Copyright Act(Act No. 48 of May 6, 1970)
Chapter I General Provisions
Section 1 General Rules(Purpose)
Article 1 The purpose of this Act is to provide for, and to secure protection of,
the rights of authors, etc. and the rights neighboring thereto with respect[copyrightable] works as well as performances, phonograms, broadcasts andwire-broadcasts, while giving due regard to the fair exploitation of thesecultural products, and by doing so, to contribute to the development of culture.
(Definitions)
Article 2 (1) In this Act, the meanings of the terms listed in the following items
shall be as prescribed respectively in those items:(i) "work" means a production in which thoughts or sentiments are expressed ina creative way and which falls within the literary, scientific, artistic ormusical domain;(ii) "author" means a person who creates the work;(iii) "performance" means the [theatrical] acting, dancing, musicalperformances, singing, reciting, declaiming or performing in other ways of awork, including similar acts which do not involve the performance of a work
but which have the nature of pubic entertainment;(iv) "performers" means actors, dancers, musicians, singers and persons who
engage in other forms of performances, as well as those who conduct or direct
performances;(v) "phonograms" means fixations of sounds on phonographic discs, recordingtapes and other forms of tangible medium, excluding, however, thosefixations [of sound] that are intended to be replayed exclusively with images;(vi) "producers of phonograms" means those who first fix the sounds containedin phonograms;(vii) "commercial phonograms" means copies of phonograms made for the
purpose of sale to the public;(vii)-2 "public transmission" means the transmission, by wirelesscommunications or wire-telecommunications, intended for direct reception by
the public; excluding, however, transmissions (other than transmissions of acomputer program work) by telecommunication facilities, one part of which islocated on the same premises where all remaining parts are located or, if the1premises are occupied by two or more persons, all parts of which are locatedwithin the area (within such premises) occupied by the same person(s);(viii) "broadcast" means the form of public transmission involving atransmission transmitted by wireless communication intended for
simultaneous reception of identical content by the public;(ix) "broadcasting organizations" means persons who engage in the
broadcasting business;(ix)-2 "wire-broadcast" means the form of public transmission involving atransmission transmitted by wire-telecommunication intended for
simultaneous reception of identical content by the public;(ix)-3 "wire-broadcasting organizations" means persons who engage in the wirebroadcasting business;(ix)-4 "automatic public transmission" means the form of public transmission
which occurs automatically in response to a request from the public,
excluding, however, public transmissions falling within the term "broadcast"or "wire-broadcast";(ix)-5 "to make transmittable" means making an automatic public transmission
possible by any of the acts set out below:(a) to record information on public transmission recording medium of an
automatic public transmission server already connected with atelecommunications line that is provided for use by the public; to add tosuch an automatic public transmission server, as a public transmission
recording medium thereof, a recording medium which stores information;
to convert a recording medium that stores information into a public
transmission recording medium of such an automatic public transmission
server; or to input information into such an automatic public transmission
server. For the purpose of this item (ix)-5, "automatic public transmission
server" means a device which, when connected with a telecommunications
line provided for use by the public, functions to perform automatic public
transmission of information which is either recorded on the public
transmission recording medium of the transmission recording medium ofsuch device or is inputted into such automatic public transmission server;and in this item (ix)-5 and below, "public transmission recording medium"means such part of the recording medium of an automatic public
transmission server as is provided for automatic public transmission use.
(b) to connect with a telecommunications line that is provided for use by the
public, an automatic public transmission server the public transmission
recording medium of which stores information or into which information
has been inputted. For the purpose of this provision, if connection with atelecommunications line that is offered for use by the public is madethrough a series of acts, such as wiring, starting of the automatic public2

transmission server and putting into operation computer programs fortransmission or reception the last to occur of such series of acts shall beconsidered to constitute the act of connection.
(x) "maker of a cinematographic work" means the person who takes theinitiative in, and the responsibility for, the making of a cinematographic
work;(x)-2 "computer program" means an expression of a combination of instructions
to cause a computer to function in order to be able to obtain a certain result;(x)-3 "database" means a collection of information, such as dissertations,numerical values or diagrams, which is systematically organized so that suchinformation can be searched by use of a computer;(xi) "derivative work" means a work created by translating, arranging
musically, or transforming, or dramatizing, cinematizing or otherwise
adapting a pre-existing work;(xii) "work of joint authorship" means a work collaboratively created by two or
more persons with respect to which the contribution of each person cannot be
severed and separately exploited;(xiii) "sound recording" means the fixation of sound on an object and also the
production of one or more copies of such fixation;(xiv) "visual recording" means the fixation of a sequence of images on an object
and also the production of one or more copies of such fixation;(xv) "reproduction" means the reproduction in a tangible form by means ofprinting, photography, photocopy, sound or visual recording or othermethods; and(a) in the case of [play/film] scripts and other similar dramatic works,"reproduction" includes sound and visual recording of the stage
performances, broadcasts or wire-broadcasts of said works; and(b) in the case of architectural works, "reproduction" includes the completionof building in accordance with the drawings therefor;(xvi) "stage performance" means the performance of a work, excluding, however,musical performances ("musical performances" include singing; the same
shall apply hereinafter);(xvii) "screen presentation" means the projection of a work (other than apublicly transmitted work) on a screen or other object, and includes thereplaying, in accompaniment with such projection, of sounds which havebeen fixed in a cinematographic work;(xviii) "recitation" means oral communication by means of reading aloud or any
other method, but excluding any oral communication falling within the term
"performance";(xix) "distribution" means the transfer or rental of reproductions of a work to
the public, whether with or without charge, and in the case of3

cinematographic works or works reproduced therein, "distribution" includes
the transfer of ownership or rental of, reproductions of a cinematographic
work for the purpose of making such cinematographic work itself or theworks reproduced therein, as the case may be, available to the public;(xx) "technological protection measures" means electronic, magnetic or othermeasures not discernible by human senses ([all of the aforementioned
measures being collectively referred to] in the next item as "electromagnetic
means") used to prevent or deter acts that would constitute infringements ofthe moral rights of author or copyrights as provided for in Article 17,
paragraph (1) or the moral rights of performer as provided for in Articles 89,
paragraph (1) or the neighboring rights as provided for in Article 89,
paragraph (6) ([all of the aforementioned rights being] hereinafter in thisitem collectively referred to as "copyright, etc.") (excluding, however,measures used without the intent of the owner of copyright, etc.), throughsystems which, when works, performances, phonograms or, broadcasted orwire-broadcasted sounds or images are recorded on a recording medium ortransmitted, also record or transmit signals that cause certain specificresponses by machines that attempt to exploit such works, performances,phonograms, broadcasts or wire-broadcasts (in the next item collectively
referred to as "works, etc."). In this item, "deter" means to deter such acts aswould constitute infringements on copyright, etc. by causing extreme
obstruction to the results of such acts; the same shall apply in Article 30,
paragraph (1), item (ii). In this item, "exploit" includes acts which if done
without the consent of the author or the performer would constitute an
infringement of the moral rights of the author or the moral rights of theperformer.
(xxi) "rights management information" means information concerning themoral rights of author or copyrights (each provided for in Article 17,
paragraph (1)) or the rights provided for in Article 89, paragraphs (1) to (4)([all of the aforementioned rights being] hereinafter in this item collectively
referred to as "copyright, etc."), which said information falls within any of (a),(b) or (c) below and which, together with works, performances, phonograms,
or broadcasted or wire-broadcasted sounds or images, is recorded on arecording medium or transmitted by electromagnetic means; excluding,however, information not used for ascertaining a work, etc.'s exploitation, forthe administrative handling of authorizations to exploit the work, etc. or forother matters pertaining to copyright, etc. management (in each case, only tothe extent the same is done by computer):(a) information which identifies the work, etc., the owners of the copyright,
etc. or such other information as specified by Cabinet Order;(b) information regarding the manner of, and conditions for, the exploitation4

of the work, etc. where the exploitation of the work, etc. is authorized;(c) information which enables the identification of the matters mentioned in(a) or (b) above by comparison with other information.
(xxii) "within this country" means the jurisdiction where this Act is effective.
(xxiii) "outside this country" means outside the jurisdiction where this Act iseffective.
(2) As used in this Act, "artistic work" includes a work of crafts of artistic value(bijutsukougeihin).
(3) As used in this Act, "cinematographic work" includes a work which (i) isexpressed through a process producing visual or audio-visual effects similar to
those of cinematography, and (ii) is fixed in an object.
(4) As used in this Act, "photographic work" includes a work expressed through aprocess similar to that of producing a photograph.
(5) As used in this Act, "the public" includes a large number of specified persons.
(6) As used in this Act, "juridical person" includes associations and foundations
that do not have juridical personality but have representatives or managers.
(7) In this Act, "stage performances," "musical performances" and "recitations"
include the stage performances, musical performances or recitations of a workby way of the replaying of sound or visual recordings of the same (excluding,however, those constituting public transmissions and screen presentations) andthe transmission of stage performances, musical performances or recitations ofa work by means of telecommunications equipment (excluding, however, those
constituting public transmissions).
(8) In this Act, "rental" includes any act giving rise to the acquisition of theauthority to use something or any other similar act, regardless of label ormeans.
(9) In this Act, the meanings assigned to the terms defined in [any of] paragraph(1), items (vii)-2, (viii), (ix)-2, (ix)-4, (ix)-5 and (xiii) to (xix) and the preceding
two paragraphs shall also apply to their respective variant verb forms.
(Publication of a work)
Article 3 (1) A work has been "published" when reproductions of it have been
made and distributed, in reasonably sufficient quantities to meet the publicdemand therefor given the nature of the work, by a person entitled to the rightprovided for in Article 21 or with the authorization of such person("authorization" means the authorization provided for under Article 63,
paragraph (1) to exploit a work; the same shall apply in this Chapter and the
Chapter below, with the exception of Article 4-2 and Article 63) or by a person
in favor of whom the right of publication provided for in Article 79 has been
established; provided, however that the foregoing shall not apply to situations
where the making and distributing of reproductions harms the rights of a5person entitled to a right provided for in Article 26 or Article 26-2, paragraph(1) or Article 26-3.
(2) An original work shall be deemed to have been "published" when
reproductions of its translation (a form of derivative works) have been madeand distributed, in such quantities as prescribed in the preceding paragraph,by a person who, pursuant to Article 28, is entitled to the same right as thatprovided for in Article 21 or by a person with authorization from such a person;
provided, however, that the foregoing shall not apply to situations where themaking and distributing of reproductions harms the rights of a person who,
pursuant to the provisions of Article 28, is entitled to the same right as one ofthose provided for in Article 26, Article 26-2, paragraph (1) or Article 26-3
pursuant to the provisions of Article 28.
(3) A person who would be entitled to a right under either of the preceding two
paragraphs if its work were protected under this Act, as well as a person withauthorization from such a person to exploit such work, shall be considered to
be a person entitled to such right or a person who with authorization from sucha person (as the case may be), and the provisions of the preceding two
paragraphs shall apply on that basis.
(Making a work public)
Article 4 (1) A work has been "made public" when it has been published, or when,by means of stage performance, musical performance, screen presentation,
public transmission, recitation or exhibition, it has been made available to the
public [in either case,] by a person entitled to the rights provided for in Articles
22 to 25 or by a person with authorization from such a person. In the case of anarchitectural work, a work has been "made public" when it has been
constructed by a person possessing the right provided for in Article 21 or by aperson with authorization from such a person.
(2) A work shall be deemed to have been "made public" when it has been madetransmittable by a person entitled to the rights provided for in Article 23,
paragraph (1) or by a person with authorization from such a person.
(3) An original work shall be deemed to have been "made public" (a) when its
translation (a form of derivative works) has been made available to the public,
by a person who, pursuant to the provisions of Article 28, is entitled to thesame rights as those provided for in Articles 22 to 24 or by a person withauthorization from such a person, by means of its stage performance, musicalperformance, screen presentation, public transmission or recitation, or (b)when such translation has been made transmittable by a person who, pursuant
to the provisions of Article 28, is entitled to the same rights as those provided
for in Article 23, paragraph (1) or by a person with authorization from such aperson.
6

(4) An artistic work or a photographic work shall be deemed to have been "madepublic" when it has been exhibited by such a person as provided for in Article
45, paragraph (1), in such a manner as provided for in said paragraph.
(5) A person who would be entitled to a right provided for in paragraphs (1) to (3)of this Article if his work were protected under this Act, as well as a personwith authorization from such a person to exploit the work, shall be considered
to be a person entitled to such right or a person with authorization from such aperson (as the case may be), and the provisions of these paragraphs shall apply
with respect to such persons.
(Publication of phonograms)
Article 4-2 A phonogram has been "published" when reproductions of thephonogram have been made and distributed, in reasonably sufficient quantities
to meet the public demand therefor given the nature of the phonogram, by aperson who is entitled to the right provided for in Article 96 or withauthorization from such a person; provided, however, that the foregoing shallnot apply to situations where the making and distributing of reproductions
harms the rights of a person entitled to a right provided for in Article 97-2,
paragraph (1) or Article 97-3, paragraph (1). ("Authorization" means theauthorization to exploit a phonogram under the provision of Article 63,
paragraph (1), as applied mutatis mutandis pursuant to Article 103; the same
shall apply in Chapter IV, Sections 2 and 3).
(Effect of international treaty)
Article 5 If an international treaty provides otherwise with respect to the rights
of authors and the rights neighboring thereto, the provisions of suchinternational treaty shall prevail.
Section 2 Scope of Application(Protected works)
Article 6 Only those works falling under one of the following items shall receive
protection under this Act:(i) works of Japanese nationals ("Japanese nationals" includes juridical persons
established under the laws and regulations of Japan and those who havetheir principal offices in Japan; the same shall apply hereinafter);(ii) works first published in this country, including those first publishedoutside this country and thereafter published within this country within
thirty days from the date from their first publication;(iii) works in addition to those listed in the preceding two items, with respect
to which Japan has the obligation to grant protection under an international7

treaty.
(Protected performances)
Article 7 Only those performances falling under one of the following items shallreceive protection under this Act:(i) performances which take place within this country;(ii) performances fixed in the phonograms listed in item (i) or (ii) of the next
Article;(iii) performances transmitted through the broadcasts listed in Article 9, item(i) or (ii), excluding, however, those incorporated in sound or visual
recordings before transmission with the consent of the performers concerned;(iv) performances transmitted through wire-broadcasts listed in either item of
Article 9-2, excluding, however, those recorded in sound or visual recordings
before transmission with the consent of the performers concerned;(v) in addition to those listed in the preceding four items, any of the following
performances:(a) performances which take place in a contracting party to the International
Convention for the Protection of Performers, Producers of Phonograms andBroadcasting Organizations (hereinafter referred to as "the Convention for
the Protection of Performers, etc.");(b) performances fixed in phonograms listed in item (iii) of the next Article;(c) performances transmitted through broadcasts listed in Article 9, item (iii),
excluding, however, those recorded in sound or visual recordings before
transmission with the consent of the performers concerned;(vi) in addition to those listed in the preceding five items, any of the following
performances:(a) a performances which take place in a Contracting Party to the WIPO
Performances and Phonograms Treaty (hereinafter referred to as "theWPPT");(b) performances fixed in the phonograms listed in item (iv) of the next
Article;(vii) in addition to those listed in the preceding six items, any of the following
performances:(a) performances which take place in a member state of the World Trade
Organization;(b) performances fixed in phonograms listed in item (v) of the next Article;(c) performances transmitted through broadcasts listed in Article 9, item (iv),excluding those incorporated in sound or visual recordings before
transmission with the consent of the performers concerned.
(Protected phonograms)8Article 8 Only those phonograms falling under one of the following items shallreceive protection under this Act:(i) phonograms the producers of which are Japanese nationals;(ii) phonograms comprising sounds first fixed within this country;(iii) in addition to those listed in the preceding two items, any of the following
phonograms:(a) phonograms the producers of which are nationals of any of the contracting
parties to the Convention for the Protection of Performers, etc. ("nationals"
includes juridical persons established under the laws and regulations ofsuch contracting party and those who have their principal offices in suchcontracting party; the same shall apply hereinafter);(b) phonograms comprising sounds first fixed in any of the contracting
parties to the Convention for the Protection of Performers, etc.;(iv) in addition to those listed in the preceding three items, any of the following
phonograms:(a) phonograms the producers of which are nationals of any of the contracting
parties to the WPPT ("nationals" includes juridical persons establishedunder the laws and regulations of such contracting party and those whohave their principal offices in such contracting party; the same shall apply
hereinafter);(b) phonograms comprising sounds first fixed in any of the contracting
parties to the WPPT;(v) in addition to those listed in the preceding four items, any of the following
phonograms:(a) phonograms the producers of which are nationals of any of the member
states of the World Trade Organization ("nationals" includes juridical
persons established under the laws and regulations of such member state
and those who have their principal offices in such member state; the same
shall apply hereinafter.);(b) phonograms comprising sounds first fixed in any of the member states ofthe World Trade Organization;(vi) in addition to those listed in the preceding five items, phonograms which
Japan has an obligation to protect under Article 121-2, item (ii) of theConvention for the Protection of Producers of Phonograms Against
Unauthorized Duplication of Their Phonograms (referred to as "thePhonograms Convention").
(Protected broadcasts)
Article 9 Only those broadcasts falling under one of the following items shallreceive protection under this Act:(i) broadcasts transmitted by broadcasting organizations of Japanese9nationality;(ii) broadcasts transmitted from broadcasting facilities located within thiscountry;(iii) in addition to those listed in the preceding two items, any of the following
broadcasts:(a) broadcasts transmitted by broadcasting organizations which are nationalsof any of the contracting parties to the Convention for the Protection of
Performers, etc.;(b) broadcasts transmitted from broadcasting facilities located within any of
the contracting parties of the Convention for the Protection of Performers,
etc.;(iv) in addition to those listed in the preceding three items, any of the following
broadcasts:(a) broadcasts transmitted by broadcasting organizations which are nationalsof any of the member states of the World Trade Organization;(b) broadcasts transmitted from broadcasting facilities located within any ofthe member states of the World Trade Organization.
(Protected wire-broadcasts)
Article 9-2 Only those wire-broadcasts falling under one of the following items
shall receive protection under this Act:(i) wire-broadcasts transmitted by wire-broadcasting organizations of Japanesenationality (excluding, however, those wire-broadcasts having the samecontents as a received broadcast; the same shall apply in the next item);(ii) wire-broadcasts transmitted from wire-broadcasting facilities locatedwithin this country.
Chapter II Rights of Author
Section 1 Works(Illustrations of works)
Article 10 (1) As used in this Act, examples of "works" include, in particular, thefollowing:(i) novels, [play/film] scripts, dissertations, lectures and other literary works;(ii) musical works;(iii) choreographic works and pantomimes;(iv) paintings, engravings, sculptures and other artistic works;(v) architectural works;(vi) maps as well as diagrammatical works of a scientific nature, such as
drawings, charts, and models;(vii) cinematographic works;10

(viii) photographic works;(ix) computer program works.
(2) Current news reports and miscellaneous reports having the character of merecommunications of facts shall not fall within the term "works" as provided initem (i) listed in the preceding paragraph.
(3) The protection granted by this Act to works provided in paragraph (1), item(ix) shall not extend to any computer programming language, rule or algorithm
used for creating such work. For the purpose of this provision, the following
terms shall have the meanings hereby assigned to them, respectively, in eachof the items below:(i) "computer programming language" means letters and other symbols, as wellas the systems for their use, as a means of expressing a computer program;(ii) "[computer programming] rule" means a special rule with respect to how to
use a particular computer program's computer programming language (asdefined in the preceding item);(iii) "[computer programming] algorithm" means the method of combining, in acomputer program, the instructions given to a computer.
(Derivative works)
Article 11 The protection granted by this Act to derivative works shall not affectthe rights of an author to the original work.
(Compilations)
Article 12 (1) Compilations (not falling within the term "databases"; the same
shall apply hereinafter) which, by reason of the selection or arrangement of
their contents, constitute intellectual creations shall be protected as
independent works.
(2) The provision set forth in the preceding paragraph shall not affect the rightsof the author to each of works forming a part of the compilations set forth insaid paragraph.
(Database works)
Article 12-2 (1) Databases which, by reason of the selection or systematicconstruction of information contained therein, constitute intellectual creations
shall be protected as independent works.
(2) The provision set forth in the preceding paragraph shall not affect the rights
of an author to a work which constitutes a part of a database set forth in said
paragraph.
(Works not protected)
Article 13 A work falling under any of the following items apply shall not11

constitute the subject of the rights granted by the provisions of this Chapter:(i) the Constitution and other laws and regulations;(ii) public notices, instructions, circular notices and the like issued by organs of
the State or local public entities, incorporated administrative agencies("incorporated administrative agencies" means those provided for in Article 2,paragraph (1) of the Act on General Rules for Incorporated Administrative
Agency (Act No. 103 of 1999); the same shall apply hereinafter) or local
incorporated administrative agencies ("local incorporated administrative
agencies" means those provided for in Article 2, paragraph (1) of the Act on
Local Incorporated Administrative Agencies (Act No. 118 of 2003); the same
shall apply hereinafter);(iii) judgments, decisions, orders and decrees of courts, as well as rulings andjudgments made by government agencies in proceedings of a quasi-judicial
nature;(iv) translations and compilations prepared by organs of the State or local
public entities, incorporated administrative agencies or local incorporated
administrative agencies of [any of] the materials listed in the preceding three
items.
Section 2 Authors(Presumption of authorship)
Article 14 A person whose name or appellation (hereinafter referred to as "truename"), or whose widely known pen name, abbreviation or other substitute forhis true name (hereinafter referred to as "pseudonym"), is indicated as thename of the author in the customary manner on the original of his work or
when his work is offered to or made available to the public, shall be presumed
to be the author of such 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 computer program work) which,on the initiative of a juridical person or other employer (hereinafter in this
Article referred to as "juridical person, etc."), is made by an employee in thecourse of the performance of his duties in connection with the juridical person,
etc.'s business and is made public by such juridical person, etc. as a work under
its own name, shall be attributed to such juridical person, etc., unlessotherwise stipulated by contract, work regulations or the like at the time of the
making of the work.
(2) The authorship of a computer program work which, on the initiative of ajuridical person, etc. is made by an employee in the course of his duties inconnection with the juridical person, etc.'s business, shall be attributed to such
12

juridical person, etc., unless otherwise stipulated by contract, work regulationsor the like at the time of the making of the work.
(Authorship of cinematographic work)
Article 16 The authorship of a cinematographic work shall be attributed to those
who, by taking charge of producing, directing, filming, art direction, etc., havecreatively contributed to the creation of such cinematographic work as a whole,excluding, however, authors of novels, [play/film] scripts, music or other works
adapted or reproduced in such cinematographic work; provided, however, thatthe foregoing shall not apply where the provisions of the preceding Article areapplicable.
SectionSection 3 Contents of Rights
Subsection 1 General Provisions(Rights of author)
Article 17 (1) An author shall enjoy the rights provided for in paragraph (1) of
the next Article, Article 19, paragraph (1) and Article 20, paragraph (1)(hereinafter referred to as "moral rights of author") as well as the rights
provided for in Articles 21 to 28 (hereinafter referred to as "copyright").
(2) Enjoyment of the moral rights of author and copyrights shall not be subject toany formality.
Subsection 2 Moral rights ofof author(Right to make the work public)
Article 18 (1) An author shall have the right to offer and to make available tothe public any work of his which has not yet been made public (which shall
include a work already made public without the author's consent; hereinafter
the same shall apply in this Article). The same shall apply to any derivative
works arising from the author's said work.
(2) In the cases listed in each of the items below, the author shall be presumed tohave consented to the acts listed in such item:(i) where the copyright in a work not yet made public has been transferred: theoffering and the making available to the public of such work by exercise of
the copyright thereto;(ii) where the original of an artistic or photographic work not yet made public
has been transferred: the making available to the public of such work by
exhibition of its original;(iii) where the ownership of copyright in a cinematographic work belongs to the
maker of the cinematographic work pursuant to the provisions of Article 29:
13the offering and the making available to the public of such work by
exercising the copyright thereto.
(3) In the cases listed in each of the items below, the author shall be deemed tohave consented to the acts listed in such item:(i) where a work not yet made public has been offered to an administrative
organ (an "administrative organ" means any of those provided for in Article 2,paragraph (1) of the Act on Access to Information Held by Administrative
Organs (Act No. 42 of 1999; hereinafter referred to as "the Administrative
Organs Information Disclosure Act")), except, however, in the case where
manifestation of intention of the author to the contrary has been made by thetime when the decision to disclose has been made pursuant to the provisionof Article 9, paragraph (1) of the Administrative Organs Information
Disclosure Act: the offering and the making available to the public of suchwork by the head of the administrative organ pursuant to the provisions of
the Administrative Organs Information Disclosure Act;(ii) where a work not yet made public has been offered to incorporated
administrative agencies, etc. ("incorporated administrative agencies, etc."
means any of those provided for in Article 2, paragraph (1) of the Act on
Access to Information Held by Incorporated Administrative Agencies (Act No.
140 of 2001; hereinafter referred to as "the Incorporated Administrative
Agencies, etc. Information Disclosure Act")), except in the case where theauthor's manifestation of intention to the contrary has been made by thetime when the decision to disclose has been made pursuant to the provisionof Article 9, paragraph (1) of the Incorporated Administrative Agencies, etc.
Information Disclosure Act: the offering and the making available to the
public of the work by an incorporated administrative agencies, etc. pursuant
to the provisions of the Incorporated Administrative Agencies, etc.
Information Disclosure Act;(iii) where a work not yet made public has been offered to a local public entity
or local independent administrative agency (except in the case where theauthor's manifestation of intention on the contrary has been made by thetime when the decision to disclose has been made): the offering and themaking available to the public of the work by the relevant organ of a local
public entity or local independent administrative agency pursuant to theprovisions of the relevant Information Disclosure Ordinance ("theInformation Disclosure Ordinance" means the regulations of the relevant
local public entity or local independent administrative agency which provide
for the right of residents, etc. to request the Disclosure of Information
possessed by such entity or agency; 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 information14

prescribed in Article 5, item (i) (b) or (c) or the proviso to Article 5, item (ii)of the Administrative Organs information Disclosure Act has been recorded,
is offered or made available to the public by the head of an administrative
organ pursuant to the provisions of said Article, or where a work, which has
not yet been made public, is offered or made available to the public by thehead of an administrative organ pursuant to the provisions of Article 7 of the
Administrative Organs Information Disclosure Act;(ii) where a work, which has not yet been made public and in which
information prescribed in Article 5, item (i) (b) or (c) or the proviso to Article
5, item (ii) of the Incorporated Administrative Agencies, etc. Information
Disclosure Act has been recorded, is offered or made available to the public
by an independent administrative agency, etc. pursuant to the provisions ofsaid Article, or where a work which has not yet been made public, is offeredor made public to the public by an independent administrative agency, etc.
pursuant to the provisions of Article 7 of the Incorporated Administrative
Agencies, etc. Information Disclosure Act;(iii) where a work which has not yet been made public (and in which
information equivalent to that provided for in Article 5, item (i) (b) or theproviso to Article 5, item (ii) of the Administrative Organs Information
Disclosure Act is recorded) is offered or made available to the public by anorgan of a local public entity or a local independent administrative agency
pursuant to the provisions of the information Disclosure Ordinance (whichhave provisions equivalent to Article 13, paragraphs (2) and (3) of the
Administrative Organs Information Disclosure Act; the same shall apply initem (v));(iv) where a work which has not yet been made public (and in which
information equivalent to that provided for in Article 5, item (i) (c) of the
Administrative Organs Information Disclosure Act has been recorded) is
offered or made available to the public by an organ of a local public entity or
a local independent administrative agency pursuant to the provisions of theInformation Disclosure Ordinance;(v) where a work which has not yet been made public is offered or madeavailable to the public by an organ of a local public entity or a local
independent administrative agency pursuant to provisions of the Information
Disclosure Ordinance that are the equivalent of those of Article 7 of the
Administrative Organs Information Disclosure Act.
(Right to determine the indication of the author's name)
Article 19 (1) The author shall have the right to determine whether or not his
name should be indicated as the work's author, and if so, whether his true
name or a pseudonym should be indicated as such on the original of his work or
15

when his work is offered or made available to the public. The author shall havethe same right with respect to the indication of the author's name when
derivative works from his work are offered or presented to the public.
(2) In the absence of the author's manifestation of intention to the contrary, aperson exploiting the author's work may indicate the name of the author in thesame manner as already adopted by the author.
(3) It is permissible to omit the name of the author where, to the extent
compatible with fair practice, it is determined that there is no risk of damage
to the interests of the author in his claim to authorship in light of the purpose
and the manner of the exploitation of the work.
(4) The provisions of paragraph (1) shall not apply in any of the following cases:(i) when the name of the author is to be indicated in the same manner as
already adopted by the author when said work was offered or made available
to the public by the head of an administrative organ, by an independentadministrative agency, etc. or by an organ of a local public entity or a local
independent administrative agency pursuant to the provisions of the
Administrative Organs Information Disclosure Act, the Incorporated
Administrative Agencies, etc. Information Disclosure Act or the Information
Disclosure Ordinances;(ii) when the name of the author is to be omitted at the time that his work isoffered or made available to the public by the head of an administrative
organ, by an independent administrative agency, etc. or by an organ of a
local public entity or a local independent administrative agency pursuant to
the provisions of Article 6, paragraph (2) of the Administrative Organs
Information Disclosure Act, the provisions of Article 6, paragraph (2) of theIncorporated Administrative Agencies, etc. Information Disclosure Act or theprovisions of the Information Disclosure Ordinance equivalent to Article 6,paragraph (2) of the Administrative Organs Information Disclosure Act.
(Right to maintain integrity)
Article 20 (1) The author shall have the right to maintain the integrity of his
work and its title, and no distortion, mutilation or other modification thereof
shall be made against his intent.
(2) The provisions of the preceding paragraph shall not apply to any of thefollowing modifications:(i) a change of ideographs or words or other modifications consideredunavoidable for school educational purposes where the exploitation of a work
is made pursuant to the provisions of Article 33, paragraph (1) (including thecase where it is applied mutatis mutandis pursuant to paragraph (4) of thesame Article), Article 33-2, paragraph (1) or Article 34, paragraph (1);(ii) a modification of an architectural work by means of extension, rebuilding,16

repairing, or remodeling;(iii) a modification which is necessary to enable the use on a particular
computer of a computer program work that is otherwise unusable on suchcomputer, or to make more effective use of a computer program work on acomputer;(iv) in addition to those listed in the preceding three items, modifications thatare considered unavoidable in light of the nature of a work as well as the
purpose of and the manner of its exploitation.
Subsection 3 Types of Rights Comprising a Copyright(Right of reproduction)
Article 21 The author shall have the exclusive right to reproduce his work.
(Right of performance)
Article 22 The author shall have the exclusive right to perform his work publicly("publicly" means for the purpose of making a work seen or heard directly by
the public; the same shall apply hereinafter).
(Right of screen presentation)
Article 22-2 The author shall have the exclusive right to make his work publicly
available by screen presentation.
(Rights of public transmission, etc.)
Article 23 (1) The author shall have the exclusive right to effect a public
transmission of his work (including, in the case of automatic public
transmission, making his work transmittable).
(2) The author shall have the exclusive right to communicate publicly any workof his which has been publicly transmitted, by means of a receiving apparatus
receiving such public transmission.
(Right of recitation)
Article 24 The author of a literary work shall have the exclusive right to recite
his work publicly.
(Right of exhibition)
Article 25 The author of an artistic work or of an unpublished photographic work
shall have the exclusive right to exhibit the original of his work publicly.
(Rights of distribution)
Article 26 (1) The author of a cinematographic work shall have the exclusive
17

right to distribute his work by distributing reproductions of said
cinematographic work.
(2) The author of a work reproduced in a cinematographic work shall have theexclusive right to distribute his work by distributing reproductions of the same.
(Right of ownership transfer)
Article 26-2 (1) The author shall have the exclusive right to offer his work (withthe exception of cinematographic works; the same shall apply below in this
Article) to the public by transferring ownership of the original or reproductionsof his work (excluding, however, reproductions of a cinematographic workwhere the author's work has been reproduced in said cinematographic work;
the same shall apply below in this Article).
(2) The provisions of the preceding paragraph shall not apply in the case of atransfer of the ownership of the original or reproductions of a work fallingunder any of the following items:(i) the original or reproductions of a work the ownership of which has beentransferred to the public by a person who possesses the right prescribed in
the preceding paragraph or by a person with authorization from such aperson;(ii) reproductions of a work the ownership of which has been transferred to the
public under the authority of a ruling [for compulsory license] under theprovisions of Article 67, paragraph (1) or Article 69 or with a license under
the provisions of Article 5, paragraph (1) of the Act on Special Provisions of
the Exceptional Provisions to the Copyright Act, required as a consequence of
the Enforcement of the Universal Copyright Convention (Act No. 86 of 1956);(iii) the original or reproductions of a work the ownership of which has beentransferred to a small number of specific persons by a person who possesses
the right prescribed in the preceding paragraph or by a person withauthorization of such a person;(iv) the original or reproductions of a work the ownership of which has beentransferred outside this country, (a) without prejudice to a right that is theequivalent to that prescribed in the preceding paragraph, or (b) by a person
who has a right equivalent to that prescribed in the preceding paragraph orby a person with authorization from such a person.
(Right of rental)
Article 26-3 The author shall have the exclusive right to offer his work (with the
exception of a cinematographic work) to the public through the rental of
reproductions of the work (excluding, however, reproductions of acinematographic work where the author's work has been reproduced in said
cinematographic work).
18

(Rights of translation, adaptation, etc.)
Article 27 The author shall have the exclusive right 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 connection with the exploitation of a derivative work, the author of
the original work shall have exclusive rights of the same types as thosepossessed by the author of the derivative work under the provisions of thisSubsection.
Subsection 4 Ownership of Copyright in Cinematographic Works
Article 29 (1) The copyright to a cinematographic work (excluding, however,those to which the provisions of Article 15, paragraph (1), the next paragraphor paragraph (3) of this Article are applicable) shall belong to the maker of said
cinematographic work, provided that the authors of the cinematographic work
have undertaken to participate in the making of the same.
(2) In the case of a cinematographic work made by a broadcasting organization
alone for the exclusive purpose of technologically enabling a broadcast(excluding, however, cinematographic works to which the provisions of Article
15, paragraph (1) are applicable), the following rights, which are among thevarious rights comprising the copyright thereto, shall belong to said
broadcasting organization as the maker of the cinematographic work:(i) (a) the right to broadcast said work, and (b) the right (A) to wire-broadcast
or make an automatic public transmission (including making a worktransmittable by means of inputting information into an automatic public
transmission server already connected to a telecommunications line which isprovided for use by the public) of said broadcasted work, or (B) to transmit
said broadcasted work to the public by means of a receiving apparatus;(ii) the right to reproduce said work and the right to distribute said work toother broadcasting organizations by distribution of reproductions thereof.
(3) In the case of a cinematographic work made by a wire-broadcastingorganization alone for the exclusive purpose of technologically enabling a wirebroadcast (excluding, however, cinematographic works to which the provisionsof Article 15, paragraph (1) are applicable), the following rights, which areamong the various rights comprising in the copyright thereto, shall belong tosaid wire-broadcasting organization as the maker of the cinematographic work:(i) (a) the right to wire-broadcast said work, and (b) the right to transmit said
wire-broadcasted work to the public by means of a receiving apparatus[receiving the wire-broadcast];
19

(ii) the right to reproduce said work and the right to distribute said work toother wire-broadcasting organizations by distribution of reproductions
thereof.
Subsection 5 Limitations on Copyright(Reproduction for private use)
Article 30 (1) Except in the cases listed below, it shall be permissible for theuser of a work that is the subject of a copyright (below in this Subsection
simply referred to as a "work") to reproduce the work for his personal use orfamily use or other equivalent uses within a limited scope (hereinafter referred
to as "private use"):(i) where reproduction is made by means of automatic reproduction machines(an "automatic reproduction machine" means a machine having reproduction
functions and in which all or the main parts of its reproducing devices havebeen automated) installed for the use by the public;(ii) where (a) reproduction has become possible by the circumvention oftechnological protection measures or as a result of such circumvention, theresults of acts deterred by such technological protection measures haveceased to be obstructed, and (b) reproduction is made with the knowledge ofthe facts described in (a) above. For purposes of this item and Articles 120-2,
items (i) and (ii), "circumvention" means to enable acts prevented bytechnological protection measures or to cause cessation of the obstruction of
the results of acts deterred by such technological protection measures, ineach case, by removal or modification of signals used for such measures;provided, however, that "removal" or "modification" shall not include removal
or modification which necessarily occurs because of technological restrictions
accompanying the conversion of recording or transmission systems.
(2) Any person who, for private use purposes, makes sound or visual recordings
on a recording medium used for digital sound and visual recordings (asspecified by Cabinet Order) by means of a machine possessing functions tomake digital sound or visual recordings (as specified by Cabinet Order)(excluding, however, (i) machines having special capacities generally not for
private use, such as capacities for broadcast business purposes, and (ii)machines having sound or visual recording functions incidental to theirprimary functions, such as telephones with a sound recording function) shall
pay a reasonable amount of compensation to the copyright holders concerned.
(Reproduction in libraries, etc.)
Article 31 In the following cases, it shall be permissible to reproduce a work
included in library materials (in this Article, "library materials" means books,
20

documents and other materials held in [the collection of] libraries, etc.) as anactivity falling within the scope of the non-profit-making activities of libraries,
etc. (in this Article, "libraries, etc." means libraries and other establishments
designated by Cabinet Order and having among their purposes, the providingof library materials for use by the public):(i) where, in response to the request of a user of a library, etc. and for the
purpose of his research or study, such user is furnished with a single
reproduction of (a) a part of a work already made public, or (b) in the case of
an individual work reproduced in a periodical already published for aconsiderable period of time, all of such individual work;(ii) where the reproduction is necessary for the purpose of preserving librarymaterials;(iii) where, in response to the request of other libraries, etc., a reproduction of[a work constituting] library materials is furnished because such work isdifficult to obtain due to such work being out of print or other similarreasons.
(Quotations)
Article 32 (1) It shall be permissible to quote from and thereby exploit a work
already made public, provided that such quotation is compatible with fair
practice and to the extent justified by the purpose of the quotation, such as
news reporting, critique or research.
(2) It shall also be permissible to reproduce, as explanatory materials, innewspapers, magazines and other publications informational materials, public
relations materials, statistical materials, reports and other similar works
which have been prepared by organs of the State or local public entities orincorporated administrative agencies or local incorporated administrative
agencies for the purpose of general public dissemination and made public
under their authorship; provided, however, that the foregoing shall not apply
where there is an express indication [on the work] that such reproduction has
been 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 andScience or those compiled under the authorship of the Ministry of Educationand Science for use in the education of pupils or students in primary schools,
junior or senior high schools, schools for secondary education or otherequivalent schools; the same shall apply in the next Article) works alreadymade public, to the extent deemed necessary for the purpose of school
education.
21

(2) A person who makes such reproduction in a school textbook pursuant to thepreceding paragraph shall notify the author thereof and pay to the copyrightholder compensation, the amount of which will be fixed each year by theCommissioner of the Agency for Cultural Affairs, taking into account the spiritof the provisions of the preceding paragraph, the type and the usage of thework, the ordinary royalty rate, and other factors.
(3) The Commissioner of the Agency for Cultural Affairs shall give public noticein the Official Gazette of the amount of compensation fixed in accordance withthe provisions 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 forcorrespondence courses of senior high schools (including the senior grade
course at schools for secondary education) and in teachers' manuals for school
textbooks set forth in paragraph (1) (such teachers' manuals shall be limited tothose published by the same publisher of the related school textbooks).
(Reproduction in order to prepare a textbook, etc. in large print)
Article 33-2 (1) It shall be permissible to reproduce a work already reproduced ina school textbook, by enlarging letters and characters, illustrations, etc. usedin said school textbook for the purpose of providing the same for use by weaksighted pupils or students in their studies.
(2) A person who intends to prepare a textbook for school education by
reproduction of a work or works contained in a school textbook by enlarging theletters and characters, illustrations, etc. [of such work(s)] pursuant to theprovisions of the preceding paragraph (textbooks for school education shall inthis paragraph be limited to only those which reproduce the whole or aconsiderable portion of a work that is printed in the relevant school textbook;such textbooks for school education being in this paragraph referred to as"large-print textbooks for school education") shall give advance notice to the
publisher of the said textbook and, in the case where copies of such large-print
textbook for school education are to be distributed for profit-making purposes,
pay to the holder(s) of the copyright compensation, the amount of which will be
fixed each year by the Commissioner of the Agency for Cultural Affairs inproportion to the amount of compensation provided for in paragraph (2) of thepreceding Article.
(3) The Commissioner of the Agency for Cultural Affairs shall give public noticein the Official Gazette of the amount of compensation fixed in accordance withthe provisions of the preceding paragraph.
(Broadcast, etc. in school education programs)
Article 34 (1) It shall be permissible, to the extent deemed necessary for school
22

educational purposes, to broadcast, or wire-broadcast, or make an automatic
public transmission (including making a work transmittable by means of
inputting information into an automatic public transmission server alreadyconnected to a telecommunications line which is provided for use by the public)
for the purpose of such broadcasts being transmitted and simultaneously
received exclusively in a Broadcasting Service Area pertaining to thesebroadcasts ("Broadcasting Service Area" means such Broadcasting Service Area
as provided for in Article 2-2, paragraph (2), item (ii) of the Broadcast Act (ActNo. 132 of 1950), or for broadcasts for areas not provided in this law a Service
Area as provided in Article 14, paragraph (3), item (iii) of the Radio Act (ActNo. 131 of 1950); the same shall apply hereinafter), a work already made public,in educational broadcast programs or educational wire-broadcast programs
which conform to the education course standards established by the laws andregulations on school education, and to reproduce such already-made-public
work in teaching materials for these broadcasted and wire-broadcasted
programs.
(2) A person who exploits a work pursuant to the preceding paragraph shall givenotice to the [work's] author and pay to the copyright holder a reasonableamount of compensation.
(Reproduction, etc. in schools and other educational institutions)
Article 35 (1) A person who teaches a lesson, and those who receive the lesson,in a school or other educational institutions (excluding, however, thoseinstitutions established for profit-making purposes) may, if and to the extent
deemed necessary for use in the course of the lesson, reproduce a work alreadymade public; provided, however, that the foregoing shall not apply in the casewhere such reproduction is likely to unreasonably prejudice the interests of the
copyright holder in light of the type and the usage of the work as well as thenumber of copies and the manner of reproduction.
(2) When, in the course of a lesson at an educational institution set forth in thepreceding paragraph, exploiting a work already made public, by offering orpresenting the original or reproductions of such work to those who directly
take lessons, or by performing, presenting or reciting it pursuant to theprovisions of Article 38, paragraph (1), it shall be permissible to make public
transmissions of such work (including, in the case of an automatic public
transmission, making such work transmittable) for reception by those who arereceiving the same lesson at the same time but at a location other than wheresuch lesson is being given; provided, however, that the foregoing shall not
apply in the case where such public transmission is likely to unreasonably
prejudice the interests of the copyright holder in light of the type and theusage of the work as well as the manner of the public transmission.
23

(Reproduction, etc. as examination questions)
Article 36 (1) It shall be permissible to reproduce or make public transmissions(excluding, however, broadcasts or wire-broadcasts, but including, in the caseof automatic public transmission, making a work transmittable; the same shallapply in the next paragraph) of, a work already made public, as questions foran entrance examination or other examinations of knowledge or skill or for alicense, to the extent deemed necessary for such purposes; provided, however,that the foregoing shall not apply in the case where such reproduction or public
transmission[, as the case may be,] is likely to unreasonably prejudice theinterests of the copyright holder in light of the type and usage of the work as
well as the manner of the public transmission.
(2) A person who, for profit-making purposes, makes such reproduction or public
transmission as set forth in the preceding paragraph shall pay to the copyrightholder compensation in an amount which corresponds to the ordinary royalty
rate.
(Reproduction in Braille, etc.)
Article 37 (1) It shall be permissible to reproduce in Braille a work already madepublic.
(2) It shall be permissible to record on a recording medium, or to make public
transmissions (excluding, however, broadcasts or wire-broadcasts, but
including, in the case of automatic public transmission, making a worktransmittable) of, a work already made public, by means of a Braille-processing
system using a computer.
(3) For Braille libraries and other establishments (designated by Cabinet Order)
for the promotion of the welfare of the persons with visual disabilities, it shallbe permissible, solely for the purpose of renting by or making automatic public
transmission (including making transmittable; the same shall apply in thisparagraph hereinafter) to the persons with visual disabilities, to make soundrecordings or make automatic public transmissions exploiting such soundrecordings solely for the persons with visual disabilities of a work alreadymade public.
(Automatic public transmission for persons with aural disabilities)
Article 37-2 A person, designated by Cabinet Order, who engages in activities forthe promotion of the welfare of persons with aural disabilities, may, solely forthe purpose of providing the same for use by persons with aural disabilities,
make automatic public transmissions (including making a work transmittableby means of inputting information into an automatic public transmission
server already connected to a telecommunications line which is provided for24

use by the public) of broadcasted or wire-broadcasted work (including
broadcasted work when such work will be transmitted by automatic public
transmission; the same shall apply in this Article hereinafter), by converting
oral words of such broadcasted or wire-broadcasted work into written words.
(Performances, etc. not for profit-making purposes)
Article 38 (1) It shall be permissible to publicly perform, present and/or recite awork already made public, for non-profit-making purposes and if no fees arecharged to the audience or spectators ("fees" includes consideration of any kindwhatsoever for the offering and the making available of a work to the public;
the same shall apply below in this Article), to audiences or spectators. The
foregoing, however, shall not apply when the performers or reciters concerned
are paid any remuneration for such performance, presentation or recitation.
(2) It shall be permissible, for non-profit-making purposes and if no fees arecharged to the audience or spectators, to transmit broadcasted work by wirebroadcast or automatic public transmission to be received exclusively in a
Broadcasting Service Area pertaining to these broadcasts (including making awork transmittable by means of inputting information into an automatic public
transmission server already connected to a telecommunications line which isprovided for use by the public).
(3) It shall be permissible, for non-profit-making purposes and if no fees arecharged to the audience or spectators, to communicate to the public, by meansof a receiving apparatus, a work already broadcasted or wire-broadcasted(including broadcasted work when such work will be transmitted by automatic
public transmission). The same shall apply to such public communication madeby means of a receiving apparatus of a kind commonly used in private homes.
(4) It shall be permissible, for non-profit-making purposes and if no fees arecharged to borrowers, to offer to the public a work (excluding acinematographic work) already made public, by renting reproductions of thework (excluding, in the case of a work reproduced in the cinematographic work,
reproductions of the cinematographic work).
(5) For audiovisual education establishments and other not-for-profit
establishments designated by Cabinet Order and having among its purposes
the providing of cinematographic films and other audiovisual materials for use
by the public, it shall be permissible to distribute a cinematographic work
already made public by renting reproductions of the work, if no fees arecharged to borrowers of such reproductions. In such case, the person who
makes such distribution shall pay a reasonable amount of compensation to theowner of the right prescribed in Article 26 (including the owner of the sameright as that prescribed in Article 26 pursuant to the provisions of Article 28)
with respect to such cinematographic work or a work reproduced in such25

cinematographic work.
(Reproduction, etc. of editorials on current topics)
Article 39 (1) It shall be permissible to reproduce in other newspapers or
magazines, and to broadcast, or wire-broadcast or make an automatic public
transmission (including making a work transmittable by means of inputting
information into an automatic public transmission server already connected toa telecommunications line which is provided for use by the public) for the
purpose of such broadcasts being transmitted and simultaneously received
exclusively in a Broadcasting Service Area pertaining to these broadcasts,
editorials published in newspapers or magazines on current political, economic
or social topics (excluding, however, those of an academic nature); provided,
however, that the foregoing shall not apply if there is an indication [in or near
the editorial] that such exploitation is prohibited.
(2) It shall also be permissible to communicate to the public, by means of areceiving apparatus, editorials broadcasted or wire-broadcasted or transmittedby automatic public transmission pursuant to the provisions of the preceding
paragraph.
(Exploitation of political speeches, etc.)
Article 40 (1) It shall be permissible to exploit, by any means (other than
exploitation involving a compilation of works of the same author), politicalspeeches and statements that were delivered in public and statements
delivered in the course of judicial proceedings (including administrative trialsof administrative agencies and other quasi-judicial proceedings; the same shallapply in Article 42, paragraph (1)).
(2) It shall be permissible to reproduce in newspapers and magazines, and to
broadcast or wire-broadcast, or make an automatic public transmission(including making a work transmittable by means of inputting information into
an automatic public transmission server already connected to atelecommunications line which is provided for use by the public) for the
purpose of such broadcasts being transmitted and simultaneously received
exclusively in a Broadcasting Service Area pertaining to these broadcasts,
speeches and statements (other than those prescribed in the preceding
paragraph) publicly delivered in organs of the State or local public entities,
incorporated administrative agencies or local incorporated administrative
agencies, to the extent justified for purposes of news reporting.
(3) It shall also be permissible to communicate to the public, by means of areceiving apparatus, speeches and statements broadcasted or wire-broadcasted
or transmitted by automatic public transmission in accordance with theprovisions of the preceding paragraph.
26

(Reporting of current events)
Article 41 For the purpose of reporting current events by means of photography,
cinematography, broadcast or otherwise, it shall be permissible to reproduce awork involved in such event or a work seen or heard in the course of the event,and to exploit any such work in conjunction with the reporting of such event, ineach case to the extent justified for purposes of news reporting.
(Reproduction for judicial proceedings, etc.)
Article 42 (1) It shall be permissible to reproduce a work if and to the extent
deemed necessary for the purpose of judicial proceedings or for internal use bylegislative or administrative organs; provided, however, that the foregoingshall not apply where such reproduction is likely to unreasonably prejudice theinterests of the copyright holder in light of the type and the usage of the work
as well as the number of reproductions and the manner of reproduction.
(2) The preceding paragraph shall also apply if and to the extent deemednecessary for the purpose of the following proceedings.
(i) Proceedings pertaining to examinations concerning patents, designs or
trademarks, technical evaluations concerning utility models or international
research or international preliminary examinations pertaining tointernational applications ("international applications" means those provided
for in Article 2 of the Act On International Applications Etc. under the
Patent Cooperation Treaty (Act No. 30 of 1978)), conducted by a government
agency.
(ii) Proceedings pertaining to an examination or research concerning
pharmaceutical matters (including matters pertaining to medical equipments("medical equipments" means those provided for in Article 2, paragraph (4) of
the Pharmaceutical Affairs Act (Act No. 145 of 1960)); the same shall apply
in this item hereinafter) conducted by a government agency or incorporated
administrative agency, or proceedings pertaining to reports to a government
agency or incorporated administrative agency concerning pharmaceuticalmatters.
(Exploitation for purposes of disclosure pursuant to the Administrative Organs
Information Disclosure Act, etc.)
Article 42-2 For the purpose of offering or making available to the public a work
pursuant to the provisions of the Administrative Organs Information
Disclosure Act, the Incorporated Administrative Agencies, etc. Information
Disclosure Act or the Information Disclosure Ordinance, the head of an
administration organ, an independent administrative agency, etc., an organ ofa local public entity or a local independent administrative agency may, if and27

to the extent deemed necessary for purposes of disclosure, exploit the work inaccordance with the method(s) prescribed, respectively, in (a) Article 14,
paragraph (1) of the Administrative Organs Information Disclosure Act(including the provisions of the Cabinet Order based upon said paragraph), (b)Article 15, paragraph (1) of the Incorporated Administrative Agencies, etc.
Information Disclosure Act (including the method(s) established by therelevant independent administrative agency, etc. based upon said paragraph,other than those provided for by the Cabinet Order based upon the provisionsof Article 14, paragraph (1) of the Administrative Organs Information
Disclosure Act), or (c) the Information Disclosure Ordinances (excluding themethod(s) other than those prescribed in Article 14, paragraph (1) of the
Administrative Organs Information Disclosure Act, which in turn includes theprovisions of the Cabinet Order based upon said paragraph).
(Exploitation by means of translation, adaptation, etc.)
Article 43 When exploitation of a work is permitted under any of the items listed
below, such exploitation may be done pursuant to the method and inaccordance with the provisions set forth in each respective item below:(i) Article 30, paragraph (1) or Article 33, paragraph (1) (including the casewhere applied mutatis mutandis pursuant to paragraph (4) of the same
Article), Article 34, paragraph (1) or Article 35: translation, 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 37-2: adaptation (limited to summary forms only).
(Ephemeral recordings by broadcasting organizations, etc.)
Article 44 (1) Broadcasting organizations may make ephemeral sound or visual
recordings of a work which they are in a position to broadcast without
infringing the rights [of the author] provided for in Article 23, paragraph (1),for purposes of their own broadcasts and through use of their own facilities or
those of other broadcasting organizations which are also in a position tobroadcast the same work.
(2) Wire-broadcasting organizations may make ephemeral sound or visual
recordings of a work which they are in a position to wire-broadcast without
infringing the rights of [the author] provided for in Article 23, paragraph (1),for purposes of their own wire-broadcasts (except those made upon reception ofbroadcasts) and through use of their own facilities.
(3) It shall not be permissible to preserve ephemeral sound or visual recordings
made pursuant to the provisions of the preceding two paragraphs for a period
beyond six months of their recordation, or, if the recordings are broadcasted or28

wire-broadcasted within this period, for a period beyond six months of said
broadcast or wire-broadcast. The foregoing, however, shall not apply whenpreservation in official archives is authorized by Cabinet Order.
(Exhibition of an artistic work, etc. by the owner of the original)
Article 45 (1) The original of an artistic work or a photographic work may be
publicly exhibited by its owner or by a person with authorization from saidowner.
(2) The provisions of the preceding paragraph shall not apply with respect to apermanent installation of the original of an artistic work in open places
accessible by the public, such as streets and parks, or at places easily seen by
the public, such as the outer walls of buildings.
(Exploitation of an artistic work, etc. located in open places)
Article 46 With the exception of the following instances, it shall be permissible
to exploit, by any means whatsoever, an artistic work permanently installed in
an open place as provided for in paragraph (2) of the preceding Article and anarchitectural work:(i) reproduction of a sculpture and offering such reproduction to the public bytransferring ownership of it;(ii) [imitative] reproduction of an architectural work and offering such
[imitative] reproduction to the public by transferring ownership of it;(iii) reproduction of a work for the purpose of permanent installation in an
open place as provided for in paragraph (2) of the preceding Article;(iv) reproduction of an artistic work exclusively for the purpose of selling its
reproductions and the sale of such reproductions.
(Reproduction required for exhibition of artistic works, etc.)
Article 47 A person who publicly exhibits the originals of artistic works orphotographic works in a manner that does not harm the rights [of the author]
provided for in Article 25, may reproduce such works in pamphlets for the
purpose of explaining or introducing them to viewers.
(Reproduction, etc. by the owner of the reproduction of a computer program
work)
Article 47-2 (1) The owner of a reproduction of a computer program work may
make reproductions or adaptations (including reproductions of derivative
works created by means of such adaptation) of said work if and to the extent
deemed necessary for his own exploitation of said work on a computer;provided, however, that the foregoing shall not apply where the provisions ofArticle 113, paragraph (2) applies to the use made of such reproductions in
29

connection with such exploitation.
(2) If the owner of the reproductions discussed in the preceding paragraph ceases
to have ownership of any of such reproductions (including reproductions madepursuant to the provisions of said paragraph), for reasons other than thedestruction of the same, he may not thereafter preserve other reproductions, inthe absence of any declaration of intention of the copyright holder to thecontrary.
(Ephemeral reproduction for maintenance, repairs, etc.)
Article 47-3 (1) In the case of maintenance or repairs on reproducing machineswith a built-in memory ("reproducing machine with a built-in memory" meansa machine with a reproduction function that makes reproductions by recording
information to a memory built into the machine (referred to in this Article as"built-in memory" hereinafter); the same shall apply in next paragraph), works
recorded on the built-in memory may be recorded ephemerally to a memory
other than that built-in memory, and recorded to such built-in memory inquestion after said maintenance or repairs to the extent deemed necessary.
(2) When exchanging reproducing machine with a built-in memory for the samekind of machine because of a manufacturing defect or breakdown caused
during the processes until sale, works recorded on the built-in memory may berecorded ephemerally to a memory other than that built-in memory, andrecorded to the built-in memory of the same kind of such machine to the extent
deemed necessary.
(3) A person who recorded a work on a memory other than the built-in memory
pursuant to the provisions of the preceding two paragraphs shall not preserve
copies of such work that was recorded in such memory after maintenance,
repair or exchange pursuant to these provisions.
(Transfer of ownership of reproductions made pursuant to the provisions oflimitations on the right of reproduction)
Article 47-4 Works permitted to be reproduced pursuant to the provisions ofArticle 31, item (i), Article 32, Article 33, paragraph (1) (including the cases
where applied mutatis mutandis pursuant to paragraph (4) of the same Article),
Article 33-2, paragraph (1), Article 34, paragraph (1), Article 35, paragraph (1),Article 36, paragraph (1), Article 37, paragraph (1) or (2), Article 39, paragraph(1), Article 40, paragraph (1) or (2), Article 41, 42, 42-2, 46 or 47 (excluding,however, in cases involving the provisions of Article 31, item (i), Article 35,
paragraph (1), Article 36, paragraph (1) or Article 42, reproductions ofcinematographic works (including, in the case of works reproduced incinematographic works, reproductions of such cinematographic works; thesame shall apply below in this Article)) may be offered to the public by30

transferring ownership of the reproductions made pursuant to these provisions.
The foregoing, however, shall not apply where the ownership of reproductionsof Works made pursuant to the provisions of Article 31, item (i), Article 33-2,
paragraph (1), Article 35, paragraph (1), Article 41, 42 or 42-2 (excluding,however, in cases involving the provisions of Article 31, item (i), Article 33-2,
paragraph (1), Article 35, paragraph (1) or Article 42, copies ofcinematographic works) is transferred to the public for purposes other thanthose provided for in Article 31, item (i), Article 35, paragraph (1), Article 41,
42 or 42-2.
(Clear indication of source)
Article 48 (1) In each of the cases listed in the items below, the source of thework as provided for in such item must be clearly indicated in the manner andto the extent deemed reasonable in light of the manner of the reproduction
and/or exploitation:(i) where reproduction of works is made pursuant to the provisions of Article 32,
Article 33, paragraph (1) (including the case where applied mutatis mutandis
pursuant to the provisions of paragraph (4) of the same Article), Article 33-2,
paragraph (1), Article 37, paragraph (1) or Article 42 or Article 47;(ii) where exploitation of works is made pursuant to the provisions of Article 34,
paragraph (1), Article 37, paragraph (3), Article 37-2, Article 39, paragraph(1), or Article 40, paragraph (1) or (2);(iii) where exploitation of works, by means other than by reproduction, is madepursuant to the provisions of Article 32, or where exploitation of works is
made pursuant to the provisions of Article 35, Article 36, paragraph (1),Article 38, paragraph (1), or Article 41 or 46, if, in each case, standardpractice so requires.
(2) When clearly indicating the source in accordance with the preceding
paragraph, the name of the author that appears on said work must be
indicated, except in cases where the author's name is clearly identifiable as aresult of such clear indication or where the work is anonymous.
(3) Where exploitation is made of works by translating, arranging musically,transforming or adapting them pursuant to the provision of Article 43, clear
indication of the source of the work must be made, as provided for in theprovisions of the preceding two paragraphs.
(Uses, etc. of reproductions for other purposes)
Article 49 (1) The following person shall be deemed to have made a reproduction
as provided for in Article 21:(i) a person who either (a) distributed reproductions of works made pursuant to,
but for purposes other than those provided for in, the provisions of Article 30,
31

paragraph (1), Article 31, item (i), Article 33-2, paragraph (1), Article 35,
paragraph (1), Article 37, paragraph (3), or Articles 41 to 42-2, or Article 44,
paragraph (1) or (2), or (b) made available to the public works through such
reproductions;(ii) a broadcasting organization or wire-broadcasting organization which
preserved ephemeral recordings in violation of the provisions of Article 44,
paragraph (3);(iii) a person who either (a) distributed reproductions of works made pursuant
to the provisions of Article 47-2, paragraph (1) (excluding, however,reproductions falling within those provided for in item (ii) of the next
paragraph) or reproductions of works recorded ephemerally in a memory
other than the built-in memory as provided in Article 47-3, paragraph (1) or(2) pursuant to the provisions of Article 47-3, paragraph (1) or (2), or (b)made these works available to the public through these reproductions;(iv) a person who preserved these prescribed reproductions in violation of theprovisions set forth in Article 47-2, paragraph (2) or Article 47-3, paragraph(3) (excluding, however, reproductions falling within those provided for initem (ii) of the next paragraph).
(2) The following persons shall be deemed to have made a translation, musicalarrangement, transformation or adaptation as provided for in Article 27 withrespect to original works of the derivative works concerned:(i) a person who either (a) distributed reproductions of derivative works madepursuant to the provisions of Article 30, paragraph (1), Article 31, item (i),Article 35, Article 37, paragraph (3), or Article 41 or 42, by virtue of theapplication of the provisions of Article 43, item (i) or (ii), or (b) made suchderivative works available to the public through such reproductions, in eachcase, for purposes other than those provided for in the aforementioned
provisions;(ii) a person who either [(a)] distributed reproductions of a derivative work
made pursuant to the provision of Article 47-2, paragraph (1), or [(b)] madesuch derivative work available to the public through such reproductions;(iii) a person who preserves reproductions set forth in the preceding item inviolation of the provisions of Article 47-2, paragraph (2).
(Relationship with moral rights of author)
Article 50 The provisions of this Subsection shall not be construed as affecting
the moral rights of an author.
Section 4 Term of Protection(In general)32Article 51 (1) The duration of a copyright shall begin at the time of the creationof the work.
(2) Unless otherwise provided in this Section, the copyright shall continue tosubsist until the end of the fifty year period following the death of the author(or in the case of a work of joint authorship, following the death of the last
surviving co-author; the same shall apply in paragraph (1) of the next Article).
(Term of protection for anonymous or pseudonymous works)
Article 52 (1) The copyright in an anonymous or pseudonymous work shallcontinue to subsist until the end of the fifty year period following the making
public of the work; provided, however, that if the fifty year period following thedeath of the work's author is found to have ended before the expiration of said
fifty year period following the making public of the work, then the copyright insuch work shall be deemed to expire at the time found to be the end of the fifty
year period following the death of said work's author.
(2) The provisions of the preceding paragraph shall not apply in any of thefollowing cases:(i) where the pseudonym adopted by the author with respect to a
pseudonymous work is widely known as that of the author;(ii) where, within the period set forth in the preceding paragraph, the author
causes his true name to be registered pursuant to the provisions of Article 75,
paragraph (1);(iii) where, within the period set forth in the preceding paragraph, the author
makes public his work on which he indicates his true name or a widely
known pseudonym of his, as the name of the author.
(Term of protection for works under the name of a corporate body)
Article 53 (1) The copyright in a work bearing the name of a juridical person orother corporate body as that of its author [including a work which does notbear any name as the name of its author but which, if made public, would bear
the name of a juridical person or other corporate body as the name of its
author] shall continue to subsist until the end of the fifty year period following
the making public of the work, or if the work is not made public within the fifty
year period following its creation, then until the end of the fifty year period
following said work's creation.
(2) The provisions set forth in the preceding paragraph shall not apply where,
within the period set forth in the preceding paragraph, an individual who isthe author of a work bearing the name of a juridical person or other corporatebody as the name of its author, makes public the work on which he indicateshis true name or a widely known pseudonym of his, as the name of the author.
(3) With respect to the duration of a copyright in a work the authorship of which33

is attributed to a juridical person or other corporate body pursuant to theprovisions of Article 15, paragraph (2), the provisions of paragraph (1) shallapply even to a work which does not qualify as a work dealt with in paragraph(1), as if such work bore the name of such corporate body as that of its author.
(Term of protection for cinematographic works)
Article 54 (1) The copyright in a cinematographic work shall continue to subsist
until the end of the seventy year period following the making public of thework, or if the work has not been made public within the seventy year period
following its creation, then until the end of the seventy year period following
the work's creation.
(2) When the copyright in a cinematographic work expires by reason of the
expiration of its duration, the copyright in the original work [with respect towhich said cinematographic work is a derivative work], as far as the
exploitation of said cinematographic work is concerned, shall be deemed to also
expire [at the time of the expiration of the copyright in said cinematographic
work].
(3) The provisions of the preceding two Articles shall not apply to copyrights incinematographic works.
Article 55 Deleted.
(Time when serial publications, etc. are made public)
Article 56 (1) The time when a work is made public for the purposes of Article 52,
paragraph (1), Article 53, paragraph (1), and Article 54, paragraph (1), shall be,[(a)] in the case of a work made public in successive volumes, issues or
installments, at the time when each volume, issue or installment is madepublic, and [(b)] in the case of a work gradually made public in parts, at thetime when its last part is made public.
(2) In the case of a work gradually made public in parts, the part last madepublic shall be deemed to be the last part for the purpose of the preceding
paragraph if the part that is supposed to follow next is not made public within
three years after the immediately preceding part was made public.
(Calculation of the term of protection)
Article 57 In the case of Article 51, paragraph (2), Article 52, paragraph (1),Article 53, paragraph (1), and Article 54, paragraph (1), when determining theend of the fifty year period following the death of the author, the end of thefifty year period following either the making public of a work or the creation ofa work, as well as the end of the seventy year period following either the
making public of a work or the creation of a work, calculation shall be made34

from the beginning of the year following the year in which the death of theauthor, the making public of the work or the creation of the work, as the casemay be, occurred.
(Special provisions for the term of protection)
Article 58 If the country of origin of a work (other than a work with respect towhich Article 6, item (i) is applicable) is a foreign state which is a member of
the International Union established by the Berne Convention for the Protectionof Literary and Artistic Works, a contracting party to the WIPO CopyrightTreaty or a member state of the World Trade Organization pursuant to theprovisions of the Berne Convention, the WIPO Treaty or the Marrakech
Agreement Establishing the World Trade Organization, as the case may be,
and if the duration of the copyright therein granted by that country of origin isshorter than that provided for in Articles 51 to 54, then the duration of the
copyright shall be that granted by said country of origin.
Section 5 Personal Nature of Moral Rights of Author, etc.
etc.
(Personal nature of moral rights of author)
Article 59 The moral rights of author shall be personal and exclusive to theauthor and cannot be transferred.
(Protection of moral interests after author's death)
Article 60 Even after the death of the author, no person who offers or makes
available a work to the public may commit an act which would constitute an
act of infringement upon the moral rights of author if the author were alive;
provided, however, that the foregoing shall not apply to such act where it isfound to not be against the will of the author in light of the nature and extent
of the act as well as changes in social circumstances and other conditions.
Section 6 Transfer and Expiry of Copyright(Transfer of copyright)
Article 61 (1) A copyright may be transferred in whole or in part.
(2) Where a contract for the transfer of a copyright makes no particular reference
to the rights provided for in Article 27 or 28 as the rights being transferred
thereunder, it shall be presumed that such rights have been reserved to thetransferor.
(Termination of copyright in the absence of heirs, etc.)
Article 62 (1) A copyright shall terminate in the following cases:
35

(i) where, upon the author's death, the copyright escheats to the National
Treasury pursuant to the provisions of Article 959 (Escheatment of
Remaining Assets to National Treasury) of the Civil Code (Act No. 89 of1896);(ii) where, upon the dissolution of a juridical person who is the copyrightholder, the copyright escheats to the National Treasury pursuant to theprovisions of Article 72, paragraph (3) (Escheatment of Remaining Assets to
National Treasury) of the Civil Code or the provisions of other equivalentActs.
(2) The provisions of Article 54, paragraph (2) shall apply mutatis mutandis in
the case where the copyright in a cinematographic work terminates pursuant
to the provisions of the preceding paragraph.
Section 7 Exercise of Rights(Authorization to exploit works)
Article 63 (1) The copyright holder may authorize another person to exploit thework which is the subject of his copyright.
(2) A person who obtains authorization pursuant to the preceding paragraph may
exploit the subject work in the manner and to the extent so authorized.
(3) The right to exploit the work which is the subject of an authorization granted
pursuant to paragraph (1) may not be transferred without the consent of the
copyright holder.
(4) Unless otherwise stipulated by contract, an authorization granted pursuant
to paragraph (1) to broadcast or wire-broadcast a work does not include anauthorization to make sound or visual recordings of said work.
(5) The provisions of Article 23, paragraph (1) shall not apply to the making
transmittable of a work by a person who has obtained authorization to make awork transmittable pursuant to paragraph (1), to the extent the making
transmittable of such work is made repeatedly or by means of anotherautomatic public transmission server in the manner and to the extent so
authorized; provided, however, that such manner and/or extent do not deal
with the frequency of the making transmittable of such work or with theautomatic public transmission server to be utilized for the making
transmittable of such work.
(Exercise of moral rights of co-authors)
Article 64 (1) The moral rights of co-authors of a work of joint authorship may
not be exercised without the unanimous agreement of all co-authors.
(2) A co-author of a work of joint authorship may not, in bad faith, prevent theagreement set forth in the preceding paragraph from being reached.
36

(3) Co-authors may appoint, from among themselves, one co-author to exercise
their moral rights, as their representative.
(4) Limitations on the authority of a person to exercise the rights referred to in
the preceding paragraph as a representative, may not be asserted against athird party without knowledge [of such limitations].
(Exercise of joint copyright)
Article 65 (1) A co-holder of a copyright in a work of joint authorship or of any
other co-owned copyright (hereinafter in this Article referred to as "joint
copyright") may not transfer or pledge his share without the consent of theother co-holders.
(2) A joint copyright may not be exercised without the unanimous agreement of
all co-holders.
(3) In the preceding two paragraphs, a co-holder may not, without justifiablegrounds, refuse to give the consent provided for in paragraph (1) or prevent theagreement provided for in the preceding paragraph from being reached.
(4) The provisions of paragraphs (3) and (4) of the preceding Article shall apply
mutatis mutandis to the exercise of a joint copyright.
(Copyright which is the subject of a pledge)
Article 66 (1) The copyright holder shall be entitled to exercise the copyrighteven when a pledge has been established thereon, unless otherwise provided by
the act of establishment.
(2) A pledge on a copyright may also be exercised on the money or any otherthing to be received by the copyright holder in connection with the transfer ofsaid copyright or the exploitation of the work which is the subject of the
copyright (including any consideration for establishment of a right ofpublication); provided, however, that before payment or delivery [of the moneyor other thing], the right to receive the same has been attached.
Section 8 Exploitation
Exploitati on of Work under Ruling [for Compulsory License](Exploitation of work where the copyright holder thereof is unknown, etc.)
Article 67 (1) When, despite reasonable efforts, it is not possible to contact the
copyright holder because his identity is unknown or for other [similar] reasons,then it shall be possible to exploit, under authority of a ruling [for compulsory
license] issued by the Commissioner of the Agency for Cultural Affairs andupon depositing, for the benefit of the copyright holder, compensation in theamount fixed by the Commissioner as corresponding to the ordinary amount ofroyalty therefor, a work which has been made public or a work as to which it isclear that it has been offered or made available to the public for a considerable
37period of time.
(2) A reproduction of a work made pursuant to the provisions of the preceding
paragraph shall indicate that it is a reproduction made pursuant to a ruling[for compulsory license] issued pursuant to the provisions of said paragraphand the date when said ruling [for compulsory license] was issued.
(Broadcasting of a work)
Article 68 (1) A broadcasting organization which wishes to broadcast a work thathas already been made public may, after first requesting consultation with the
work's copyright holder regarding authorization to broadcast the work andfailing to reach agreement through such consultation, or when unable to enter
into consultation with the work's copyright holder regarding such
authorization, broadcast such work under the authority of a ruling [forcompulsory license] issued by the Commissioner of the Agency for Cultural
Affairs and upon payment to the copyright holder of compensation in theamount fixed by the Commissioner as corresponding to the ordinary amount ofroyalty therefor.
(2) Works broadcasted pursuant to the provisions of the preceding paragraph
may also transmitted by wire-broadcast or automatic public transmission to bereceived exclusively in a Broadcasting Service Area pertaining to thesebroadcasts (including making a work transmittable by means of inputting
information into an automatic public transmission server already connected toa telecommunications line which is provided for use by the public), or
communicated to the public by means of a receiving apparatus. In such case,the person making such wire-broadcast, automatic public transmission orcommunication to the public must pay to the copyright holder compensation in
an amount corresponding to the ordinary amount of royalty therefor, except in
the case where the provisions of Article 38, paragraph (2) or (3) are applicable.
(Recording, etc. on a commercial phonogram)
Article 69 When a commercial phonogram has been sold for the first time in thiscountry and three years have passed from the date of the first sale of suchcommercial phonogram, a person wishing to make a sound recording of amusical work recorded on such phonogram with the authorization of such
musical work's copyright holder and to thereby manufacture a different
commercial phonogram may, after first requesting consultation with the music
work's copyright holder regarding authorization to make a sound recording ofsuch work or to offer such sound recording to the public and failing to reachagreement through such consultation, or when unable to enter into
consultation with the work's copyright holder, make such sound recording oroffer such sound recording to the public by transfer of ownership under the38

authority of a ruling [for compulsory license] issued by the Commissioner of the
Agency for Cultural Affairs and upon payment to the copyright holder ofcompensation in the amount fixed by the Commissioner as corresponding to theordinary amount of royalty therefor.
(Procedures and standards for a ruling [for compulsory license])
Article 70 (1) Applicants for a ruling [for compulsory license] provided for in
Article 67, paragraph (1), Article 68, paragraph (1) or the preceding Article
shall pay an application fee, the amount of which shall be fixed by Cabinet
Order taking into account the actual costs thereof.
(2) The provisions of the preceding paragraph shall not apply to cases where theperson who would [otherwise] be required to pay the application fee pursuant
to the provisions of said paragraph is the State or an independentadministrative agency designated by Cabinet Order by taking into
consideration the nature of its business or other circumstances (in Article 78,
paragraph (5) and Article 107, paragraph (2), collectively referred to as "theState, etc.").
(3) Upon receipt of an application for a ruling [for compulsory license] provided
for in Article 68, paragraph (1) or the preceding Article, the Commissioner ofthe Agency for Cultural Affairs shall notify the copyright holder concerned ofsuch application and afford him an opportunity to state his opinion within areasonable period of time specified by the Commissioner.
(4) Upon receipt of an application for a ruling [for compulsory license] provided
for in Article 67, paragraph (1), Article 68, paragraph (1) or the preceding
Article, the Commissioner of the Agency for Cultural Affairs shall not issue
such a ruling [for compulsory license] when he finds that any of the following
items applies:(i) that it is clear that the author has the intention to forever cease thepublication or other exploitation of his work; or(ii) that unavoidable circumstances will not permit the copyright holder whose
work is the subject of the application for a ruling [for compulsory license]
provided for in Article 68, paragraph (1) to give the authorization tobroadcast said work.
(5) When, as per the provisions of the preceding paragraph, the Commissioner ofthe Agency for Cultural Affairs intends to not issue the ruling [for compulsory
license], it shall give advance notice to the applicant of its reasons for such
refusal and afford the applicant an opportunity to explain his case and furnish
evidence in support thereof. When [finally] making the decision to refuse toissue a ruling [for compulsory license], the Commissioner shall notify theapplicant of such denial, in writing, accompanied by the reasons therefor.
(6) Upon issuance of the ruling [for compulsory license] provided for in Article 67,
39

paragraph (1), the Commissioner of the Agency for Cultural Affairs shall give
public notice thereof in the Official Gazette and at the same time, notify theapplicant of such issuance. Upon issuance of the ruling [for compulsory license]
provided for in Article 68, paragraph (1) or the preceding Article, theCommissioner shall notify the parties concerned of such issuance.
(7) In addition to those matters provided for in the preceding paragraphs, othermatters necessary in connection with the rulings [for compulsory license]
provided for in this Section shall be provided by Cabinet Order.
Section 9 Compensation(Consultation with the Council for Cultural Affairs)
Article 71 When fixing the amount of compensation provided for in Article 33,
paragraph (2) (including the case where applied mutatis mutandis pursuant to
the provisions of paragraph (4) of the same Article), Article 33-2, paragraph (2),Article 67, paragraph (1), Article 68, paragraph (1), and Article 69, theCommissioner of the Agency for Cultural Affairs shall consult with the Council
for Cultural Affairs.
(Action with respect to the amount of compensation fixed)
Article 72 (1) Concerned parties who are dissatisfied with the amount ofcompensation fixed pursuant to the provisions of Article 67, paragraph (1),Article 68, paragraph (1) or Article 69 may, within six months of learning thata ruling [for compulsory license] has been issued in accordance with suchprovisions, bring an action for an increase or decrease of the amount ofcompensation.
(2) In the action set forth in the preceding paragraph, the copyright holder shallbe the defendant when the person who brings the action is the exploiter of thework, and the exploiter of the work shall be the defendant when the person
who brings the action is the copyright holder.
(Limitations on objections to the amount of compensation fixed)
Article 73 In an objection raised under the Administrative Dissatisfaction
Inspection Act (Act No. 160 of 1962) to a ruling [for compulsory license] issued
pursuant to the provisions of Article 67, paragraph (1), Article 68, paragraph(1) or Article 69, dissatisfaction with the amount of the compensation fixedshall not constitute a reason for dissatisfaction with the issuance of the ruling[for compulsory license]; provided, however, that the foregoing shall not apply
in the case where the person who obtains a ruling [for compulsory license]
provided for in Article 67, paragraph (1) is unable to bring an action provided
for in paragraph (1) of the preceding Article because the identity of the40

copyright holder is unknown or for other equivalent reasons.
(Deposit of compensation)
Article 74 (1) In any of the following cases, a person who is required to pay thecompensation provided for in Article 33, paragraph (2) (including the casewhere applied mutatis mutandis pursuant to the provisions of paragraph (4) of
the same Article), Article 33-2, paragraph (2), Article 68, paragraph (1) or
Article 69 shall, instead of paying the compensation [to the copyright holder],deposit said compensation:(i) where the copyright holder refuses or is unable to receive the compensation;(ii) where, without negligence on the part of said person, the copyright holder
cannot be ascertained;(iii) where said person brings an action provided for in Article 72, paragraph(1) with respect to the amount of the compensation;(iv) where a pledge has been established on the copyright (except in the casewhere authorization has been obtained from the pledgee).
(2) In the case of item (iii) of the preceding paragraph, at the request of the
copyright holder, the person who is required to pay the compensation shall pay[to the copyright holder] an amount based upon his own estimate and deposit
the difference between his estimated amount and the amount of compensation
fixed in the ruling [for compulsory license].
(3) The deposit of the compensation pursuant to the provisions of Article 67,
paragraph (1) or the preceding two paragraphs shall be made (a) with thedeposit office nearest to the domicile or residence of the copyright holder in theevent that said copyright holder is domiciled or maintains a residence at aknown address in this country, or (b) in all other cases, with the deposit officenearest to the domicile or the residence of the depositor, as the case may be.
(4) The person who has made a deposit pursuant to the provisions of thepreceding paragraph shall promptly notify the copyright holder of the fact ofsaid deposit. The foregoing, however, shall not apply in the case where thedepositor is unable to notify the copyright holder because the identity of the
copyright holder is unknown or for other [similar] reasons.
Section 10 Registration(Registration of true name)
Article 75 (1) The author of a work that is made public, anonymously or
pseudonymously, may have his true name registered with respect to said work,
regardless of whether he actually owns the copyright therein.
(2) The author may, [even] after his death, obtain the registration of his true
name as set forth in the preceding paragraph through a person designated in41his [testamentary] will.
(3) A person whose true name has been registered shall be presumed to be theauthor of the work which is the subject of said registration.
(Registration of the date of first publication, etc.)
Article 76 (1) The copyright holder [of any work], as well as the publisher of ananonymous or pseudonymous work, may have registered said work's date offirst publication or the date when the work was first made public.
(2) Works as to which the date of first publication or the date of its first having
been made public has been registered shall be presumed to have been firstpublished or first made public on said registered date.
(Registration of the date of creation)
Article 76-2 (1) The author of a computer program work may have the date of thecreation of his computer program work registered. The foregoing, however,shall not apply where six months have passed since the creation of said work.
(2) A work as to which the date of [its] creation has been registered as set forthin the preceding paragraph shall be presumed to have been created on said
registered date.
(Registration of copyright)
Article 77 Unless registered, the matters set forth in the following items may
not be asserted against a third party:(i) the transfer (other than by inheritance or other universal successions; thesame shall apply in the next item) of the copyright or a restriction on thedisposal of the copyright;(ii) the establishment, transfer, modification or termination of the pledge on a
copyright (other than termination by reason of merger or by reason of thetermination of the copyright or the claim secured by the pledge), or a
restriction on the disposal of a pledge established on the copyright.
(Procedures, etc. for registration)
Article 78 (1) The registrations provided for in Article 75, paragraph (1), Article
76, paragraph (1), Article 76-2, paragraph (1) and the preceding Article areaccomplished by the Commissioner of the Agency for Cultural Affairs' entry [ofthe relevant matters] in the copyright registry.
(2) Upon accomplishment of the registration set forth in Article 75, paragraph (1),the Commissioner of the Agency for Cultural Affairs shall give public notice ofsuch registration in the Official Gazette.
(3) Any person may request that the Commissioner of the Agency for Cultural
Affairs provide a transcript or extract of the copyright registry or a copy of the42

documents annexed thereto or an opportunity to inspect the copyright registry
and the documents annexed thereto.
(4) A person making a request pursuant to the preceding paragraph shall pay aprocessing fee, the amount of which shall be fixed by Cabinet Order, taking
into account the actual costs thereof.
(5) The provisions of the preceding paragraph shall not apply where the person
who would [otherwise] be required to pay the processing fee pursuant to theprovisions of said paragraph is the State, etc.
(6) The provisions of Chapters II and III of the Administrative Procedure Act(Act No. 88 of 1993) shall not apply to measures taken in connection withregistrations provided for in paragraph (1).
(7) The provisions of the Administrative Organs Information Disclosure Act shallnot apply to the copyright registry and the documents annexed thereto.
(8) The provisions of Chapter IV of the Act on the Protection of Personal
Information Held by Administrative Organs (Act No. 58 of 2003) shall not
apply to government-possessed personal information recorded in the copyrightregistry and the documents annexed thereto. The term "government-possessed
personal information" means such information as provided for in Article 2,paragraph (3) of said Act.
(9) In addition to those matters provided for in this Section, other mattersnecessary in connection with registrations provided for in paragraph (1) shallbe provided by Cabinet Order.
(Special provisions for the registration of a computer program work)
Article 78-2 In addition to those matters provided for in this Section, othermatters pertaining to the registration of computer program works shall be
provided by other Acts.
Chapter III Right of Publication(Establishment of the right of publication)
Article 79 (1) The holder of the right provided for in Article 21 (in this Chapter
referred to as "the holder of right of reproduction") may establish a right ofpublication in favor of a person who undertakes to publish the work in adocument or picture.
(2) If a pledge is established on the right of reproduction, the holder of the rightof reproduction shall only be able to establish a right of publication with theconsent of the pledgee.
(Subject matter of the right of publication)
Article 80 (1) The holder of a right of publication shall, for the purpose of43

distribution and as provided by the act of establishment, possess the exclusive
right to reproduce the original of the work with respect to which the right ofpublication has been established, without change and in a document or a
picture, by means of printing or other mechanical or chemical processes.
(2) If [(a)] the author of the subject work dies within the duration of the right ofpublication or [(b)] unless otherwise provided by the act of establishment, three
years have passed since the first publication following the establishment of theright of publication, the holder of the right of reproduction may,notwithstanding the provisions set forth in the preceding paragraph, reproduce
the work in compilations, such as complete collections, comprised only of theworks of the same author.
(3) The holder of the right of publication may not authorize a third person to
reproduce the work with respect to which the right of publication has been
established.
(Obligation of publication)
Article 81 Unless otherwise provided by the act of establishment, the holder ofthe right of publication shall have the following obligations:(i) the obligation to publish the work within six months of the date of receiving,from the holder of the right of reproduction, manuscripts or other originals orother equivalent items that are necessary for the reproduction of the work;and(ii) the obligation to publish the work continuously in conformity with businesspractice.
(Revision and/or additions or deletions of work)
Article 82 (1) In the case of a new reproduction made by the holder of the rightof publication, the author may, to the extent reasonable, make revisions, andadditions or deletions, to his work.
(2) Whenever the holder of the right of publication intends to make a new
reproduction of the work with respect to which his right of publication has been
established, the holder of the right of publication shall notify the author [ofsuch work], in advance, of such intention.
(Duration of the right of publication)
Article 83 (1) The duration of the right of publication shall be as stipulated by
the act of establishment [of said right of publication].
(2) When the duration of the right of publication is not stipulated by the act of
establishment [of said right of publication], the right of publication shall expire
at the end of the three-year period following the day of first publication after
the establishment of said right.
44

(Right to terminate the right of publication)
Article 84 (1) When the holder of the right of publication is in breach of his
obligation under Article 81, item (i), the holder of the right of reproduction may
terminate said right of publication by notice to the holder thereof.
(2) When the holder of the right of publication is in breach of his obligation under
Article 81, item (ii), the holder of right of reproduction may terminate said
right of publication by notice to the holder thereof in the event that despite
demand by the holder of the right of reproduction for the holder of the right ofpublication to perform [its said obligation] within a period established by theholder of the right of reproduction (which period must be three months ormore), performance is not made within said period.
(3) When the substance of a work has become incompatible with the views of theauthor who is also the holder of the right of reproduction, he may, by notice tothe owner of the right of publication, terminate the right of publication in order
to effect the permanent cessation of the publication of the work; provided,
however, that the foregoing shall not apply unless said author compensates theholder of the right of publication, in advance, for any damages that ordinarily
arise as a result of the permanent cessation of publication.
Article 85 Deleted.
(Limitation on the right of publication)
Article 86 (1) The provisions of Article 30, paragraph (1), Articles 31 and 32,
Article 33, paragraph (1) (including where applied mutatis mutandis pursuant
to the provision of paragraph (4) of the same Article), Article 33-2, paragraph(1), Article 34, paragraph (1), Article 35, paragraph (1), Article 36, paragraph(1), Article 37, paragraph (1), Article 39, paragraph (1), Article 40, paragraphs(1) and (2), Articles 41 to 42-2, and Article 46 and Article 47 shall apply
mutatis mutandis to the reproduction of works with respect to which the rightof publication has been established. In these cases, the term "the copyrightholder" in Article 35, paragraph (1) and Article 42, paragraph (1) shall bedeemed to be replaced with "the holder of the right of publication".
(2) The person who, for purposes other than those provided for in Article 30,
paragraph (1), Article 31, item (i), Article 33-2, paragraph (1), Article 35,
paragraph (1), Article 41, 42 or 42-2, as applied mutatis mutandis pursuant to
the preceding paragraph, distributes reproductions of a work which have been
made by virtue of the application of said provisions or makes said work
available to the public by distributing said reproductions, shall be deemed tohave made reproductions as provided for in Article 80, paragraph (1).

45

(Transfer, etc. of the right of publication)
Article 87 The right of publication may be transferred or pledged only with theauthorization of the holder of the right of reproduction.
(Registration of the right of publication)
Article 88 (1) Unless registered, the matters set forth in the following items may
not be asserted against a third party:(i) the establishment, transfer (other than by inheritance or other universal
successions; the same shall apply in the next item), modification or
termination (other than termination by reason of merger, or because of thetermination of the right of reproduction), or a restriction on disposal of theright of publication;(ii) the establishment, transfer, modification or termination of a pledge on aright of publication (other than termination by reason of merger of the pledge,
or because of the termination of the right of publication or the claim secured
thereby), or a restriction on disposal of the pledge established on the right ofpublication.
(2) The provisions of Article 78 (except for paragraph (2) thereof) shall apply
mutatis mutandis to the registration set forth in the preceding paragraph. In
such case, the term "the copyright registry" in Article 78, paragraphs (1), (3),(7) and (8) shall be deemed to be replaced with "the registry of the right ofpublication".
Chapter IV Neighboring Rights
Section 1 General Provisions
Provisions(Neighboring rights)
Article 89 (1) The performer shall enjoy the rights provided for in Article 90-2,
paragraph (1) and Article 90-3, paragraph (1) (hereinafter referred to as "moral
rights of performer") and the rights provided for in Article 91, paragraph (1),Article 92, paragraph (1), Article 92-2, paragraph (1), Article 95-2, paragraph(1) and Article 95-3, paragraph (1), as well as the right to remuneration
provided for in Article 94-2 and Article 95-3, paragraph (3) and secondary use
fees as provided for in Article 95, paragraph (1).
(2) The producer of a phonogram shall enjoy the rights provided for in Articles 96
and 96-2, Article 97-2, paragraph (1) and Article 97-3, paragraph (1), as well as
the right to secondary use fees provided for in Article 97, paragraph (1) and theright to remuneration provided for in Article 97-3, paragraph (3).
(3) The broadcasting organization shall enjoy the rights provided for in Articles
98 to 100.
(4) The wire-broadcasting organization shall enjoy the rights provided for in
46

Articles 100-2 to 100-5.
(5) Enjoyment of the rights referred to in each of the preceding paragraphs shallnot be subject to any formality.
(6) The rights referred to in paragraphs (1) to (4) (other than the moral rights ofperformer, as well as the right to remuneration and secondary use fees referred
to in paragraphs (1) and (2)), are called "neighboring rights".
(Relationship between the rights of authors and neighboring rights)
Article 90 The provisions of this Chapter shall not be construed as affecting therights of authors.
Section 2 Rights of Performer(Right to indicate name)
Article 90-2 (1) When a performer's performance is offered or made available tothe public, the performer shall have the right to determine whether his name,his stage name or any other alternative to his name should be indicated as thename of the performer, or whether the name of the performer is to be indicatedat all.
(2) In the absence of any manifestation of intention by the performer to thecontrary, a person exploiting a performance may indicate the name of theperformer in the same manner as already adopted by the performer.
(3) It shall be permissible to omit any indication of the name of the performer
where, in light of the purpose and the manner of exploitation of a performance,
it is determined that there is no risk of harming the interests of the performer
to assert that he is the performer of his performance or that such omission iscompatible with fair practice.
(4) The provisions of paragraph (1) shall not apply in any of the following cases:(i) if the name of the performer is indicated in the same manner as alreadyadopted by the performer when his performance is offered or made available
to the public by the head of a government organization, by an incorporated
administrative agency, etc. or by an organ of a local public entity or a local
incorporated administrative agency pursuant to the provisions of the
Administrative Organs Information Disclosure Act, the Incorporated
Administrative Agencies, etc. Information Disclosure Act or Information
Disclosure Ordinances;(ii) if the name of the performer is to be omitted at the time that his
performance is offered or made available to the public by the head of an
administrative organ, by an incorporated administrative agency, etc. or by anorgan of a local public entity or a local incorporated administrative agency
pursuant to the provisions of Article 6, paragraph (2) of the Administrative47

Organs Information Disclosure Act, the provisions of Article 6, paragraph (2)of the Incorporated Administrative Agencies, etc. Information Disclosure Act
or the provisions of the Information Disclosure Ordinances equivalent tothose of Article 6, paragraph (2) of the Administrative Organs Information
Disclosure Act.
(Right to preserve integrity)
Article 90-3 (1) The performer shall have the right to preserve the integrity ofhis performance against any distortion, mutilation or other modification thatwould harm his honor or reputation.
(2) The provisions of the preceding paragraph shall not apply to modifications
deemed unavoidable in light of the nature of the performance as well as the
purpose and manner of its exploitation, or to modifications deemed not to beincompatible with fair practice.
(Right to make sound or visual recordings)
Article 91 (1) The performer shall have the exclusive right to make sound orvisual recordings of his performance.
(2) The provisions of the preceding paragraph shall not apply to sound or visually
recorded performances which have been incorporated into cinematographic
works with the authorization of the person entitled to the right provided for in
the preceding paragraph, except where such recorded performances are to beincorporated into sound recordings (excluding, however, those sound recordings
intended to be replayed exclusively with images).
(Right to broadcast and right to wire-broadcast)
Article 92 (1) The performer shall have the exclusive rights to broadcast and towire-broadcast his performance.
(2) The provisions of the preceding paragraph shall not apply in the following
cases:(i) in the case of a wire-broadcast of a broadcasted performance;(ii) in the case of a broadcast or a wire-broadcast of the following performances:(a) sound or visually recorded performances made with the authorization of
the person entitled to the right provided for in paragraph (1) of thepreceding Article;(b) sound or visually recorded performances provided for in paragraph (2) of
the preceding Article, excluding, however, the sound recordings provided
for in said paragraph.
(Right to make transmittable)
Article 92-2 (1) The performer shall have the exclusive right to make his48performance transmittable.
(2) The provisions of the preceding paragraph shall not apply to the following
performances:(i) visually recorded performances made with the authorization of the person
entitled to the right provided for in Article 91, paragraph (1);(ii) sound or visually recorded performances provided for in Article 91,
paragraph (2), excluding, however, the sound recordings provided for in said
paragraph.
(Fixation for broadcast purposes)
Article 93 (1) A broadcasting organization which has obtained authorizationfrom the person entitled to the right to broadcast provided for in Article 92,
paragraph (1) to broadcast a performance may make sound or visual recordingsof such performance for the purpose of broadcasting the same; provided,
however, that the foregoing shall not apply where contractually otherwise
provided or where the sound or visual recording is to be used for the purpose ofbroadcasting a program different in contents from the program authorized forbroadcasting.
(2) The following persons shall be deemed to have made the sound or visual
recording provided for in Article 91, paragraph (1):(i) a person who used or offered a sound or visual recording made pursuant to
the provisions of the preceding paragraph (a) for a purpose other thanbroadcasting said recording, or (b) for the purpose provided for in the proviso
to the same paragraph;(ii) a broadcasting organization which has been offered a sound or visual
recording made pursuant to the provisions of the preceding paragraph andwhich re-offered the same to another broadcasting organization forrebroadcasting by the latter.
(Broadcast of fixation, etc. made for broadcast purposes)
Article 94 (1) Unless contractually otherwise provided, when the person entitledto the right provided for in Article 92, paragraph (1) authorizes the broadcastof the performance, the performance may be broadcasted not only in the
broadcast so authorized, but in the following broadcasts as well:(i) a broadcast which uses sound or visual recordings made pursuant to theprovisions of paragraph (1) of the preceding Article, by a broadcastingorganization which has obtained said authorization;(ii) a broadcast which [(a)] uses sound or visual recordings made by thebroadcasting organization which has obtained said authorization pursuant to
the provisions of paragraph (1) of the preceding Article, and [(b)] is suppliedby such broadcasting organization;49

(iii) a broadcast (other than the broadcast set forth in the preceding item)
which uses authorized programs supplied by the broadcasting organization
which has obtained said authorization.
(2) When broadcasting a performance in a broadcast provided for in any of theitems of the preceding paragraph, the broadcasting organization provided forin said item shall pay a reasonable amount of remuneration for said
performance to the person entitled to the right provided for in Article 92,
paragraph (1).
(Wire-broadcasting of a broadcasted performance)
Article 94-2 When a wire-broadcasting organization has wire-broadcasted abroadcasted performance (excluding when for non-profit-making purposes and
if no fees are charged to the audience or spectators ("fees" includes
consideration of any kind whatsoever for the making available of theperformance; the same shall apply in paragraph (1) of the next Article)), theorganization shall pay a reasonable amount of remuneration to the performers
whose performance (only, however, to the extent of the duration of theneighboring rights, excluding those described in Article 92, paragraph (2) item(ii)) is incorporated in such wire-broadcast.
(Secondary use of commercial phonograms)
Article 95 (1) When a broadcasting organization or wire-broadcastingorganization (below in this Article and in Article 97, paragraph (1) referred toas "broadcasting organization, etc.") broadcasts or wire-broadcasts using
commercial phonograms incorporating a sound recording of the [subject]
performance, which sound recording has been made with the authorization of
the person entitled to the right as provided for in Article 91, paragraph (1)(excluding when for non-profit-making purposes and if no fees are charged tothe audience or spectators and the wire-broadcasts is made simultaneouslywith reception of such broadcasts), it shall pay secondary use fees to theperformer of said performance (only, however, to the extent of the duration of
the neighboring rights for performances provided for in Article 7, items (i) to(vi); the same shall apply in the next paragraph through paragraph (4)).
(2) As far as the Contracting States of the Convention for the Protection of
Performers, etc. are concerned, the provisions of the preceding paragraph shallapply to a performer whose performance is fixed in a phonogram the producerof which is a national of a country which is a Contracting State, other than aContracting State which, pursuant to the provisions of Article 16 (1) (a) (i) of
said Convention, has declared that it will not apply the provisions of Article 12of said Convention.
(3) With respect to a phonogram provided for in Article 8, item (i), when the term50

of protection granted by a contracting state to the Convention for theProtection of Performers, etc. pursuant to Article 12 of the Convention isshorter than the period of protection enjoyed by a performer under theprovisions of paragraph (1), the term of protection to be enjoyed pursuant tosaid paragraph by a performer whose performance is fixed in a phonogram theproducer of which is a national of said Contracting State shall correspond to
the term of protection which, pursuant to the provisions of Article 12 of said
Convention, is granted by said contracting state with respect to phonograms
provided for in Article 8, item (i).
(4) In the case of a performer whose performance is fixed in a phonogram theproducer of which is a national of a country [(a)] which is a contracting state to
the WPPT (excluding, however, a contracting state to the Convention for theProtection of Performers, etc.) and [(b)] which has made certain reservations
pursuant to the provisions of Article 15 (3) of the WPPT, the provisions ofparagraph (1) shall apply, within the limitations of the reservations so made.
(5) When there exists an association (including a federation of associations)composed of a considerable number of professional performers doing businessin this country, which the Commissioner of the Agency for Cultural Affairs
designates, with the consent of such association, to have the right to receive
the secondary use fees provided for in the paragraph (1), then such right shallbe exercised exclusively through such association.
(6) The Commissioner of the Agency for Cultural Affairs may not make adesignation of an association as set forth in the preceding paragraph, unlesssuch association satisfies the following requirements:(i) that it is not established for profit-making purposes;(ii) that its members may freely join and withdraw;(iii) that its members are granted equal rights to vote and to elect;(iv) that it has sufficient ability to perform properly by itself the business of
exercising the rights to receive secondary use fees provided for in paragraph(1) for its respective holders (below in this Article referred to as "therightholders").
(7) When requested by a rightholder, the association set forth in paragraph (5)may not refuse to exercise the rightholder's right for him.
(8) When a request set forth in the preceding paragraph is made, the association
set forth in paragraph (5) has the authority, for the benefit of the rightholder
and in its own name, to take all judicial and non-judicial action in connection
with said right.
(9) As may be provided by Cabinet Order, the Commissioner of the Agency for
Cultural Affairs may require that the association set forth in paragraph (5)report on its business concerning the secondary use fees provided for inparagraph (1), request the submission of accounting books, documents and51

other materials, and/or make necessary recommendations for improving themanner of the execution of said association's business.
(10) The amount of the secondary use fee which the association set forth inparagraph (5) may demand on behalf of the rightholder pursuant to theprovisions of paragraph (5) shall be fixed each year by consultation between
said association and [each of] the broadcasting organizations, etc. or federationof the broadcasting organizations, etc.
(11) If the consultation set forth in the preceding paragraph does not result in anagreement, the parties concerned may, as provided by Cabinet Order, requestthat the Commissioner of the Agency for Cultural Affairs issue a ruling [forcompulsory license] fixing the amount of the secondary use fees provided for in
the preceding paragraph.
(12) The provisions of Article 70, paragraphs (3), (6) and (7), as well as those of
Articles 71 to 74, shall apply mutatis mutandis to the ruling [for compulsory
license] and the secondary use fees provided for in the preceding paragraph. In
such case, the term "the copyright holder" in Article 70, paragraph (3) shall bedeemed to be replaced with "the parties concerned", the term "the exploiter ofthe work" in Article 72, paragraph (2) shall be deemed to be replaced with"broadcasting organizations, etc. provided for in Article 95, paragraph (1)", theterm "the copyright holder" in the same paragraph shall be deemed to be
replaced with "the association provided for in paragraph (5) of the same
Article", and the term "the copyright holder" in Article 74 shall be deemed to be
replaced with "the association provided for in Article 95, paragraph (5)".
(13) The provisions of the Act on Prohibition of Private Monopolization and
Maintenance of Fair Trade (Act No. 54 of 1947) shall not apply to thedetermination resulting from the consultation provided for in paragraph (10)and to the acts done on the basis of such determination; provided, however,that the foregoing shall not apply where unfair trade practices are used orwhere application of the foregoing would unreasonably harm the interests ofbusinesses concerned.
(14) In addition to those matters provided for in paragraphs (5) to the preceding
paragraph, other necessary matters regarding the payment of the secondary
use fees provided for in paragraph (1) and the association provided for inparagraph (5) shall be provided for by Cabinet Order.
(Right to transfer ownership)
Article 95-2 (1) The performer shall have the exclusive right to offer his
performance to the public by transferring ownership of sound or visual
recordings of his performance.
(2) The provisions of the preceding paragraph shall not apply to the following
performances:52

(i) visually recorded performances produced with the authorization of theperson entitled to the right provided for in Article 91, paragraph (1);(ii) sound or visually recorded performances provided for in Article 91,
paragraph (2), other than the sound recordings provided for in said
paragraph.
(3) The provisions of paragraph (1) shall not apply when the offer is bytransferring of ownership of a sound or visual recording of a performance(except for those performances listed in each of the items in the preceding
paragraph; the same shall apply below in this Article), where any of thefollowing items are applicable to such sound or visual recording:(i) a sound or visual recording of a performance the ownership of which
recording has been transferred to the public by the person entitled to theright provided for in paragraph (1) or by a person with authorization fromsuch person;(ii) a sound or visual recording of a performance the ownership of which
recording has been transferred to a small number of specific persons by the
person entitled to the right provided for in paragraph (1) or by a person withauthorization from such person;(iii) a sound or visual recording of a performance the ownership of which
recording has been transferred, outside this country, (a) without prejudice torights equivalent to that provided for in paragraph (1), or (b) by the person
entitled to a right equivalent to that provided for in said paragraph or by aperson with authorization from such person.
(Right of rental, etc.)
Article 95-3 (1) The performer shall have the exclusive right to offer his
performance to the public by rental of a commercial phonogram in which his
performance has been sound recorded.
(2) The provisions of the preceding paragraph shall not apply when the offering
is by rental of a commercial phonogram after the period established by Cabinet
Order (which shall be one month or more, but not more than twelve months,
from the day of the first sale of such phonogram) (including another phonogram
all reproductions of which have contents identical to those of said commercial
phonogram; hereinafter referred to as "post-period commercial phonograms").
(3) Where a person who engages in the business of the rental of commercial
phonograms to the public (hereinafter referred to as "commercial phonograms
renters") offers a performance to the public by rental of post-period commercial
phonograms, he shall pay a reasonable amount of remuneration to theperformer whose performance (to the extent within the duration of theneighboring rights therein) is incorporated in such phonogram.
(4) The provisions of Article 95, paragraphs (5) to (14) shall apply mutatis
53

mutandis to the right to receive remuneration provided for in the preceding
paragraph. In such case, the term "broadcasting organizations, etc."
throughout paragraph (10) of the same Article and "broadcasting organizations,etc. provided for in Article 95, paragraph (1)" throughout paragraph (12) of thesame Article shall be deemed to be replaced with "commercial phonograms
renters provided for in Article 95-3, paragraph (3)".
(5) The right to receive royalties with respect to the authorization given by the
person entitled to the right provided for in paragraph (1) may be exercisedthrough the association provided for in Article 95, paragraph (5), which shallapply mutatis mutandis in the preceding paragraph.
(6) The provisions of Article 95, paragraphs (7) to (14) shall apply mutatis
mutandis to the case provided for in the preceding paragraph. In such case, theprovisions of the second sentence of paragraph (4) of this Article shall apply
mutatis mutandis.
Section 3 Rights of Producer of Phonograms(Right of reproduction)
Article 96 The producer of a phonogram shall have the exclusive right toreproduce his phonogram.
(Right to make transmittable)
Article 96-2 The producer of a phonogram shall have the exclusive right to makehis phonogram transmittable.
(Secondary use of commercial phonograms)
Article 97 (1) When a broadcasting organization, etc. broadcasts or wirebroadcasts using a commercial phonogram (excluding when for non-profitmaking purposes and if no fees are charged to the audience or spectators("fees" includes consideration of any kind whatsoever received for the making
available of the sounds from phonograms) and the wire-broadcast is madesimultaneously with reception of such broadcast), it shall pay secondary use
fees to the producer of said phonogram (to the extent that said phonogram falls
under any of items (i) to (iv) of Article 8 and to the extent that the duration of
the neighboring rights therein has yet to expire) which has been so broadcasted
or wire-broadcasted.
(2) The provisions of Article 95, paragraphs (2) and (4) shall apply mutatis
mutandis to the producer of a phonogram provided for in the preceding
paragraph, and the provisions of paragraph (3) of the same Article shall apply
mutatis mutandis to the term of protection provided for in the preceding
paragraph. In such case, the term "a performer whose performance is fixed in a54phonogram the producer of which is a national" in paragraphs (2) to (4) of thesame Article shall be deemed to be replaced with "a producer of a phonogram
who is a national", and the term "the period of protection enjoyed by aperformer" in paragraph (3) of the same Article shall be deemed to be replacedwith "the period of protection enjoyed by a producer of a phonogram".
(3) Where there exists an association (including a federation of associations)which is composed of a considerable number of producers of phonograms doing
business in this country which the Commissioner of the Agency for Cultural
Affairs designates, with the consent of such association, to have the right toreceive the secondary use fees provided for in the paragraph (1), then suchright shall be exercised exclusively through such association.
(4) the provisions of Article 95, paragraphs (6) to (14) shall apply mutatis
mutandis to secondary use fees provided for in paragraph (1) and to theassociation set forth in the preceding paragraph.
(Right to transfer ownership)
Article 97-2 (1) The producer of a phonogram shall have the exclusive right tooffer his phonogram to the public by transferring ownership of reproductions of
his phonogram.
(2) The provisions of the preceding paragraph shall not apply when the offer is bytransferring the ownership of a reproduction of a phonogram with respect towhich any of the following items apply:(i) a reproduction of a phonogram the ownership of which has been transferredto the public by the person entitled to the right provided for in the preceding
paragraph or by a person with authorization from such person;(ii) a reproduction of a phonogram the ownership of which has been transferred
to a small number of specific persons by the holder of the right provided forin the preceding paragraph or by a person with authorization from the holderof said right;(iii) a reproduction of a phonogram the ownership of which has beentransferred, outside this country, (a) without prejudice to rights equivalent
to that provided for in the preceding paragraph, or (b) by the person entitledto a right equivalent to that provided for in said paragraph or by a personwith authorization from such person.
(Right of rental, etc.)
Article 97-3 (1) The producer of a phonogram shall have the exclusive right tooffer his phonogram to the public by rental of a commercial phonogram inwhich his phonogram has been reproduced.
(2) The provisions of the preceding paragraph shall not apply when the offer is byrental of post-period commercial phonograms.
55

(3) When a commercial phonograms renter has offered a phonogram to the public
by rental of a post-period commercial phonogram, he shall pay a reasonableamount of remuneration to the producer whose phonogram (to the extent thatthe duration of the neighboring rights therein has yet to expire) has been sooffered to the public.
(4) The provision of Article 97, paragraph (3) shall apply mutatis mutandis to theexercise of the right to receive remuneration set forth in the preceding
paragraph.
(5) The provisions of Article 95, paragraphs (6) to (14) shall apply mutatis
mutandis to the remuneration provided for in paragraph (3) of this Article andto the associations provided for in Article 97, paragraph (3), which are appliedmutatis mutandis in the preceding paragraph. In such case, the provisions of
the second sentence of Article 95-3, paragraph (4) shall apply mutatis
mutandis.
(6) The right to receive royalty with respect to the authorization given by the
person entitled to the right provided for in paragraph (1) of this Article may be
exercised through the association provided for in Article 97, paragraph (3),which is applied mutatis mutandis in paragraph (4) of this Article.
(7) The provisions of paragraph (5) shall apply mutatis mutandis to the caseprovided for in the preceding paragraph. In such case, the term "Article 95,
paragraph (6)" in paragraph (5) shall be deemed to be replaced with "Article 95,
paragraph (7)".
Section 4 Rights of Broadcasting Organization(Right of reproduction)
Article 98 A broadcasting organization shall have the exclusive right to makesound or visual recordings and/or otherwise reproduce by means ofphotography or other similar processes, the sounds or images incorporated inits broadcast following reception of the broadcast or the wire-broadcast madefollowing reception of the broadcast.
(Right to rebroadcast and right to wire-broadcast)
Article 99 (1) A broadcasting organization shall have the exclusive right torebroadcast and to wire-broadcast its broadcast following reception thereof.
(2) The provisions of the preceding paragraph shall not apply to a wire-broadcast
which a person who wire-broadcasts following reception of a broadcast isrequired by laws and regulations to make.
(Right to make transmittable)
Article 99-2 The broadcasting organization shall have the exclusive right to56make transmittable its broadcasts following reception thereof or of wirebroadcasts made following reception of said broadcasts.
(Right to transmit television broadcasts)
Article 100 A broadcasting organization shall have the exclusive right totransmit its broadcasts to the public, by use of special equipment to enlarge
images, following reception of its television broadcasts or its wire-broadcasts
made following reception of said broadcasts.
Section 5 Rights of WireWire - Broadcasting Organization
Organizatio n(Right of reproduction)
Article 100-2 A wire-broadcasting organization shall have the exclusive right tomake sound or visual recordings of, or otherwise reproduce by means ofphotography or other similar processes, the sounds or images incorporated in
its wire-broadcasts, following reception of said wire-broadcasts.
(Right to broadcast and right to wire-broadcast)
Article 100-3 A wire-broadcasting organization shall have the exclusive right tobroadcast and to re-wire-broadcast its wire-broadcasts following reception
thereof.
(Right to make transmittable)
Article 100-4 A wire-broadcasting organization shall have the exclusive right tomake its wire-broadcasts transmittable following reception of such wirebroadcasts.
(Right to transmit television wire-broadcasts)
Article 100-5 A wire-broadcasting organization shall have the exclusive right totransmit its wire-broadcasts to the public, by use of special equipment toenlarge images, following reception of its television wire-broadcasts.
Section 6 Term
Term of Protection(Term of protection for performances, phonograms, broadcasts and wirebroadcasts)
Article 101 (1) The duration of neighboring rights shall begin at the following
moments in time:(i) for a performance, when the performance took place;(ii) for a phonogram, when the first fixation of sounds was made;(iii) for a broadcast, when the broadcast took place;57

(iv) for a wire-broadcast, when the wire-broadcast took place.
(2) The duration of neighboring rights shall expire at the following moments intime:(i) for a performance, the passage of fifty years commencing with the year
immediately following the year when the performance took place;(ii) for a phonogram, the passage of fifty years commencing with the year
immediately following the year when its publication occurred, or whenpublication has not been made by the end of the period of fifty years
commencing with the year immediately following the year when the first
fixation of sound was made, then the passage of fifty years commencing withthe year immediately following the year when the first fixation of soundoccurred;(iii) for a broadcast, the passage of fifty years commencing with the year
immediately following the year when the broadcast took place;(iv) for a wire-broadcast, the passage of fifty years starting with the year
immediately following the year when the wire-broadcast took place.
Section 7 Personal Nature of Moral Rights of Performer, etc.
(Personal nature of moral rights of performer)
Article 101-2 The moral rights of performer shall be personal and exclusive tothe performer and cannot be transferred.
(Protection of the moral interests after the performer's death)
Article 101-3 Even after the death of the performer, no person who offers or
makes available a performance to the public may commit any act which would
infringe upon the moral rights of performer if the performer were alive;
provided, however, that the foregoing shall not apply to such act where it isfound to not be against the will of the performer in light of the nature andextent of the act as well as changes in social circumstances and otherconditions.
Section 8 Limitations, Transfer, Exercise and Registration of Rights(Limitations on neighboring rights)
Article 102 (1) (a) The provisions of Article 30, paragraph (1), Articles 31, 32, 35
and 36, Article 37, paragraph (3), Article 38, paragraphs (2) and (4), andArticles 41 to 42-2, Article 44 (other than paragraph (2) thereof) and Article 473 shall apply mutatis mutandis to the exploitation of performances,phonograms, broadcasts or wire-broadcasts which are the subject matter ofneighboring rights; (b) the provisions of Article 30, paragraph (2) and Article
5847-4 shall apply mutatis mutandis to the exploitation of performances orphonograms which are the subject matter of neighboring rights; and theprovisions of Article 44, paragraph (2) shall apply mutatis mutandis to the
exploitation of performances, phonograms or wire-broadcasts which are thesubject matter of neighboring rights. In such case, the term "Article 23,
paragraph (1)" in Article 44, paragraph (1) shall be deemed to be replaced with
"Article 92, paragraph (1), Article 99, paragraph (1) or Article 100-3", and theterm "Article 23, paragraph (1)" in Article 44, paragraph (2) shall be deemed tobe replaced with "Article 92, paragraph (1) or Article 100-3".
(2) Where reproduction is made of performances, phonograms, or sounds orimages of broadcasts or wire-broadcasts (hereinafter collectively referred to as"performance, etc.") pursuant to the provisions of Article 32, Article 37,
paragraph (3) or Article 42, as applied mutatis mutandis pursuant to thepreceding paragraph, the source of the same must, where it is customary toindicate the source thereof, be clearly indicated in the manner and to theextent deemed reasonable in light of the character of the reproduction.
(3) Broadcasted performances which are the subject matter of neighboring rights
may be made transmittable (limited to making a work transmittable by meansof inputting information into an automatic public transmission server alreadyconnected to a telecommunications line which is provided for use by the public)
exclusively for being received in a Broadcasting Service Area pertaining tothese broadcasts. Provided, however, the foregoing shall not apply in the casewhere it is likely to prejudice to the rights of a person who has the right asprovided for in Article 99-2 with respect to such broadcast.
(4) A person who makes a performance transmittable pursuant to the provisionsof the preceding paragraph shall pay a reasonable amount of compensation to aperson entitled to a right provided in Article 92-2, paragraph (1) with respect
to such performance, except in the case where the provisions of Article 38,
paragraph (2) are applied mutatis mutandis pursuant to paragraph (1).
(5) The provisions of the preceding two paragraphs shall apply mutatis mutandis
to the exploitation of phonograms which are the subject of neighboring rights.
In such case, the term "Article 92-2, paragraph (1)" in the preceding paragraphshall be deemed to be replaced with "Article 96-2".
(6) Where it is permissible to broadcast or wire-broadcast works pursuant to theprovisions of Article 39, paragraph (1) or Article 40, paragraph (1) or (2), it
shall be permissible to wire-broadcast the broadcasts or wire-broadcasts ofsuch works, or to transmit such broadcasts or wire-broadcasts to the public byuse of special equipment to enlarge images, with reception of such broadcasts
or wire-broadcasts, or to make the broadcasts of such works transmittable(limited to making a work transmittable by means of inputting information
into an automatic public transmission server already connected to a59telecommunications line which is provided for use by the public) for the
purpose of being received exclusively in a Broadcasting Service Area pertaining
to these broadcasts simultaneously with reception of such broadcasts.
(7) The following persons shall be deemed to have made the sound or visual
recordings or the reproductions provided for in Article 91, paragraph (1),Article 96, Article 98 or Article 100-2:(i) a person who, for purposes other than those provided for in Article 30,
paragraph (1), Article 31, item (i), Article 35, paragraph (1), Article 37,
paragraph (3), Article 41, 42 or 42-2, or Article 44, paragraph (1) or (2), as
applied mutatis mutandis pursuant to paragraph (1) of this Article,
distributes those reproductions of performance, etc. which have been madeby virtue of the application of said provisions or makes available to the
public said performances, the sounds from said phonograms, or the sounds orimages from said broadcasts or wire-broadcasts, by broadcasting said
reproductions;(ii) a broadcasting organization or a wire-broadcasting organization which
preserves the sound or visual recordings set forth in Article 44, paragraph (3),as applied mutatis mutandis pursuant to paragraph (1) of this Article, inviolation of the provisions of said Article 44, paragraph (3).
(iii) A person who distributed reproductions of performances, etc. that wererecorded ephemerally on a memory other than an built-in memory as
provided for in Article 47-3, paragraph (1) or (2) by virtue of the applicationof the provisions of Article 47-3, paragraph (1) or (2) applied mutatis
mutandis pursuant to paragraph (1), or made available to the public such
performances, the sounds from such phonograms, or the sounds or images
from such broadcasts or wire-broadcasts, by such reproductions;(iv) A person who preserves reproductions set forth in Article 47-3, paragraph(3), as applied mutatis mutandis pursuant to paragraph (1) of this Article, inviolation of the provisions of Article 47-3, paragraph (3).
(Relationship with moral rights of performer)
Article 102-2 The provisions of the preceding Article pertaining to limitations onneighboring rights (other than the provisions of paragraphs (5) and (6) of said
Article) shall not be construed to affect the moral rights of performer.
(Transfer, exercise, etc. of neighboring rights)
Article 103 The provisions of Article 61, paragraph (1) shall apply mutatis
mutandis to the transfer of neighboring rights; the provisions of Article 62,
paragraph (1) shall apply mutatis mutandis to the termination of such rights;
the provisions of Article 63 shall apply mutatis mutandis to the authorization
to exploit performances, phonograms, broadcasts or wire-broadcasts; the60

provisions of Article 65 shall apply mutatis mutandis with respect to the joint
ownership of such rights; the provisions of Article 66 shall apply mutatis
mutandis with respect to the case where a pledge of such rights has been
established. In such case, the term "Article 23, paragraph (1)" in Article 63,
paragraph (5) shall be deemed to be replaced with "Article 92-2, paragraph (1),Article 96-2, Article 99-2 or Article 100-4".
(Registration of neighboring rights)
Article 104 The provisions of Articles 77 and 78 (other than paragraph (2)) shallapply mutatis mutandis to the registration of neighboring rights. In such case,the term "the copyright registry" throughout paragraphs (1), (3), (7) and (8) of
Article 78 shall be deemed to be replaced with "the registry of neighboringrights".
Chapter V Compensation for Private Sound and Visual Recordings(Exercise of the right to receive compensation for private sound and visual
recordings)
Article 104-2 (1) When there exists an association established for the purpose of
exercising the right to receive the compensation provided for in Article 30,
paragraph (2) (including cases where applied mutatis mutandis pursuant to
the provisions of Article 102, paragraph (1); the same shall apply below in this
Chapter) (in this Chapter referred to below as "compensation for private soundand visual recordings") for the benefit of the persons entitled to such right (inthis Chapter referred to below as "rightholders") and which, with its consent,
has been designated by the Commissioner of the Agency for Cultural Affairs as
the only association throughout the country for each of the following categories
of compensation for private sound and visual recordings (in this Chapter
referred to below as "the designated management association"), the right toreceive compensation for private sound and visual recordings shall be exercised
exclusively through each such designated management association:(i) compensation for private sound and visual recordings, for sound recordings
made for private use purposes (other than a sound recording madeexclusively with a visual recording; in this Chapter referred to below as a
"private sound recording");(ii) compensation for private sound and visual recordings, for visual recordings
made for private use purposes (including a visual recording made exclusively
with a sound recording; in this Chapter referred to below as a "private visual
recording").
(2) In the event of a designation in accordance with the provisions of thepreceding paragraph, the designated management association shall have the61authority, for the benefit of the rightholders and in its own name, to take all
judicial and non-judicial action in connection with the right to receive thecompensation for private sound and visual recordings.
(Standard for designation)
Article 104-3 The Commissioner of the Agency for Cultural Affairs may notdesignate an association in accordance with the provisions of paragraph (1) of
the preceding Article, unless such association satisfies the following
requirements:(i) that it is a juridical person established pursuant to the provisions of Article
34 (Establishment of non-profit corporations) of the Civil Code;(ii) that [(a)] in the case of the compensation for the private sound and visual
recordings listed in paragraph (1), item (i) of the preceding Article, it iscomposed of associations listed in (a), (c) and (d) below, respectively, and [(b)]in the case of the compensation for the private sound and visual recordings
listed in item (ii) of the same paragraph, it is composed of associations listedin (b), (c) and (d) below, respectively:(a) an association (including a federation of associations) which [(a)] is
composed of the persons entitled to the right provided for in Article 21 inconnection with a work with respect to which a private sound recording has
been made, and [(b)] is recognized as representing, in this country, theinterests of the persons entitled to the right provided for in said Article inconnection with a work with respect to which a private sound recording has
been made;(b) an association (including a federation of associations) which [(a)] is
composed of the persons entitled to the right provided for Article 21 inconnection with a work with respect to which a private visual recording
has been made, and [(b)] is recognized as representing, in this country, theinterests of the persons entitled to the right provided for in said Article inconnection with a work with respect to which a private visual recording
has been made;(c) an association (including a federation of associations) composed of aconsiderable number of professional performers in this country;(d) an association (including a federation of associations) composed of aconsiderable number of producers of phonograms doing business in thiscountry;(iii) that each of the associations listed in (a), (b), (c) and (d) of the preceding
item, respectively, satisfies the following requirements:(a) that it is not established for profit-making purposes;(b) that its members may freely join and withdraw;(c) that its members are granted an equal rights to vote and to elect;62

(iv) that it has sufficient ability to perform properly the business of exercising
for rightholders the right to receive compensation for private sound andvisual recordings (including the business pertaining to the activities provided
for in Article 104-8, paragraph (1); in this Chapter referred to below as "thecompensation-related business").
(Special provisions for payment of compensation for private sound and visual
recordings)
Article 104-4 (1) A purchaser of a recording machine or a recording medium
designated by the Cabinet Order set forth in Article 30, paragraph (2) (in this
Chapter referred to below as a "designated recording machine" and a"designated recording medium", respectively) (limited, however, to the initialpurchaser of a retailed designated recording machine or designated recording
medium) shall, upon request by the relevant designated management
association, at the time of purchase and as a lump-sum payment of thecompensation for private sound and visual recordings to be made using said
designated recording machine or designated recording medium, pay theamount fixed, pursuant to the provisions of Article 104-6, paragraph (1), as thecompensation for private sound and visual recordings with respect to suchdesignated recording machine or designated recording medium, in the eventthat said designated management association requests such payment.
(2) A person who has paid the compensation for private sound and visual
recordings pursuant to the provisions of the preceding paragraph may request
a refund from the designated management association of said compensation for
private sound and visual recordings, by certifying that he uses such designatedrecording machine or designated recording medium exclusively for other thanprivate sound and visual recording use.
(3) The provisions of Article 30, paragraph (2) notwithstanding, a person who, bymeans of a designated recording machine for which payment of compensation
for private sound and visual recordings has been requested pursuant to theprovisions of paragraph (1) and paid, makes a private sound recording or a
private visual recording on a designated recording medium for which paymentof compensation for private sound and visual recordings has been requested
pursuant to the provisions of paragraph (1) and paid, shall not be required to
pay compensation for said private sound recording or private visual recording;provided, however, that the foregoing shall not apply where said designatedrecording machine or designated recording medium is one with respect towhich the compensation for private sound and visual recordings has beenrefunded pursuant to the provisions of the preceding paragraph.
(Obligation of cooperation by manufacturers, etc.)63Article 104-5 Where a designated management association requests
compensation for private sound and visual recordings pursuant to theprovisions of paragraph (1) of the preceding Article, any person engaged in thebusiness of manufacturing or importing designated recording machines ordesignated recording medium (in paragraph (3) of the next Article, referred toas "manufacturer, etc.") shall cooperate with the designated management
association in requesting and receiving such compensation for private soundand visual recordings.
(Amount of compensation for private sound and visual recordings)
Article 104-6 (1) Where a designated management association will exercise theright to receive compensation for private sound and visual recordings pursuant
to the provisions of Article 104-2, paragraph (1), the designated management
association must fix the amount of such compensation and obtain the approval
thereof from the Commissioner of the Agency for Cultural Affairs. The same
shall apply when the designated management association intends to revise
such amount.
(2) When the approval set forth in the preceding paragraph has been obtained,
then the amount of the compensation for private sound and visual recordings
shall, notwithstanding the provisions of Article 30, paragraph (2), be theamount so approved.
(3) When applying under paragraph (1) for approval with respect to the paymentof compensation for private sound and visual recordings which it proposes torequest pursuant to the provisions of Article 104-4, paragraph (1), a designatedmanagement association shall, in advance, seek the opinions of theassociations of manufacturers, etc. which are recognized as representing theopinions of such manufacturers, etc.
(4) The Commissioner of the Agency for Cultural Affairs shall not approve theamount of compensation for private sound and visual recordings applied forunder paragraph (1) unless it determines that the same is an appropriate
amount, taking into consideration the purpose of the provisions of Article 30,
paragraph (1) (including cases where applied mutatis mutandis pursuant to
Article 102, paragraph (1)) and Article 104-4, paragraph (1), the ordinary
amount of sound or visual recording royalties and other factors.
(5) When intending to give its approval under paragraph (1), the Commissionerof the Agency for Cultural Affairs shall consult with the Council for Cultural
Affairs.
(Rules for execution of the compensation-related business)
Article 104-7 (1) When intending to commence its compensation-related business,a designated management association shall establish rules for the execution of64

such business and notify the Commissioner of the Agency for Cultural Affairsof such rules. The same shall apply when the designated management
association intends to amend such rules.
(2) The designated management association shall include in the rules set forth in
the preceding paragraph the matters pertaining to the distribution of thecompensation for private sound and visual recordings (limited to thecompensation paid and received pursuant to the provisions of Article 104-4,
paragraph (1)), and it shall decide the matters pertaining to such distribution
by taking into consideration the purpose of the provisions of Article 30,
paragraph (2).
(Expenditures for business activities, etc. in connection with the protection of
copyrights, etc.)
Article 104-8 (1) Designated management associations shall spend an amountcorresponding to the rate fixed by Cabinet Order which rate shall be 20% orless of the compensation for private sound and visual recordings (limited to thecompensation paid and received pursuant to the provisions of Article 104-4,
paragraph (1)) for business activities in connection with the protection of
copyrights and neighboring rights as well as for business activities for thepromotion of the creation of works and for the dissemination of works.
(2) When intending to enact or amend the Cabinet Order set forth in thepreceding paragraph, the Commissioner of the Agency for Cultural Affairs
shall consult with the Council for Culture Affairs.
(3) When he finds necessary for assuring the proper operation of the businesspertaining to the activities provided for in paragraph (1), the Commissioner ofthe Agency for Cultural Affairs may issue to the designated management
association orders necessary for the supervision of such business.
(Collection of reports, etc.)
Article 104-9 When he finds necessary for assuring the proper operation of adesignated management association's compensation-related business, theCommissioner of the Agency for Cultural Affairs may require that thedesignated management association report on its compensation-related
business, demand the submission of accounting books, documents and othermaterials, or make recommendations necessary for improving the manner of
execution of the compensation-related business.
(Delegation to Cabinet Order)
Article 104-10 In addition to the matters provided for in this Chapter, othernecessary matters with respect to designated management associations and thecompensation-related business shall be established by Cabinet Order.
65

Chapter VI Dispute Resolution(Conciliators for the resolution of disputes concerning copyrights)
Article 105 (1) With the aim of resolving disputes concerning the rights provided
for in this Act through mediation, the Agency for Cultural Affairs will provide
conciliators for resolution of copyright disputes (in this Chapter referred to
below as "conciliators").
(2) The Commissioner of the Agency for Cultural Affairs will commission, fromamong [persons with relevant knowledge and experience] in connection withmatters pertaining to copyright or neighboring rights, up to three conciliatorsfor each case.
(Application for mediation)
Article 106 When a dispute arises in connection with the rights provided for inthis Act, a party concerned may apply for mediation with the Commissioner ofthe Agency for Cultural Affairs.
(Application fee)
Article 107 (1) The applicant for mediation shall pay processing fee in an
amount to be fixed by Cabinet Order, giving consideration to the actual costs
thereof.
(2) The provisions of the preceding paragraph shall not apply when the person
who is supposed to pay the processing fee pursuant to the provision of said
paragraph is the State, etc.
(Submission to mediation)
Article 108 (1) Upon application by both parties concerned pursuant to theprovisions of Article 106, or where consented to by the other party, in the caseof an application by one party concerned, the Commissioner of the Agency for
Cultural Affairs shall submit the matter for mediation by the conciliators.
(2) In the case of an application provided for in the preceding paragraph, theCommissioner of the Agency for Cultural Affairs may decide not to submit thematter to the conciliators, when he finds the nature of such case inappropriate
for mediation or when he determines that the party or parties [frivolously]
applied for the mediation for improper purposes.
(Mediation)
Article 109 (1) The conciliators shall endeavor to mediate between the parties
concerned in order to resolve the case by confirming the points asserted by theparties and in conformity with the actual circumstances.
66

(2) The conciliators may discontinue the mediation when they determine that
there is no prospect for resolving the case.
(Report, etc.)
Article 110 (1) When the mediation ends, the conciliators shall report such fact
to the Commissioner of the Agency for Cultural Affairs.
(2) When the conciliators discontinue the mediation pursuant to the provisions of
the preceding Article, they shall report the fact of such discontinuation and thereasons therefor to the Commissioner of the Agency for Cultural Affairs andshall at the same time notify the same to the parties concerned.
(Delegation to Cabinet Order)
Article 111 In addition to the matters provided for in this Chapter, othernecessary matters pertaining to the procedures for mediation and theconciliators shall be established by Cabinet Order.
Chapter VII Infringement of Rights(Right to seek injunction)
Article 112 (1) The author, the copyright holder, the holder of the right ofpublication, the performer, or the holder of neighboring rights may demandthat persons infringing, or presenting a risk of infringing, on his moral rights
of author, copyright, right of publication, or moral rights of performer orneighboring rights, as applicable, cease the infringement or not infringe, as thecase may be.
(2) When making the demand provided for in the preceding paragraph, theauthor, the copyright holder, the holder of the right of publication, theperformer or the holder of the neighboring rights may [also] demand the takingof measures necessary to effect the cessation or prevention of the infringement,such as the destruction of objects constituting the acts of infringement, objects
made by acts of infringement, and/or machines and tools used exclusively foracts of infringement.
(Acts deemed to constitute infringement)
Article 113 (1) The following acts are deemed to constitute acts of infringementson the moral rights of author, copyrights, rights of publication, moral rights ofperformer or neighboring rights, as applicable:(i) the act of the importing, for the purpose of distribution in this country,
objects made by an act which would have constituted an infringement on the
moral rights of author, copyrights, rights of publication, moral rights ofperformer or neighboring rights had it occurred in this country at the time of67

importation;(ii) the act of distributing, or possessing for the purpose of distributing, orexporting as a business or possessing for the purpose of exporting as abusiness, objects made by an act infringing on the moral rights of author,
copyrights, rights of publication, moral rights of performers or neighboringrights (including by an act of importation falling under the preceding item),by a person who is aware of such infringement.
(2) The act of using on a computer in the course of one's business a reproduction
made by an act infringing on the copyright of a computer program work
(including a reproduction made by the owner of such reproduction pursuant to
the provisions of Article 47-2, paragraph (1) as well as a reproduction of acomputer program work imported by an act of importation falling under item(i) of the preceding paragraph and a reproduction made by the owner of suchimported reproduction pursuant to the provisions of Article 47-2, paragraph(1)) shall be deemed to constitute an act of infringement on said copyright, tothe extent that the person using such reproduction was aware of such
infringement at the time that he acquired authority to use the same.
(3) The following acts are deemed to constitute acts infringement on the moral
rights of author, copyrights, moral rights of performer or neighboring rights
pertaining to rights management information concerned:(i) the act of intentionally adding false information as rights management
information;(ii) the act of intentionally removing or modifying rights management
information, excluding, however, cases where deemed unavoidable in light ofthe purpose and the manner of exploiting the work or performance, etc.,
including cases involving technological constraints accompanying theconversion of recording or transmission systems;(iii) the act of distributing, or importing or possessing for the purpose of
distributing, a reproduction of a work or performance, etc. with respect towhich an act provided for in the preceding two items occurred, and the act ofpublicly transmitting or making transmittable such work or performance,
etc., in all cases, with knowledge of the fact that such act had occurred.
(4) For the purpose of the application of the provisions of the preceding
paragraph, the right to remuneration provided for in Article 94-2, Article 95-3,
paragraph (3) or Article 97-3, paragraph (3) or the right to secondary use fees
as provided for in Article 95, paragraph (1) or Article 97, paragraph (1) shall bedeemed to be neighboring rights. In such case, the term "the holders ofneighboring rights" in the preceding Article shall be deemed to be replacedwith "the holder of neighboring rights (including the persons entitled to therights deemed to be neighboring rights pursuant to the provisions of paragraph(4) of the next Article)", and the term "neighboring rights" in paragraph (1) of
68

the preceding Article shall be deemed to be replaced with "neighboring rights(including the rights deemed to be neighboring rights pursuant to theprovisions of paragraph (4) of the next Article)".
(5) Where the copyright holder or the holder of neighboring rights, who publishes
by himself or who causes others to publish a commercial phonogram intended
for distribution within this country (in this paragraph referred to below as "acommercial phonogram for domestic distribution"), publishes by himself orcauses others to publish, outside this country, a commercial phonogram that is
the same as said commercial phonogram for domestic distribution and [yet]which is intended for distribution exclusively outside this country (in thisparagraph referred to below as "a commercial phonogram for overseas
distribution"), [(a)] the act of importing such commercial phonogram foroverseas distribution for the purpose of distribution within this country, [(b)]the act of distributing such commercial phonogram for overseas distribution
within this country, and [(c)] the act of possessing such commercial phonogramfor overseas distribution for the purpose of distributing the same within thiscountry, in each case, by a person who knows that such commercial phonogram
is for distribution outside this country, are deemed to constitute acts of
infringement of the copyright or neighboring rights in such commercial
phonogram, if and to the extent that such distribution, within this country, ofsuch phonograms for overseas distribution is likely to unreasonably adversely
affect the profits that could be expected to be obtained by the copyright holder
or the holder of neighboring rights by publishing a commercial phonogram fordomestic distribution; provided, however, that the foregoing shall not apply to:
the act of importing a commercial phonogram for overseas distribution that is
the same as a commercial phonogram for domestic distribution with respect towhich the period fixed by Cabinet Order (which period shall be seven years orless) from the date of its first publication has lapsed; or the act of distributing,or possessing for the purpose of distributing, within this country, saidcommercial phonogram for overseas distribution.
(6) An act of exploitation of a work in a manner prejudicial to the honor or
reputation of the author shall be deemed to constitute an act of infringementon his moral rights of author.
(Special provisions for the right of transfer of ownership pertaining to a third
party without knowledge)
Article 113-2 The act of transferring to the public the ownership of the originalor a reproduction of a work (excluding a reproduction of cinematographic works,
including, in the case of a work reproduced in a cinematographic work, a
reproduction of a cinematographic work; the same shall apply below in this
Article), a sound or visual recording of a performance or a reproduction of a69

phonogram by a person who, at the time of acquiring ownership of said originalor reproduction of a work, sound or visual recording of a performance or
reproduction of a phonogram did not know, and was not negligent in notknowing, that such original or reproduction of a work, sound or visual
recording of a performance or reproduction of a phonogram did not fall under
any of the items of Article 26-2, paragraph (2), Article 95-2, paragraph (3) or
Article 97-2, paragraph (2), respectively, shall be deemed to not constitute an
act of infringement on the rights provided for in Article 26-2, paragraph (1),Article 95-2, paragraph (1) or Article 97-2, paragraph (1), as the case may be.
(Presumption of amount of damages, etc.)
Article 114 (1) In the case where the copyright holder, the holder of the right ofpublication or the holder of the neighboring rights (in this paragraph referred
to below as "the copyright holder, etc.") asserts against a person who
intentionally or negligently infringes upon the holder's copyright, right ofpublication or neighboring rights, as the case may be, a claim for compensation
for damages sustained by said holder as a result of such infringement, andsuch infringer has transferred the ownership of the object made by way of suchan act of infringement or has made a public transmission (including, in thecase of an automatic public transmission, by making transmittable)
constituting such an act of infringement, then the amount obtained bymultiplying [(a)] the number of objects the ownership of which has been sotransferred or the number of reproductions of works or performance, etc. madeas a result of reception by the public of such public transmissions (in thisparagraph referred to below as "the reception reproductions"), as the case maybe (such number is in this paragraph referred to below as "the number
transferred, etc."), by [(b)] the per unit profit of the objects (including reception
reproductions) that the copyright holder, etc. could have sold had there been nosuch act of infringement, can be regarded as the amount of damages sufferedby such copyright holder, etc., but only within the limit of the copyrightholder's ability to sell or take other [similar] actions with respect to said
objects. However, when there exist circumstances under which the copyrightholder, etc. could not have sold such objects in such number corresponding, inwhole or in part, to the number transferred, etc., then the amountcorresponding to such number shall be deducted.
(2) In the case where the copyright holder, the holder of the right of publicationor the holder of the neighboring rights asserts against a person who,
intentionally or negligently, infringes on such holder's copyright, right ofpublication or neighboring rights, a claim for compensation for damages
sustained, the profits, if any, obtained by the infringer by way of said his
infringement will be presumed to be the amount of damages suffered by such70

copyright holder, holder of the right of publication or holder of the neighboringrights, as the case may be.
(3) The copyright holder or holder of the neighboring rights may assert against aperson who, intentionally or negligently, infringes upon said holder's copyrightor neighboring rights, a claim for compensation for damages in an amountcorresponding to the amount of money which would be received by such holder
through the exercise of its copyright or neighboring rights, as the case may be,as the amount of damages sustained by said holder.
(4) The provisions of the preceding paragraph shall not preclude a claim forcompensation for damages in excess of the amount provided for therein. In
such case, when the infringer of the copyright or neighboring rights did not act
intentionally or with gross negligence, the court may consider such absence ofintent or gross negligence on the part of the infringer in fixing the amount ofdamages.
(Obligation to clarify specific conditions [of infringement])
Article 114-2 In a lawsuit pertaining to an infringement on the moral rights ofauthor, copyright, right of publication, moral rights of performer orneighboring right, when the other party denies the specific conditions of theobject which the author, the copyright holder, the holder of the right ofpublication, the performer or the holder of the neighboring rights, as the casemay be, asserts as either constituting such act of infringement or being madeby such act of infringement, the other party shall clarify the specific conditionsof his acts; provided, however, that the foregoing shall not apply where there
are reasonable grounds why the other party cannot make such clarification.
(Production of documents, etc.)
Article 114-3 (1) In a lawsuit pertaining to an infringement on the moral rights
of author, copyright, right of publication, moral rights of performer orneighboring right, the court, upon petition of a party, may order any otherparty to produce documents necessary to prove the act of infringement
concerned or to calculate the damages caused by said act of infringement;
provided, however, that the foregoing shall not apply when the person inpossession of such documents has justifiable grounds for refusing to produce
them.
(2) When the court finds it necessary for determining whether there exist
justifiable grounds as provided for in the proviso to the preceding paragraph,the court may require that the person in possession of the documents present
the same to the court. In such case, no person may ask for the disclosure of the
documents so presented.
(3) In the case referred to in the preceding paragraph, when the court finds it71

necessary to disclose the documents mentioned in the latter half of thepreceding paragraph and to consult the opinions of the [petitioning] party, etc.
as to whether there exist such justifiable grounds as provided for in the proviso
to paragraph (1), the court may disclose such documents to such [petitioning]party, etc. and its trial counsel and/or the assistant of such party, etc. or ofsuch trial counsel. In this paragraph and in Article 114-6, paragraph (1), theterm, "the party, etc." means a party (or in the case of a juridical person, its
representative), or its agent (excluding, however, trial counsel and an assistantto such party or to its legal counsel), employee or any other worker of suchparty.
(4) The provisions of the preceding three paragraphs shall apply mutatis
mutandis to the production of the object t of inspection which is necessary toprove an act of infringement concerned in a lawsuit pertaining to an
infringement on the moral rights of author, copyright, right of publication,
moral rights of performer or neighboring right.
(Obligation of the parties to explain to appraiser)
Article 114-4 When the court, in a lawsuit pertaining to an infringement on a
copyright, right of publication or neighboring right, has, upon petition of aparty, ordered an appraisal with respect to matters necessary to calculate thedamages caused by such act of infringement, the parties shall provide to theappraiser an explanation of matters necessary for such appraisal.
(Determination of reasonable damages)
Article 114-5 Where, in a lawsuit pertaining to an infringement on a copyright,
right of publication or neighboring right, it is found that damages have been
incurred, but it is extremely difficult to prove the facts necessary to establish
the amount of damages due to the nature of such facts, the court may
determine an appropriate amount of damages on the basis of the entire importof oral proceedings and the results of the court's examination of the evidence.
(Protective order)
Article 114-6 (1) In a lawsuit pertaining to an infringement on the moral rights
of author, copyright, right of publication, moral rights of performer orneighboring right, the court may, upon petition of a party, issue an order, inthe form of a decision, to any other party, etc., trial counsel or assistant incourt to a party or legal counsel, that trade secrets (means "trade secrets" asprovided for in Article 2, paragraph (6) of the Unfair Competition Prevention
Act (Act No. 47 of 1993); the same shall apply hereinafter) in the possession of
the [petitioning] party shall not be used for purposes other than those infurtherance of said lawsuit and shall not be disclosed to persons other than72

those against whom an order pertaining to such trade secrets has been issued
pursuant to the provisions of this paragraph, where a prima facie showing has
been made that each of the reasons listed below applies; provided, however,that the foregoing shall not apply where, at the time of such petition, the party,
etc. [against which the petitioned order is sought to be issued], trial counsel[against which the petitioned order is sought to be issued] or assistant in court[against which the petitioned order is sought to be issued] had alreadyacquired or possessed such trade secrets by means other than throughinspection of the briefs as provided for in item (i) or the examination ofevidence or the disclosure provided for in that item.
(i) trade secrets in the possession of such other party appear in briefs alreadyproduced or to be produced, or such trade secrets are contained in theevidence already examined or to be examined (including documents disclosed
pursuant to the provisions of Article 114-3, paragraph (3));(ii) trade secrets provided for in the preceding item are to be used for purposes
other than in the furtherance of said lawsuit, or it is likely that disclosure ofsuch trade secrets will impede a party's business activities that are based
upon such trade secrets, and in order to prevent such impediment, it isnecessary to restrict the use or disclosure of such trade secrets.
(2) The petition for the order pursuant the provisions of the preceding paragraph(hereinafter referred to as a "protective order") must be in writing, stating thefollowing matters:(i) the person to whom the protective order is to issue;(ii) facts sufficient to identify the trade secrets to be subject matter of theprotective order;(iii) facts respectively constituting the reasons provided for in each of the twoitems of the preceding paragraph.
(3) In the case where a protective order has been issued, a written decision
thereof must be served upon the person against whom such protective order
will issue.
(4) The protective order shall become effective from the time when the written
decision has been served upon the person against whom such protective order
will issue.
(5) An immediate appeal may be lodged against a ruling dismissing a petition fora protective order.
(Rescission of protective order)
Article 114-7 (1) The person who petitioned for a protective order and any person
against whom such protective order was issued may each petition the courtwith whom the case record resides (or if there is no court with whom the caserecord resides, then the court which issued the protective order) to rescind the73

protective order for reason that any of the requirements provided for in thepreceding Article, paragraph (1) is lacking or has become lacking.
(2) In the case where a ruling has been rendered on a petition for rescission of aprotective order, the written decision thereof shall be served upon the person
who brought said petition and upon the other side.
(3) An immediate appeal may be lodged of a ruling on a petition for rescission ofa protective order.
(4) A ruling rescinding a protective order shall not take effect, unless and until it
has become final and non-appealable.
(5) Where the court has issued a ruling rescinding a protective order, the court
shall immediately notify a person, if any (other than the person who brought
the petition for rescission of the protective order and the other side), against
whom another protective order may have been issued in relation to the same
trade secret in the lawsuit in which the rescinded protective order was issued,of the fact that a ruling has been made to rescind the protective order first
above mentioned.
(Notice, etc. of a request for inspection, etc. of the case record)
Article 114-8 (1) In the case where a decision provided for in Article 92,
paragraph (1) of the Code of Civil Procedure (Act No. 109 of 1996) has been
made with regard to the case record for a lawsuit in which a protective orderhas been issued (excluding, however, a lawsuit in which all protective orders
have been rescinded), the court clerk shall, if a party has made a request,
pursuant to the same paragraph, for perusal, etc. of the portions [of the caserecord] containing the confidential matters and if the person who has madesuch request is not a person against whom a protective order has been issued
in the subject lawsuit, immediately after said request, give notice of such
request to the party who filed the petition provided for in that paragraph(other than, however, the person who made such request; the same shall apply
in paragraph (3)).
(2) In the case referred to in the preceding paragraph, the court clerk shall not,until the end of the two week period following the day of the request provided
for in the same paragraph (in the case where a petition for a protective orderhas been made before said day by the person undertaking the procedures for
said request, then for a period until the ruling on said petition has become
final and non-appealable) allow the person who, pursuant to the same
paragraph, undertakes the procedures to request perusal, etc. of the portions[of the case record] containing the confidential matters.
(3) The provisions of the preceding two paragraphs shall not apply when allparties who filed the petition provided for in Article 92, paragraph (1) of theCode of Civil Procedure consent to allow perusal, etc. of the portions [of the74

case record] containing the confidential matters provided for in paragraph (1)by a person having made a request provided for in paragraph (1).
(Measures for restoration, etc. of honor)
Article 115 The author or the performer may demand against a person who,
intentionally or negligently, infringes on his moral rights, that, in lieu of, or in
addition to, compensation for damages, such person take appropriate measures
to ensure identification of the author or the performer as the author or the
performer (as the case may be), to make corrections [of distortions, mutilations,
and/or modifications], or to restore the honor and reputation of the author or
the performer (as the case may be).
(Measures to protect moral interests after the author's or the performer's
death)
Article 116 (1) After the death of the author or the performer, [a member of] his
bereaved family ("bereaved family" means the surviving spouse, children,
parents, grandchildren, grandparents, and brothers and sisters of the deceased
author or performer; the same shall apply below in this Article) may make:[(a)] the demand provided for in Article 112 against any person who commits
an act, or is likely to commit an act, in violation of the provisions of Article 60
or Article 101-3 with respect to the author or the performer concerned, or [(b)]the demand provided for in the preceding Article against any person who,
intentionally or negligently, commits an act of infringement on the moral
rights of author or performers or who has committed an act in violation of theprovisions of Article 60 or Article 101-3.
(2) The order of the members of the bereaved family who may make the demand
set forth in the preceding paragraph shall be the order provided for in said
paragraph. However, in the case where the order has been separately
determined by the [testamentary] will of the author or the performer, thensuch order shall apply.
(3) The author or the performer may designate by [testamentary] will the person
to act on behalf of the bereaved family in making the demand provided for inparagraph (1). In such case, the designated person may not make a demand
after the passage of fifty years commencing from the year immediately
following the date of the author's or performer's death (as the case may be), or,if members of the bereaved family are still alive at the time of the passage ofsaid fifty years, then after the death of all such bereaved family members.
(Infringement with respect to the rights in a work of joint authorship, etc.)
Article 117 (1) Each co-author of, or each co-holder of the copyright in, a work ofjoint authorship shall be entitled to make, without the consent of the other co75

authors or co-holders of the copyright, the demand provided for in Article 112,
and/or a demand for compensation for damages to his share or a demand forthe return of the unjust enrichment corresponding to his share.
(2) The provisions of the preceding paragraph shall apply mutatis mutandis to an
infringement on copyrights or neighboring rights in co-ownership.
(Preservation of rights in anonymous or pseudonymous works)
Article 118 (1) The publisher of an anonymous or pseudonymous work shall beentitled to make, in his own name and for the benefit of the author or the
copyright holder of said work, the demand provided for in Article 112, Article
115 or Article 116, paragraph (1), or a demand for compensation for damages
for an infringement of the moral rights of author or the copyright, as the casemay be, or for return of an unjust enrichment. The foregoing, however, shallnot apply where the pseudonym is widely known as being that of the author
and where the true name of the author has been registered under theprovisions of Article 75, paragraph (1).
(2) A person whose true name or widely known pseudonym is indicated as thename of the publisher in a customary manner on reproductions of ananonymous or pseudonymous work shall be presumed to be the publisher ofsaid work.
Chapter VIII Penal Provisions
Article 119 (1) A person who infringes on the copyright, right of publication orneighboring rights (excluding, however, (a) a person who reproduces by himself
a work or performance, etc. for private use purposes as provided for in Article
30, paragraph (1) (including cases where applied mutatis mutandis pursuant toprovisions of Article 102, paragraph (1)); (b) a person who, pursuant to theprovisions of Article 113, paragraph (3), commits an act deemed to constitutean act of infringement on the copyright or neighboring rights (including rights
deemed to constitute neighboring rights pursuant to the provisions of Article
113, paragraph (4); the same shall apply in Article 120-2, item (iii)); (c) aperson who commits an act deemed to constitute an act of infringement on a
copyright or neighboring rights pursuant to the provisions of Article 113,
paragraph (5); (d) or a person described in items (iii) or (iv) of the following
paragraph) shall be punishable by imprisonment with work for a term not morethan ten years or by a fine of not more than ten million Yen, or by both.
(2) A person with respect to whom either of the following items applies shall bepunishable by imprisonment with work for a term not more than five years or
by a fine of not more than five million Yen, or by both:(i) a person who infringes on the moral rights of author or moral rights of76

performer (excluding a person who commits an act deemed to constitute an
act of infringement on the moral rights of author or moral rights of performer
pursuant to the provisions of Article 113, paragraph (3)):(ii) a person who, for profit-making purposes, causes the automatic reproducing
machine provided for in Article 30, paragraph (1), item (i) to be used toreproduce works or performance, etc., when such act of reproduction
constitutes an infringement on a copyright, right of publication orneighboring rights;(iii) a person who commits an act deemed to constitute an act of infringementon the copyright, right of publication or neighboring rights pursuant to theprovisions of Article 113, paragraph (1);(iv) a person who commits an act deemed to be an act of infringement on a
copyright pursuant to the provisions of Article 113, paragraph (2).
Article 120 A person who violates the provisions of Article 60 or Article 101-3
shall be punishable by a fine of not more than five million Yen.
Article 120-2 A person which respect to whom any of the following items applies
shall be punishable by imprisonment with work for a term not more than three
years or by a fine of not more than three million Yen, or by both:(i) a person who either: [(a)] [(A)] transfers to the public the ownership of, orrents to the public, [(B)] manufactures, imports or possesses for transfer ofownership or rental to the public, or [(C)] offers for use by the public, adevice the sole function of which is to circumvent technological protection
measures (including a set of parts [of such a device] capable of being easily
assembled) or reproductions of a computer program the sole function ofwhich is to circumvent technological protection measures, or [(b)] transmits
to the public, or makes transmittable, the aforementioned computer program;(ii) a person who, as a business, circumvents technological protection measuresin response to a request from the public;(iii) a person who, for profit-making purposes, commits an act deemed toconstitute an act of infringement on the moral rights of author, copyright,
moral rights of performer or neighboring rights pursuant to the provision of
Article 113, paragraph (3);(iv) a person who, for profit-making purposes, commits an act deemed toconstitute an act of infringement on a copyright or neighboring rights
pursuant to the provision of Article 113, paragraph (5).
Article 121 A person who distributes a reproduction of a work on which
reproduction the true name or widely known pseudonym of a person who is not
the author is indicated as the name of the author (including a reproduction of a77

derivative work on which reproduction the true name or widely known
pseudonym of a person who is not the author of the original work is indicatedas the name of the author of the original work) shall be punishable byimprisonment with work for a term not more than one year or by a fine of not
more than one million Yen, or by both:
Article 121-2 A person who [(a)] reproduces, as a commercial phonogram, acommercial phonogram which falls under either of the following two items(including reproductions of said commercial phonogram, including
reproductions produced by multiple acts of reproduction), or [(b)] distributes
such reproductions or possesses them for the purposes of distributing, shall bepunishable by imprisonment with work for a term not more than one year or bya fine of not more than one million Yen, or by both; provided, however, that theforegoing shall not apply with respect to a person who makes, distributes orpossesses reproductions made after the passage of more than fifty years fromthe year immediately following the year in which the first fixation of sounds onthe matrices listed in the following items:(i) a commercial phonogram manufactured by a person engaged in the businessof manufacturing commercial phonograms in this country, from the matrix ofthe phonogram (other than those phonograms with respect to which any of
the four items of Article 8 applies) received from the producer of phonograms
who produced said phonogram;(ii) a commercial phonogram manufactured by those engaged in the business ofmanufacturing commercial phonograms outside this country, from the matrixof the phonogram (other than those phonograms with respect to which any of
the four items of Article 8 applies) received from the producer of phonogram
who produced said phonogram and who is a national of any of the contracting
states to the Convention for the Protection of Performers, etc., the membersof the World Trade Organization or the Contracting States to the
Phonograms Convention ("nationals" includes juridical persons establishedunder the laws and regulations of such contracting state or member andthose who have their principal offices in such Contracting State or member).
Article 122 A person who violates the provisions of Article 48 or Article 102,
paragraph (2) shall be punishable by a fine of not more than five hundred
thousand Yen.
Article 122-2 (1) A person who violates a protective order shall be punishable byimprisonment with work for not a term of not more than five years or by a fineof not more than five million Yen, or by both.
(2) The crimes provided for in the preceding paragraph shall also apply to a78

person who has committed the crimes provided for in said paragraph outside
this country.
Article 123 (1) In the case of a crime set forth in Article 119, Article 120-2, items(iii) and (iv), Article 121-2 and paragraph (1) of the preceding Article,
prosecution shall take place only upon the filing of a complaint [by the injured
person].
(2) A publisher of an anonymous or a pseudonymous work may file a complaint
with respect to a crime provided for in the preceding paragraph with respect to
his work; provided, however, that the foregoing shall not apply in cases where
the proviso to Article 118, paragraph (1) is applicable and where suchcomplaint is contrary to the clear indication of intent by the author.
Article 124 (1) Where the representative of a juridical person (including theadministrator of an association or foundation without juridical personality), an
agent, an employee or any other worker of a juridical person or person, in
connection with the business of such juridical person or person, commits an act
in violation of the provisions mentioned in any of the following items, then, in
addition to the punishment of the violator [himself], the fine fixed in each item
below shall be imposed upon such juridical person and the fine fixed in theprovisions of each Article mentioned in each item below shall be imposed uponsuch person:(i) Article 119, paragraphs (1) or (2), items (iii) or (iv), or Article 122-2,
paragraph (1): a fine of not more than three hundred million Yen;(ii) Article 119, paragraph (2), items (i) or (ii), or Article 120 to Article 122: thefine set forth in each of these Articles.
(2) Where the provisions of the preceding paragraph apply to an association or
foundation without juridical personality, its representative or administrator
shall represent such association or foundation in connection with its acts oflitigation, and the provisions of the Code of Criminal Procedure which areapplicable where a juridical person is the accused or suspect shall apply
mutatis mutandis.
(3) In the case of paragraph (1), a complaint filed against the violator and thedismissal of such complaint against such violator shall be also effective withrespect to the juridical person or the person concerned, and a complaint filed
against a juridical person or a person or the dismissal of such complaint
against such juridical person or person shall be also effective with respect tothe violator concerned.
(4) The statute of limitations in cases where a fine is imposed on a juridical
person or a person for an act of violation under Article 119, paragraphs (1) or(2) or Article 122-2, paragraph (1) pursuant to the provisions of paragraph (1)79shall be the statute of limitations for the crimes in these provisions.

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