace d with "cablecast ([...] in the following item  and Article 104 -15, 
paragraph (1))" upon its application during the period between the item (ii) 
effective date and the effective date of th e adjustment Act.  
 
Supplementary Provisions  [Act No. 39 of June 1, 2 018]  [Extract]  
 
(Effective Date)  
Article 1  T his 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 bef ore this Act comes into effect.  
 
(Delegation t o Cabinet Order)  
Article 3  Beyond what is prescribed in the preceding Article, necessary 
transitional measures connected with the comi ng into effect of this Act are 
provided for by Cabinet Order.  164  
Supplementar y Provisions  [Act No. 70 of July 6, 2018]  [E xtract]  
 
(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 specif ied in the relevant item:  
(i) [omitted]  
(ii) t he provisions of Article 4 and Article 5 of these Supplementary Provisions: 
the date of promulgation of this Act or the date of promulg ation of the Act 
Partially Amending the Copyright Act (Act No. 30 of 2018),  whichever comes 
later.  
 
(Provisions on Coordi nation 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 Supplementar y 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, paragraph (1) of the 
Supplementary Prov isions 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 Agreeme nt and the Conclusion of 
the Comprehensive and Progressive Agreement for Tr ans-Pacific Partnership 
(Act No. 108 of 2016; hereinafter referred to as the 'adjustment Act')", 
respectively and the provisions of the preceding Article do not apply.  
(2) If the ef fective date falls on or after the effective date of the Amended 
Copyright Act, the phrases "the adjustment Act" and "bet ween [...] the 
adjustment Act" in Article 10 of the Supplementary Provisions of the Amended 
Copyright Act are deemed to be replaced wit h "the Act to Adjust Related Acts 
to Coordinate with the Coming into Effect  of the Trans -Pacific Partnership 
Agreement an d the Conclusion of the Comprehensive and Progressive 
Agreement for Trans -Pacific Partnership (Act No. 108 of 2016)" and "between 
[...] that Act", respectively, and the provisions of the preceding Article and t he 
preceding paragraph do not apply.  
(3) If th e effective date falls on or after the effective date of the provisions set 
forth in Article 1, item (ii) of the Supplementary Provisio ns of the Amended 
Copyright Act, the provisions of the preceding Article an d the preceding two 
paragraphs do not apply.  
 
Supplementary Provisions [Act No. 72 of July 13, 2018 ] [Extract]  165  
(Effective Date)  
Article 1  This Act comes into effect on the date fixed by Cabinet Order within 
one year from the date of its promulgation; provided, however, that the 
prov isions 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 Suppl ementary 
Provisions: the date of promulgation.  
 
(Transitional Measures Accompanying  the Partial Amen dment 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 a s 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 pledg e on 
any of these rights (hereinafter referred to as a "copyright, etc." in this Ar ticle) 
that is co nducted on or after the effective date, and prior laws continue to 
govern the transfer of a copyright, etc. that is conducted before the effective 
date.  
 
(Delegation to Cabinet Order)  
Article 31  Beyond as prescribed in these Supplementary  Provisions, nece ssary 
transitional measures connected with the coming into effect of this Act are 
provided for by Cabinet Order.  
 
Supplementary Provisions [Act No. 48 of June 12, 2020] [ Extract]  
 
(Effective Date)  
Article 1 This Act comes into effect on January 1, 2021; pr ovided, however, that 
the provisions set forth in each of the following items come into effect as of the 
day spec ified in the relevant item:  
(i) the provisions of Article  3 (limited to the provisions amending Article 20, 
item (i) of the Act on Special Prov isions for the Registration of Program 
Works ) and the following Article, and the provisions of Articles 3, 6, 7, 12 and 
13 of the Supplementary Provisions (Article 13 is limited to the part adding "; 
the same applies in paragraph (3)" following the phrase "including…" in the 
provisions amending Article 4, paragraph (1) of the Act on Prevention of 
Unauthorized Recordi ng of Films (Act No. 65 of 2007)) : the date of 
promulgati on; 166 (ii) the provisions of Article 1 and the provisions of Articles 4, 8, 11, and 13 o f 
the Supplementary Provisions (Article 13 excludes the provisions for 
amendment set forth in the preceding item) : October 1, 2020.  
 
(Raising the Awareness of the People)  
Article 2 (1) The national government and local government agencies must  
raise awaren ess regarding prevention of the  act of infring ing a copyright by 
undertaking , for private use (meaning the privat e use as provided in Article 
30, paragraph (1) of the Cop yright Act as amended under the provisions of 
Article 2 (hereinafter referred to as th e "Copyright Act amended under 
Article 2")), the specified infringing reproduction (meaning the specified 
infring ing reproduction as provided in item (iv) of the same par agraph; 
hereinafter the same applies in this paragraph), knowing that the relevant 
action constitutes the specified infringing reproduction  (hereinafter referred 
to as a "specified act of infringemen t"), and take other necessary measures , 
so that the peopl e are able to gain a deeper understanding of the importance 
of preventing specified ac ts of infringement . 
(2) The national government and local government agencies must enhance 
education regarding th e prevention of specified acts of infringement in 
schools  and in a variety of other settings, so that minors are able to gain a 
deeper understa nding of the importance of preventing specified acts of 
infringement at every opportunity.  
 
(Measures to Be Taken  by Relevant Enterprises)  
Article 3 An e nterprise that makes available  or present s a work (limited to one 
that is the subject of a copyright) to the public must endeavor to take 
measures to prevent specified act s of infringement.  
 
(Considerations to Operat ions Concerning Penal Provisions)  
Article 4 In applying  the provisions of Article 119, paragraph (2) (limited to the 
parts concerned with items  (iv) and (v)) and Article 120 -2 (limited to the part 
concerned with item (iii) ) of the Copyright Act as amended under the 
provisions of Article 1 (referred to as the "Co pyright Act amended under 
Article 1" in Article 8 of the Supplementary Provisions),  due consideration  
must  be given so as not to unreasonably restrict the provision  of information 
using the internet and other acts undertaken  using the internet.  
 
Article 5 In applying  the provisions of Article 119, paragraph (3) (limited to the 
part concerne d with item (ii)) of the Copyright Act amended under Article 2, 
due consideration  must  be given so as not to unre asonably restrict the 167 collection of  information using the  internet and other acts undertaken  using 
the internet.  
 
(Reviews)  
Article 6 Approxima tely one year after this Act comes into effect, the 
government is to review the provisions of Article 30, paragra ph (1) (limited to 
the part concerned with item (iv)) and  Article 119, paragraph (3) (limited to 
the part concerned with item (ii)) of the Copy right Act amended under Article 
2 in consideration of the status of their enforcement, and take necessary 
measure s based on the results of this review.  
 
Article 7 With re gard to the initiatives  to deal with the action of making a work 
available for transmi ssion that infringes a copyright, print right or 
neighboring rights, the government is to conduct a review from t he 
perspective of enhancing these initiatives, and take n ecessary measures 
based on the results of this review.  
 
(Transitional Measures for Per fection of Right of Exploitation)  
Article 8 The provisions of Article 63 -2 of the Copyright Act amended under 
Article 1 (including as applied mutatis mutandis pursuant to  Article 80, 
paragraph (4) and Article 103 of the Copyright Act amended under Article 1) 
also apply to the right to exploit  a work, etc. (meaning a work, performance, 
phonogram, broadcast, or cableca st; hereinafter the same applies in this 
Article) under the authorization referred to in  Article 63, paragraph (1) of the 
Copyright Act prior t o the amendment under the provisions of Article 1 
(hereinafter referred to as the "Copyright Act prior to amendme nt under 
Article 1") in this Article) (including the case  where Article 63, paragraph (1) 
of Copyright Act prior to amendment under Article 1  is applied mutatis 
mutandis pursuant to Article 103 of the same Act ) and the authorization 
referred to in Article 80, paragraph (3) of the same Act , as prescribed in 
Artic le 63, paragraph (2) of the Copyright Act prior to amendment  under 
Article 1 (includin g as applied mutatis mutandis pursuant to Article 80, 
paragraph (4) and Article 103 of the Copyright Act prior to  amendment  under 
Article 1), if the authorization  has bee n established before  the day preceding 
the day on which the provisions set forth in Ar ticle 1, item (ii) of the 
Supplementary Provisions come into effect (hereinafter referred to as the 
"effective da te under item (ii)") ; provided, however, that this right may be 
asserted only against a person that has acquired the copyright , print right or 
neighboring rights for a work that is subject to the right of exploitation  on or 
after the effective date under i tem (ii)  or any other third party.  
 168 (Transitional Measure s for Payment of Fees)  
Article 9 (1)  Notwithstanding the provisions of Article 70, par agraph (2) and 
Article 107, paragraph (2) of the Copyright Act amended under Article 2, 
prior laws continue to go vern the payment of fees regarding an application  
for a c ompulsory license under Article 67, paragraph (1) of the Copyright Act 
prior to the am endment by the provisions of Article 2 (hereinafter referred to 
as the "Copyright Act prior to amendment under Ar ticle 2" in this Article)  
(including as applied mutatis m utandis pursuant to Article 103 of the 
Copyright Act prior to amendment under Article 2), and an application for 
mediation under Article 106 of the Copyright Act prior to amendment under 
Article 2, which are filed, prior to the day on which this Act comes into effect 
(hereinafter referred to as the "effective date") , by an incorporated 
admi nistrative agency  (meaning the incorporated administrative agency as 
provided in Article 2, paragraph (1) of the Act on General Rules for 
Incorporated Administrative Agen cies (Act No. 103 of 1999 ) (limited to an 
incorporated administrative agency designate d by Cabinet Order under 
Article 70, paragraph (2) of the Copyright Act prior to amendment under 
Article 2) . 
(2) Notwithstanding the provisions of Article 78, paragraph ( 6) of the Copyright 
Act amended under Article 2 and Article 26 of the Act on Special P rovisions 
for the Registration of Program Works as amended under  the provisions of 
Article 3 (hereinafter referre d to as the " New Act on Special Provisions for 
the Regist ration of Program Works" in the following Article) , prior laws 
continue to govern the payment of fess regarding an application for 
registration under Article 75, paragraph (1), Article 76, paragraph (1), 
Article 76 -2, paragraph (1), and Article 77 of the C opyright Act prior to 
amendment under Article 2, and a request under Article 78, parag raph (4) of 
the Copyright Act prior to amendment under Article 2 (including as applied 
mutatis mutandis pursuant to Article 104 of the Copyright Act prior to 
amendment un der Article 2), which are filed prior to the effective date by the 
national government  or an incorporated administrative agency (limited to an 
incorporated administrative agency designated  by Cabinet  Order under 
Article 26 of the Act on Special Provisions for the Registration of Program 
Works prior to the amendment by the provisions of Arti cle 3) . 
 
(Transitional Measures for Penal Provisions)  
Article 11  Prior laws continue to govern the applicability o f penal provisions to 
an action that a person undertakes before the effective date under item (ii).  
 
(Delegation to Cabinet Order)  169 Article 12 Beyond what is prescribed in Article 8 through the preceding Article 
of these Supplementary Provisions, necessary transitional measures 
(including transitional measures fo r penal provisions) connected with the 
coming into effect of this Act are provided fo r by Cabinet Order.  
 
Supplementary Provisions [Act No. 37 of May 19, 2021] [Extract]  
 
(Effective Date)  
Article 1 This Act comes into effe ct on September 1, 2021; provided, however, 
that the provisions set forth in each of the following items come into effe ct as of 
the day specified in the relevant item:  
(i) the provisions of Article 27 (limited to the amendment provisions from 
appended tables 1  to 5 of the Residential Basic Book Act) and the provisions of 
Articles 45, 47 and 55 (limited to the amendment pro visions of appended tables 
1 and 2 of the Act on the Use of Numbers to Identify a Specific Individual in 
Administrative Procedures (other than the am endment provisions of paragraph 
(27) of that table)) and t he provisions of Article 8, paragraph (1), Articl es 59 to 
63, 67 and 71 to 73 of these Supplementary Provisions : the date of 
promulgation;  
(ii) and (iii) [omitted]  
(iv) the provisions of Articles 17,  35, 44, 50, 58, and the following Article, and the 
provis ions of Articles 3, 5, 6, 7 (except paragraph ( 3)), 13, 14, 18 (limited to the 
amendment provisions of Article 129 of the Family Register Act (other than the 
part adding “the original and” following the  phrase “in a Family Register”)) , 19 
to 21, 23, 24, 27, 29  (other than the amendment provisions of Ar ticle 30 -15, 
paragraph (3) of the Residential Basic Book Act) , 30, 31, 33 to 35, 40, 42, 44 to 
46, 48 , 50 to 52, 53 (other than the amendment provi sions of Article 45 -2, 
paragraphs (1),  (5), (6) and (9) , and the Article 52 -3 of the Act on the Use of 
Number s to Identify a Specific Individual in Administrative Procedures) , 55 
(other than the amendment provisions of Article 35 of the Act on Promotion of 
Cancer Registry  (Act No. 111 of 2013) (limited to the part deleting “including 
ordinances”)), 56, 58, 64, 65,  68 and 69: the date fixed by Cabin et Order within 
one year fr om the date of its promulgation.  
 
(Transitional Measures for  Penal Provisions)  
Article 71 Prior laws continue to go vern  the applicability of penal provisions to 
an action that a person undertake s before this Act  (as for the provisions  of the 
items of Article 1 of these Supplementary Provisions ; hereinafter the same 
applies in this Article ) comes into effect  and to an action that a person 
undertakes after t his Act comes into effect but that prior laws continue to 
govern pursuant to the provisions of  the Supplementary . 170  
(Delegation to Cabinet Order)  
Article 72 Beyond what is prescribed in these Supplementary Provisions, 
necessary transitional measures (including transiti onal measures for penal 
provi sions) connected with the coming into effect of this Act are provided for by 
Cabinet Order.  
 
Supplementary Provisions [Act No. 52 of June  2, 202 1] 
 
 
(Effective Date)  
Article 1 This A ct comes into effect on January  1, 202 2; provided, however, that 
the provi sions 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 of these Supplementary Provisions: the date of 
promulgation ; 
(ii) the provisions of Article s 3 and 4 of the Supple mentary Provisions: October 1, 
2021; 
(iii) the provisions of Article 1 amen ding Article  3, paragrap h (1)  of the Copyright 
Act; the provisi ons amending Article 4, paragraph (1) of that Act ; the 
provisions  amending Article 31 of that Act ; the provision s amen ding Article 38, 
paragraph (1) of that Act ; the provisions  amending Article 47 -6, paragraph (1) , 
item (ii)  of that Act ; the provisions  amending Article 47 -7 of that Act ; the 
provisions  amending Article 49, paragraph (1) , item (i)  (limited to  the part 
repla cing the term “or the second sentence of para graph (3)” with “, paragraph 
(3), item(i)  or paragraph (5) item (i)” ) of that Act ; the provisions  amending 
Article 49,  paragraph (2) , item (i)  of that Act; the provisions  amending Article 
86 of tha t Act;  the provisions  amending Article 102, paragraph ( 9), item (i)  
(limited to the part replacing the term “or the second se ntence of paragraph 
(3)” with “, paragraph (3), item(i) or paragraph (5) item (i)” ) of that Act and the 
provisions of Article 5 of the Supplement ary Provisions : the date fixed by 
Cabinet Order within  one year f rom the date of its promulgation ; 
(iv) the provisions of Article 2: the date fixed by Cabinet Order within two years 
from the date of its promulgation . 
 
(Transitional Measures)  
Article 2  The provisions of Article 29,  paragraphs (2) and (3) of the Copyright Act 
as amended by the provisions of the Article 1  (other than the amending 
provisions  set forth in the item (iii) of the preceding Article ) (hereinafter 
referred to as the "Copyright Act ame nded under Article 1") apply to the 
ownership of copyright to a cinematographic work creat ed on or after the day 171 on which this Act comes into effect  (hereina fter referred to as the "effective 
date" ); and prior laws continue to govern  the o wnership of copyr ight to a 
cinematographic work which has been create d before the effective date . 
 
(Preparat ory Actions for determining autom atic public transm ission  not to make  
the subject of the simultaneous broadcast distribution ) 
Article 3 The Commissio ner of the Agenc y for Cultural Affairs may consult with 
the Minister for Internal Affairs and Communicati ons for determining 
automatic public transmission  that would unreasonably prejudice the interests 
of the copyright owner, the owner of print rights or the owner of nei ghboring 
rights or one that cannot be easily viewed or listened to widely by citizens , 
provided for in Article 2, paragraph  (1), item  (ix)-7 of the Copyright Act 
amended under Article 1  even before the date of its enforcement . 
 
(Prepara tory Actions for designation  of the copyright management service 
provider ) 
Article 4 (1) The Commissioner of the Agency for Cultural Affairs may  designate 
the copyrigh t management ser vice provider  (meaning  the copyright 
management service provider  provided in Article 2, parag raph  (1), item ( xxiii ) 
of the Copyright Act amended under Article 1 ; the same applies hereinafter in 
this Article ) in accordance with the provisions of  Article 93 -3, paragraph (3) , 
Article94 , paragraph (1), Article 94 -3 paragraph ( 3) or  Article 96 -3, parag raph  
(3) of the Copyright Act amended under Article 1  and the provisions of Article 
93-3, paragraph (4) of the Copyright Act amended under Article 1  (including as  
applied mutatis mutandis pursuant to the pro visions of Article s 94, paragraph 
(4), Article 94 -3, paragraph (4) , and Article 96 -3, paragraph (4)) even before the 
date of its enforcement . In this case,  such  designation is, respectively , deemed 
to be  the desi gnation under the  provisions of Article 93 -3, paragraph (3) , 
Article 94, paragraph (1) , Artic le 94-3, paragraph (3) or Article 96 -3, paragraph 
(3) after the effective date . 
(2) The designated copyright management s ervice provider  pursuant to the 
provisions of the preceding paragraph  may fix the amount of remuneration  or 
compensation  provided for i n Ar ticle 93 -3, paragraph (7) of the Copyright Act 
amended under Article 1 , in consultation with  broadcaster s, cablecasters  or 
simul taneous broadcast distribution service provider s (meaning the 
simultaneous broadcast distribution service provider  provided in Article 2, 
paragraph (1), item (ix)-8 of the Copyright Act amended under Article 1 ; the 
same applies hereinaft er in Article  8, paragr aph (1) of the Supplementary 
Provisions .) in accordance with the provisions of  Article 93 -3, paragraph (7) 
and (12)  of the Copyright Act amended under Article 1  (including as these 
provisions are applied mutatis mutandis pursuant to the provisions of Article  172 94, paragraph (4), Article 94 -3, paragraph (4) and Article 96 -3, paragraph (4)  ; 
the same applies hereinafter in this  paragraph) even before the date of its 
enforcement . 
 
(Preparat ory Actions for designation of the  association ) 
Article 5 (1) The Commissio ner of the Agency for Cultural Affairs may  designate 
the association in accordance with the provisions of  Article 104 -10-2, 
paragraph (1) and Article 104 -10-3 of the Copyright Act as amended by the 
provisions of the Article 2 (hereinafter referred to as th e "Copyright Act 
amende d under Article 2" in this Article and  Article 8, paragraph (2) of  the 
Supplementary Provisions ) prior to the date on which the provisions set forth 
in Article 1, item (iv) of the Supplementary Provisions come into effect 
(hereinafte r referred to as "item  (iv) effective date") . In this case, such 
designation is  deemed to be the designation under the  provisi ons of Article 
104-10-2, paragraph ( 1) after the item (iv) effective date.  
(2) The designated association under the provisions of the preceding paragraph 
may hear the opinions of that paragraph and file an application for the 
approval  of Article 10 4-10-4, paragraph (1) in accordance w ith the provisions of 
Article 104 -10-4, paragraph (1) and (3) of  the Copyright Act amended under 
Article 2 before the item (iv) effective date . 
(3) Upon receipt of an application for  the approval  of the provisions of  the 
preced ing paragraph , the Commissioner of the Agency for Cultural Af fairs may  
consult the Culture Council  and grant the approval in accord ance with  the 
provisions of Article 104 -10-4, paragraph (4) and (5) of the Copyright Act 
amended under Article 2 befo re the item (iv) effective date . In this case, the 
approval  deemed to be  the approval under the provisions of Article 104 -10-4, 
paragraph ( 1) after the  item (iv)  effective date . 
(4) The designated assoc iation under the provisions of paragraph (1) may 
estab lish rul es on the execution of functions connected with compensation  of 
Article 104 -10-5, paragraph (1)  and notify the Commissioner of the Age ncy for 
Cultural Affairs thereof  in accordance with  the prov isions of Article 104 -10-5 of 
the Copyright Act amende d under Article 2 before the item (iv) effective date . 
In this case, the notification deemed to be  the notification  under the provisions 
of the preceding paragraph after the  item (iv)  effecti ve date . 
(5) The Commissioner of the Agency for Cultural Affairs may cons ult the Culture 
Council  for planning the enactment of Cabinet Order  referred to in Article 104 -
10-6, para graph (1) of the Copyright Act amended un der Article 2 before the 
item (iv) effective date . 
 
(Transitional Measures for Penal Provisions ) 
Artic le 6 Pri or laws continue to govern the applicability of penal prov isions to an 173 action that a person undertakes before this Act  (as for  the provisions of Article 
1, item (iii)  and (iv) of these Supplementary Provisions ) comes into effect . 
 
(Delegation to Ca binet Or der) 
Article 7 Beyond as prescribed from  Article 2 through  the preceding Article of 
these Supplemen tary Provisions, necessary transitional measures (inc luding 
transitional measures for penal provisions ) connected  with the coming into 
effect of this  Act are  provided for by Cabinet Order.  
 
(Reviews)  
Article 8  (1) Approximately three  year s after this Act comes into effect, the 
government is to review  what initiatives should be implemented  for the fair 
exploitation  of the work, performance, or phonogram  for simulta neous 
broadcast distri bution  and maintenance of the proper interests of the copyright 
owner  and owner of neighboring rights  in consideratio n of the status of 
implementation of simultaneous broadcast distribution  (meaning the 
simultaneous broadc ast distribu tion provided for i n Article 2, paragraph 
(1),item (ix)-7 of the Copyright Ac t amended under Article 1 ; hereinafter the 
same applies in  this paragraph ) undertaken by a broadcaster, cablecaster  or 
simultaneous broadcast distribution service pro vider in the  course of trade , the 
status of  payment of the remuneration and the compensation to the copyright 
owner and other  status of  the Copyrigh t Act amended under Article 1, and take 
necessary measures based on the results of this review.  
(2) In view of the fact that it is important to reflect  expenses required for 
compensation for public transmission by libraries or similar faciliti es by a 
person that establishes a specified library or similar facility provided for in  
Article 31, paragraph (3) of the Copyright Ac t amended under Article 2 
(meaning the compensation for public transmission by libraries or similar 
facilities  provided for in Article 104 -10-2, paragraph (1)  of the Copyright Act 
amended under Article 2 ; hereinafter the same applies in this p aragraph  ) in 
costs of the user of the specified library or similar facility  provided for in  
Article 31, paragraph ( 2) of the Copyright Act amended  under Article 2, the 
government  must endeavor to obtain public understanding and cooperation by 
making publi c the purpor t and content of  the purport and program of 
compensation for public transmission by libraries or similar  facilities  through 
publicity a ctivities to contribute to smooth and proper shifting of expense s.