WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/JPN/C/5 
18 March 2008 
 (08-1223) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
  
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
 
JAPAN 
   The present document reproduces the updated text
1 of the Copyright Law (Law No. 48 
of  6 May 1970, as last amended by Law No. 92 of 9 June 2004), as notified by Japan under 
Article 63.2 of the Agreement (see document IP/N/1/JPN/7). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
JAPON 
 
  Le présent document contient le texte actualisé
1 de la Loi sur le droit d'auteur (Loi n° 48 du 
6 mai 1970, modifiée en dernier lieu par la Loi n° 92  du 9 juin 2004), qui a été notifiée par le Japon au 
titre de l'article 63:2 de l'Accord (voir le document IP/N/1/JPN/7). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
JAPÓN 
   En el presente documento se reproduce el texto actualizado
 1 de la Ley del Derecho de Autor 
(Ley Nº 48, de 6 de mayo de 1970, modificada la ú ltima vez por la Ley Nº 92, de 9 de junio de 2004), 
que el Japón ha notificado en virtud del párrafo 2 del artículo 63 del Acuerdo (véase el documento 
IP/N/1/JPN/7). 
                                                      
 1 In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le 
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas 
podrán consultar en la Secretaría de la OMC el texto en su idioma original. 
 IP/N/1/JPN/C/5 
Page 2  
 
1.  COPYRIGHT LAW  
 (As amended by : Law No.49, of May 18, 1978,  
 
 Law No.45, of May 19, 1981,    
 Law No.78, of December 2, 1983,  
 
 Law No.23, of May 1, 1984,  
  Law No.46, of May 25, 1984,  
 
 Law No.62, of June 14, 1985,   
 Law No.64, of May 23, 1986,  
  Law No.65, of May 23, 1986,  
 
 Law No.87, of November 1, 1988,   
 Law No.43, of June 28, 1989,  
  Law No.63, of May 2, 1991,  
 
 Law No.106, of December 16, 1992,  
 
 Law No.89, of November 12, 1993,   
 Law No.112, of December 14, 1994,   
  Law No.91, of May 12, 1995,   
 
 Law No.117, of December 26, 1996,   
 Law No.86, of June 18, 1997,  
  Law No.101, of June 12, 1998,  
 
 Law No.43, of May 14, 1999,   
 Law No.77, of June 15, 1999,  
  Law No.160, of December 22, 1999,  
 
 Law No.220, of December 22, 1999,   
 
 Law No.56, of May 8, 2000,   
 Law No. 72, of June 19, 2002,  
  Law No. 85, of June 18, 2003, and  
 
 Law No. 92, of June 9, 2004) [ENTRY INTO FORCE: January 1, 2005]  IP/N/1/JPN/C/5 
 Page 3 
 
 
1.  COPYRIGHT LAW 
 
Chapter I 
General Provisions 
 
Section 1 
General Rules 
 
(Purpose) 
 Article 1.  The purpose of this Law is, by providing for the rights of authors and the rights neighboring 
thereon with respect to works as well as perform ances, phonograms, broadcasts and wire diffusions, 
to secure the protection of the rights of authors, etc ., having regard to a just and fair exploitation of 
these cultural products, and thereby to contribute to the development of culture.  
(Definitions) 
 
Article 2.  (1) In this Law, the following terms sha ll have the meaning hereby assigned to them 
respectively:  
  (i) "work" means a production in which thoughts or  sentiments are expressed  in a creative way and 
which falls within the literary, scientific, artistic or musical domain;  
 (ii) "author" means a person who creates a work;  
 
(iii) "performance" means the acting on stage, da ncing, musical playing, singing, delivering, 
declaiming or performing in other ways of a wo rk, and includes similar acts not involving the 
performance of a work which have the nature of public entertainment;  
 (iv) "performers" means actors, dancers, musician s, singers and other pers ons who give a performance 
as well as those who conduct or direct a performance;  
 
(v) "phonograms" means fixations of sounds on phonographic discs, recording-tapes and other 
material forms, excluding those intende d for use exclusively with images;  
 
(vi) "producers of phonograms" means those who fi rst fix the sounds contained in phonograms;  
 (vii) "commercial phonograms" means copies of phonograms made for commercial purposes;  
 
(viibis) "public transmission" means the transmission of radio communication or wire-telecommunication intended for direct reception by the public, excluding the transmission (other than 
that of program works) by wire-telecommunication in stallations one part of which is located on the 
same premises where the other part is located or, if  the premises are occupied by two or more persons, 
both parts of which are located within th e area therein occupied by one person;  
 
(viii) "broadcasting" means the public transmission of radio communication intended for simultaneous 
reception by the public of the transmission having the same contents;  
 
(ix) "broadcasting organizations" means those who engage in the broadcasting business;  
 
(ixbis) "wire diffusion" means the public transmission of wire-telecommunication intended for simultaneous reception by the public of the transmission having the same contents;  
 IP/N/1/JPN/C/5 
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(ixter) "wire diffusion organizations" means those who engage in wire diffusion service;   (ixquater) "interactive transmission" means the public transmission made automatically in response to 
a request from the public, excluding the public transmi ssion falling within the term "broadcasting" or 
"wire-diffusion";   
(ixquinquies) "making transmittable" means the pu tting in such a state that the interactive 
transmission can be made by either of the follo wing acts:  (a)to record information on public 
transmission memory of an interactive transmissi on server already connected with telecommunication 
networks for the use by the public ("interactive transmission server" means a device which, when 
connected with telecommunication networks for th e use by the public, has a function of making the 
interactive transmission of information which is eith er recorded on such a part of its memory as used 
for the interactive transmission (hereinafter in this  item referred to as "public transmission memory" 
or inputted to such device; the same shall apply he reinafter), to add a memory recording information 
as a public transmission memory of such an interac tive transmission server, to convert such a memory 
recording information into a public transmission memo ry of such an interactive transmission server, 
or to input information to such an interac tive transmission server; (b) to connect with 
telecommunication networks for the use by the pub lic an interactive transmission server which 
records information on its public transmission memory or which inputs information to itself. In this 
case, where a connection is made through a series of acts such as wiring, starting of an interactive 
transmission server or putting into operation of programs for transmission or reception, the last 
occurring one of these acts shall be consid ered to constitute the connection.  
  
(x) "makers of cinematographic wo rks" means those who take the in itiative in, and the responsibility 
for, the making of a cinematographic work;  
 
(xbis) "program" means an expression of combined instructions given to a computer so as to make it function and obtain a certain result;  
 
(xter) "databases" means an aggregate of informati on such as articles, numericals or diagrams, which 
is systematically constructed so that such informa tion can be searched for with the aid of a computer;  
 
(xi) "derivative work" means a wo rk created by translating, arrangi ng musically, transforming, or 
dramatizing, cinematizing or otherwise adapting a pre-existing work;  
 
(xii) "joint work" means a work created by two or  more persons in which the contribution of each 
person cannot be separately exploited;  
 
(xiii) "sound recording" means the fixation of so unds on some material forms and the multiplication 
of such fixation;  
 
(xiv) "visual recording" means the fixation of a sequence of images on some material forms and the 
multiplication of such fixation;  
 
(xv) "reproduction" means the reproduction in a tangible form by means of printing, photography, 
polygraphy, sound or visual recording or otherwise; and  (a) in the case of dramas and other similar 
dramatic works, it includes sound and visual recordi ng of the actings, broadcasts or wire diffusions of 
these works; and (b) in the case of architectural work s, it includes the construction of an architectural 
work according to its plan;  
  (xvi) "acting" means the performance of works by  means other than musical playing ("musical 
playing" includes singing; the same shall apply hereinafter);  
  IP/N/1/JPN/C/5 
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(xvii) "presentation" means the projection of a work  (other than that tran smitted publicly) on the 
screen or other material forms, and includes such  an intangible reproduction of sounds fixed in a 
cinematographic work as made in company with its projection;  
 
(xviii)"recitation"means the oral communication by m eans of reading or otherwise, not falling within 
the term "performance";  
 
(xix) "distribution" means the transfer of owners hip and lending of copies of a work to the public, 
whether with or without payment, and in the case  of a cinematographic work or a work reproduced 
therein, it includes the transfer of ownership and lending of copies of such work for the purpose of making a cinematographic work available to the public;  
 
(xx) "technological protection measures" means meas ures to prevent or deter such acts as constitute 
infringements on moral rights of authors or copyright mentioned in Article 17, paragraph (1) or moral 
rights of performers mentioned in Articles 89, pa ragraph (1) or neighboring rights mentioned in 
Article 89, paragraph (6) (hereinafter in this item re ferred to as "copyright, etc.") ("deter" means to 
deter such acts as constitute infringements on copyri ght, etc. by causing considerable obstruction to 
the results of such acts; the same shall apply in Ar ticle 30, paragraph (1), item (ii)) by electronic or 
magnetic means or by other means not perceivable by human perception (in next item referred to as 
"electro-magnetic means"), excluding such measures as used not at the will of the owner of copyright, 
etc., which adopt systems of recording in a memo ry or transmitting such signals as having specific 
effects on machines used for the exploitation of wo rks, performances, phonograms, broadcasts or wire 
diffusions (in next item referred to as "works, etc.") ("exploitation" includes acts which would 
constitute infringements on moral rights of authors of  performers if done without the consent of the 
author or the performer), together with work s, performances, phonograms, or sounds or images of 
broadcasts or wire diffusions.  
 (xxi) "rights management information" means information concerning moral rights or copyright 
mentioned in Article 17, paragraph (1) or rights mentioned in Article 89, paragraphs (1) to (4) 
(hereinafter in this item referred to as "copyright, et c.") which falls within any of the following (a), (b) 
and (c) and which is recorded in a memory or transmitted by electromagnetic means together with 
works, performances, phonograms, or sounds or im ages of broadcasts or wire diffusions, excluding 
such information as not used for knowing how work s, etc. are exploited, for conducting business 
relating to the authorization to exploit works, etc.  and for other management of copyright, etc. by 
computer:  (a) information which specifies works, et c., owners of copyright, etc. and other matters 
specified by Cabinet Order; (b) information relati ng to manners and conditions of the exploitation in 
case where the exploitation of works, etc. is aut horized; (c) information which enables to specify 
matters mentioned in (a) or (b) above in  comparison with other information.  
  (xxii) "this country" means the jurisdiction within which this Law is effective.  
 
(xxiii) "outside this country" means outside the ju risdiction within which this Law is effective.  
 
(2) As used in this Law, "artistic work" includes a work of artistic craftsmanship.  
 
(3) As used in this Law, "cinematographic work " includes a work expressed by a process producing 
visual or audio-visual effects analogous to those of cinematography and fixed in some material form.  
 
(4) As used in this Law, "photographic work" includes a work expressed by a process analogous to 
photography.   
(5) As used in this Law, "the public" in cludes a large number of specific persons.  
 IP/N/1/JPN/C/5 
Page 6  
 
(6) As used in this Law, "legal person" incl udes non-juridical associations or foundations having 
representatives or administrators.   
(7) In this Law, "performance" and "recitation" in clude the performance or recitation of a work by 
means of sound or visual recordings, not falli ng within the term "public transmission" or 
"presentation" and the communication by means of telecommunication installations of performances 
or recitations of works, not falling w ithin the term "public transmission".  
 
(8) In this Law, "lending" includes any kind of si milar acts of making acquire an authority to use, 
whatever may be their purpose or means.   
(9) In this Law, the meanings assigned to the term s defined in paragraph (1), items (viibis), (viii), 
(ixbis), (ixquater), (ixquinquies) and (xiii) to (xix) and the preceding two paragraphs shall also apply 
to their variant forms, as the case may be.  
 
(Publishing of works) 
 Article 3. (1) A work has been "published" when copi es of the work have been reproduced and 
distributed by a person who has the right mentioned in Article 21 or with the authorization of such 
person ("authorization" means the authorization to exploit a work under the provision of Article 63, 
paragraph (1); the same shall apply hereinafter in  this and next Chapters, except Article 4bis and 
Article 63) or by a person in favour of whom the ri ght of publication mentioned in Article 79 has been 
established, in such sufficient quantities as satisfy the reasonable requirements of the public, having 
regard to the nature of the work (without prej udice to the right of a person who has the right 
mentioned in Article 26 or Article 26bis,  paragraph (1) or Article 26ter).  
 
(2) A work shall be considered as having been "pub lished" when copies of its translation have been 
reproduced and distributed, in such quantities as provi ded for in the preceding paragraph, by a person 
who has the same right as that mentioned in Article 21 in accordance with the provisions of Article 28 
or with the authorization of such person (without prejudice to the right of a person who has the same 
right as that mentioned in Article 26, Article 26bis,  paragraph (1) or Article 26ter in accordance with 
the provision of Article 28).  
 (3) A person who would have the right mentioned in any of the preceding two paragraphs if this work 
were protected under this Law or a person who obta ined the authorization to exploit the work from 
such person shall be considered to be a person who has such right or a person who obtained the 
authorization from such person, and the provisions of these paragraphs shall apply with respect to 
those persons.  
 
(Making public of works) 
 
Article 4.  (1) A work has been "made pub lic" when it has been publishe d, or when it has been made 
available to the public, by a person who has the righ ts mentioned in Articles 22 to 25 or with the 
authorization of such person, by means of perfo rmance, presentation, public transmission, recitation 
or exhibition. In the case of architectural works, a work also has been "mad e public" when it has been 
constructed by a person who has the right mentioned in Article 21 or with the authorization of such 
person.   
(2) A work shall be considered as having been "made public" when it has been put, by a person 
having the rights mentioned in Article 23, paragraph(1)  or with the authorization of such person, in 
such a state that it can be made transmittable.  
 
(3) A work shall be considered as having been "m ade public" when its translation has been made 
available to the public, by a person who has the same  rights as those mentioned in Articles 22 to 24 in  IP/N/1/JPN/C/5 
 Page 7 
 
 
accordance with the provision of Article 28 or with the authorization of such person, by means of performance, public transmission or recitation, or wh en such translation has been made transmittable 
by a person who has the same rights as those ment ioned in Article 23, paragraph(1) in accordance 
with the provision of Article 28 or with  the authorization of such person.  
 (4) An artistic work or a photographic work shall be considered as having been "made public" when it 
has been exhibited, by such a person as mentioned in Article 45, paragraph (1), in such a manner as 
provided for in that paragraph.  
 
(5) A person who would have the rights mentioned in pa ragraphs (1) to (3) of this Article if his work 
were protected under this Law or a person who obta ined the authorization to exploit the work from 
such person shall be considered to be a person who has such rights or a person who obtained the 
authorization from such person, and the provisions of these paragraphs shall apply with respect to 
those persons.  
 
(Publishing of phonograms) 
 Article 4bis.  A phonogram has been "published" when copies of the phonogram have been 
reproduced and distributed by a person who has th e right mentioned in Article 96 or with the 
authorization of such person ("authorization" means the authorization to exploit a phonogram under 
the provision of Article 63, paragraph (1) which shal l apply mutatis mutandis in Article 103; the same 
shall apply in Chapter IV, Sections 2 and 3), in  such sufficient quantities as satisfy the reasonable 
requirements of the public, having regard to the nature of the phonogram (without prejudice to the 
right of a person who has the right mentioned in  Article 97bis, paragraph (1) or Article 97ter, 
paragraph (1)).   
 
(Priority of international treaty) 
 Article 5.  If an international treaty provides otherwise w ith respect to the rights of authors and the 
rights neighboring thereon, the pr ovisions thereof shall prevail. 
 
 
Section 2  
Scope of Application 
 
(Works) 
 Article 6.  The following shall be granted protection under this Law:  
  (i) works of Japanese nationals ("Japanese nationa ls" includes legal persons established under the 
Japanese law and those who have their principal offices in this country; the same shall apply 
hereinafter);    
(ii) works first published in this country, includi ng those first published outside this country and 
published in this country within thirty days of that first publication;  
 
(iii) works not falling within those mentioned in the preceding two items, to which Japan has the 
obligation to grant protection under an international treaty.  
 
(Performances) 
 Article 7.  The following shall be granted protection under this Law:  
  (i) performances which take place in this country;  IP/N/1/JPN/C/5 
Page 8  
 
 (ii) performances fixed in the phonograms mentioned in item (i) or (ii) of the next Article;  
 
(iii) performances transmitted through the broadcasts men tioned in Article 9, item (i) or (ii), excluding 
those incorporated in sound  or visual recordings before the transmission with the authorization of the 
performers concerned;  
 
(iv) performances transmitted through the wire diffusions mentioned in each item of Article 9bis, 
excluding those incorporated in sound or visual recordings before the transmission with the 
authorization of the performers concerned;   
(v) any of the following performances not falling with in those mentioned in the preceding four items:  
(a) performances which take place in a Contracting State of the International Convention for the 
Protection of Performers, Producers of Phonogram s and Broadcasting Organizations (hereinafter 
referred to as "the Convention for the Protection of  Performers, etc."); (b) performances fixed in the 
phonograms mentioned in item (iii) of the next Article; (c) performances transmitted through the 
broadcasts mentioned in Article 9, item (iii), excluding those incorporated in sound or visual 
recordings before the transmission with the authorization of the performers concerned;  
  (vi) any of the following performances not falling with in those mentioned in the preceding five items:  
(a) performances which take place in a Contracti ng Party to the WIPO Performances and Phonograms 
Treaty (hereinafter referred to as "the WPPT");  (b) performances fixed in the phonograms mentioned 
in item (iv) of the next Article;  
  
(vii) any of the following performances not falling w ithin those mentioned in the preceding six items:  
(a) performances which take place in a member of the World Trade Organization; (b) performances 
fixed in the phonograms mentioned in item (v) of  the next Article; (c) performances transmitted 
through the broadcasts mentioned in Article 9, ite m (iv), excluding those incorporated in sound or 
visual recordings before the transmission with the authorization of the performers concerned.  
  
(Phonograms) 
 
Article 8.  The following shall be granted protection under this Law:  
 
 (i) phonograms the producers of which are Japanese nationals;  
 (ii) phonograms composed of the sounds wh ich were first fixed in this country;  
 
(iii) any of the following phonograms not falling within  those mentioned in the preceding two items:  
(a) phonograms the producers of which are nationals of any of the Contracting States of the 
Convention for the Protection of Performers, etc. ("nationals" includes lega l persons established under 
the law of such State and those who have their prin cipal offices in such State; the same shall apply 
hereinafter.); (b) phonograms composed of the sounds which were first fixed in any of the Contracting 
States of the Convention for the Protection of Performers, etc.;  
  
(iv) any of the following phonograms not falling with in those mentioned in the preceding three items:  
(a) phonograms the producers of which are nationals of any of the Contracting Parties to the WPPT ("nationals" includes legal persons established under the law of such Contracting Party and those who 
have their principal offices in such Contracting Party; the same shall apply hereinafter);  (b) 
phonograms composed of the sounds which were first fixed in any of the Contracting Parties to the 
WPPT;   
  
(v) any of the following phonograms not falling within those mentioned in the preceding four items:  
(a) phonograms the producers of which are nationals of any of the members of the World Trade  IP/N/1/JPN/C/5 
 Page 9 
 
 
Organization ("nationals" includes legal persons est ablished under the law of such member and those 
who have their principal offices in such member; the same shall apply hereinafter.);  (b) phonograms 
composed of the sounds which were first fixe d in any of the members of the World Trade 
Organization;   
  (vi) phonograms not falling within those mentioned in the preceding five items, to which Japan has 
the obligation to grant protection under the Conven tion for the Protection of Producers of Phonograms 
Against Unauthorized Duplication of Their Phonogr ams (in Article 121bis, item (ii), referred to as 
"the Phonograms Convention").  
 
(Broadcasts) 
 
Article 9.  The following shall be granted protection under this Law:  
 
 (i) broadcasts transmitted by broadcasti ng organizations of Japanese nationality;  
 (ii) broadcasts transmitted from transmitters situated in this country;  
 
(iii) any of the following broadcasts not falling with in those mentioned in the preceding two items:  
(a) broadcasts transmitted by broad casting organizations who are nationa ls of any of the Contracting 
States of the Convention for the Protection of Pe rformers, etc.; (b) broadcasts transmitted from 
transmitters situated in any of the Contracting States of the Convention for the Protection of Performers, etc.;  
  
(iv) any of the following broadcasts not falling with in those mentioned in the preceding three items:  
(a) broadcasts transmitted by broa dcasting organizations who are nati onals of any of the members of 
the World Trade Organization; (b) broadcasts tran smitted from transmitters situated in any of the 
members of the World Trade Organization.  
 
(Wire diffusions) 
 Article 9bis.  The following shall be granted protection under this Law:  
  (i) wire diffusions transmitted by wire diffusion organizations of Japanese nationality (excluding 
those made upon receiving broadcasts; the sa me shall apply in the next item);   
 (ii) wire diffusions transmitted from wire transmitters situated in this country.  
 
Chapter II  
Rights of Authors 
 
Section 1  
Works 
 
(Classification of works) 
 
Article 10.  (1) As used in this Law, "works" sh all include, in particular, the following: 
  
 (i) novels, dramas, articles, lectures and other literary works;  
 (ii) musical works;  
 
(iii) choreographic works and pantomimes;   IP/N/1/JPN/C/5 
Page 10  
 
(iv) paintings, engravings, sculptures and other artistic works;   (v) architectural works;  
 
(vi) maps as well as figurative works of a scientific  nature such as plans, charts, and models;  
 
(vii) cinematographic works;  
 
(viii) photographic works;  
 (ix) program works.  
 
(2) News of the day and miscellaneous facts having the character of mere items of information shall not fall within a term "works" mentioned in item (i) of the preceding paragraph.  
 
(3) The protection granted by this Law to works ment ioned in paragraph (1), item (ix) shall not extend 
to any programming language, rule or algorithm used  for making such works. In this case, the 
following terms shall have the meaning here by assigned to them respectively:   
  (i) "programming language" means letters and other symbols as well as their systems for use as 
means of expressing a program;   
 (ii) "rule" means a special rule on how to u se in a particular program a programming language 
mentioned in the preceding item;   
 
(iii) "algorithm" means methods of combining, in a program, instructions given to a computer.   
 
(Derivative works) 
 
Article 11.  The protection granted by this Law to derivative works shall not prejudice the rights of 
authors of pre-existing works. 
 
(Compilations) 
 Article 12.  (1) Compilations (not falling within th e term "databases"; the same shall apply 
hereinafter) which, by reason of the selection or a rrangement of their contents, constitute intellectual 
creations shall be protected as independent works. 
  
(2) The provision of the preceding paragraph shall not prejudice the rights of authors of works which form part of compilations de fined in that paragraph.  
 
(Database works) 
 Article 12bis.  (1) Databases which, by reason of the selection or systematic construction of 
information contained therein, constitute intellect ual creations shall be protected as independent 
works. 
  (2) The provision of the preceding paragraph shall not prejudice the rights of authors of works which 
form part of databases defi ned in that paragraph.  
 
(Works not protected) 
 
Article 13.  The following shall not form the subject matter of  the rights provided for in this Chapter:   
  IP/N/1/JPN/C/5 
 Page 11 
 
 
 (i) the Constitution and other laws and regulations;    (ii) notifications, instructions, circular notices and th e like issued by organs of the State or local public 
entities, independent administrative organs ("i ndependent administrative organs" means those 
mentioned in Article 2, paragraph (1) of the La w for General Rules for Independent Administrative 
Organs (Law No.103, of 1999); the same shall appl y hereinafter) or local independent administrative 
organs ("local independent administrative organs" me ans those mentioned in Article 2, paragraph (1) 
of the Law for Local Independent Administrative Orga ns (Law No.118, of 2003); the same shall apply 
hereinafter);  
 (iii) judgments, decisions, orders and decrees of la w courts, as well as rulings and decisions made by 
administrative organs in proceedings similar to judicial ones;   
 (iv) translations and compilations, of those materi als mentioned in the preceding three items, made by 
organs of the State or local public entities, inde pendent administrative organs or local independent 
administrative organs.   
Section 2 
Authors 
 
(Presumption of authorship) 
 
Article 14.  A person, whose name or appellation (hereina fter referred to as "true name"), or whose 
generally known pen name, abbreviation or other subs titute for his true name (hereinafter referred to 
as "pseudonym") is indicated as the name of the aut hor in the customary manner on the original of his 
work or when his work is offered to or made av ailable to the public, shall be presumed to be the 
author of that work.  
(Authorship of a work made by an employee in the course of his duties) 
 
Article 15.  (1) The authorship of a work (except a pr ogram work) which, on the initiative of a legal 
person or other employer (hereinafter in this Article referred to as "legal person, etc."), is made by his 
employee in the course of his duties and is made pub lic under the name of such legal person, etc. as 
the author shall be attributed to that legal person,  etc., unless otherwise stipulated in a contract, work 
regulation or the like in force at th e time of the making of the work. 
  (2) The authorship of a program work which, on the initiative of a legal person, etc. is made by his 
employee in the course of his duties, shall be attr ibuted to that legal person, etc., unless otherwise 
stipulated in a contract, work regulation or the like  in force at the time of the making of the work.  
 
(Authorship of a cinematographic work) 
 
Article 16.  The authorship of a cinematographic work shall be attributed to those who, by taking 
charge of producing, directing, filming, art directi on, etc., have contributed to the creation of that 
work as a whole, excluding authors of novels, scenario s, music or other works adapted or reproduced 
in that work; provided, however, that the provi sion of the preceding Article is not applicable.  
 IP/N/1/JPN/C/5 
Page 12  
 
Section 3 
Contents of the Rights 
 
Subsection 1 
General Rules 
 
(Rights of authors) 
 Article 17.  (1) The author shall enjoy the rights mentioned in paragraph (1) of the next Article, 
Article 19, paragraph (1) and Artic le 20, paragraph (1)(hereinafter referred to as "moral rights of 
authors") as well as the rights mentioned in Articles 21 to  28 (hereinafter referred to as "copyright").   
 
(2) The enjoyment of moral rights of authors and co pyright shall not be subject to any formality.  
 
Subsection 2 
Moral Rights of Authors 
 
(Right of making the work public) 
 
Article 18.  (1) The author shall have the rights to offer to  and to make available to the public his work 
which has not yet been made public (including a work which has been made public without his 
consent; the same shall apply in this Article). The author shall have the same right with respect to 
works derived from his work which has not yet been made public.   
 
(2) In the following cases, the author shall be presu med to have consented to the following acts:   
 
 (i) where copyright in his work which has not yet been made public has been transferred: the offering 
to and the making available to the public of the work by exercising the copyright therein;   
 
(ii) where the original of his artistic or photograp hic work which has not yet been made public has 
been transferred: the making available to the pub lic of the work by exhibiting its original;   
 
(iii) where the ownership of copyright in his cinematographic work belongs to the maker in 
accordance with the provision of Ar ticle 29: the offering to and the making available to the public of 
the work by exercising the copyright therein.  
 (3) In the following cases, the author shall be consid ered to have consented to the following acts:   
 
 (i) where his work which has not yet been made public has been offered to government organizations 
("government organizations" means those provided in  Article 2, paragraph (1) of the Law for the 
Disclosure of Information Possessed by Government Organizations (Law No.42, of 1999; hereinafter 
referred to as "the Government Organizations Information Disclosure Law")), (except in the case 
where any declaration of the intention of the author  to the contrary has been made by the time when 
the disclosure is decided in accordance with the provisions of Article 9,  paragraph (1) of the 
Government Organizations Information Disclosure La w): the offering to and the making available to 
the public of the work by the head of a government  organization in accordance with the provisions of 
the Government Organizations Information Disclosure Law;    
(ii) where his work which has not yet been made public has been offered to independent 
administrative organs, etc. ("independent admini strative organs, etc." means those provided in 
Article 2, paragraph (1) of the Law for the Discl osure of Information Pr ocessed by Independent 
Administrative Organs, etc. (Law No.140, of 200 1; hereinafter referred to as "the Independent 
Administrative Organs, etc. Information Disclosure Law")), (except in the case where any declaration 
of the intention of the author to the contrary has b een made by the time when the disclosure is decided  IP/N/1/JPN/C/5 
 Page 13 
 
 
in accordance with the provisions of Article 9, paragraph (1) of the Independent Administrative 
Organs, etc. Information Disclosure Law): the offeri ng to and the making available to the public of 
the work by an independent administrative, etc. in accordance with the provi sions of the Independent 
Administrative Organs, etc. Information Disclosure Law;  
 (iii) where his work which has not yet been made public has been offered to local public entities or 
local independent administrative organs (except in the case where any declaration of the intention of 
the author to the contrary has been made by the tim e when the disclosure is decided) : the offering to 
and the making available to the public of the work by an organ of a local public entity or a local 
independent administrative organ concerned in a ccordance with the provisions of the Information 
Disclosure Regulations ("the Information Disclosur e Regulations" means the regulations of a local 
public entity or a local independent administrative organ concerned which provide for the right of 
residents, etc. to request the disclosure of inform ation possessed by such entity or organ; the same 
shall apply hereinafter).  
 
(4) The provisions of paragraph (1) shall not apply in any of the following cases:  
 
 (i) where a work, which has not yet been made  public and in which information mentioned in 
Article 5, item (i) (b) or (c) or the proviso to Ar ticle 5, item (ii) of the Government Organizations 
Information Disclosure Law is recorded, is offered to or made available to the public by the head of a 
government organization in accordance with the provi sions of that Article, or where a work, which 
has not yet been made public, is offered to or made available to the public by the head of a 
government organization in accordance with the provisions of Article 7 of the Government 
Organizations Information Disclosure Law;  
 
(ii) where a work, which has not yet been made  public and in which information mentioned in 
Article 5, item (i) (b) or (c) or the proviso to Ar ticle 5, item (ii) of the Independent Administrative 
Organs, etc. Information Disclosure Law is recorded, is  offered to or made available to the public by 
an independent administrative organ, etc. in accord ance with the provisions of that Article, or where a 
work which has not yet been made public, is offere d to or made available to the public by an 
independent administrative organ, etc. in accordance with the provisions of Article 7 of the 
independent Administrative Organs, etc. Information Disclosure Law;  
 (iii) where a work which has not yet been made pub lic (and in which informa tion equivalent to that 
mentioned in Article 5, item (i) (b) or the provi so to Article 5, item (ii) of the Government 
Organizations Information Disclosure Law is recorded ) is offered to or made available to the public 
by an organ of a local public entity or a local i ndependent administrative organ in accordance with the 
provisions of the Information Disclosure Regulations (which have provisions equivalent to Article 13, 
paragraphs (2) and (3) of the Government Organizat ions Information Disclosure Law; the same shall 
apply in item (v));  
 
(iv) where a work which has not yet been made pub lic (and in which information equivalent to that 
mentioned in Article 5, item (i) (c) of the Govern ment Organizations Information Disclosure Law is 
recorded) is offered to or made available to the publ ic by an organ of a local public entity or a local 
independent administrative organ in accordance w ith provisions of the Information Disclosure 
Regulations;  
 (v) where a work which has not yet been made public is offered to or made available to the public by 
an organ of a local public entity or a local independe nt administrative organ in accordance with such 
provisions of the Information Disclosure Regulations  as equivalent to those of Article 7 of the 
Government Organizations In formation Disclosure Law.  
 IP/N/1/JPN/C/5 
Page 14  
 
(Right of determining the indication of the author's name) 
 
Article 19.  (1) The author shall have the right to determine whether his true name or pseudonym 
should be indicated or not, as the name of the author, on the original of his work or when his work is 
offered to or made available to the public. The auth or shall have the same right with respect to the 
indication of his name when works derived form hi s work are offered to or made available to the 
public.  
 
(2) In the absence of any declarati on of the intention of the author to the contrary, a person exploiting 
his work may indicate the name of the author in the same manner as that already adopted by the 
author.  
 
(3) It shall be permissible to omit the name of the author where it is found that there is no risk of 
damage to the interests of the author in his clai m to authorship in the light of the purpose and the 
manner of exploiting his work and in so far as such  omission is compatible with fair practice.  
 (4) The provisions of paragraph (1) shall not apply in any of the following cases:  
 
 (i) where the name of the author is indicated in the same manner as that already adopted by the author 
when his work is offered to or made available to the public by the head of a government organization, 
by an independent administrative organ, etc. or by an organ of a local public entity or a local 
independent administrative organ in accordance with the provisions of the Government Organizations 
Information Disclosure Law, the Independent Admi nistrative Organs, etc. Information Disclosure 
Law or the Information Disclosure Regulations;  
 
(ii) where the name of the author is to be omitted wh en his work is offered to or made available to the 
public by the head of a government organization, by an independent administrative organ, etc. or by 
an organ of a local public entity or a local indepe ndent administrative organ in accordance with the 
provisions of Article 6, paragraph (2) of the Gove rnment Organizations Information Disclosure Law, 
the provisions of Article 6, paragraph (2) of the Independent Administrative Organs, etc. Information 
Disclosure Law or the provisions equivalent to the former of the Information Disclosure Regulations.  
 
(Right of preserving the integrity) 
 Article 20.  (1) The author shall have the right to preserve  the integrity of his work and its title against 
any distortion, mutilation or other modification against his will.   
(2) The provision of the preceding paragraph sh all not apply to the fo llowing modifications:  
  (i) change of ideographs or words or other modifications deemed unavoidable for the purpose of 
school education in the case of the exploitation of  works under the provis ions of Article 33, 
paragraph (1) (including the case where its appli cation mutatis mutandis is provided for under the 
provision of paragraph (4) of the same Article),  Article 33bis, paragra ph (1) and Article 34, 
paragraph (1);   
 
(ii) modification of an architectural work by means of  extension, rebuilding, repairing, or remodeling;  
 (iii) modification which is necessary for enabling to  use on a particular computer a program work 
which is otherwise unusable on that computer, or to  make more effective the use of a program work 
on a computer;   
(iv) other modifications not falling within those mentioned in the preceding three items, which are 
deemed unavoidable in the light of the nature of  a work as well as the purpose and the manner of 
exploiting it.   IP/N/1/JPN/C/5 
 Page 15 
 
 
 
Subsection 3 
Rights Comprised in Copyright 
 
(Right of reproduction) 
 Article 21.  The author shall have the excl usive right to reproduce his work. 
 
(Right of performance) 
 
Article 22.  The author shall have the exclusive right to  perform his work publicly ("publicly" means 
for the purpose of making a work seen or heard directly by the public; the same shall apply 
hereinafter).  
(Right of presentation) 
 
Article 22bis.  The author shall have the exclusive right to present his work publicly.  
 
(Rights of public transmission, etc.) 
 Article 23.  (1)The author shall have the exclusive right to make the public transmission of his work 
(including the making transmittable of his work  in the case of the interactive transmission). 
  
(2)The author shall have the exclusive right to communicate publicly, by means of a receiving 
apparatus, his work of which the pu blic transmission has been made.  
 
(Right of recitation) 
 Article 24.  The author of a literary work shall have the exclusive right to recite publicly his work. 
 
(Right of exhibition) 
 
Article 25.  The author of an artistic work or of an unpublished photographic work shall have the 
exclusive right to exhibit publicly the original of his work. 
 
(Rights of distribution) 
 Article 26.  (1) The author of a cinematographic work shall have the exclusive rights to distribute 
copies of his work.   
(2) The author of a work reproduced in a cinemat ographic work shall have the exclusive right to 
distribute copies of his work.   
(Right of transfer of ownership) 
 Article 26bis.  (1) The author shall have the exclus ive right to offer his work (except a 
cinematographic work; the same shall apply hereinafte r in this Article) to the public by transfer of 
ownership of the original or copies of the work (e xcluding copies of a cinematographic work in the 
case of a work reproduced in the cinematographic work; the same shall appl y hereinafter in this 
Article).   
(2) The provision of the preceding paragraph shall not apply in the case of the transfer of ownership 
of such original or copies of a work as falling within any of the following items.   IP/N/1/JPN/C/5 
Page 16  
 
 (i) the original or copies of a work the ownership of which has been transferred to the public by a 
person who has the right mentioned in the precedi ng paragraph or with the authorization of such 
person;  
 
(ii) copies of a work the ownership of which has be en transferred to the public under the authority of a 
compulsory license under the provisions of Article 67, paragraph (1) or Article 69s or with a license 
under the provisions of Article 5, paragraph (1) of  the Law concerning the Exceptional Provisions to 
the Copyright Law required in consequence of  the Enforcement of the Universal Copyright 
Convention (Law No.86, of 1956);  
 (iii) the original or copies of a work the ownership of which has been transferred to a small number of 
specific persons by a person who has the right me ntioned in the preceding paragraph or with the 
authorization of such person;   
(iv) the original or copies of a work the ownership of which has been transferred, outside this country, 
without prejudice to the right equivalent to that mentioned in the preceding paragraph or by a person 
who has the right equivalent to that mentioned in that paragraph or with the authorization of such 
person.  
 
(Right of lending) 
 
Article 26ter.  The author shall have the exclusive right to offer his work (except a cinematographic 
work) to the public by lending copies of the work (excluding copies of a cinematographic work in the 
case of a work reproduced in the cinematographic work). 
 
(Rights of translation, adaptation, etc.) 
 
Article 27.  The author shall have the exclusive rights to translate, arrange musically or transform, or 
dramatize, cinematize, or otherwise adapt his work. 
 
(Right of the original author in the exploitation of a derivative work) 
 
Article 28.  In the exploitation of a derivative work, the au thor of the pre-existing work shall have the 
same rights as those the author of the derivative work has under the provisions of this Subsection. 
 
 
Subsection 4 
Ownership of Copyright in Cinematographic Works 
 
(Ownership of copyright in cinematographic works) 
 
Article 29.  (1) Copyright in a cinematographic work, to which the provisions of Article 15, 
paragraph (1), the next paragraph and paragraph (3) of this Article are not applicable, shall belong to 
the maker of that work, provided that the authors of  the work have undertaken to participate in the 
making thereof.  
 
(2) In the case of a cinematographic work, which is made by a broadcasting or ganization alone for use 
exclusively for broadcasting purposes and to which th e provision of Article 15, paragraph (1) is not 
applicable, the following rights comp rised in the copyright therein shall belong to that organization as 
the maker of cinematographic works:   
 (i) rights to broadcast that work, and to diffuse by wire and communicate publicly by means of a 
receiving apparatus the work thus broadcast;    IP/N/1/JPN/C/5 
 Page 17 
 
 
 (ii) rights to reproduce that work, and to distribute its copies thus reproduced among other 
broadcasting organizations.   
(3) In the case of a cinematographic work, which is  made by a wire diffusion organization alone for 
use exclusively for wire diffusion pu rposes and to which the provision of Article 15, paragraph (1) is 
not applicable, the following rights comprised in  the copyright therein shall belong to that 
organization as the maker of cinematographic works:  
 
 (i) rights to diffuse by wire that work, and to communicate publicly by means of a receiving 
apparatus the work thus diffused by wire;    
 (ii) rights to reproduce that work, and to dist ribute its copies thus reproduced among other wire 
diffusion organizations.   
Subsection 5 
Limitations on Copyright 
 
(Reproduction for private use) 
 
Article 30.  (1) It shall be permissible for a user to reproduce by himself a work forming the subject 
matter of copyright (hereinafter in this Subsec tion referred to as a "work") for the purpose of his 
personal use, family use or other similar uses within a limited circle (hereinafter referred to as "private 
use"), except in the case:  
 
 (i)where such reproduction is made by mean s of automatic reproducing machines ("automatic 
reproducing machine" means a machine having reproduc ing functions and in which all or main parts 
of reproducing devices are automatic) placed for the use by the public;   
 (ii) where such reproduction is made by a person who knows that such reproduction becomes 
possible by the circumvention of technological protection measures or it ceases to cause obstruction, by such circumvention, to the results of acts de terred by such measures ("circumvention" means to 
enable to do acts prevented by technological protection measures or to stop causing obstruction to the 
results of acts deterred by such measures, by remova l or alteration of signals used for such measures; 
the same shall apply in Article 120bis, items (i) a nd (ii)) ("removal" or "alteration" does not include 
such removal or alteration as is conditional upon t echnology involved in the conversion of recording 
or transmission systems).   
(2) Any person who, for the purpose of private use, makes sound or visual recording on such a digital 
recording medium as specified by Cabinet Order by  means of such a digital recording machine as 
specified by Cabinet Order (excluding a machines ha ving special efficiency generally not for private 
use but for business use, such as that for broadc asting, and b machines having sound or visual 
recording functions incidental to the primary functions, such as telephones with sound recording 
function) shall pay a reasonable amount of comp ensation to the copyright owners concerned. 
 
(Reproduction in libraries, etc.) 
 
Article 31.  It shall be permissible to reproduce a work  included in library materials ("library 
materials" in this Article means books, documents  and other materials held in the collection of 
libraries, etc.) within the scope of the non-profit-maki ng activities of libraries, etc. ("libraries, etc." in 
this Article means libraries and other establishm ents, designated by Cabinet Order, having the 
purpose, among others, to offer library materials for the use by the public) in the following cases: 
  
 IP/N/1/JPN/C/5 
Page 18  
 
 (i) where, at the request of a user and for the purpose of his own investigation or research, he is 
furnished with a single copy of a part of a work al ready made public or of all of an individual work 
reproduced in a periodical already published for a considerable period of time;  
 
(ii) where the reproduction is necessary for the purpose of preserving library materials;   
(iii) where other libraries, etc. are furnished with a copy of library materials which are rarely available 
through normal trade channel because the materials are out of print or for other similar reasons.  
 
(Quotations) 
 Article 32.  (1) It shall be permissible to make quota tions from a work already made public, provided 
that their making is compatible with fair practice and their extent does not exceed that justified by 
purposes such as news reporting, criticism or research.  
 
(2) It shall also be permissible for the press or other periodicals to reproduce informatory, 
investigatory or statistical data, re ports and other works of similar character which have been prepared 
by organs of the State or local public entities or independent administrative organs for the purpose of 
public information and which have been made public under their authorship, provided that the 
reproduction thereof is not expressly prohibited.  
 
(Reproduction in school textbooks, etc.) 
 Article 33.  (1) It shall be permissible to reproduce in school textbooks ("school textbooks" means 
textbooks authorized by the Minister of Education and Science or those compiled under the 
authorship of the Ministry of Education and Science to be used for the education of children or pupils 
in primary schools, junior or senior high schools or other similar schools; the same shall apply in next 
Article) works already made public, to the exte nt deemed necessary for the purpose of school 
education.  
 (2) A person who makes such reproduction shall inform  the author thereof and pay to the copyright 
owner compensation, the amount of which is fixed each year by the Commissioner of the Agency for 
Cultural Affairs, by taking into account the purpose of the provision of the preceding paragraph, the 
nature and the purpose of the work, the ordinary rate of royalty, and other conditions.  
 
(3) The Commissioner of the Agency for Cultural Affa irs shall announce in th e Official Gazette the 
amount of compensation fixed in accordance with the provision of the preceding paragraph.  
 
(4) The provisions of the preceding three paragraphs shall apply mutatis mutandis with respect to the 
reproduction of works in textbooks intended for sen ior high school correspondence courses and in 
guidance books of school textbooks me ntioned in paragraph (1) intende d for teachers (these guidance 
books shall be limited to those published by  the same publisher of the textbooks).  
 
(Reproduction for preparing a textbook in large print) 
 Article 33bis.  (1) It shall be permissible to reproduce works already reproduced in a school textbook, 
by enlarging print letters, illustrations, etc. used in  that textbook, for the purpose of study use by 
weak-sighted children or pupils.  
 
(2) A person who intends to prepare a textbook reproducing such works (only such textbook as reproducing all of or a considerable part of such works) by enlarging such print letters, illustrations, 
etc. (hereinafter in this paragra ph referred to as "textbook in large print") shall inform in advance the 
publisher of the former textbook thereof and, in th e case of distributing copies of such textbook in 
large print for profit-making purposes, pay to the copyright owners concerned compensation, the  IP/N/1/JPN/C/5 
 Page 19 
 
 
amount of which is fixed each year by the Commi ssioner of the Agency for Cultural Affairs in 
proportion to the amount of compensation mentioned in paragraph (2) of the preceding Article.  
 
(3) The Commissioner of the Agency for Cultural Affa irs shall announce in th e Official Gazette the 
amount of compensation fixed in accordance with the provision of the preceding paragraph.  
 
(Broadcasting, etc. in school education programs) 
 Article 34.  (1) It shall be permissible to broadcast or diffuse by wire a work already made public, in 
broadcasting programs or wire diffusion program s which conform to the curriculum standards 
provided for in regulations on school education, an d to reproduce it in teaching materials for these 
programs, to the extent deemed necessary for the purpose of school education.  
 (2) A person who makes such exploitation of a work shall inform the author thereof and pay to the 
copyright owner a reasonable amount of compensation.  
 
(Reproduction, etc. in schools and other educational institutions) 
 
Article 35.  (1) A person who is in charge of teaching and those who are taught in a school or other 
educational institutions*1 (except those instituti ons established for profit-making) may reproduce a 
work already made public if and to the extent de emed necessary for the purpose of use in the course 
of lessons, provided that such reproduction does not unreasonably prejudice the interests of the copyright owner in the light of the nature and the purpose of the work as well as the number of copies 
and the form of reproduction.  
 
(2) In the case of the exploitation of a work alr eady made public, by offering or making public the 
original or copies of such work to those who ta ke lessons directly in the course of lessons in 
educational institutions mentioned in the preceding paragraph, or in the case of the exploitation of 
such work by publicly performing, presenting or  reciting it in accordance with the provision of 
Article 38, paragraph (1) in the course of such l essons, it shall be permi ssible to make the public 
transmission (including the making transmittable in the case of the interactive transmission) of such 
work intended for reception by those who take lessons  at the same time at a place other than that 
where such lessons are given; provided, howev er, that such transmission does not unreasonably 
prejudice the interests of the copyright owner in the light of the nature and the purpose of the work as 
well as the form of the transmission.  
  *1 In Article 35, paragraph (1), "a school or ot her educational institutions "includes those schools as 
established by a school establishing company mentione d in Article 12, paragraph (2) of the Law for 
Special Districts for Structural Reform (Law No.189, of 2002).   
(Reproduction, etc. in examination questions) 
 
Article 36.  (1) It shall be permissible to reproduce or  make the public transmission (excluding the 
broadcasting or wire diffusion, and including the ma king transmittable in the case of the interactive 
transmission; the same shall apply in next paragra ph) of, a work already made public as questions for 
an entrance examination or other examinations of knowledge or skill, or such examination for a 
license, to the extent deemed n ecessary for such purpose; provided, however, that such transmission 
does not unreasonably prejudice the interests of the copyright owner in the light of the nature and the 
purpose of the work as well as the form of the transmission.   
 (2) A person who makes such reproduction or publ ic transmission for profit-making purposes shall 
pay to the copyright owner compensation the amount of which corresponds to an ordinary rate of 
royalty.   IP/N/1/JPN/C/5 
Page 20  
 
 
(Reproduction in braille, etc.) 
 Article 37.  (1) It shall be permissible to reproduce in braille a work already made public.  
 (2) It shall be permissible to record on a memory , or to make the public transmission (excluding the 
broadcasting or wire diffusion, and including the ma king transmittable in the case of the interactive 
transmission) of, a work already made public, by means of a braille processing system using a 
computer.  
 (3) For braille libraries and other establishments fo r the promotion of the welfare of the visually 
handicapped, designated by Cabinet Orde r, it shall be permissible to ma ke sound recordings of a work 
already made public, exclusively for the purpose of lending such recordings for the use by the visually handicapped.  
 
(Interactive transmission for the aurally handicapped) 
 Article 37bis.  A person, designated by Cabinet Order, who does activities for the promotion of the 
welfare of the aurally handicapped, may make an  interactive transmission (including the making 
transmittable by means of inputting information to an interactive transmission server already 
connected with telecommunication network for the u se by the public) of a work broadcast or diffused 
by wire, by converting oral words of that work in to written words, exclusively for the purpose of the 
use by the aurally handicapped. 
 
(Performance, etc. not for profit-making) 
 
Article 38.  (1) It shall be permissible to publicly perform, present and recite a work already made 
public, for non-profit-making purposes and withou t charging any fees ("fees" includes any kind of 
charge to be imposed on the offering and the making available of a work to the public; the same shall 
apply hereinafter in this Article) to audience or spectators*2 ; provided, however, that the performers 
or reciters concerned are not paid any remunerati on for such performance, presentation or recitation. 
  
(2) It shall be permissible to diffuse by wire a work already broadcast, for non-profit-making purposes 
and without charging any fees to audience or spectators.  
 
(3) It shall be permissible to communicate publicly, by means of a receiving apparatus, a work already broadcast or diffused by wire, for non-profit-making purposes and without charging any fees to 
audience or spectators. The same shall apply to  such public communication made by means of a 
receiving apparatus of a kind commonly used in private homes.   
(4) It shall be permissible to offer to the public a work (except a cinematographic work) already made 
public, by lending copies of the work (excluding copies of a cinematographic work in the case of a work reproduced in the cinematographic work) for non-profit-making purposes and without charging 
any fees to borrowers of such copies.  
 
(5) For audiovisual education establishments and other establishments not for profit-making, 
designated by Cabinet Order, having the purposes, among others, to offer cinematographic films and 
other audiovisual materials for the use by the public, it shall be permissible to distribute a 
cinematographic work already made public, by lendi ng copies of the work, without charging any fees 
to borrowers of such copies.In this case, a person who makes such distribution shall pay a reasonable 
amount of compensation to the owner of the right me ntioned in Article 26 (including the owner of the 
same right as that mentioned in Article 26 in accord ance with the provision of Article 28) with respect 
to such a cinematographic work or a work reproduced in that cinematographic work.  
  IP/N/1/JPN/C/5 
 Page 21 
 
 
 *2 In Article 38, paragraph (1), "without charging any fees ("fees" includes any kind of charge to be 
imposed on the offering and the making available of  a work to the public; the same shall apply 
hereinafter in this Article) to audience or spectat ors" includes the case where, without charging any 
fees to audience or spectators, a work is exploited for teaching or research activities in such a school 
as established by a school establishing company menti oned in Article 12, paragr aph (2) of the Law for 
Special Districts for Structural Reform (Law No.189, of 2002).  
 
(Reproduction, etc. of articles on current topics) 
 
Article 39.  (1) It shall be permissible to reproduce in the press, broadcast and diffuse by wire articles 
published in newspapers or periodicals on current political, economic or social topics, not having a 
scientific character, provided that such reproduction,  broadcasting or wire diffusion thereof is not 
expressly prohibited.   
(2) It shall also be permissible to communicate publicly, by means of a receiving apparatus, articles 
thus broadcast or diffused by wire.   
(Exploitation of political speeches, etc.) 
 
Article 40.  (1) It shall be permissible to exploit, by any means, political speeches delivered in public 
and speeches delivered in the course of judicial pro ceedings (including those corresponding to judicial 
proceedings such as determinations by administrative  agencies; the same shall apply in Article 42), 
except such exploitation as i nvolves a collection of the works of the same author.  
 
(2) It shall be permissible to reproduce in the pr ess, broadcast and diffuse by wire speeches not falling 
within the preceding paragraph, which are delivered in  public by organs of the State or local public 
entities, independent administrative organs or local independent administrative organs, to the extent 
justified by the informatory purpose.  
 
(3) It shall also be permissible to communicate publ icly, by means of a receiving apparatus, speeches 
thus broadcast or diffused by wire.  
 
(Reporting of current events) 
 Article 41.  For the purpose of reporting current events  by means of photography, cinematography, 
broadcasting or otherwise, it shall be permissible to reproduce and exploit a work involved in the 
event or a work seen or heard in the course of the event, to the extent jus tified by the informatory 
purpose. 
 
(Reproduction for judicial proceedings, etc.) 
 
Article 42.  It shall be permissible to reproduce a work if  and to the extent deemed necessary for the 
purpose of judicial proceedings and of internal u se by legislative or administrative organs, provided 
that such reproduction does not unreasonably prejudi ce the interests of the copyright owner in the 
light of the nature and the purpose of the work as well as the number of copies and the form of 
reproduction. 
 
(Exploitation for Disclosure by the Government  Organizations Information Disclosure Law, 
etc.) 
 
Article 42bis . For the purpose of offering to or making available to the public of a work in 
accordance with the provisions of the Government  Organizations Information Disclosure Law, the 
Independent Administrative Organs, etc. Informa tion Disclosure Law or the Information Disclosure 
Regulations, the head of a government organization, an independent administrative organ, etc. or an IP/N/1/JPN/C/5 
Page 22  
 
organ of a local public entity may exploit the work  if and to the extent deemed necessary for the 
purpose of the disclosure by means mentioned in Article 14, paragraph (1) of the Government 
Organizations Information Disclosure Law (incl uding the provisions of Cabinet Order under that 
paragraph) by means mentioned in Article 15, paragraph (1) of the Independent Administrative 
Organs, etc. Information Disclosure Law (including  means decided by the independent administrative 
organ, etc. concerned under that paragraph and excluding means other than those provided for by 
Cabinet Order under the provisions of Article 14, paragraph (1) of the Government Organizations 
Information Disclosure Law) or by means provide d for in the Information Disclosure Regulations 
(excluding means other than those mentioned in Article 14, paragraph (1) of the Government 
Organizations Information Disclosure Law).   
(Exploitation by means of translation, adaptation, etc.) 
 
Article 43. The exploitation of works permitted under the provisions mentioned below shall include 
that made by the following means:  
   (i) Article 30, paragraph (1) or Article 33, pa ragraph (1) (including the case where its application 
mutatis mutandis is provided for under the provision of paragraph (4) of the same Article), Article 34, 
paragraph (1) or Article 35: translation, musical  arrangement, transformation, and adaptation;  
 
(ii) Article 31, item (i), Article 32, 36 or 37, Article  39, paragraph (1), Article 40, paragraph (2), or 
Article 41 or 42: translation.   
(iii) Article 37bis: adaptation (only in summary form).  
 
(Ephemeral recordings by broadcasting organizations, etc.) 
 
Article 44.  (1) Broadcasting organizations may make epheme ral sound or visual recordings of a work 
which they are in a position to broadcast, without prejudice to the right of the author mentioned in 
Article 23, paragraph (1), for the purpose of thei r own broadcasts and by the means of their own 
facilities or facilities of other broadcasting organizati ons which are in a position to broadcast the same 
work.  
 (2) Wire diffusion organizations may make ephemera l sound or visual recordings of a work which 
they are in a position to diffuse by wire, without prejudice to the right of the author mentioned in 
Article 23, paragraph (1), for the purpose of thei r own wire diffusions (except those made upon 
receiving broadcasts) and by the means of their own facilities.  
 
(3) It shall not be permissible to preserve such ephemeral recordings made in accordance with the 
provisions of the preceding two paragraphs for a pe riod exceeding six months after their making or, if 
the recordings are broadcast or diffused by wire w ithin this period, for a period exceeding six months 
after that broadcasting or wire diffusion; provided, however, that such preservation is permitted if the 
preservation in official archives is authorized by Cabinet Order.  
 
(Exhibition of an artistic work, etc. by the owner of the original thereof) 
 
Article 45.  (1) The original of an artistic work or a photographic work may be publicly exhibited by 
its owner or with his authorization.  
 
(2) The provision of the preceding paragraph shall no t apply with respect to the permanent location of 
the original of an artistic work in  open places accessible to the public , such as streets and parks, or at 
places easily seen by the public, such  as the outer walls of buildings.  
  IP/N/1/JPN/C/5 
 Page 23 
 
 
(Exploitation of an artistic work, etc. located in open places) 
 
Article 46.  It shall be permissible to exploit artistic works permanently located in such open places as 
mentioned in paragraph (2) of the preceding Article  and architectural works by any means not falling 
within any of the following items:    
 (i) multiplication of a sculpture and offering it to the public by transfer of ownership of its copies;   
 
 (ii) imitative reproduction of an architectural wo rk and offering it to the public by transfer of 
ownership of its copies;   
 (iii) reproduction of a work for the purpose of  locating it permanently in such open places as 
mentioned in paragraph (2) of the preceding Article;   
 (iv) reproduction of an artistic work exclusively for the purpose of selling its copies and sale of such 
copies.   
(Reproduction required for an exhibition of artistic works, etc.) 
 
Article 47.  A person who, without prejudice to the right  of the author mentioned in Article 25, 
exhibits publicly the originals of artistic works or photographic works may reproduce such works in 
pamphlets for the purpose of explaining or introducing them to spectators.  
(Reproduction, etc. by the owner of a copy of a program work) 
 Article 47bis.  (1) The owner of a copy of a program work may make copies or adaptations (including 
the making copies of a derivative work created by m eans of adaptation) of that work if and to the 
extent deemed necessary for the purpose of exploiting that work on a computer by himself, provided 
that the provision of Article 113, paragraph (2) do es not apply to the use made of such copies in 
connection with such exploitation.   
(2) If the owner of copies mentioned in the precedi ng paragraph has ceased to have the ownership of 
any of copies mentioned in that paragraph (including copies made in  accordance with the provision of 
that paragraph) for reasons other than those of dest ruction, he may not thereafter preserve other copies 
in the absence of any declaration of the inten tion of the copyright owner to the contrary.  
 
(Transfer of ownership of copies made in acco rdance with the provisions of limitations on 
reproduction right) 
 
Article 47ter.  Works permitted to be reproduced in accord ance with the provisions of Article 31, 
item (i), Article 32, Article 33, paragraph (1) (including the case where its application mutatis 
mutandis is provided for under the provision of para graph (4) of the same Article), Article 33bis, 
paragraph (1), Article 34, paragraph (1), Article  35, paragraph (1), Article 36, paragraph (1), 
Article 37, paragraph (1) or (2), Article 39, paragrap h (1), Article 40, paragraph (1) or (2), Article 4l, 
42, 42bis, 46 or 47 shall also be  permitted to be offered to the pub lic by transfer of ownership of 
copies made in accordance with these provisions, excl uding copies of cinematographic works in cases 
of the provisions of Article 31, item (i), Article 35, paragraph (1), Article 36, paragraph (1) or 
Article 42 (including copies of cinematographic works in cases of works reproduced in 
cinematographic works; the same shall apply herein after in this Article), except in the case where the 
ownership of copies of works made in accordance with the provisions of Article 31, item (i), 
Article 33bis, paragraph (1), Article  35, paragraph (1), Article 41, 42  or 42bis is transferred to the 
public for purposes other than those mentioned in Ar ticle 31, item (i) or Article 35, paragraph (1), 
Article 41, 42 or 42bis (excluding copies of cine matographic works in cases of the provisions of 
Article 3l, item (i) Article 33bis, paragraph (1 ), Article 35, paragraph (1) or Article 42). IP/N/1/JPN/C/5 
Page 24  
 
 
(Indication of sources) 
 Article 48.  (1) In any of the following cases, the source must  be clearly indicated in the manner and to 
the extent deemed reasonable by the form  of the reproduction or exploitation: 
  
 (i) where reproduction is made of works in accord ance with the provisions of Article 32, Article 33, 
paragraph (1) (including the case where its appli cation mutatis mutandis is provided for under the 
provision of paragraph (4) of the same Article), Arti cle 33bis, paragraph (1), Article 37, paragraph (1) 
or (3), or Article 42 or 47;    
 (ii) where exploitation is made of works in  accordance with the provisions of Article 34, 
paragraph (1), Article 37bis, Artic le 39, paragraph (1), or Article  40, paragraph (1) or (2);   
 
 (iii) where exploitation, other than reproduction, is made of works in accordance with the provision 
of Article 32, or where exploitation is made of work s in accordance with the provisions of Article 35, 
Article 36, paragraph (1), Article  38, paragraph (1), or Article 41 or 46, provided that standard 
practices so requires.   
 (2) When indicating the source under the preceding para graph, mention must be made of the name of 
the author if it appears on a work, except in the ca se where such indication identifies the author or the 
work is anonymous.   
(3) Where exploitation is made of works by transl ating, arranging musically, transforming or adapting 
them in accordance with the provision of Article 43,  mention must also be made of the source as 
provided for in the provisions of  the preceding two paragraphs.  
 
(Uses, etc. of copies for other purposes) 
 
Article 49.  (1) The following acts shall be considered to constitute the reproduction as mentioned in 
Article 21:   
 
 (i) the distribution of copies of works made in  accordance with the provisions of Article 30, 
paragraph (1), Article 31, item (i), Article 33bis, pa ragraph (1), Article 35, pa ragraph (1), Article 37, 
paragraph (3), or Articles 41 to 42bis, or Article 44,  paragraph (1) or (2), or the making available to 
the public of works by the use of these copies, for purposes other than those mentioned in these 
provisions;  
  
 (ii) the preservation by broadcasting organizations  or wire diffusion orga nizations, of ephemeral 
recordings in violation of the provisi on of Article 44, paragraph (3);  
 
 (iii) the distribution of copies of works (excludi ng copies falling within those mentioned in item (ii) 
of the next paragraph) made in accordance with the provision of Article 47bis, paragraph (1), or the 
making available to the public of wo rks by the use of these copies;   
 
 (iv) the preservation of copies mentioned in Article 47bis, paragraph (2) in violation of that paragraph 
(excluding copies falling within those mentione d in item (ii) of next paragraph).  
 
(2) The following acts shall be considered to constitute the translation, musical arrangement, 
transformation or adaptation as mentioned in Article 27 with respect to pre-existing works of derivative works concerned:   
 
 (i) the distribution of copies of derivative wo rks made in accordance with the provisions of 
Article 43, parapraph (1) or (2), or the making availa ble to the public of derivative works by the use of  IP/N/1/JPN/C/5 
 Page 25 
 
 
these copies, for purposes other than those mentioned in Article 30, paragraph (1), Article 31, item (i), 
Article35, Article 37, paragraph (3), or Article 41 or 42;   
 
 (ii) the distribution of copies of derivative works made in accordance with the provision of 
Article 47bis, paragraph (1) or the making available to the public of derivative works by the use of 
these copies;  
 
 (iii) the preservation of copies mentioned in the preceding item in violation of the provision of 
Article 47bis, paragraph (2).  
 
(Relationship with moral rights of authors) 
 
Article 50.  No provisions of this Subsection may be in terpreted as affecting the protection of the 
moral rights of the author.  
 
Chapter III 
Right of Publication 
 
(Establishment of the right of publication) 
 Article 79.  (1) The owner of the right mentioned in Article  21 (hereinafter in this Chapter referred to 
as "the owner of reproduction right") may establish th e right of publication in favour of a person who 
undertakes to publish the work in a writing or a printing.  
 
(2) The owner of reproduction right may establish the right of publication only with the authorization 
of the pledgee if the right of pledge is established on the reproduction right.  
 
(Contents of the right of publication) 
 
Article 80.  (1) The owner of the right of publication shall, as stipulated in the contract of 
establishment, have the exclusive right to reproduce the original text of the work, on which the right 
of publication is established, in a writing or a printi ng by means of typography or other mechanical or 
chemical processes for the purpose of distribution.   
(2) If the author of the work dies within the duratio n of the right of publication or, after three years 
have passed from the first publication following the est ablishment of the right of publication, unless 
otherwise stipulated in the contract of estab lishment, the owner of reproduction right may, 
notwithstanding the provision of the preceding pa ragraph, reproduce the work in a complete 
collection of works or other compilations comprising only the works of the same author.   
(3) The owner of the right of publication may not au thorize any third person to reproduce the work on 
which the right of publication is established.   
(Obligation of publication) 
 Article 81.  Unless otherwise stipulated in the contract of establishment, the owner of the right of 
publication shall have the following obligations:   
 (i) to publish the work within a period of six mont hs after the date when he received, from the owner 
of reproduction right, manuscripts or other orig inals or those corresponding thereto which are 
necessary for the reproduction of the work; and  
 
(ii) to publish the work continuously in conformity with business practice.   IP/N/1/JPN/C/5 
Page 26  
 
(Alterations, additions or deletions in works) 
 
Article 82.  (1) In the new reproduction made by the owner of the right of publication, the author may 
make alterations, additions or  deletions in his work to the extent justified.  
 (2) Whenever intending to make a new reproduction of  the work on which the right of publication is 
established, the owner of the right of publication shall notify the author thereof in advance.  
 
(Duration of the right of publication) 
 
Article 83.  (1) The duration of the right of publication shall be stipulated by the contract of 
establishment.  
 (2) The right of publication shall expire at the end of a period of three years from the first publication 
after the establishment of the right, unless otherwise stipulated in the contract of establishment.  
 
(Request to terminate the right of publication) 
 
Article 84.  (1) When the owner of the right of publication has not discharged his obligation 
mentioned in Article 81, item (i), the owner of  reproduction right may terminate the right of 
publication by notifying the owner thereof.   
 (2) When the owner of the right of publication has not discharged his obligation mentioned in 
Article 81, item (ii), the owner of reproduction ri ght may terminate the right of publication by 
notifying the owner thereof, provided that the owner of reproduction right  has called upon the owner 
of the right of publication to discharge his obligatio n within a period exceeding three months, and that 
the owner of the right of publication has not discharged his obligation within that period.   
(3) When the belief of the author who has the repr oduction right in his work differs from the content 
of the work, he may terminate the right of publication by notifying the owner of the right of publication in order to halt forever the publication of the work, provided that he makes compensation 
in advance for damages usually caused to the owner of  the right of publication by such termination.  
 Article 85.  Deleted. 
 
(Limitation on the right of publication) 
 Article 86.  (1) The provisions of Article 30, paragr aph (1), Articles 31 and 32, Article 33, 
paragraph (1) (including the case where its appli cation mutatis mutandis is provided for under the 
provision of paragraph (4) of the same Article),  Article 33bis, paragraph (1), Article 34, 
paragraph (1), Article 35, paragr aph (1), Article 36, paragraph (1 ), Article 37, paragraph (1), 
Article 39, paragraph (1), Article 40, paragraphs (1) and (2), and Articles 41, 42, 42bis, 46 and 47 
shall apply mutatis mutandis to the reproduction of  works on which the right of publication is 
established. In these cases, "the copyright owner" in Article 35, paragraph (1) and Article 42 shall 
read "the owner of the right of publication".  
 
(2) The distribution and the making available to the public of copies of works reproduced in 
accordance with the provisions of Article 30, para graph (1), Article 31, item (i), Article 33bis, 
paragraph (1), Article 35, paragra ph (1), Article 41, 42 or 42bis which shall apply mutatis mutandis in 
the preceding paragraph, for purposes other than those mentioned in these provisions, shall be considered to constitute the reproduction as me ntioned in Article 80, paragraph (1).  
  IP/N/1/JPN/C/5 
 Page 27 
 
 
(Transfer, etc. of the right of publication) 
 
Article 87.  The right of publication may be transferred or pledged only with the authorization of the 
owner of reproduction right.  
 
(Registration of the right of publication) 
 
Article 88.  (1) The following matters shall not be effective against any third party without the 
registration thereof:  
  (i) the establishment, transfer (except that by inheritance or other successions in general; the same 
shall apply in the next item), alteration or expiry  (except because of the merger, or because of the 
expiry of the reproduction right), or the restriction on the disposal of the right of publication;   
(ii) the establishment, transfer, alteration or expi ry (except because of the merger of the right of 
pledge, or because of the expiry of the right of publication or the obligat ory rights secured), or the 
restriction on the disposal of the right of pledge established on the right of publication.  
 
(2) The provision of Article 78 (except paragraph (2 )) shall apply mutatis mutandis to the registration 
mentioned in the preceding paragraph. In this case, "the copyright register" in Article 78, 
paragraphs (1), (3), (7) and (8) shall read "the register of the right of publication".  
  
Chapter IV 
Neighboring Rights 
 
Section 1 
General Rules 
 
(Neighboring rights) 
 
Article 89.  (1) Performers shall enjoy the rights mentione d in Article 90bis, paragraph (1) and Article 
90ter, paragraph (1) (hereinafter referred to as "m oral rights of performers") and the rights mentioned 
in Article 91, paragraph (1), Artic le 92, paragraph (1), Article 92bis,  paragraph (1) and Article 95bis, 
paragraph (1) and Article 95ter, paragraph (1) as we ll as the right to secondary use fees mentioned in 
Article 95, paragraph (1) and the right to remune ration mentioned in Article 95ter, paragraph (3). 
  (2) Producers of phonograms shall enjoy the rights mentioned in Articles 96 and 96bis and Article 
97bis, paragraph (1) and Article 97ter, paragraph (1) as well as the right to secondary use fees 
mentioned in Article 97, paragraph (1) and the ri ght to remuneration mentioned in Article 97ter, 
paragraph (3).  
 
(3) Broadcasting organizations shall enjoy the rights mentioned in Articles 98 to 100.   
 
(4) Wire diffusion organizations shall enjoy the rights mentioned in Articles 100bis to 100quinquies.  
 
(5) The enjoyment of the rights referred to in any of  the preceding paragraphs shall not be subject to 
any formality.   
(6) The rights referred to in paragraphs (1) to (4 ) (except moral rights of performers as well as the 
right to secondary use fees and the right to remunerati on referred to in paragraphs (1) and (2)) shall be 
called "neighboring rights".  
 IP/N/1/JPN/C/5 
Page 28  
 
(Relationship with the rights of authors) 
 
Article 90.  No provisions in this Chapter may be interp reted as affecting the protection of the rights 
of authors.  
 
Section 2 
Rights of Performers 
 
(Right of determining the indication of the performer's name) 
 
Article 90bis.  (1) The performer shall have the right to determine whether his name, his stage name 
or any other alternative to his name should be indi cated or not, as the name of the performer, when his 
performances are offered to or made available to the public.   
(2) In the absence of any declarati on of the intention of the performer to the contrary, a person using 
his performances may indicate the name of the perfo rmer in the same manner as that already adopted 
by the performer.  
 
(3) It shall be permissible to omit the name of the performer where it is found that there is no risk of 
damage to the interests of the performer in his claim to be identified as the performer of his 
performances in the light of the purpose and the ma nner of exploiting his performances or where it is 
found that such omission is compatible with fair practice.   
(4)The provision of paragraph (1) shall not  apply in any of the following cases:  
 
 (i) where the name of the performer is indicated in the same manner as that  already adopted by the 
performer when his performances are offered to or made available to the public by the head of a 
government organization, by an independent administrative organ, etc. or by an organ of a local 
public entity or a local independent administrativ e organ in accordance with the provisions of the 
Government Organizations Informa tion Disclosure Law, the Independent Administrative Organs, etc. 
Information Disclosure Law or the Information Disclosure Regulations;  
 
(ii) where the name of the performer is to be omitt ed when his performances are offered to or made 
available to the public by the head of a government  organization, by an independent administrative 
organ, etc. or by an organ of a local public en tity or a local independent administrative organ in 
accordance with the provisions of Article 6, pa ragraph (2) of the Government Organizations 
Information Disclosure Law, the provisions of Article 6, paragraph (2) of the Independent 
Administrative Organs, etc. Information Disclos ure Law or the provisions of the Information 
Disclosure Regulations equivalent to those of Ar ticle 6, paragraph (2) of the former Law.   
 
 
(Right of preserving the integrity) 
 Article 90ter.  (1)The performer shall have the right to  preserve the integrity of his performances 
against any distortion, mutilation or other modification of them that would be prejudicial to his honor 
or reputation. 
  (2) The provision of the pr eceding paragraph shall not apply to m odifications deemed unavoidable in 
the light of the nature of performances as well as the purpose and manner of exploiting them or those 
deemed compatible with fair practice.   
  IP/N/1/JPN/C/5 
 Page 29 
 
 
(Right of making sound or visual recordings) 
 
Article 91.  (1) Performers shall have the exclusive right to  make sound or visual recordings of their 
performances. 
  (2) The provision of the preceding paragraph sha ll not apply to performances which have been 
incorporated in cinematographic works with the auth orization of the owner of the right mentioned in 
the same paragraph , except in th e case where such perfo rmances are to be incorporated in sound 
recordings (other than those intende d for use exclusively with images).  
  
(Rights of broadcasting and wire diffusion) 
 
Article 92. (1) Performers shall have the exclusive rights to broadcast and to diffuse by wire their 
performances. 
  (2) The provision of the preceding paragra ph shall not apply in the following cases:   
 
 (i) where the wire diffusion is made of performances already broadcast;   
(ii) where the broadcasting takes place of, or the wire diffusion is made of the following:  
(a) performances incorporated in sound or visual record ings with the authorization of the owner of the 
right mentioned in paragraph (1) of the precedi ng Article; (b) performances mentioned in paragraph 
(2) of the preceding Article and incorporated in recordings other than those mentioned in that 
paragraph.  
  
(Right of making transmittable) 
 Article 92bis.  (1) Performers shall have the exclusive right  to make their performances transmittable.  
 (2) The provision of the preceding paragr aph shall not apply to the following:  
 
 (i) performances incorporated in visual recordings with the authorization of the owner of the right 
mentioned in Article 91, paragraph(1);  
 
 (ii) performances mentioned in Article 91, paragrap h(2) and incorporated in recordings other than 
those mentioned in that paragraph.  
 
(Fixation for broadcasting purposes) 
 Article 93.  (1) Broadcasting organizations which have  obtained the authorization to broadcast 
performances from the owner of the right of broad casting mentioned in Article 92, paragraph (1),may 
make sound or visual recordings of such perfo rmances for broadcasting purposes, provided that the 
contract has no stipulation to the contrary or that  the sound or visual recordings are not intended for 
the purpose of use in broadcasting programs different from those authorized.  
 
(2) The following shall be considered to constitu te the making of sound or visual recordings 
mentioned in Article 91, paragraph (1):  
 
 (i) the use and the offering of sound or visual re cordings made in accordance with the provision of 
the preceding paragraph for a purpose other than that  of broadcasting or for the purpose mentioned in 
the proviso to the same paragraph;  
  IP/N/1/JPN/C/5 
Page 30  
 
 (ii) the further offering, by broadcasting organiza tions which have been offered such recordings, of 
sound or visual recordings made in accordance with the provision of the preceding paragraph, to other 
broadcasting organizations for their broadcasting.  
 
 
(Broadcasting of fixations, etc. made for broadcasting purposes) 
 
Article 94.  (1) Unless otherwise stipulated in the c ontract, the authorization to broadcast a 
performance from the owner of the right mentioned in  Article 92, paragraph (1) shall also imply the 
following:   
 (i) broadcasting by the authorized broadcasting organization of the performances incorporated in 
sound or visual recordings in accordance with the pr ovision of paragraph (1) of the preceding Article;   
 
 (ii) broadcasting, of the performances incorporat ed by the authorized broadcasting organization in 
sound or visual recordings in accordance with the provision of paragraph (1) of the preceding Article, 
by another broadcasting organization which has been offered such recordings;   
 
 (iii) broadcasting (not falling within the precedi ng item), by another broad casting organization which 
has been offered by the authorized broadcasti ng organization programs incorporating authorized 
performances, of such performances.  
 (2) When a broadcasting mentioned in any of the ite ms of the preceding paragraph has been made, the 
authorized broadcasting organization mentione d therein shall pay a reasonable amount of 
remuneration to the owner of the right me ntioned in Article 92, paragraph (1).  
 
(Secondary use of commercial phonograms) 
 Article 95.  (1) When broadcasting organizations and wire diffusion organizations (hereinafter in this 
Article and Article 97, paragraph (1) referred to as "broadcasting organizations, etc".) have broadcast 
or diffused by wire commercial phonograms incorpor ating performances with the authorization of the 
owner of the right mentioned in Article 91, paragr aph (1) (except broadcast or wire diffusion made 
upon receiving such broadcasts or wire diffusions), they shall pay secondary use fees to the performers whose performances (which are mentioned in  Article 7, items (i) to (vi) and in which 
neighboring rights subsist; the same shall apply in th e next paragraph to para graph (4)) have been so 
broadcast or diffused by wire.   
(2) As far as the Contracting States of the Conve ntion for the Protection of Performers, etc. are 
concerned, the provisions of the preceding paragra ph shall apply to performers whose performances 
are fixed in phonograms the producers of which are nati onals of a country other than that which is a 
Contracting State of that Convention and which has made a declaration under the provisions of 
Article16 (1) (a) (i) of that Convention stating that it will not apply the provisions  of Article 12 of that 
Convention.  
 
(3) If the term of the protection provided for in th e provisions of Article 12 of the Convention for the 
Protection of Performers, etc. which is granted by a Contracting State of that Convention with respect 
to phonograms mentioned in Article 8, item (i) is s horter than that for which performers are granted 
the protection under the provisions of paragrap h (1), the term for which performers, whose 
performances are fixed in phonograms the producers of which are nationals of that State, are granted 
the protection under the provisions of that paragraph shall be that of the protection provided for in the 
provisions of Article 12 of that Convention which is  granted by that State with respect to phonograms 
mentioned in Article 8, item (i).  
  IP/N/1/JPN/C/5 
 Page 31 
 
 
(4) The provisions of paragraph (1) shall apply, w ithin the limits of reservations made, to performers 
whose performances are fixed in phonograms the produ cers of which are nationals of a country which 
is a Contracting Party to the WPPT (but not a Cont racting State of the Convention for the Protection 
of Performers, etc.) and which has made reservat ions under the provisions of Article 15 (3) of the 
WPPT.   
(5) Where there is an association (including a fe deration of associations) which is composed of a 
considerable number of professional performers practisi ng in this country and which is so designated, 
with its consent, by the Commissi oner of the Agency for Cultural A ffairs, the right to secondary use 
fees mentioned in the paragraph (1) shall be exerci sed exclusively through the intermediary of such 
association.  
 
(6) The Commissioner of the Agency for Cultural Affairs may designate only such an association as 
satisfies the following conditions:  
 
 (i) that it is not established for profit-making;   
 (ii) that its members may freely join and withdraw;  
  (iii) that its members are granted an e qual right to vote and to be elected;  
 
 (iv) that it has sufficient ability to practise prope rly by itself the business of exercising the right on 
behalf of the owners of the right to secondary use f ees mentioned in paragraph (1) (hereinafter in this 
Article referred to as "the owners of the right").  
 
(7) Such association may not refuse th e request of the owners of the right for the exercise of the right 
on their behalf.   
(8) Upon receipt of the request mentioned in the preceding paragraph, such association shall have 
authority to deal, on behalf of the owners of the right and in its own name, with juridical and non-
juridical matters in regard to the right.  
 
(9) As provided by Cabinet Order, the Commissioner of  the Agency for Cultural Affairs may ask such 
association to report on their business concerning seconda ry use fees mentioned in paragraph (1) or to 
submit account books, documents a nd other data, or make necessary recommendations for improving 
in a manner of practising business.    
(10) The amount of secondary use fees which such  association may demand on behalf of the owners 
of the right in accordance with the provision of paragraph (4) shall be fixed each year by mutual agreement between such association and broadcas ting organizations, etc. or their federation.  
 
(11) If the agreement mentioned in the preceding para graph is not reached, the parties concerned may, 
as provided by Cabinet Order, request the Commissione r of the Agency for Cultural Affairs to issue a 
ruling fixing an amount of secondary use fees.  
 
(12) The provisions of Article 70, paragraphs (3),  (6) and (7) as well as Articles 71 to 74 shall apply 
mutatis mutandis to the ruling and secondary use fees mentioned in the preceding paragraph. In this 
case, "the copyright owner" in Article 70, paragraph (3) shall read "the parties concerned", "the user 
of the work" in Article 72, paragraph (2) shall r ead "broadcasting organizations, etc. mentioned in 
Article 95, paragraph (1)", "the c opyright owner" in the same paragr aph shall read "the association 
mentioned in paragraph (4) of the sa me Article and "the copyright owne r" in Article 74 shall read "the 
association mentioned in Article 95, paragraph (5)".  
 IP/N/1/JPN/C/5 
Page 32  
 
(13) The provisions of the Law Relating to Pr ohibition of Private Monopoly and Methods of 
Preserving Fair Trade (Law No.54, of 1947) shal l not apply to mutual agreement mentioned in 
paragraph (10) and to acts made under it, provided that the trading method is fair and without 
unreasonable prejudice to the interests of concerned entrepreneurs.  
 (14) Other than those provided for in paragraphs (5) to (13), necessary matters in connection with the 
payment of secondary use fees mentioned in pa ragraph (1) and the association mentioned in 
paragraph (5) shall be provided by Cabinet Order.  
 
(Right of transfer of ownership) 
 Article 95bis.  (1) Performers shall have the exclusive right  to offer their perfor mances to the public 
by transfer of ownership of sound or visual recordings of their performances.   
(2) The provision of the preceding paragr aph shall not apply to the follow1ng:  
  (i) performances incorporated in visual recordings  with the authorization of a person who has the 
right mentioned in Article 91, paragraph (1);  
  (ii) performances mentioned in Article 91, paragra ph (2) and incorporated in recordings other than 
those mentioned in that paragraph.  
 (3) The provision of paragraph (1) shall not apply in  the case of transfer of ownership of sound or 
visual recordings of performances (except those mentioned in items (i) and (ii) of the preceding 
paragraph; the same shall apply hereinafter in this  Article) which falls within any of the following 
items:  
  (i) sound or visual recordings of performances th e ownership of which has been transferred to the 
public by a person who has the right mentioned in pa ragraph (1) or with the authorization of such 
person;   
 (ii) sound or visual recordings of performances the ownership of which ha s been transferred to a 
small number of specific persons by a person who has the right mentioned in paragraph (1) or with the 
authorization of such person;  
 
 (iii) sound or visual recordings of performances th e ownership of which has been transferred, outside 
this country, without prejudice to the right equivale nt to that mentioned in paragraph (1), or by a 
person who has the right equivalent to that mentione d in that paragraph or with the authorization of 
such person.   
(Right of lending, etc.) 
 
Article 95ter.  (1) Performers shall have the exclusive right  to offer their perfor mances to the public 
by lending commercial phonograms incorporating their performances.  
 
(2) The provision of the preceding paragraph shall not apply to the lending of commercial 
phonograms going beyond a period as provided by Cabinet Order within the limits of one to twelve 
months from the first sale of such phonogram s (including commercial phonograms containing the 
same phonograms as those incorporated in such commercial phonograms; hereinafter referred to as 
"commercial phonograms going beyond the period").    
(3) When those who engage in business of lendi ng commercial phonograms to the public (hereinafter 
referred to as "commercial phonogram s lenders") have offered performa nces to the public by lending 
commercial phonograms going beyond the period, they shall pay a reasonable amount of  IP/N/1/JPN/C/5 
 Page 33 
 
 
remuneration to the performers whose performan ces (in which neighboring rights subsist) are 
incorporated in such phonograms.   
(4) The provisions of Article 95, paragraphs (5) to (14) shall apply mutatis mutandis to the right to 
remuneration mentioned in the preceding paragraph. In this case, "broadcasting organizations, etc." in 
paragraph (10) of the same Article and "broadcasti ng organizations, etc. mentioned in Article 95, 
paragraph (1)" in paragraph (12) of the same Article shall read "co mmercial phonograms lenders 
mentioned in Article 95ter, paragraph (3)."  
 
(5) The right to royalty with respect to the author ization given by owners of the right mentioned in 
paragraph (1) may be exercised through the intermedia ry of the association, mentioned in Article 95, 
paragraph (5) which shall apply mutatis mutandis in the preceding paragraph.  
 (6) The provisions of Article 95, pa ragraphs (7) to (14) shall appl y mutatis mutandis in the preceding 
paragraph. In this case, the provision of the sec ond sentence of paragraph (4 ) of this Article shall 
apply mutatis mutandis.   
Section 3 
Rights of Producers of Phonograms 
 
(Right of reproduction) 
 
Article 96.  Producers of phonograms shall have the exclusive right to reproduce their phonograms. 
 
(Right of making transmittable) 
 
Article 96bis.  Producers of phonograms shall have the exclusive right to make their phonograms 
transmittable. 
 
(Secondary use of commercial phonograms) 
 Article 97.  (1) When broadcasting organizations, etc. ha ve broadcast or diffused by wire commercial 
phonograms (except broadcast or wire diffusion made upon receiving such broadcasts or wire diffusions), they shall pay secondary use fees  to the producers whose phonograms (which are 
mentioned in Article 8, items (i) to (iv) and in  which neighboring rights subsist) have been so 
broadcast or diffused by wire.   
(2) The provisions of Article 95, paragraphs (2) a nd (4) shall apply mutatis mutandis to the producers 
of phonograms mentioned in the preced ing paragraph, and the provisions  of paragraph (3) of the same 
Article shall apply mutatis mutandis to the term  of the protection provided for in the preceding 
paragraph. In this case, "performers whose perfo rmances are fixed in phonograms the producers of 
which are nationals" in paragraphs (2) to (4) of the same Article shall read "producers of phonograms 
who are nationals", and "that for which performers ar e granted the protection" in paragraph (3) of the 
same Article shall read "that for which producer s of phonograms are granted the protection".  
 
(3) Where there is an association (including a fe deration of associations) which is composed of a 
considerable number of producers of phonograms practising in this count ry and which is so 
designated, with its consent, by the Commissioner of  the Agency for Cultural Affairs, the right to 
secondary use fees mentioned in para graph (1) shall be exercised exclusively through the intermediary 
of such association.   
(4) The provisions of Article 95, paragraphs (6) to  (14) shall apply mutatis mutandis to secondary use 
fees mentioned in paragraph (1) and to the associ ation mentioned in the preceding paragraph.  
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(Right of transfer of ownership) 
 
Article 97bis.  (1) Producers of phonograms shall have the exclusive right to offer their phonograms 
to the public by transfer of ownership of copies of their phonograms.  
 (2) The provision of the pr eceding paragraph shall not apply in th e case of transfer of ownership of 
copies of phonograms which falls within any of the following items:  
 
 (i) copies of phonograms the ownership of which ha s been transferred to the public by a person who 
has the right mentioned in the preceding paragraph or with the authorization of such person;  
 
 (ii) copies of phonograms the ownership of which h as been transferred to a small number of specific 
persons by a person who has the right mentioned in the preceding paragraph or with the authorization 
of such person;  
 
 (iii) copies of phonograms the ownership of which ha s been transferred, outside this country, without 
prejudice to the right equivalent to that mentioned in the preceding paragraph, or by a person who has 
the right equivalent to that mentioned in that para graph or with the authorization of such person.  
 
(Right of lending, etc.) 
 
Article 97ter.  (1) Producers of phonograms shall have the exclusive right to offer their phongrams to 
the public by lending commercial phonograms in  which their phonograms are reproduced.  
 
(2) The provision of the preceding paragraph shall not apply to the lending of commercial 
phonograms going beyond the period.  
 (3) When commercial phonograms lenders have  offered phonograms to the public by lending 
commercial phonograms going beyond the period, they shall pay a reasonable amount of 
remuneration to the producers whose phonograms (in wh ich neighboring rights subsist) have been so 
offered to the public.  
 
(4) The provision of Article 97, paragraph (3) shall a pply mutatis mutandis to the exercise of the right 
to remuneration mentioned in the preceding paragraph.  
 
(5) The provisions of Article 95, paragraphs (6 ) to (14) shall apply mutatis mutandis to the 
remuneration mentioned in paragraph (3) of this Article and to associations mentioned in Article 97, 
paragraph (3) which shall apply mutatis mutandis in the preceding paragraph. In this case, the 
provision of the first sentence of Article 95ter , paragraph (4) shall apply mutatis mutandis.  
 
(6) The right to royalty with respect to the author ization given by owners of the right mentioned in 
paragraph (1) of this Article may be exercised th rough the intermediary of the association mentioned 
in Article 97, paragraph (3) which shall apply muta tis mutandis in paragraph (4) of this Article.  
 
(7) The provision of paragraph (5 ) of this Article shall apply mutatis mutandis in the preceding 
paragraph. In this case, "Article 95, paragraph (6)" in paragraph (5) shall read "Article 95, 
paragraph (7)."    IP/N/1/JPN/C/5 
 Page 35 
 
 
Section 4 
Rights of Broadcasting Organizations 
 
(Right of reproduction) 
 
Article 98.  Broadcasting organizations shall have the exclusive rights to make sound or visual 
recordings of their broadcasts or those diffused by  wire from such broadcasts, and to reproduce by 
means of photography or other similar processes the sounds or images incorporated in these 
broadcasts. 
 
(Rights of rebroadcasting and wire diffusion) 
 
Article 99.  (1) Broadcasting organizations shall have the exclusive rights to rebroadcast and to diffuse 
by wire their broadcasts. 
  
(2) The provision of the preceding paragraph shall not apply to the wire diffusion which is made by a 
person who is required to do so under th e provisions of laws and regulations.  
 
(Right of making transmittable) 
 Article 99bis.  Broadcasting organizations shall have the ex clusive right to make transmittable their 
broadcasts or those diffused by wire from such broadcasts.   
(Right of communication of television broadcasts) 
 Article 100.  Broadcasting organizations shall have the ex clusive right to communicate to the public 
their television broadcasts or those diffused by wi re from such broadcasts, by means of a special 
instrument for enlarging images.  
 
Section 5 
Rights of Wire Diffusion Organizations 
 
(Rights of reproduction) 
 Article 100bis.  Wire diffusion organizations shall have th e exclusive rights to make sound or visual 
recordings of their wire diffusions, and to repr oduce by means of photography or other similar 
processes the sounds or images incorporated in their wire diffusions. 
 
(Rights of broadcasting and wire rediffusion) 
 Article 100ter.  Wire diffusion organizations  shall have the exclusive rights to broadcast and to 
rediffuse by wire their wire diffusions.  
(Right of making transmittable) 
 Article 100quater.  Wire diffusion organizations shall have the exclusive right to make their wire 
diffusions transmittable.  
(Right of communication of wire television diffusions) 
 
Article 100quinquies.  Wire diffusion organizations shall have  the exclusive right to communicate 
their wire television diffusions to the public, by means of a special instrume nt for enlarging images. 
  IP/N/1/JPN/C/5 
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Section 6 
Term of Protection 
 
(Term of protection for performances, phonograms, broadcasts and wire diffusions) 
 
Article 101.  (1) The duration of neighboring rights shall begin with the following date: 
 
 (i) when the performance t ook place, for performances;  
 
 (ii) when the first fixation of sounds was made, for phonograms;   
 (iii) when the broadcast took place, for broadcasts;   
 (2) The duration of neighboring rights shall expire at the end of a period of fifty years from the year 
following the date:  
  (i) when the performance t ook place, for performances;  
 
 (ii) when the publishing was made or when the firs t fixation of sounds was made if the publishing has 
not been made within a period of fifty years following the first fixation of sounds;  
 
 (iii)when the broadcast took place, for broadcasts;    
 (iv)when the wire diffusion took place, for wire diffusions.  
 
Section 7 
Inalienability of Moral Rights, etc. of Performers 
 
(Inalienability of moral rights of performers) 
 
Article 101bis.  Moral rights of the performer shall be ex clusively personal to him and inalienable. 
 
(Protection of the moral interests after the performer's death) 
 Article 101ter.  Even after the death of the performer, no person who offers or makes available 
performances to the public may commit an act which would be prejudicial to the moral rights of the 
performer if he were alive; provided, however, that such act is permitted if it is deemed not to be 
against the will of the performer in the light of the nature and extent of the act as well as a change in 
social situation and other conditions.   
Section 8 
Limitations, Transfer, Exercise and Registration of the Rights 
 
(Limitations on neighboring rights) 
 Article 102.  (1) The provisions of Article 30, paragraph (1), Articles 31, 32, 35 and 36, Article 37, 
paragraph (3), Article 38, para graphs (2) and (4) and Articles 41, 42, 42bis and 44 (except 
paragraph (2)) shall apply mutatis mutandis to  the exploitation of performances, phonograms, 
broadcasts or wire diffusions which are the subject matter of neighboring rights, the provision of 
Article 30, paragraph (2) and Article 47ter sha ll apply mutatis mutandis to the exploitation of 
performances or phonograms which are the subject ma tter of neighboring rights, and the provision of 
Article 44, paragraph (2) shall apply mutatis mutandis to the exploitation of performances, 
phonograms or wire diffusions which are the subjec t matter of neighboring rights. In this case, 
"Article 23, paragraph (1)" in Article 44, paragraph (1) shall r ead "Article 92, paragraph (1),  IP/N/1/JPN/C/5 
 Page 37 
 
 
Article 99, paragraph (1) or Article 100ter", an d "Article 23, paragraph (1)" in Article 44, 
paragraph (2) shall read "Article 92,  paragraph (1) or Article 100ter". 
 
(2) Where reproduction is made of performances , phonograms, sounds or images of broadcasts or 
wire diffusions (hereinafter referred to as "perform ances, etc.") in accordance with the provisions of 
Article32, Article 37, paragraph (3) or Article 42 which apply mutatis mutandis in the preceding 
paragraph, the source must be clearly indicated in  the manner and to the extent deemed reasonable by 
the character of the reproduction, provided that standard practice so requires.  
 
(3) Where it is permissible to broadcast or diffu se by wire works under the provision of Article 39, 
paragraph (1) or Article 40, paragr aph (1) or (2), it shall also be permissible to diffuse by wire the 
broadcasts or wire diffusions of such works and to  communicate them to the public by means of a 
special instrument for enlarging images.   
(4) The following shall be considered to constitute the making of sound or visual recordings or the 
reproduction as mentioned in Article  91, paragraph (1), Article 96,  Article 98 or Article 100bis:  
 
 (i) the distribution of copies of performances, et c. made in accordance with the provisions of 
Article 30, paragraph (1), Article 31, item (i), Article 35, paragra ph (1), Article 37, paragraph (3), 
Article 41, 42 or 42bis, or Article 44, paragra ph (1) or (2) which apply mutatis mutandis in 
paragraph (1) of this Article, a nd the making available to the public of performances, of sounds of 
phonograms, or of sounds or images of broadcasts or  wire diffusions by the use of these copies, for 
purposes other than those mentioned in these provisions;   
 
 (ii) the preservation by broadcasting organizations or wire diffusion organizations of sound or visual 
recordings in violation of the provisions of Article  44, paragraph (3) which apply mutatis mutandis in 
paragraph (1) of this Article.   
(Relationship with moral rights of performers) 
 
Article 102bis.  No provisions of the preceding Article relating to limitations on neighboring rights 
(except the provisions of paragraph (3) of that Artic le) may be interpreted as affecting the protection 
of the moral rights of the performer.   
(Transfer, exercise, etc. of neighboring rights) 
 
Article 103.  The provision of Article 61, paragraph (1) sh all apply mutatis mutandis to the transfer of 
neighboring rights, the provision of Article 62, para graph (1) to the expiry of these rights, and the 
provision of Article 63 to the authorization to e xploit performances, phonograms, broadcasts or wire 
diffusions, and the provision of Article 65 shall a pply mutatis mutandis with respect to the joint 
authorship of these rights, and the provision of Article  66 with respect to the establishment of a pledge 
on these rights. In this case, "Article 23, paragra ph (1)" in Article 63, paragraph (5) shall read 
"Article 92bis, paragraph (1) , Article 96bis, Article 99bis or Article 100quater".  
 
(Registration of neighboring rights) 
 
Article 104.  The provisions of Articles 77 and 78 (excep t paragraph (2))shall apply mutatis mutandis 
to the registration of neighboring rights. In this case, "the copyright register" in paragraphs (1), (3) 
and (7) of the latter Article shall read "the register of neighboring rights".  
back to Contents   IP/N/1/JPN/C/5 
Page 38  
 
Chapter V 
Compensation for Private Recording 
 
(Exercise of the right to claim co mpensation for private recording) 
 
Article 104bis.  (1) Where there is an association, which is  established for the purpose of exercising th 
right to claim compensation as mentioned in Artic le 30, paragraph (2) (including the case where its 
application mutatis mutandis is provided for under the provision of Article 102, paragraph (1); the 
same shall apply hereinafter in this Chapter. ) (herei nafter in this Chapter re ferred to as "compensation 
for private recording") on behalf of the owners of su ch right (hereinafter in this Chapter referred to as 
"the owners of the right") and which is designate d, with its consent, by the Commissioner of the 
Agency for Cultural Affairs as the only one asso ciation throughout the country for each of the 
following two categories of compensation for private r ecording (hereinafter in this Chapter referred to 
as "the designated association"), the right to cl aim compensation for private recording shall be 
exercised exclusively through the intermed iary of the designated association:  
  (i) compensation for sound recording made for the purpose of private use (excluding such sound 
recording as made exclusively with visual recording; he reinafter in this Chapter referred to as "private 
sound recording");   
(ii) compensation for visual recording made for th e purpose of private use (including such visual 
recording as made exclusively with sound recording; he reinafter in this Chapter referred to as "private 
visual recording").   
 
(2) The designated association shall have the authority to deal, on be half of the owners of the right 
and in its own name, with juridical and non-juridi cal matters in regard to the right to claim 
compensation for private recording.  
(Conditions for designation) 
 
Article 104ter.  The Commissioner of the Agency for Cultura l Affairs shall designate only such an 
association as satisfies the following conditions: 
   (i) that it is a legal person established under the pr ovision of Article 34 (Establishment of non-profit 
legal persons) of the Civil Law;   
 (ii) that it is composed of, in the case of comp ensation for private sound recording, the associations 
mentioned in the following (a), (c) and (d), and,  in the case of compensation for private visual 
recording, the associations mentioned in the following (b), (c) and (d), respectively:  (a) an association 
(including a federation of associa tions) which is composed of the persons holding the right of 
reproduction with respect to works of which private sound recording is made, a nd which is deemed to 
represent the interests of such right holders in th is country; (b) an association (including a federation 
of associations) which is composed of the persons holding the right of reproduction with respect to 
works of which private visual recording is made, and which is deemed to represent the interests of 
such right holders in this country; (c) an associa tion (including a federation of associations) which is 
composed of a considerable number of professional  performers practising in this country; (d) an 
association (including a federation of associations) which is composed of a considerable number of 
producers of phonograms practising in this country;  
  
(iii) that each of the associations mentioned in (a ),(b),(c) and (d) in the preceding item satisfies the 
following conditions:  (a) that it is not established for profit-making; (b) that its members may freely 
join and withdraw; (c) that its members are gran ted an equal right to vote and to be elected;  
    IP/N/1/JPN/C/5 
 Page 39 
 
 
(iv) that it has sufficient ability to conduct properl y the business of exercising the right to claim 
compensation for private recording (including th e business relating to the activities mentioned in 
Article 104octies, paragraph (1); hereinafter in th is Chapter referred to as  "he business related to 
compensation") on behalf of the owners of the right.  
 
(Exceptional provisions for the payment of compensation for private recording) 
 
Article 104quater.  (1) Any purchaser of a recording machine or a recording medium which is 
specified by Cabinet Order in accordance with the provision of Article 30, pa ragraph (2) (hereinafter 
in this Chapter referred to as "a specified reco rding machine" and "a specified recording medium" 
respectively) (limited to the initial purchasers of such  retailed recording machines or media) shall pay, 
at the time of the purchase and on the claim by the designated association, a lump-sum compensation 
for private recording the amount of which is fi xed, for such recording machine and medium 
respectively, in accordance w ith the provision of Article 104sexies, paragraph (1).   
 
(2) Any person who has paid such compensati on may claim its repayment from the designated 
association, by certifying that he or she uses such a specified recording machine or medium 
exclusively for the purpose other than  that of private recording.  
 (3) Notwithstanding the provision of Article 30, paragraph (2), any person who makes private 
recording on a specified recording medium, for wh ich compensation has been paid, by means of a 
specified recording machine, for which compensation has been paid, shall not be required to pay 
compensation for private recording, provided that  compensation has not been repaid for such a 
specified recording machine or medium concerned in accordance with the provision of the preceding 
paragraph.  
 
(Cooperation by manufacturers and importers) 
 Article 104quinquies. When the designated association claims compensation for private recording in 
accordance with the provision of paragraph (1) of the preceding Article, any manufacturer or importer 
of specified recording machines or media shall cooperate with the d esignated association in claiming 
and receiving such compensation. 
 
(Amount of compensation for private recording) 
 
Article 104sexies.  (1) Before exercising the right to clai m compensation for private recording in 
accordance with the provision of Article 104bis, paragr aph (1), the designated association shall fix the 
amount of such compensation and obtain the approva l thereof from the Commissioner of the Agency 
for Cultural Affairs. The same shall apply when the designated association intends to change such 
amount. 
  
(2) When the approval mentioned in the preceding paragraph is given, the amount of compensation 
for private recording shall, notwithstanding the provi sion of Article 30, paragraph (2), be that as 
approved.  
 
(3) Before applying for such approval, the desi gnated association shall consult with associations 
which are composed of manufacturers and importers of specified recording machines or media and which are deemed to represent their opinions.  
 
(4) The Commissioner of the Agency  for Cultural Affairs shall approve the amount of compensation 
applied for only when it is deemed appropriate by taking into account the spirit of the provisions of 
Article 30, paragraph (1) (including the case wher e its application mutatis mutandis is provided for 
under the provision of Article 102, paragraph (1) ) a nd Article 104quater, paragraph (1), the ordinary 
rate of sound or visual recording royalty and other circumstances.  IP/N/1/JPN/C/5 
Page 40  
 
 (5) Before approving the amount of compensation,  the Commissioner of the Agency for Cultural 
Affairs shall consult the Culture Council.  
 
(Rules on the conduct of the business related to compensation) 
 Article 104septies.  (1) When initiating the business related to compensation, the designated 
association shall establish rules on the conduct of such business and report those rules to the 
Commissioner of the Agency for Cultural Affair s. The same shall apply when the designated 
association intends to amend such rules.   
(2) The rules mentioned in the preceding paragr aph shall include the matters relating to the 
distribution of compensation for private record ing (limited to such compensation as paid in 
accordance with the provision of Article 104quater, paragraph (1) ),  and the designated association 
shall take into account the spirit of the provision of Article 30, paragraph (2) when establishing the 
rules on such matters.   
(Allocation for such activities as contribut ing to the protection of copyright, etc.) 
 
Article 104octies. (1) The designated association shall allo cate an amount corresponding to the rate 
fixed by Cabinet Order within 20% of the compensation received (limited to such compensation as 
paid in accordance with the provision of Article  104quater, paragraph (1) ) for such activities as 
contributing to the protection of copyright and neig hboring rights as well as to the promotion of the 
creation and dissemination of works.  
 
(2) When intending to draft the Cabinet Order ment ioned in the preceding paragraph or to draft its 
amendment, the Commissioner of the Agency for Cult ural Affairs shall consult the Culture Council.  
 
(3) The Commissioner of the Agency  for Cultural Affairs may issue to the designated association an 
order necessary for supervising the business relating to the activities mentioned in paragraph (1) when 
it is deemed necessary for assuring an proper execution of such business.  
 
(Request for report, etc.) 
 Article 104novies. The Commissioner of the Agency for Cultu ral Affairs may request the designated 
association to make a report on its business related to compensation or to submit account books, documents and other information, and may ma ke recommendations necessary for improving the 
manner of conduct of the business related to compen sation when it is deemed necessary for assuring 
the proper conduct of such business.  
(Mandate to Cabinet Order) 
 
Article 104decies.  Other than those provided for in this Chap ter, necessary matters with respect to the 
designated association and the business related to co mpensation shall be provided by Cabinet Order. 
 
Chapter VI 
Settlement of Disputes 
 
(Mediators for the settlement of disputes concerning copyright) 
 
Article 105.  (1) In order to settle, through mediation, disputes concerning the rights provided for in 
this Law, the Agency for Cultura l Affairs shall provide mediators for the settlement of disputes 
concerning copyright (hereinafter in this  Chapter referred to as "mediators").  
  IP/N/1/JPN/C/5 
 Page 41 
 
 
(2) Whenever an affair may arise, mediators not ex ceeding three in number shall be appointed by the 
Commissioner of the Agency for Cultural Affairs from among persons of learning and experience in 
the field of copyright or neighboring rights.  
 
(Application for mediation) 
 Article 106.  When a dispute may arise in connection with  the rights provided for in this Law, the 
parties concerned may apply for mediation to the Commissioner of the Agency for Cultural Affairs. 
 
(Application fee) 
 Article 107.  (1) Applicants shall pay application fee, th e amount of which shall be fixed by Cabinet 
Order, taking into account actual cost.  
(2) The provision of the preceding paragraph shall no t apply in the case where a person who shall pay 
an application fee in accordance with the provisi on of that paragraph is the State, etc.  
 
(Submission to mediation) 
 
Article 108.  (1) Upon receipt of an application under the provision of Article  106 of both parties 
concerned or that of one party to which the othe r party consented, the Commissioner of the Agency 
for Cultural Affairs shall submit the matter to the mediators.   
(2) The Commissioner of the Agency for Cultural A ffairs may desist from submitting a matter to the 
mediators, when he deems it inappropriate in natu re for submission to mediation or when he deems 
that the parties concerned applied for mediation for improper purposes.  
 
(Mediation) 
 
Article 109.  (1) The mediators shall mediate between th e parties concerned in order to settle the 
dispute in conformity with actual circumstances an d in consideration of the points in dispute.  
 
(2) The mediators may stop the mediation when they  deem that the likelihood of settlement of the 
dispute no longer exists.  
 
(Report, etc.) 
 Article 110.  (1) Upon completion of the mediation, the mediators shall report thereon to the 
Commissioner of the Agency for Cultural Affairs.   
(2) When stopping mediation, they shall inform th e parties concerned thereof and indicate the reasons 
therefor, which shall also be reported to the Commi ssioner of the Agency for Cultural Affairs.  
 
(Mandate to Cabinet Order) 
 Article 111.  Other than those provided for in this Ch apter, necessary matters in connection with 
procedures of mediation and mediators sh all be provided by Cabinet Order.  
Chapter VI Settlement of Disputes 
 
(Mediators for the settlement of disputes concerning copyright) 
 Article 105.  (1) In order to settle, through mediation, disputes concerning the rights provided for in 
this Law, the Agency for Cultura l Affairs shall provide mediators for the settlement of disputes 
concerning copyright (hereinafter in this  Chapter referred to as "mediators").  IP/N/1/JPN/C/5 
Page 42  
 
 (2) Whenever an affair may arise, mediators not ex ceeding three in number shall be appointed by the 
Commissioner of the Agency for Cultural Affairs from among persons of learning and experience in 
the field of copyright or neighboring rights. 
  
(Application for mediation) 
 
Article 106.  When a dispute may arise in connection with  the rights provided for in this Law, the 
parties concerned may apply for mediation to the Commissioner of the Agency for Cultural Affairs. 
 
(Application fee) 
 
Article 107.  (1) Applicants shall pay application fee, th e amount of which shall be fixed by Cabinet 
Order, taking into account actual cost. 
 
(2) The provision of the preceding paragraph shall no t apply in the case where a person who shall pay 
an application fee in accordance with the provisi on of that paragraph is the State, etc.  
 
(Submission to mediation) 
 Article 108.  (1) Upon receipt of an application under the provision of Article  106 of both parties 
concerned or that of one party to which the othe r party consented, the Commissioner of the Agency 
for Cultural Affairs shall submit the matter to the mediators.  
 
(2) The Commissioner of the Agency for Cultural A ffairs may desist from submitting a matter to the 
mediators, when he deems it inappropriate in natu re for submission to mediation or when he deems 
that the parties concerned applied for mediation for improper purposes.   
(Mediation) 
 
Article 109.  (1) The mediators shall mediate between th e parties concerned in order to settle the 
dispute in conformity with actual circumstances an d in consideration of the points in dispute.  
 (2) The mediators may stop the mediation when they  deem that the likelihood of settlement of the 
dispute no longer exists.  
 
(Report, etc.) 
 
Article 110.  (1) Upon completion of the mediation, the mediators shall report thereon to the 
Commissioner of the Agency for Cultural Affairs.  
 
(2) When stopping mediation, they shall inform th e parties concerned thereof and indicate the reasons 
therefor, which shall also be reported to the Commi ssioner of the Agency for Cultural Affairs.  
 
(Mandate to Cabinet Order) 
 
Article 111.  Other than those provided for in this Ch apter, necessary matters in connection with 
procedures of mediation and mediators sh all be provided by Cabinet Order.  
 
Chapter VIII 
Penal Provisions 
 
Article 119.  The following shall be punishable by impr isonment for a term not exceeding five years 
or a fine not exceeding five million Yen, or both:   IP/N/1/JPN/C/5 
 Page 43 
 
 
  (i) any person who infringes moral rights of authors, copyright, right of publication, moral rights of performers or neighboring rights (excluding those who reproduce by themselves works or 
performances, etc. for the purpose of private use as mentioned in Article 30, paragraph (1) (including 
the case where its application mutatis mutandis is provided for under the provision of Article 102, 
paragraph (1)) , those who do an act considered to constitute an infringement on moral rights of 
authors, copyright, moral rights of performers or neighboring rights (including the rights considered 
as neighboring rights in accordance with the provisions of Article 113, paragraph (4); the same shall 
apply in Article 120bis, item (iii)) under the provisions  of Article 113, paragra ph (3) or those who do 
an act considered to constitute an infringeme nt on copyright or neighboring rights under the 
provisions of Article 113, paragraph (5);  
 
 (ii) any person who, for profit-making purposes,  causes others to use automatic reproducing 
machines mentioned in Article 30, paragraph (1 ), item (i) for such reproduction of works or 
performances, etc. as constitutes an infringement on copyright, right of pu blication or neighboring 
rights.   
Article 120.  Any person who violates the provision of Artic le 60 or Article 101ter shall be punishable 
by a fine not exceeding five million yen.  
Article 120bis.  The following shall be punishable by imprisonment for a term not exceeding three 
year or a fine not exceeding three million Yen, or both:   
 (i) any person who transfers to the public the ownership of, or lends to the public, manufactures, 
imports or possesses for transfer of ownership or le nding to the public, or offers for the use by the 
public, a device having a principal function for the circumvention of technological protection 
measures (such a device includes such a set of parts of a device as can be easily assembled) or copies of a program having a principal function for circum vention of technological protection measures, or 
transmits publicly or makes transmittable such program;  
  (ii) any person who, as a business, circumvents technological protection 
measures in response to a request from the public;  
  (iii) any person who, for profit-making purposes, does an act considered to constitute an infringement 
on moral rights of authors, copyright, moral right s of performers or neighboring rights under the 
provisions of Article 113, paragraph (3);   
 (iv) any person who, for profit-making purposes, does an act considered to constitute an infringement 
on copyright or neighboring rights under the provisions of Article 113, paragraph (5).  
 
Article 121.  Any person who distributes copies of works on which the true name or generally known 
pseudonym of a non-author is indicated as the name  of the author (including copies of derivative 
works on which the true name or generally known p seudonym of a non-author of the original work is 
indicated as the name of the original author) sh all be punishable by imprisonment for a term not 
exceeding one year or a fine not exceeding one million Yen, or both: 
 
Article 121bis.  Any person who makes, distributes or possesses for distribution copies of commercial 
phonograms reproduced from any of the following commercial phonograms (including copies of such 
commercial phonograms and those made through one or  more intervening copies) shall be punishable 
by imprisonment for a term not exceeding one year or a fine not exceeding one million Yen, or both: 
provided that such making, distribution or possession of copies is made within a period of fifty years 
from the year following the date of the first fixation of sounds on matrices of phonograms: 
   IP/N/1/JPN/C/5 
Page 44  
 
 (i) commercial phonograms which have been manuf actured, by those engaging in the business of 
manufacturing commercial phonograms in this count ry, from matrices of phonograms (except those 
phonograms falling within any of the four items of Article 8) offered by producers of phonograms;  
 
 (ii) commercial phonograms which have been manu factured, by those engaging in the business of 
manufacturing commercial phonograms outside this country, from matrices of phonograms (except 
those phonograms falling within any of the four ite ms of Article 8) offered by producers of 
phonograms who are nationals of any of the Contract ing States of the Convention for the Protection of 
Performers, etc., the members of the World Trade Organization or the Contracting States of the 
Phonograms Convention ("nationals" includes legal pers ons established under the law of such State or 
member and those who have their principal offices in such State or member).   
Article 122.  Any person who violates the provisions of Ar ticle 48 or Article 102, paragraph (2) shall 
be punishable by a fine not exceeding five hundred thousand Yen.  
 
Article 122bis.  Any person who violates an order to keep secrets shall be punishable by 
imprisonment for a term not exceeding three years or a fine not exceeding three million Yen.  
 
Article 123.  (1) In the case of offences under Article 119, Article 120bis, items (iii) and (iv), 
Article 121bis, the prosecution shall take place onl y upon the complaint of the injured person.  
 
(2) A publisher of an anonymous or a pseudonymous  work may lodge a complaint with respect to 
such work published by him, except in the cases wh ere the proviso to Article 118, paragraph (1) is 
applicable and where the complaint is cont rary to the express will of the author.  
 
Article 124.  (1) Where a representative of a legal person (including an administrator of a non-
juridical association or foundation) or an agent, an employee or any other worker of a legal person or 
a person violates the provisions mentioned in any of the following items in connection with the 
business of such legal person or such person, a fi ne under any of these items shall be imposed upon 
such legal person, and a fine under any of the Ar ticles mentioned in item (ii) shall be imposed upon 
such person, in addition to the punishment of the offender:  
 
 (i) Article 119, item (i) (except parts of the provis ions relating to moral rights of the author or the 
performer): a fine not exceeding a hundred and fifty million yen;  
 
 (ii) Article 122bis : a fine not exceeding a hundred million yen;   
 (iii) Article 119, item (i) (only parts of the provis ions relating to moral rights of the author or the 
performer) or (ii), or Article Article 120 to Ar ticle 122: a fine under any of these Articles.  
 
(2) In the case where the provision of the preceding pa ragraph applies to a non-juridical association or 
foundation, its representative or administrator sh all represent such association or foundation with 
regard to proceedings, and the provisions of the Code of Criminal Procedure which are applicable 
when a legal person is the accused or the suspect shall apply mutatis mutandis.  
 
(3) In the case of paragraph (1), a complaint lodged  against an offender or the withdrawal of such 
complaint shall be effective also with respect to  the legal person or the person concerned, and a 
complaint lodged against a legal person or a person or the withdrawal of such complaint shall be 
effective also with respect to the offender concerned.  
  IP/N/1/JPN/C/5 
 Page 45 
 
 
Supplementary Provisions 
(Date of enforcement) 
 Article 1.  This Law shall come into force on January 1, 1971. 
 
(Transitory measures: the scope of application) 
 
Article 2.  (1) The provisions relating to copyright of th e revised Copyright Law (hereinafter referred 
to as "the new Law") shall not apply to works in  which copyright under the Copyright Law before 
amendment (hereinafter referred to as "the old Law") have all expired at the time of coming into force 
of this Law. 
  
(2) With respect to works in which copyright under the old Law have partly expired at the time of 
coming into force of this Law, the provisions in the new Law concerned with the expired parts shall 
not apply.  
 (3) Notwithstanding the provisions of Articles 7 an d 8 of the new Law, the provisions relating to 
neighboring rights of the new Law (including the provisions of Article 95, Article 95ter, 
paragraphs (3) and (4), Article 97 and Article 97ter, paragraphs (3) to  (5) ; the same shall apply in 
Article 15, paragraph (1) of the Supplementary Prov isions) shall apply to performances which took 
place before the enforcement of this Law (excluding those falling within any of the items of Article 7 
of the new Law) or to phonograms composed of the sounds which were first fixed before the 
enforcement of this Law (excluding those falling within any of the items of Article 8 of the new Law), 
being performances or phonograms in which copyright  under the old Law subsists at the time of 
coming into force of this Law.   
 
(Transitory measures: translations, etc. made by the State, etc.) 
 Article 3.  With respect to works which fall within Artic le 13, item (iv) of the new Law and on which 
the right of publication under the old Law is establis hed at the time of the enforcement of this Law, 
the provision of that item shall not apply only within the duration of that right. 
 
(Transitory measures: the author of a work made under the name of a legal person, etc.) 
 Article 4.  The provisions of Articles 15 and 16 of the new Law shall not apply to works created 
before the enforcement of this Law.  
(Transitory measures: lending of books, etc.) 
 
Article 4bis.  Deleted. 
 
(Transitory measures: the ownership of co pyright in cinematographic works, etc.) 
 Article 5.  (1) The provisions of the old Law shall still apply to the ownership of copyright in 
cinematographic works, mentioned in Article 29 of  the new Law, which were created before the 
enforcement of this Law.  
  (2) The provisions of the new Law shall not prejudice the effect of the provisions of Article 24 or 25 
of the old Law on the ownership of copyright in photographic works included in other works before 
the enforcement of this Law and on the ownership of copyright in portrait photographs created on 
commission before the enforcement of this Law.  
 IP/N/1/JPN/C/5 
Page 46  
 
(Transitory measures: automatic reproducing machines) 
 
Article 5bis.  For the application of the provisions of Article 30, paragraph (1), item (i) and 
Article 119, item (ii) of the new Law, the word s "automatic reproducing machines" mentioned in 
these provisions shall not include for the time being those exclusively for use in copying writings or 
printings. 
 
(Transitory measures: artistic works placed in an open place) 
 
Article 6. The owner of copyright in an artistic work permanently placed in such an open place as 
mentioned in Article 45, paragraph (2) of the new La w at the time of the enforcement of this Law, 
shall be considered to have authorized the exhibitio n of that work by placing its original in an open 
place.  
(Transitory measures: term of protection) 
 
Article 7.  The provisions of the old Law shall still apply to the duration of copyright in works made 
public before the enforcement of th is Law, provided that the duration under the old Law is longer than 
that provided in the provisions of Section 4 of Chapter II of the new Law.  
(Transitory measures: duration of the right of translation) 
 
Article 8.  The provisions of Articles 7 and 9 of the old Law shall still be effective with respect to 
works published before the enforcement of this Law. 
 
(Transitory measures: disposal of copyright) 
 
Article 9.  The transfer and other disposal, made before  the enforcement of this Law, of copyright 
under the old Law shall be considered made unde r the new Law, except those falling within the 
provision of Article 15, paragraph (1 ) of the Supplementary Provisions. 
 
(Transitory measures: joint works) 
 
Article 10.  (1) The provisions of Article 13, paragraphs  (1) and (3) of the old Law shall still be 
effective with respect to works created before the en forcement of this Law by two or more persons in 
which the contribution of each pers on can be separately exploited. 
  
(2) For the application of the provisions of Article 51, paragraph (2) and Artic le 52, paragraph (1) of 
the new Law, works mentioned in the preceding para graph shall be considered to constitute joint 
works.  
 
(Transitory measures: exploitation of works under compulsory license) 
 Article 11.  (1) The provision of Article 69 of the ne w Law shall not apply to the making of sound 
recordings of musical works incorporated in co mmercial phonograms which were put on sale in this 
country before the enforcement of this Law.  
 (2) The person who would be entitled to exploit wo rks in accordance with th e provision of Article 
22quinquies, paragraph (2) or Article  27, paragraph (1) or (2) of the old Law shall be entitled to 
continue to exploit these works in  accordance with such provision.  
 
(3) The amount of compensation fixed by the Co mmissioner of the Agency for Cultural Affairs in 
accordance with the provision of Article 22quinquies, para graph (2) or Article 27, paragraph (2) of the 
old Law shall be considered as that fixed in accord ance with the provision of Article 68, paragraph (1)  IP/N/1/JPN/C/5 
 Page 47 
 
 
or Article 67, paragraph (1) of the new Law, and the provisions of Articles 72 and 73 of the new Law 
shall apply.   
(4) In the preceding paragraph, where the parties concerned who are dissatisfied with the amount of 
compensation learn of the issuance of a license be fore the enforcement of this Law, a period 
mentioned in Article 72, paragraph (1) of the new Law shall be calculated from the date of 
enforcement of this Law.  
 
(Transitory measures: registrations) 
 
Article 12.  (1) The disposal of and procedures for registrations of copyright, of the true name or of 
the date of first publication mentioned in Article 15 of the old Law, made before the enforcement of 
this Law, shall be considered as  those mentioned in Articles 75 to 77 of the new Law, except those 
falling within the provision of Article 15, para graph (3) of the Supplementary Provisions.  
 
(2) The provision of Article 35, paragraph (5) of th e old Law shall still be effective with respect to 
works, the date of first publication of which, at the time of the enforcement of this Law, is registered 
in accordance with the provision of Article 15, paragraph (3) of the old Law.  
 
(Transitory measures: right of publication) 
 
Article 13. (1) The right of publication under the old Law which was established before the 
enforcement of this Law and whic h subsists at the time of enforcement of this Law shall be 
considered to be established under the new Law.  
 
(2) The disposal of and procedures for registrations  of the right of publication mentioned in Article 
28decies of the old Law, made before the enforcemen t of this Law, shall be considered as those 
mentioned in Article 88 of the new Law.  
 
(3) Notwithstanding the provisions of Articles 80 to 85 of the new Law, the provisions of Articles 28ter to 28octies of the old Law shall still be  effective with respect to the right of publication 
mentioned in paragraph (1) of this Article.  
 Article 14.  Deleted. 
 
(Transitory measures: neighboring rights) 
 Article 15.  (1) The transfer and other disposal, made befo re the enforcement of this Law, of copyright 
under the old Law in performances which took place before the enforcement of this Law or in 
phonograms composed of the sounds which were first fi xed before the enforcemen t of this Law, being 
performances or phonograms to which the provision s relating to neighboring rights of the new Law 
shall apply as from the date of enforcement of this La w, shall be considered as the transfer and other 
disposal of neighboring rights in such performances or phonograms under the new Law.  
  
(2) Where the duration of neighboring rights in performances or phonograms, mentioned in the 
preceding paragraph, in which copyright under the ol d Law subsists at the time of coming into force 
of this Law is to expire after the end of a period provided in Article 101 of the new Law, the duration 
of neighboring rights in such performances or phono grams shall, notwithstanding the provisions of 
that Article, expire at the end of the duration of  copyright in such performances or phonograms or 
under the old Law or at the end of a period of fift y years following the date of enforcement of this 
Law if the duration of copyright in such perform ances or phonograms under the old Law is to expire 
after the end of that period.   
 IP/N/1/JPN/C/5 
Page 48  
 
(3) The disposal of and procedures for registrati ons of copyright in performances or phonograms, 
mentioned in paragraph (1) of this Article, made before the enforcement of this Law in accordance 
with the provision of Article 15, paragraph (1) of th e old Law, shall be consid ered made in accordance 
with the provision of Article 104 of the new Law.  
 (4) The provisions of Article 10, paragraph (1) an d Article 12, paragraph (2) of the Supplementary 
Provisions shall apply mutatis mutandis to perfo rmances and phonograms menti oned in paragraph (1) 
of this Article.  
 
(Transitory measures: distribution, etc. of copies) 
 Article 16.  Copies of works, performances or phonograms which were made before the enforcement 
of this Law and which would be lawful under the pr ovisions of Subsection 5 of Section 3 of Chapter 
II of this Law (including the case where their application mutatis mutandis is provided for under 
Article 102, paragraph (1) of the new Law) may be used  or distributed to the extent of the purpose of 
the reproduction as mentioned in these provisions. In this case, the provision of Article 113, paragraph (1), item (ii) of the new Law shall not apply. 
 
(Transitory measures: infringements) 
 Article 17.  Notwithstanding the provisions of Article  14 and Chapter VII of the new Law, the 
provisions of Articles 12, 28undecies, 29, 33 and 34, Artic le 35, paragraphs (1) to (4), and Articles 36 
and 36bis of the old Law shall still apply to acts, ma de before the enforcement of this Law, which 
violate the provision of Article 18, paragraph (1) or (2) of the old Law or which fall within the 
infringements provided for in Chapter III of the ol d Law (including acts infringing the right of 
publication). 
 
(Transitory measures: penal provisions) 
 
Article 18.  The penal provisions of the old Law shall s till apply to acts made before the enforcement 
of this Law.  
 
Supplementary Provisions 
(Law No.49, of 1978) 
 
(Date of enforcement) 
 1. This Law shall come into force as from the day on which the Convention for the Protection of 
Producers of Phonograms Against Unauthorized Dupl ication of Their Phonograms becomes effective 
with respect to Japan. [This Law came into force on October 14, 1978.] 
 
(Transitory measures) 
 2. The provisions relating to neighboring rights of the amended Copyright Law shall not apply to the 
phonograms, mentioned in Article 8, item (iii) of the amended Copyright Law, which are composed 
of the sounds first fixed before  the enforcement of this Law. 
 
Supplementary Provisions (Extract) 
(Law No.45, of 1981) 
 
(Date of enforcement) 
 
1. This Law shall come into force on the date of its promulgation. [This Law came into force 
on May 19, 1981.]   IP/N/1/JPN/C/5 
 Page 49 
 
 
  
Supplementary Provisions (Extract) 
(Law No.78, of 1983) 
 
(Date of enforcement) 
 
1. This Law (except Article 1) sha ll come into force on July 1, 1984. 
 
 
Supplementary Provisions (Extract) 
(Law No.23, of 1984) 
 
(Date of enforcement) 
 
1. This Law shall come into force twenty days afte r the date of its promulgation. [This Law came into 
force on May 21, 1984.] 
 
Supplementary Provisions 
(Law No.46, of 1984) 
 
(Date of enforcement) 
 1. This Law shall come into force on January 1, 1985. 
 
(Repeal of the Interim Measure Law) 
 
2. The Law to Take an Interim Me asure for the Protection of the Rights of Authors, etc. with Respect 
to the Lending of Commercial Phonograms to the Pub lic (Law No.76, of 1983; hereinafter referred to 
as "the Interim Measure Law") shall be hereby repealed.  
(Transitory measures required by the repeal of the Interim Measure Law) 
 
3. Notwithstanding the provisions of Articles 26bis,  95bis and 97bis of the amended Copyright Law, 
those who have obtained authorization with respect to the lending to the public of commercial 
phonograms in accordance with the provisions of the Interim Measure Law before the enforcement of 
this Law may offer to the public  such works, performances and phonograms as reproduced in such 
commercial phonograms by lending such commercial phonograms, within the scope of conditions of 
that authorization.  
4. The provisions of the Interim Measure Law (i ncluding a Cabinet Order under it) shall still be 
effective with respect to acts made before the enfor cement of this Law in violation of the provision of 
Article 4, paragraph (1) of the Interim Measure Law.  
 
 
Supplementary Provisions (Extract) 
(Law No.62, of 1985) 
 
(Date of enforcement) 
 
1. This Law shall come into force on January 1, 1986. However, the provision for amendment to 
insert Article 76bis next to Article 76 and the ame nded provision of Article 78,  paragraph (1) as well 
as the provision of paragraph 6 of the Supplementary Provisions shall come into force on the date of 
enforcement of the law mentioned in Article 78bis of the amended Copyright Law [on April 1, 1987]. IP/N/1/JPN/C/5 
Page 50  
 
  
(Transitory measures: works made by an employee in the course of his duties) 
 
2. The provisions of Article 15 of the amended C opyright Law shall still apply to works created after 
the enforcement of this Law, and the provision of Article 15 of the Copyright Law before amendment 
shall still apply to works created before the enforcement of this Law. 
 
(Transitory measures: registration of the date of creation) 
 
3. The provision of the proviso to Article 76bis, para graph (1) shall not apply to the registration made 
under the provision of the same paragraph of program  works created within six months before the 
date of enforcement of the law referred to in Ar ticle 78bis of the amended Copyright Law, until the 
lapse of three months from that date of enforcement. 
 
(Transitory measures: use of copies of program works) 
 4. The provision of Article 113, paragraph (2) of  the amended Copyright Law shall not apply to 
copies of a program work which we re made before the enforcement of this Law and which would be 
lawful and could be preserved under the provisions of Article 47bis of the amended Copyright Law. 
 
(Transitory measures: penal provisions) 
 5. The penal provisions of the Copyright Law before  amendment shall still apply to acts made before 
the enforcement of this Law. 
 
Supplementary Provisions 
(Law No.64, of 1986) 
 
(Date of enforcement) 
 1. This Law shall come into force on January 1, 1987. 
 
(Transitory measures: ownership of copyrigh t in cinematographic works made for wire 
diffusion purposes) 
 
2. The provisions of Article 29 of the Copyright Law before amendment shall still apply to the 
ownership of copyright in cinematographic works,  mentioned in Article 29, paragraph (3) of the 
amended Copyright Law, which were created  before the enforcement of this Law. 
 
(Transitory measures: neighboring rights of wire diffusion organizations and performers) 
 
3. The provisions of the amended Copyright Law relating to neighboring rights of wire diffusion 
organizations and performers (including the provision s of Article 95 and Article 95ter, paragraphs (3) 
and (4)) shall not apply to wire diffusions which took  place before the enforcement of this Law nor to 
performances transmitted through such wire diffusions  (excluding such performances as fall within 
items (i) to (iii) of Article 7 of the Copyright Law).  
(Transitory measures: penal provisions) 
 
4. The penal provisions of the Copyright Law before  amendment shall still apply to acts made before 
the enforcement of this Law. 
  IP/N/1/JPN/C/5 
 Page 51 
 
 
Supplementary Provisions 
(Law No.87, of 1988) 
 
(Date of enforcement) 
 
1. This Law shall come into force twenty days afte r the date of its promulgation. [This Law came into 
force on November 21, 1988.] 
 
(Transitory measures) 
 
2. The provision of Article 121, item (ii) of th e amended Copyright Law shall not apply to the 
following acts made after the enforcement of this Law: 
   (i) the making or the distribution of copies of commercial phonograms reproduced from commercial 
phonograms which have been manufactured, by th ose engaging in the business of manufacturing 
commercial phonograms in this country, from ma trices of phonograms (except those phonograms 
falling within any of the three items of Article 8) offered by producers of phonograms (in the next 
item, referred to as "commercial phonograms whic h have been manufactured from matrices coming 
from certain foreign countries") and in relation to wh ich twenty years from the year following the date 
of the first fixation of sounds on the matrices (in the next item, referred to as "a prohibition period 
before amendment") have passed before  the enforcement of this Law;   
 (ii) the distribution of copies, made before a prohibition period before amendment has passed, of 
commercial phonograms which have been manufact ured from matrices coming from certain foreign 
countries and in relation to which a prohibition pe riod before amendment has passed before the 
enforcement of this Law. 
 
Supplementary Provisions 
(Law No.43, of 1989) 
 
(Date of enforcement) 
 
1. This Law shall come into force as from the day on which the International Convention for the 
Protection of Performers, Producers of Phonogr ams and Broadcasting Organizations becomes 
effective with respect to Japan. [This La w came into force on October 26, 1989.] 
 
(Transitory measures: performances, etc. to wh ich Japan has the obligation to grant protection 
under a treaty) 
 
2. The provisions relating to neighboring rights (inc luding the provisions of Articles 95 and 97) of the 
amended Copyright Law (hereinafter referred to as "t he new Law") shall not apply to the following: 
   (i) performances, mentioned in Article 7, item (v) of the new Law, which took place before the 
enforcement of this Law;  
 
 (ii) phonograms, mentioned in Article 8, item (iii) of the new Law, which are composed of the sounds 
first fixed before the enforcement of this Law (e xcluding those phonograms as referred to in the next 
paragraph);  
 
 (iii) broadcasts, mentioned in Article 9, item (iii) of the new Law, which took place before the 
enforcement of this Law.  
 
3. The Copyright Law before amendment shall s till apply to phonograms, mentioned in Article 8, 
item (iii) of the new Law, which are composed of th e sounds first fixed before the enforcement of this IP/N/1/JPN/C/5 
Page 52  
 
Law and to which Japan has the obligation to gran t protection under the Convention for the Protection 
of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms.  
(Transitory measures: foreign performers who did not have habitual residence in this country) 
 
4. The provisions relating to neighboring right s (including the provisions of Article 95 and 
Article 95ter, paragraphs (3) and (4) ) of the ne w Law shall not apply to foreign performers whose 
performances took place before the enforcement of th is Law and who did not ha ve habitual residence 
in this country at the time when their perform ances took place, provided that their performances do 
not fall within those which took place before the enforcement of the Copy right Law and in which 
copyright under the old Copyright Law (Law No.39, of  1899) subsists at the time of coming into force 
of the Copyright Law.  
 
Supplementary Provisions 
(Law No.63, of 1991) 
 
(Date of enforcement) 
 
1. This Law shall come into force on January 1, 1992.  
(Transitory measures) 
 
2. The amended provisions of Article 95ter shall not  apply to performances, mentioned in Article 7, 
item (v), which took place before the enforcemen t of the Law for Partial Amendments to the 
Copyright Law (Law No. 43, of 1989; in the next pa ragraph, item (ii) referre d to as "the Amendments 
Law of 1989"). 
 3. The amended provisions of Article 97ter shall not apply to the following phonograms: 
  
 (i) phonograms (excluding those mentioned in Articl e 8, item (i) or (ii)) to which Japan has the 
obligation to grant protection under the Conventi on for the Protection of Producers of Phonograms 
Against Unauthorized Duplication of Their Phonogram s (in the next item and paragraph 5, item (iii) 
of the Supplementary Provisions, referred to as "the Phonograms Convention") and which are 
composed of the sounds first fixed before the enfo rcement of the Law for Partial Amendments to the 
Copyright Law (Law No. 49, of 1978);   
  (ii) phonograms, mentioned in Article 8, item (iii)  (excluding those to whic h Japan has the obligation 
to grant protection under the Phonograms Convention), which are composed of the sounds first fixed 
before the enforcement of the Amendments Law of 1989.   
4. The provision before amendment of Article 95ter, paragraph (2) shall still apply to the starting date 
of calculating a period for commercial phonograms going beyond the period, mentioned in Article 95ter, paragraph (2), with respect to the right of performers and producers of phonograms to 
offer to the public, by means of lending, thei r commercial phonograms first sold before the 
enforcement of this Law, provided that such commercial phonograms are those in which 
performances mentioned in Article 7, items (i) to (i v) or phonograms mentioned in Article 8, item (i) 
or (ii) are incorporated.  
5. The amended provisions of Article 121bis shall no t apply to any of the following acts made after 
the enforcement of this Law:   
 (i) the making, the distribution or the possessi on for distribution, of copies of commercial 
phonograms reproduced from commercial phonograms (including copies of such commercial phonograms and those made through one or more inte rvening copies) which have been manufactured,  IP/N/1/JPN/C/5 
 Page 53 
 
 
by those engaging in the business of manufacturing commercial phonograms in this country, from matrices of phonograms (except those phonograms falling within any of the four items of Article 8) 
offered by producers of phonogams (in the ne xt item, referred to as "commercial phonograms 
manufactured from matrices coming from certain forei gn countries") and in relation to which twenty 
years from the year following the date of the first fixation of sounds on the matrices (in the next item, referred to as "a prohibition period of twenty years" ) have passed before the enforcement of the Law 
for Partial Amendments to the Copyright Law (Law  No. 87, of 1988; in the next item and item (iii), 
referred to as "the Amendments Law of 1988");  
 
 (ii) the distribution or the possession for distribution of commercial phonograms which are reproduced, within a prohibition period of twenty years, from commercial phonograms manufactured 
from matrices coming from certain foreign countries and in relation to which a prohibition period of 
twenty years have passed before the enforc ement of the Amendments Law of 1988;   
 
 (iii) the making, the distribution or the possess ion for distribution, of copies of commercial 
phonograms reproduced from commercial phonograms (including copies of such commercial phonograms and those made through one or more inte rvening copies) which have been manufactured, 
by those engaging in the business of manufacturi ng commercial phonograms outside the jurisdiction 
of the Copyright Law, from matrices of phonogram s (except those phonograms falling within any of 
the four items of Article 8) offered by producer s of phonograms who are nationals of any of the 
Contracting States of the International Conventio n for the Protection of Performers, Producers of 
Phonograms and Broadcasting Organizations or of  the Phonograms Convention ("nationals" includes 
legal persons established under the law of such Stat e and those who have their principal offices in 
such State) and in relation to which twenty years from the year following the date of the first fixation 
of sounds on the matrices have passed before the enforcement of the Amendments Law of 1988.  
 
6. The penal provisions before amendment shall appl y to acts made before the enforcement of this 
Law. 
 
Supplementary Provisions 
(Law No.106, of 1992) 
 
(Date of enforcement) 
 1. This Law shall come into force on the date fixe d by Cabinet Order within six months from the date 
of its promulgation. [This Law came into force on June 1, 1993.] However, the provision amending 
the Table of Contents, the provision renumberi ng Chapter VII as Chapter VIII, Chapter VI as 
Chapter VII, and Chapter V as Chapter VI and in serting the new Chapter V next to Chapter VI 
(except the parts relating to Article 104quate r, Article 104quinquies and Article 104octies, 
paragraphs (1) and (3) ) and the provision amendi ng Article 17 of the Supplementary Provisions shall 
come into force on the date of promulgation of this Law [on December 16, 1992]. 
 
(Transitory measures) 
 
2. The provisions of the amended Copyright Law sh all not apply to such private sound or visual 
recording as made on a specified recording medium  purchased (the word "purchased" means "initially 
purchased after retail"; the same shall apply hereinaf ter) before the date of enforcement of this Law 
(hereinafter referred to as "the date of enforc ement") by means of a specified recording machine 
purchased before the date of enforcement. 
 3. When private recording is made on a specified  recording medium purchased after the date of 
enforcement by means of a specified recording mach ine purchased before the date of enforcement, 
compensation for private recording shall be consider ed to have been paid with respect to such 
recording machine in accordance with the provision of Article 104quater, paragraph (1) of the IP/N/1/JPN/C/5 
Page 54  
 
amended Copyright Law. The same shall apply to a specified recording medium, purchased before the 
date of enforcement, on which private recording is  made by means of a specified recording machine 
purchased after the date of enforcement.  
 
Supplementary Provisions (Extract) 
(Law No.89, of 1993) 
 
(Date of enforcement) 
 
Article 1. This Law shall come into force as from  the date of enforcement of the Administrative 
Procedures Law (Law No.88, of 1993). [This Law came into force on October 1, 1994.]  
 
Supplementary Provisions 
(Law No.112, of 1994) 
 
(Date of enforcement) 
 1. This Law shall come into force on the date fi xed by Cabinet Order within one year from the day 
following the day on which the Marrakesh Agreem ent Establishing the World Trade Organization 
becomes effective with respect to Japan. [Thi s Law came into force on January 1, 1996.] 
 
(Application of the provisions relating to neighboring rights) 
 2. The provisions of paragraph 3 of the Supplementa ry Provisions of the Law for Partial Amendments 
to the Copyright Law (Law No.64, of 1986), paragr aph 2 of the Supplementary Provisions of the Law 
for Partial Amendments to the Copyright Law (Law No.43, of 1989; hereinafter referred to as "the 
Amendments Law of 1989") and paragraph 2 of the Supplementary Provisions of the Law for Partial 
Amendments to the Copyright Law (Law No.63, of 1991; in paragraph 4 of the Supplementary 
Provisions of this Law referred to as "the Amendmen ts Law of 1991") shall not apply, in case of the 
application of the provisions relating to neighborin g rights (including the provisions of Article 95ter, 
paragraphs (3) and (4)) of the Copyright Law ame nded by the provisions of Article 1 of this Law 
(hereinafter referred to as "the new Law") to the perf ormances mentioned in Article 7, item (iv) of the 
new Law (excluding those falling within the performan ces mentioned in Article 7, items (i) to (iii)) 
which fall within the following performances, or to the performances mentioned in Article 7, item (v) 
of the new Law which fall within the following performances: 
   (i) performances which took place in a member of the World Trade Organization;  
 
 (ii) performances fixed in the following phonogr ams:  (a) phonograms the producers of which are 
nationals of any of the members of the World Tr ade Organization ("nationals" includes legal persons 
established under the law of such member and those who have their principal offices in such member; 
the same shall apply hereinafter); (b) phonograms co mposed of the sounds which were first fixed in 
any of the members of the World Trade Organization;   
  
 (iii) performances transmitted through the followi ng broadcasts, excluding those incorporated in 
sound or visual recordings before the transmission wi th the authorization of the performers concerned:  
(a) broadcasts transmitted by broa dcasting organizations who are nati onals of any of the members of 
the World Trade Organization;  (b) broadcasts tran smitted from transmitters situated in any of the 
members of the World Trade Organization.  
  3. The provisions of paragraph 4 of the Supplem entary Provisions of the Amendments Law of 1989 
shall not apply, in case of the application of the provisions relating to ne ighboring rights of the new 
Law (including the provisions of Article 95ter, pa ragraphs (3) and (4)) to foreign performers whose 
performances are mentioned in the preceding paragr aph, items (i) to (iii)  and who did not have  IP/N/1/JPN/C/5 
 Page 55 
 
 
habitual residence in this country at the time  when their performances took place.The Provisions of 
paragraph   
4. The Provisions of paragraph 2 of the Supplementa ry Provisions of the Law for Partial Amendments 
to the Copyright Law (Law No.49, of 1978), paragra phs 2 and 3 of the Supplementary Provisions of 
the Amendments Law of 1989, and paragraph 3 of the Supplementary Provisions of the Amendments 
Law of 1991 shall not apply, in case of the applicati on of the provisions relating to neighboring rights 
of the new Law (including the provisions of Article  97ter, paragraphs (3) to (5)) to the following 
phonograms:  
  (i) phonograms, mentioned in Article 8, item (iii) of the new Law, which fall within the following 
phonograms:  (a) phonograms the producers of which are nationals of any of the members of the 
World Trade Organization; (b) phonograms composed of  the sound which were first fixed in any of 
the members of the World Trade Organization;   
  
 (ii) phonograms, mentioned in Article 8, item (iv) of the new Law, to whic h Japan has the obligation 
to grant protection under the Convention for th e Protection of Producers of Phonograms Against 
Unauthorized Duplication of Their Phonograms (in paragraph 6 of the Supplementary Provisions of 
this Law, referred to as "the Phonograms Convention").   
5. The Provisions of paragraph 2 of the Supplemen tary Provisions of the Amendments Law of 1989 
shall not apply, in case of the application of the provisions relating to ne ighboring rights of the new 
Law to the broadcasts, mentioned in the Article 9,  item (iii) of the new Law, which fall within the 
following broadcasts:  
 
 (i) broadcasts transmitted by broadcasting organizati ons who are nationals of any of the members of 
the World Trade Organization;   
 (ii) broadcasts transmitted from transmitters situat ed in any of the members of the World Trade 
Organization.   
(Transitory measures: the making, etc. of copies of commercial phonograms manufactured 
from matrices coming from foreign countries) 
 6. The provisions of the Article 121bis of the new Law shall not apply to the making, the distribution 
or the possession for distribution, act made after the enforcement of this Law, of copies of commercial 
phonograms reproduced from commercial phonograms (including copies of such commercial 
phonograms and those made through one or more inte rvening copies) which have been manufactured, 
by those engaging in the business of manufacturi ng commercial phonograms outside the jurisdiction 
of the Copyright Law, from matrices of phonogram s (except those phonograms falling within any of 
the five items of Article 8 of the new Law) o ffered by producers of phonogram s who are nationals of 
any of the members of the World Trade Organizati on (except nationals of any of the Contraction 
States of the International Convention for the Pr otection of Performers, Producers of Phonograms and 
Broadcasting Organizations or of the Phonogram s Convention ("nationals" includes legal persons 
established under the law of such State and those who have their principal offices in such State)) and 
in relation to which twenty years from the year follo wing the date of the first fixation of sounds on the 
matrices have passed before the enforcement of th e Law for Partial Amendments to the Copyright 
Law (Law No.87, of 1988).  
 IP/N/1/JPN/C/5 
Page 56  
 
Supplementary Provisions (Extract) 
(Law No.91, of 1995) 
 
(Date of enforcement) 
 
Article 1.  This Law shall come into force twenty days after the date of its promulgation. [This Law 
came into force on June 1, 1995.]  
 
Supplementary Provisions 
(Law No.117, of 1996) 
 
(Date of enforcement) 
 
1. This Law shall come into force on the date fi xed by Cabinet Order within three months from the 
date of its promulgation. [This Law came into force on March 25, 1997.] 
 
(Transitory measures: term of pr otection for photographic works) 
 
2. The provisions relating to the term of protecti on for works of the amended Copyright Law (in next 
paragraph, referred to as "the new Law") shall a pply to photographic works in which copyright under 
the Copyright Law before amendment subsists at the time of coming into force of this Law, and the 
provisions relating to the term of protection for wo rks of the copyright Law before amendment shall 
still apply to photographic works in which copyrigh t under the Copyright Law before amendment has 
expired at the time of coming into force of this Law. 
 
3. Where the duration of copyright, in photographic works created before the enforcement of this 
Law, under the provisions relating to the term of protection for works of the Copyright Law before 
amendment (hereinafter referred to as "the old Law" ) is to expire after the end of the duration of 
copyright under the new Law, the duration of copyright in such photographic words shall, 
notwithstanding the provisions of the new Law, expi re at the end of the duration of copyright under 
the old Law.  
 
Supplementary Provisions 
(Law No.86, of 1997) 
 
(Date of enforcement) 
 1. This Law shall come into force on January 1, 1998. 
 
(Transitory measures: works, etc. in a state that the interactive transmission thereof can be 
made) 
 
2. The provision of Article 23, paragraph(1), Ar ticle 92bis, paragraph(1) or Article 96bis of the 
revised Copyright Law (hereinafter referred to as  "the new Law") shall not apply to the making 
transmittable, by means of an interactive transmis sion server mentioned in Article 2, paragraph(1), 
item (ixquinquies) of the new Law, of such works, performances (only those mentioned in Article 92, 
paragraph(2), item (ii) of the Copyright Law before  amendment (hereinafter referred to as "the old 
Law"); the same shall apply hereinafter in this para graph) or phonograms as have been in a state that 
the interactive transmission thereof can be made at the time of coming into force of this Law, by a 
person who has made transmittable such works, pe rformances or phonograms through such interactive 
transmission or, if such a person is different fro m a person who, by means of such interactive 
transmission server for such making transmittable of such works, performances or phonograms, has 
put such works, performances or phonograms in a state that the interactive transmission thereof can be 
made at the time of coming into force of this Law, by the latter.  IP/N/1/JPN/C/5 
 Page 57 
 
 
 3. The provision of Article 92, paragraph(1) of th e old Law shall still be effective, even after the 
enforcement of this Law, with respect to perform ances (other than those mentioned in Article 92, 
paragraph(2), item (ii)) which have been in a stat e that the interactive transmission thereof can be 
made at the time of coming into force of this Law.  
(Transitory measures: penal provisions) 
 4. The penal provisions of the old Law shall still a pply to acts made before the enforcement of this 
Law.   
Supplementary Provisions (Extract) 
(Law No.101, of 1998) 
 
(Date of enforcement) 
 
Article 1.  This Law shall come into force on April 1, 1999.  
 
Supplementary Provisions (Extract) 
(Law No.77, of 1999) 
 
(Date of enforcement) 
 1. This Law shall come into force on January 1, 2000. However, the amended provisions inserting the 
new items (xx) and (xxi) next to item (xix) of Ar ticle 2, paragraph (1), the amended provisions of 
Article 30, paragraph (1), the amended provisi ons of Article 113, the amended provisions of 
Article 119, the amended provisions inserting the ne w Article 120bis next to Article 120, the amended 
provisions of Article 123, paragraph (1), the amende d provisions of Article 5bis of the Supplementary 
Provisions [Law No.49, of 1970] and the provisions of paragraph 5 of the Supplementary Provisions 
[Law No.77, of 1999] shall come into force on October 1, 1999.   
(Transitory measures) 
 
2. The provisions of Article 26bis, paragraph (1),  Article 95bis, paragraph (1) and Article 97bis, 
paragraph (1) of the amended Copyright Law shall no t apply in the case of the transfer of ownership 
of such originals or copies of works, of such s ound or visual recordings of performances or of such 
copies of phonograms as subsisting at the time of en forcement of this Law (only those made without 
prejudice to the right of persons who have the right mentioned in Article 21, Article 91, paragraph (1) 
or Article 96 of the Copyright Law and excluding copi es of works made by the owners of the right of 
publication).  
 
3. The provision of Article 26bis, paragraph (1) of the amended Copyright Law shall not apply to such 
distribution of copies of works, on which the right  of publication is established, as made within the 
duration of such right by persons who have such right which was established before the enforcement 
of this Law and which subsists at the time of enforcement of this Law.  
 
4. The Provisions of the Copyright Law before amendment shall still apply to such distribution of copies of works, made within the duration of the right of publication, as made by persons who had 
such right after the termination of such right (onl y such right established before the enforcement of 
this Law).   
5. For a period from October 1, 1999 to the day be fore the date of enforcement of this Law, 
"Article 95ter, paragraph (3)" and "Article 97ter, paragraph (3)" in Article 113, paragraph (4) of the IP/N/1/JPN/C/5 
Page 58  
 
amended Copyright Law shall read "Article 95bis, paragraph (3)" a nd "Article 97bis, paragraph (3)", 
respectively.   
6. In the case where the date of enforcement of th e Law for the Readjustment, etc. of Related Laws 
Required in Consequence of the Enforcement of th e Law for the Disclosure of Information Possessed 
by Government Organizations (Law No.43, of 1999;  hereinafter referred to as "the Readjustment 
Law" is preceded by the date of enforcement of th is Law, "Article 42, Artic le 42bis" and "Article 42 
or 42bis" in Article 47ter of the amended Copyright  Law shall read "Article 42" and "or Article 42", 
respectively, for a period until the day before the da te of enforcement of the Readjustment Law.  
 7. The penal provisions of the Copyright Law before  amendment shall still apply to acts done before 
the enforcement of this Law and to acts done after the enforcement of this Law in the case where the 
provisions of the Copyright  Law before amendment shall still appl y in accordance with the provisions 
of paragraph 4 of the Supplementary Provisions [Law No.77, of 1999]  
 
Supplementary Provisions (Extract) 
(Law No.43, of 1999) 
 
(Date of enforcement) 
 Article 1.  This Law shall come into force as from th e date of enforcement of the Law for the 
Disclosure of Information Possessed by Government Organizations (Law No.42, of 1999; hereinafter 
referred to as "the Information Disclosure Law").  
 
(Transitory measures required by partia l amendments to the Copyright Law) 
 
Article 2.  The Provisions of Article 18, paragraph (3) of the Copyright Law amended by the 
provisions of Article 11 shall not apply to works which have not yet been made public (including 
works which have been made public without consen t of the authors) and which the authors have 
offered, before the enforcement of this Law, to government organizations or local public entities 
mentioned in the provisions of Article 2, para graph (1) of the Information Disclosure Law.  
 
Supplementary Provisions (Extract) 
(Law No.160, of 1999) 
 
Article 1.  This Law (Except Articles 2 and 3) shall come  into force on January 6, 2001. However, the 
following provisions shall come into force as from the day mentioned in each item concerned: 
   (i), (ii): [Omitted]  
 
Supplementary Provisions (Extract) 
(Law No.220, of 1999) 
 
Article 1.  This Law (except Article 1) shall come into force on January 6, 2001. However the 
following provisions shall come into force as from the day mentioned in any of the following items: 
   (i) to (iii) [omitted]  
 
Supplementary Provisions 
(Law No.56, of 2000) 
 
(Date of enforcement) 
 1. This Law shall come into force on January 1, 2001. However, the amende d provisions of Article 58 
of the Copyright Law in Article 1 and the provisions of Article 2 shall come into force as from the day 
on which the WIPO Copyright Treaty becomes effective with respect to Japan.   IP/N/1/JPN/C/5 
 Page 59 
 
 
 
(Transitory measures: award of an amount of damages) 
 2. The provisions of Article 114quater of the Copy right Law amended by the provisions of Article 1 
shall not apply to such cases as those in which, prior to the enforcement of this Law, oral proceedings 
have been terminated in higher courts or in district  courts in the second instance, or in which there has 
been an agreement as not to make an  appeal with the reservation of the right to appeal to a decision by 
a summary court or a decision by a district court in the first instance.  
 
(Transitory measures: penal provisions) 
 3. The penal provisions of the copyright Law befo re amendment shall still apply to acts done before 
the enforcement of this Law.   
Supplementary Provisions 
(Law No.72, of 2002) 
 
(Date of enforcement) 
 
1. The provisions of this Law shall come into for ce as from the day mentioned in any of the following 
items, as follows:   
  (i) the amended provisions of Articles 7, 8, 95,  95ter, 97 and 97ter as well as the provisions of 
paragraphs 2 to 4, 6, 7 and 9 of the Supplem entary Provisions: the day on which the WIPO 
Performances and Phonograms Treaty (h ereinafter referred to as "the  WPPT") becomes effective with 
respect to Japan;  
  (ii) the amended provisions of the Table of Contents (only parts of the provision renumbering 
Article 100quater as Article 100quinqui es) and of Article 89, paragraph (4), the provision inserting 
the new Article 99bis next to Article 99, the provisions renumbering Article 100quater as Article 
100quinquies and inserting the new Article 100quate r next to Article 100ter and the amended 
provisions of Article 103: January 1, 2003;   
  (iii) the provisions other than those mentioned in  the preceding two paragraphs: the day on which the 
WPPT becomes effective with respect to Japan or January 1, 2003 whichever earlier. 
   
(Application of the provisions relating to neighboring rights) 
 
2. The provisions of paragraph 3 of the Supplementa ry Provisions of the Law for Partial Amendments 
to the Copyright Law (Law No.64, of 1986), paragr aph 2 of the Supplementary Provisions of the Law 
for Partial Amendments to the Copyright Law (Law No.43, of 1989; hereinafter referred to as "the 
Amendments Law of 1989") and paragraph 2 of the Supplementary Provisions of the Law for Partial 
Amendments to the Copyright Law (Law No.63, of  1991; hereinafter referred to as "the Amendments 
Law of 1991") shall not apply, in case of the app lication of the provisions relating to neighboring 
rights (including the provisions of Article 95 and Article 95ter, paragraphs  (3) and (4)) of the 
amended Copyright Law (hereinafter referred to as "the New Law") to the pe rformances mentioned in 
Article 7, item (iv) of the new Law (excluding t hose falling within the performances mentioned in 
Article 7, items (i) to (iii)) which fall within th e following performances, or to the performances 
mentioned in Article 7, item (v) of the new La w which fall within the following performances:  
 
 (i) performances which took place in a Contracting Party to the WPPT;  
 IP/N/1/JPN/C/5 
Page 60  
 
 (ii) performances fixed in the following phonogr ams:  (a) phonograms the producers of which are 
nationals of any of the Contracting Parties to the WPPT ("nationals" includes legal persons 
established under the law of such Contracting Party a nd those who have their principal offices in such 
Contracting Party; the same shall apply herein after); (b) phonograms composed of the sounds which 
were first fixed in any of the Contracting Parties to the WPPT.    
3. The provisions of paragraph 4 of the Supplem entary Provisions of the Amendments Law of 1989 
shall not apply, in case of the application of the provisions relating to ne ighboring rights of the new 
Law (including the provisions of Article 95 and Ar ticle 95ter, paragraphs (3) and (4)) to foreign 
performers whose performances are mentioned in the preceding paragraph, items (i) and (ii) and who 
did not have habitual residence in this country at the time when their performances took place.  
 
4. The provisions of paragraph 2 of the Supplementa ry Provisions of the Law for Partial Amendments 
to the Copyright Law (Law No.49, of 1978), paragra phs 2 and 3 of the Supplementary Provisions of 
the Amendments Law of 1989, and paragraph 3 of the Supplementary Provisions of the Amendments 
Law of 1991 shall not apply, in case of the applicati on of the provisions relating to neighboring rights 
of the new Law (including the provisions of Article 97 and Article 97ter, paragraphs (3) to (5)) to the 
following phonograms:  
  (i) phonograms, mentioned in Article 8, item (ii)  of the new Law, which fall within the following 
phonograms:  (a) phonograms the producers of which are nationals of any of the Contracting Parties 
to the WPPT; (b) phonograms composed of the s ounds which were first fixed in any of the 
Contracting Parties to the WPPT;  
  
 (ii) phonograms, mentioned in Article 8, item (iv) of the new Law, to whic h Japan has the obligation 
to grant protection under the Convention for th e Protection of Producers of Phonograms Against 
Unauthorized Duplication of Their Phonograms.  
(Transitory measures: moral rights of performers) 
 
5. The provisions of Article 90bis, paragraph (1) an d Article 90ter, paragraph (1) of the new Law shall 
not apply to performances fixed in sound or visual  recordings which have been made with the 
authorization of the performer concerned before th e enforcement of this Law, except in the case 
where, after the enforcement of this Law, the na me of the performer concerned indicated at his 
performances is deleted or altered, or the name of the performer  concerned is newly indicated at his 
performances, or his performances are altered.   
(Transitory measures: secondary use of commercial phonograms) 
 
6. Notwithstanding the provisions of Article 95, pa ragraph (2) of the new Law, the provisions of 
paragraph (4) of that Article shall apply, in case of the application of the provisions of paragraph (1) 
of that Article to performers whose performance s have been fixed in phonograms the producers of 
which are nationals of a country wh ich is a Contracting State of the International Convention for the 
Protection of Performers, Producers of Phonograms a nd Broadcasting Organizati ons (hereinafter in 
this and next paragraphs referred to as "the Convention for the Protection of Performers, etc.") and 
which is a Contracting Party to the WPPT and who se performances have been so fixed before the day 
on which the Convention for the Protection of Performer s, etc. became effective with respect to Japan. 
 
  
7. Notwithstanding the provisions of Article 95, paragraph (2) of the new Law which shall apply 
mutatis mutandis in the provisions of Article 97, paragraph (2) of the new Law, the provisions of 
Article 95, paragraph (4) of the new Law which sh all apply mutatis mutadis in the provisions of 
Article 97, paragraph (2) of the new Law shall apply,  in case of the application of the provisions of 
Article 97, paragraph (1) of the new Law to pr oducers of phonograms who are nationals of a country  IP/N/1/JPN/C/5 
 Page 61 
 
 
which is a Contracting State of the Convention for the Protection of Performers, etc. and which is a 
Contracting Party to the WPPT and whose phonograms ha ve been composed of the sounds first fixed 
before the day on which the Convention for the Prot ection of Performers, etc. became effective with 
respect to Japan.  
 
(Transitory measures: term of protection for phonograms) 
 
8. The provisions of Article 101, paragraph (2),  item (ii) shall apply to phonograms in which 
neighboring rights under the Copyright Law before am endment subsist at the time of coming into 
force of this Law, and the provisions relating to the term of protection for phonograms of the 
Copyright Law before amendment shall still appl y to phonograms in which neighboring rights under 
the Copyright Law before amendment have expired at  the time of coming into force of this Law.   
 
(Partial amendments to the Law on Manage ment Business of Copyright and Neighboring 
Rights) 
 
9. The Law on Management Business of Copyright and Neighboring Rights (Law No.131, of 2000) 
shall be partially amended as follows: In Article 25,  item (i), the words "Article 95, paragraph (4)" 
shall be replaced by the words "A rticle 95, paragraph (5)".   
 
Supplementary Provisions 
(Law No.85, of 2003) 
 
(Date of enforcement) 
 Article 1.  This Law shall come into force on January 1, 2004.  
 
(Transitory measures: term of protection for cinematographic works) 
 
Article 2.  The provision of Article 54, paragraph (1) of  the amended Copyright Law (in next Article 
referred to as "the new Law") shall apply to ci nematographic works in which copyright under the 
Copyright Law before amendment subsists at the ti me of coming into force of this Law, and the 
provisions relating to the term of protection for ci nematographic works of the Copyright Law before 
amendment shall still apply to cinematographic wo rks in which copyright under the Copyright Law 
before amendment has expired at the time of coming into force of this Law.  
 Article 3.  In the case of cinematographic works which were created before the enforcement of the 
Copyright Law and to which the provisions of the old Copyright Law (Law No.39, of 1899) shall still 
apply in accordance with the provision of Article 7 of  the Supplementary Provisions of the Copyright 
Law, if the duration of copyright in such cinematographic works under the provisions of the old 
Copyright Law is to expire after the end of the duration of copyright under the provisions of Article 
54, paragraph (1) of the new Law, the duration of copyright in such cinematographic works shall, 
notwithstanding the provision of the new Law, expire at the end of the duration of copyright under the 
old Copyright Law.  
 
(Transitory measures: penal provisions) 
 
Article 4.  The penal provisions of the Copyright Law be fore amendment shall still apply to acts done 
before the enforcement of this Law.  
 IP/N/1/JPN/C/5 
Page 62  
 
(Law No.92, of 2004) 
 
(Date of enforcement) 
 
Article 1.  This Law shall come into force on January 1, 2005. 
 
 
(Transitory measures: importation, etc. of commercial phonograms) 
 
Article 2.  The provisions of Article 113, paragraph (5) of the amended Copyright Law shall not apply 
to such phonograms for foreign distribution menti oned in that paragraph, as having been imported 
before the enforcement of this Law and are possessed for distribution at the time of coming into force 
of this Law.  
Article 3.  In case of the application of the provisions of Article 113, paragraph (5) of the amended 
Copyright Law to such phonograms for domestic distri bution, mentioned in that paragraph, as having 
been published at the time of enforcement of this  Law, "the first publication of such phonograms in 
this country" in the proviso to that paragraph sha ll read "the date of enforcement of the Law for 
Partial Amendments to the Copyright Law (Law No. 92, of 2004) if such phonograms for domestic 
distribution have been published at the time of such enforcement", and "which go beyond" in that 
proviso shall read "after they have gone beyond". 
 Article 4.  The provision of Article 4bis of the Supplementary Provisions of the Copyright Law before 
amendment shall be effective, after the enforcement of  this Law, with respect to the lending of books 
or magazines (excluding those c onsisting mainly of music) which have been possessed for lending to 
the public at the first day of the month after ne xt to the month of promulgation of this Law. 
 
(Partial amendments to the Law for Partia l Amendments to the Courts Law, etc.) 
 
Article 5.  (Omitted.)  
__________