(As amended by: Law No.49, of May 18, 1978,

Law No.45, of May 19, 1981,

Law No.78, of December 2, 1983,

Law No.23, of May 1, 1984,

Law No.46, of May 25, 1984,

Law No.62, of June 14, 1985,

Law No.64, of May 23, 1986,

Law No.65, of May 23, 1986,

Law No.87, of November 1, 1988,

Law No.43, of June 28, 1989,

Law No.63, of May 2, 1991,

Law No.106, of December 16, 1992,

Law No.89, of November 12, 1993,

Law No.112, of December 14, 1994,

Law No.91, of May 12, 1995,

Law No.117, of December 26, 1996,

Law No.86, of June 18, 1997, and

Law No.101, of June 12, 1998.)

Chapter I General provisions.

Section 1 General rules (Articles 1 to 5).

Section 2 Scope of application (Articles 6 to 9 bis).

Chapter II Rights of authors.

Section 1 Works (Articles 10 to 13).

Section 2 Authors (Articles 14 to 16).

Section 3 Contents of rights.

Subsection 1 General rules (Article 17).

Subsection 2 Moral rights (Articles 18 to 20).

Subsection 3 Rights comprised in copyright (Articles 21 to 28).

Subsection 4 Ownership of copyright in cinematographic works (Article 29).

Subsection 5 Limitations on copyright (Articles 30 to 50).

Section 4 Term of protection (Articles 51 to 58).

Section 5 Inalienability of moral rights, etc. (Articles 59 and 60).

Section 6 Transfer and expiry of copyright (Articles 61 and 62).

Section 7 Exercise of rights (Articles 63 to 66).

Section 8 Exploitation of works under compulsory license (Articles 67 to 70).

Section 9 Compensation (Articles 71 to 74).

Section 10 Registration (Articles 75 to 78bis).

Chapter III Right of publication (Articles 79 to 88).

Chapter IV Neighboring rights.

Section 1 General rules (Articles 89 and 90).

Section 2 Rights of performers (Articles 91 to 95ter).

Section 3 Rights of producers of phonograms (Articles 96 to 97ter).

Section 4 Rights of broadcasting organizations (Articles 98 to 100).

Section 5 Rights of wire diffusion organizations (Articles 100bis to 100quater).

Section 6 Term of protection (Article 101).

Section 7 Limitations, transfer, exercise and registration of the rights (Articles 102 to 104).

Chapter V Compensation for private recording (Articles 104bis to 100 undecies).

Chapter VI Settlement of disputes (Articles 105 to 111).

Chapter VII Infringements (Articles 112 to 118).

Chapter VIII Penal provisions (Articles 119 to 124).

Supplementary provisions.

(Purpose)

Article 1. – The purpose of this Law is, by providing for the rights of authors and the rights neighboring thereon with respect to works as well as performances, phonograms, broadcasts and wire diffusions, to secure the protection of the rights of authors, etc., having regard to a just and fair exploitation of these cultural products, and thereby to contribute to the development of culture.

(Definitions)

Article 2. – (1) In this Law, the following terms shall have the meaning hereby assigned to them respectively:

(i) “work” means a production in which thoughts or sentiments are expressed in a creative way and which falls within the literary, scientific, artistic or musical domain;

(ii) “author” means a person who creates a work;

(iii) “performance” means the acting on stage, dancing, musical playing, singing, delivering, declaiming or performing in other ways of a work, and includes similar acts not involving the performance of a work which have the nature of public entertainment;

(iv) “performers” means actors, dancers, musicians, singers and other persons who give a performance as well as those who conduct or direct a performance;

(v) “phonograms” means fixations of sounds on phonographic discs, recording-tapes and other material forms, excluding those intended for use exclusively with images;

(vi) “producers of phonograms” means those who first fix the sounds contained in phonograms;

(vii) “commercial phonograms” means copies of phonograms made for commercial purposes;

(viibis) “public transmission” means the transmission of radio communication or wire-telecommunication intended for direct reception by the public, excluding the transmission (other than that of program works) by wire-telecommunication installations one part of which is located on the same premises where the other part is located or, if the premises are occupied by two or more persons, both parts of which are located within the area therein occupied by one person;

(viii) “broadcasting” means the public transmission of radio communication intended for simultaneous reception by the public of the transmission having the same contents;

(ix) “broadcasting organizations” means those who engage in the broadcasting business;

(ixbis) “wire diffusion” means the public transmission of wire-telecommunication intended for simultaneous reception by the public of the transmission having the same contents;

(ixter) “wire diffusion organizations” means those who engage in wire diffusion service;

(ixquater) “interactive transmission” means the public transmission made automatically in response to a request from the public, excluding the public transmission falling within the term “broadcasting” or “wire diffusion”;

(ixquinquies) “making transmittable” means the putting in such a state that the interactive transmission can be made by either of the following acts:

(a) to record information on a public transmission memory of an interactive transmission server already connected with telecommunication networks for the use by the public (“interactive transmission server” means a device which, when connected with telecommunication networks for the use by the public, has a function of making the interactive transmission of information which is either recorded on such a part of its memory as used for the interactive transmission (hereinafter in this item referred to as “public transmission memory”) or inputted to such device; the same shall apply hereinafter), to add a memory recording information as a public transmission memory of such an interactive transmission server, to convert such a memory recording information into a public transmission memory of such an interactive transmission server, or to input information to such an interactive transmission server;

(b) to connect with telecommunication networks for the use by the public an interactive transmission server which records information on its public transmission memory or which inputs information to itself. In this case, where a connection is made through a series of acts such as wiring, starting of an interactive transmission server or putting into operation of programs for transmission or reception, the last occuring one of these acts shall be considered to constitute the connection.

(x) “makers of cinematographic works” means those who take the initiative in, and the responsibility for, the making of a cinematographic work;

(xbis) “program” means an expression of combined instructions given to a computer so as to make it function and obtain a certain result;

(xter) “databases” means an aggregate of information such as articles, numericals or diagrams, which is systematically constructed so that such information can be searched for with the aid 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) “joint work” means a work created by two or more persons in which the contribution of each person cannot be separately exploited;

(xiii) “sound recording” means the fixation of sounds on some material forms and the multiplication of such fixation;

(xiv) “visual recording” means the fixation of a sequence of images on some material forms and the multiplication of such fixation;

(xv) “reproduction” means the reproduction in a tangible form by means of printing, photography, polygraphy, sound or visual recording or otherwise; and

(a) in the case of dramas and other similar dramatic works, it includes sound and visual recording of the actings, broadcasts or wire diffusions of these works; and

(b) in the case of architectural works, it includes the construction of an architectural work according to its plan;

(xvi) “acting” means the performance of works by means other than musical playing (“musical playing” includes singing; the same shall apply hereinafter);

(xvii) “presentation” means the projection of a work (other than that transmitted publicly) on the screen or other material forms, and includes such an intangible reproduction of sounds fixed in a cinematographic work as made in company with its projection;

(xviii) “recitation” means the oral communication by means of reading or otherwise, not falling within the term “performance”;

(xix) “distribution” means the transfer of ownership and lending of copies of a work to the public, whether with or without payment, and in the case of a cinematographic work or a work reproduced therein, it includes the transfer of ownership and lending of copies of such work for the purpose of making a cinematographic work available to the public;

(xx) “technological protection measures” means measures to prevent or deter such acts as constitute infringements on moral rights or copyright mentioned in Article 17, paragraph (1) or neighboring rights mentioned in Article 89, paragraph (6) (hereinafter in this item referred to as “copyright, etc.”) (“deter” means to deter such acts as constitute infringements on copyright, etc. by causing considerable obstruction to the results of such acts; the same shall apply inArticle 30, paragraph (1), item (ii)) by electronic or magnetic means or by other means not perceivable by human perception (in the next item referred to as “electro-magnetic means”), excluding such measures as used not at the will of the owner of copyright, etc., which adopt systems of recording in a memory or transmitting such signals as having specific effects on machines used for the exploitation of works, performances, phonograms, broadcasts or wire diffusions (in the next item referred to as “works, etc.”) (“exploitation” includes acts which would constitute infringements on moral rights if done without the consent of the author), together with works, performances, phonograms, or sounds or images of broadcasts or wire diffusions.

(xxi) “rights management information” means information concerning moral rights or copyright mentioned in Article 17, paragraph (1) or rights mentioned in Article 89, paragraphs (1) to (4)(hereinafter in this item referred to as “copyright, etc.”) which falls within any of the following (a),(b) and (c) and which is recorded in a memory or transmitted by electromagnetic means together with works, performances, phonograms, or sounds or images of broadcasts or wire diffusions, excluding such information as not used for knowing how works, etc. are exploited, for conducting business relating to the authorization to exploit works, etc. and for other management of copyright, etc. by computer:

(a) information which specifies works, etc., owners of copyright, etc. and other matters specified by Cabinet Order;

(b) information relating to manners and conditions of the exploitation in case where the exploitation of works, etc. is authorized;

(c) information which enables to specify matters mentioned in (a) or (b) above in comparison with other information.

(xxii) “this country” means the jurisdiction within which this Law is effective.

(2) As used in this Law, “artistic work” includes a work of artistic craftsmanship.

(3) As used in this Law, “cinematographic work” includes a work expressed by a process producing visual or audio-visual effects analogous to those of cinematography and fixed in some material form.

(4) As used in this Law, “photographic work” includes a work expressed by a process analogous to photography.

(5) As used in this Law, “the public” includes a large number of specific persons.

(6) As used in this Law, “legal person” includes non-juridical associations or foundations having representatives or administrators.

(7) In this Law, “performance” and “recitation” include the performance or recitation of a work by means of sound or visual recordings, not falling within the term “public transmission” or “presentation” and the communication by means of telecommunication installations of performances or recitations of works, not falling within the term “public transmission”.

(8) In this Law, “lending” includes any kind of similar acts of making acquire an authority to use, whatever may be their purpose or means.

(9) In this Law, the meanings assigned to the terms defined in paragraph (1), items (viibis), (viii), (ixbis),(ixquater), (ixquinquies), and (xiii) to (xix) and the preceding two paragraphs shall also apply to their variant forms, as the case may be.

(Publishing of works)

Article 3. – (1) A work has been “published” when copies of the work have been reproduced and distributed by a person who has the right mentioned in Article 21 or with the authorization of such person (“authorization” means the authorization to exploit a work under the provision ofArticle 63, paragraph (1); the same shall apply hereinafter in this and the next Chapters, except that Article) or by a person in favour of whom the right of publication mentioned in Article 79 has been established, in such sufficient quantities as satisfy the reasonable requirements of the public, having regard to the nature of the work (without prejudice to the right of a person who has the right mentioned in Article 26, Article 26bis, paragraph (1) or Article 26ter).

(2) A work shall be considered as having been “published” when copies of its translation have been reproduced and distributed, in such quantities as provided for in the preceding paragraph, by a person who has the same right as that mentioned in Article 21 in accordance with the provisions of Article 28 or with the authorization of such person (without prejudice to the right of a person who has the same right as that mentioned in Article 26, Article 26bis, paragraph (1) or Article 26ter in accordance with the provision of Article 28).

(3) A person who would have the right mentioned in any of the preceding two paragraphs if this work were protected under this Law or a person who obtained the authorization to exploit the work from such person shall be considered to be a person who has such right or a person who obtained the authorization from such person, and the provisions of these paragraphs shall apply with respect to these persons.

(Making public of works)

Article 4. – (1) A work has been “made public” when it has been published, or when it has been made available to the public, by a person who has the rights mentioned in Articles 22 to 25 or with the authorization of such person, by means of performance, presentation, public transmission, recitation or exhibition. In the case of architectural works, a work also has been “made public” when it has been constructed by a person who has the right mentioned in Article 21 or with the authorization of such person.

(2) A work shall be considered as having been “made public” when it has been put, by a person who has the rights mentioned in Article 23, paragraph (1) or with the authorization of such person, in such a state that it can be made transmittable.

(3) A work shall be considered as having been “made public” when its translation has been made available to the public, by a person who has the same rights as those mentioned in Articles 22 to 24 in accordance with the provision of Article 28 or with the authorization of such person, by means of performance, presentation, public transmission or recitation, or when such translation has been made transmittable by a person who has the same rights as those mentioned in Article 23, paragraph (1) in accordance with the provision of Article 28 or with the authorization of such person.

(4) An artistic work or a photographic work shall be considered as having been “made public” when it has been exhibited, by such a person as mentioned in Article 45, paragraph (1), in such a manner as provided in that paragraph.

(5) A person who would have the right mentioned in paragraphs (1) to (3) of this Article if his work were protected under this Law or a person who obtained the authorization to exploit the work from such person shall be considered to be a person who has such right or a person who obtained the authorization from such person, and the provisions of these paragraphs shall apply with respect to these persons.

(Priority of international treaty)

Article 5. – If an international treaty provides otherwise with respect to the rights of authors and the rights neighboring thereon, the provisions thereof shall prevail.

(Works)

Article 6. – The following shall be granted protection under this Law:

(i)     works of Japanese nationals (“Japanese nationals” includes legal persons established under the Japanese law and those who have their principal offices in this country; the same shall apply hereinafter);

(ii)     works first published in this country, including those first published outside the jurisdiction of this Law and published in this country within thirty days of that first publication;

(iii)     works not falling within those mentioned in the preceding two items, to which Japan has the obligation to grant protection under an international treaty.

(Performances)

Article 7. – The following shall be granted protection under this Law:

(i)     performances which take place in this country;

(ii)     performances fixed in the phonograms mentioned in item (i) or (ii) of the next Article;

(iii)     performances transmitted through the broadcasts mentioned in Article 9, item (i) or (ii), excluding those incorporated in sound or visual recordings before the transmission with the authorization of the performers concerned;

(iv)     performances transmitted through the wire diffusions mentioned in each item of Article 9bis, excluding those incorporated in sound or visual recordings before the transmission with the authorization of the performers concerned;

(v)     any of the following performances not falling within those mentioned in the preceding four items:

(a)     performances which take place in a Contracting State of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (hereinafter referred to as “the Convention for the Protection of Performers, etc.”);

(b)     performances fixed in the phonograms mentioned in item (iii) of the next Article;

(c)     performances transmitted through the broadcasts mentioned in Article 9, item (iii), excluding those incorporated in sound or visual recordings before the transmission with the authorization of the performers concerned;

(vi)     any of the following performances not falling within those mentioned in the preceding five items:

(a)     performances which take place in a member of the World Trade Organizations;

(b)     performances fixed in the phonograms mentioned in item (iv) of the next Article;

(c)     performances transmitted through the broadcasts mentioned in Article 9, item (iv), excluding those incorporated in sound or visual recordings before the transmission with the authorization of the performers conerned;

(Phonograms)

Article 8. – The following shall be granted protection under this Law:

(i)     phonograms the producers of which are Japanese nationals;

(ii)     phonograms composed of the sounds which were first fixed in this country;

(iii)     any of the following phonograms not falling within those mentioned in the preceding two items:

(a)     phonograms the producers of which are nationals of any of the Contracting States of the Convention for the Protection of Performers, etc. (“nationals” includes legal persons established under the law of such State and those who have their principal offices in such State; the same shall apply hereinafter);

(b)     phonograms composed of the sounds which were first fixed in any of the Contracting States of the Convention for the Protection of Performers, etc.;

(iv)     any of the following phonograms not falling within those mentioned in the preceding three items:

(a)     phonograms the producers of which are nationals of any of the members of the World Trade Organization (“nationals” includes legal persons established under the law of such member and those who have their principal offices in such member; the same hall apply hereinafter);

(b)     phonograms composed of the sounds which were first fixed in any of the members of the World Trade Organization;

(v)     phonograms not falling within those mentioned in the preceding four items, to which Japan has the obligation to grant protection under the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms (in Article 121bis, item(ii)referred to as “the Phonograms Convention”).

(Broadcasts)

Article 9. – The following shall be granted protection under this Law:

(i)     broadcasts transmitted by broadcasting organizations of Japanese nationality;

(ii)     broadcasts transmitted from transmitters situated in this countuy;

(iii)     any of the following broadcasts not falling within those mentioned in the preceding two items:

(a)     broadcasts transmitted by broadcasting organizations who are nationals of any of the Contracting States of the Convention for the Protection of Performers, etc.;

(b)     broadcasts transmitted from transmitters situated in any of the Contracting States of the Convention for the Protection of Performers, etc.;

(iv)     any of the following broadcasts not falling within those mentioned in the preceding three items:

(a)     broadcasts transmitted by broadcasting organizations who are nationals of any of the members of the World Trade Organization;

(b)     broadcasts transmitted from transmitters situated in any of the members of the World Trade Organization.

(Wire diffusions)

Article 9bis – The following shall be granted protection under this Law:

(i)     wire diffusions transmitted by wire diffusion organizations of Japanese nationality (excluding those made upon receiving broadcasts; the same shall apply in the next item);

(ii)     wire diffusions transmitted from wire transmitters situated in this country.

(Classification of works)

Article 10. – (1) As used in this Law, “works” shall include, in particular, the following:

(i)     novels, dramas, articles, 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 figurative works of a scientific nature such as plans, charts, and models;

(vii)     cinematographic works;

(viii)     photographic works;

(ix)     program works.

(2) News of the day and miscellaneous facts having the character of mere items of information shall not fall within a term “works” mentioned in item (i) of the preceding paragraph.

(3) The protection granted by this Law to works mentioned in paragraph (1), item (ix) shall not extend to any programming language, rule or algorithm used for making such works. In this case, the following terms shall have the meaning hereby assigned to them respectively:

(i)     “programming language” means letters and other symbols as well as their systems for use as means of expressing a program;

(ii)     “rule” means a special rule on how to use in a particular program a programming language mentioned in the preceding item;

(iii)     “algorithm” means methods of combining, in a program, instructions given to a computer.

(Derivative works)

Article 11. – The protection granted by this Law to derivative works shall not prejudice the rights of authors of pre-existing works.

(Compilation)

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 of the preceding paragraph shall not prejudice the rights of authors of works which form part of databases defined in that paragraph.

(Database works)

Article 12bis. – (1) Databases which, by reason of the selection or systematic construction of information contained therein, constitute intellectual creations shall be protected as independent works.

(2) The provision of the preceding paragraph shall not prejudice the rights of authors of works which form part of databases defined in that paragraph.

(Works not protected)

Article 13. – (1) The following shall not form the subject matter of the rights provided for in this Chapter:

(i)     the Constitution and other laws and regulations;

(ii)     notifications, instructions, circular notices and the like issued by organs of the State or local public entities;

(iii)     judgments, decisions, orders and decrees of law courts, as well as rulings and decisions made by administrative organs in proceedings similar to judicial ones;

(iv)     translations and compilations, of those materials mentioned in the preceding three items, made by organs of the State or local public entities.

(Presumption of authorship)

Article 14. – A person, whose name or appellation (hereinafter referred to as “true name”), or whose generally known pen name, abbreviation or other substitute for his true name (hereinafter referred to as “pseudonym”) is indicated as the name 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 that work.

(Authorship of a work made by an employee in the course of his duties)

Article 15. – (1) The authorship of a work (except a program work) which, on the initiative of a legal person or other employer (hereinafter in this Article referred to as “legal person, etc.”), is made by his employee in the course of his duties and is made public under the name of such legal person, etc. as the author shall be attributed to that legal person, etc., unless otherwise stipulated in a contract, work regulation or the like in force at the time of the making of the work.

(2) The authorship of a program work which, on the initiative of a legal person, etc. is made by his employee in the course of his duties, shall be attributed to that legal person, etc., unless otherwise stipulated in a contract, work regulation or the like in force at the time of the the making of the work.

(Authorship of a cinematographic work)

Article 16. – The authorship of a cinematographic work shall be attributed to those who, by taking charge of producing, directing, filming, art direction, etc., have contributed to the creation or that work as a whole, excluding authors of novels, scenarios, music or other works adapted or reproduced in that work; provided, however, that the provision of the preceding Article is not applicable.

Subsection 1 General Rules

(Rights of authors)

Article 17. – (1) The author shall enjoy the rights mentioned in paragraph (1) of the next Article,Article 19, paragraph (1) and Article 20, paragraph (1) (hereinafter referred to as “moral rights”) as well as the rights mentioned in Articles 21 to 28 (hereinafter referred to as “copyright”).

(2) The enjoyment of moral rights and copyright shall not be subject to any formality.

Subsection 2 Moral Rights

(Right of making the work public)

Article 18. – (1) The author shall have the rights to offer to and to make available to the public his work which has not yet been made public (including a work which has been made public without his consent; the same shall apply in the next paragraph). The author shall have the same right with respect to works derived from his work which has not yet been made public.

(2) In the following cases, the author shall be presumed to have consented to the following acts:

(i)     where copyright in his work which has not yet been made public has been transferred: the offering to and the making available to the public of the work by exercising the copyright therein;

(ii)     where the ownership of the original of his artistic or photographic work which has not yet been made public has been transferred: the making available to the public of the work by exhibiting its original;

(iii)     where the ownership of copyright in his cinematographic work belongs to the maker in accordance with the provision of Article 29: the offering to and the making available to the public of the work by exercising the copyright therein.

(Right of determining the indication of the author’s name)

Article 19. – (1) The author shall have the right to determine whether his true name or pseudonym should be indicated or not, as the name of the author, on the original of his work or when his work is offered to or made available to the public. The author shall have the same right with respect to the indication of his name when works derived form his work are offered to or made available to the public.

(2) In the absence of any declaration of the intention of the author to the contrary, a person using his work may indicate the name of the author in the same manner as that already adopted by the author.

(3) It shall be permissible to omit the name of the author where it is found that there is no risk of damage to the interests of the author in his claim to authorship in the light of the purpose and the manner of exploiting his work and in so far as such omission is compatible with fair practice.

(Right of preserving the integrity)

Article 20. – (1) The author shall have the right to preserve the integrity of his work and its title against any distortion, mutilation or other modification against his will.

(2) The provision of the preceding paragraph shall not apply to the following modifications:

(i)     change of ideographs or words or other modifications deemed unavoidable for the purpose of school education in the case of the exploitation of works under the provisions ofArticle 3, paragraph (1) (including the case where its application mutatis mutandis is provided for under the provision of paragraph (4) of the same Article) and Article 34, paragraph (1);

(ii)     modification of an architectural work by means of extension, rebuilding, repairing, or remodeling;

(iii)     modification which is necessary for enabling to use on a particular computer a program work which is otherwise unusable on that computer, or to make more effective the use of a program work on a computer;

(iv)     other modifications not falling within those mentioned in the preceding three items, which are deemed unavoidable in the light of the nature of a work as well as the purpose and the manner of exploitation.

Subsection 3 Rights Comprised in 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 presentation)

Article 22bis – The author shall have the exclusive right to present his work publicly.

(Rights of public transmission, etc.)

Article 23. – (1) The author shall have the exclusive right to transmit his work publicly (including the making transmittable of his work in the case of the interactive transmission).

(2) The author shall have the exclusive right to communicate publicly, by means of a receiving apparatus, his work which has been transmitted publicly.

(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 publicly the original of his work.

(Right of distribution)

Article 26. – (1) The author of a cinematographic work shall have the exclusive right to distribute copies of his work.

(2) The author of a work reproduced in a cinematographic work shall have the exclusive right to distribute copies of his work.

(Right of transfer of ownership)

Article 26bis – (1) The author shall have the exclusive right to offer his work (except a cinematographic work; the same shall apply hereinafter in this Article) to the public by transfer of ownership of the original or copies of the work (excluding copies of a cinematographic work in the case of a work reproduced in the cinematographic work; the same shall apply hereinafter in this Article).

(2) The provision of the preceding paragraph shall not apply in the case of the transfor of ownership of such original or copies of a work as falling within any of the following items:

(i)     the original or copies of a work the ownership of which has been transferred to the public by a person sho has the right mentioned in the preceding paragraph or with the authorization of such person;

(ii)     copies of a work the ownership of which has been transferred to the public under the authority of a compulsory license under the provisions of Article 67, paragraph (1) or Article 69 or with a license under the provisions of Article 5, paragraph (1) of the Law concerning the Exceptional Provisions to the Copyright Law required in consequence of the Enforcement of the Universal Copyright Convention (Law No.86, of 1956);

(iii)     the original or copies of a work the ownership of which has been transferred to a small number of specific persons by a person who has the right mentioned in the preceding paragraph or with the authorization of such person;

(iv)     the original or copies of a work the ownership of which has been transferred, outside the jurisdiction of this Law, without prejudece to the right equivalent to that mentioned in the preceding paragraph or by a person who has the right equivalent to that mentioned in that paragraph or with the authorization of such person.

(Right of lending)

Article 26ter – The author shall have the exclusive right to offer his work (except a cinematographic work) to the public by lending copies of the work (excluding copies of a cinematographic work in the case of a work reproduced in the cinematographic work).

(Rights of translation, adaptation, etc.)

Article 27. – The author shall have the exclusive right to translate, arrange musically or transform, or dramatize, cinematize, or otherwise adapt his work.

(Rights of the original author in the exploitation of a derivative work)

Article 28. – In the exploitation of a derivative work, the author of the preexisting work shall have the same rights as those the author of the derivative work has under the provisions of this Subsection.

Subsection 4 Ownership of Copyright in Cinematographic Works

(Ownership of copyright in cinematographic works)

Article 29. – (1) Copyright in a cinematographic work, to which the provisions ofArticle 15, paragraph (1), the next paragraph and paragraph (3) of this Article are not applicable, shall belong to the maker of that work, provided that the authors of the work have undertaken to participate in the making thereof.

(2) In the case of a cinematographic work, which is made by a broadcasting organization alone for use exclusively for broadcasting purposes and to which the provision of Article 15, paragraph (1) is not applicable, the following rights comprised in the copyright therein shall belong to that organization as the maker of cinematographic works:

(i)     rights to broadcast that work, and to diffuse by wire and communicate publicly by means of a receiving apparatus the work thus broadcast;

(ii)     rights to broadcast that work, and to distribute its copies thus reproduced among other broadcasting organizations.

(3) In the case of a cinematographic work, which is made by a wire diffusion organization alone for use exclusively for wire diffusion purposes and to which the provision of Article 15, paragraph (1) is not applicable, the following rights comprised in the copyright therein shall belong to that organization as the maker of cinematographic works:

(i)     rights to diffuse by wire that work, and to communicate publicly by means of a receiving apparatus the work thus diffused by wire;

(ii)     rights to reproduce that work, and to distribute its copies thus reproduced among other wire diffusion organizations.

Subsection 5 Limitations on Copyright

(Reproduction for private use)

Article 30. – (1) It shall be permissible for a user to reproduce by himself a work forming the subject matter of copyright (hereinafter in this Subsection referred to as a “work”) for the purpose of his personal use, family use or other similar uses within a limited circle (hereinafter referred to as “private use”), except in the following cases:

(i)     where such reproduction is made by means of automatic reproducing machines (“automatic reproducing machine” means a machine having reproducing functions and in which all or main parts of reproducing devices are automatic) placed for the use by the public;

(ii)     where such reproduction is made by a person who knows that such reproduction becomes possible by the circumvention of technological protection measures or it ceases to cause obstruction, by such circumvention, to the results of acts deterred by such measures (“circumvention” means to enable to do acts prevented by technological protection measures or to stop causing obstruction to the results of acts deterred by such measures, by removal or alteration of signals used for such measures; the same shall apply in Article 120bis, items (i) and (ii)) (“removal” or “alteration” does not include such removal or alteration as is conditional upon technology involved in the conversion of recording or transmission systems).

(2) Any person who, for the purpose of private use, makes sound or visual recording on such a digital recording medium as specified by Cabinet Order by means of such a digital recording machine as specified by Cabinet Order (excluding (a) machines having special efficiency generally not for private use but for business use, such as that for broadcasting, and (b) machines having sound or visual recording functions incidental to the primary functions, such as telephones with sound recording function) shall pay a reasonable amount of compensation to the copyright owners concerned.

(Reproduction in libraries, etc.)

Article 31. – It shall be permissible to reproduce a work included in library materials (“library materials” in this Article means books, documents and other materials held in the collection of libraries, etc.) within the scope of the non-profit-making activities of libraries, etc. (“libraries, etc.” in this Article means libraries and other establishments, designated by Cabinet Order, having the purpose, among others, to offer library materials for the use by the public) in any of the following cases:

(i)     where, at the request of a user and for the purpose of his own investigation or research, he is furnished with a single copy of a part of a work already made public or of all of an individual work included in a periodical already published for a considerable period of time;

(ii)     where the reproduction is necessary for the purpose of preserving library materials;

(iii)     where other libraries, etc. are furnished with a copy of library materials which are rarely available through normal trade channel because the materials are out of print or for other similar reasons.

(Quotations)

Article 32. – (1) It shall be permissible to make quotations from a work already made public, provided that their making is compatible with fair practice and their extent does not exceed that justified by purposes such as news reporting, criticism or research.

(2) It shall also be permissible for the press or other periodicals to reproduce informatory, investigatory or statistical data, reports and other works of similar character which have been prepared by organs of the State or local public entities for the purpose of public information and which have been made public under their authorship, provided that the reproduction thereof is not expressly prohibited.

(Reproduction in school textbooks, etc.)

Article 33. – (1) It shall be permissible to reproduce in school textbooks (“school textbooks” means textbooks authorized by the Minister of Education or those compiled under the authorship of the Ministry of Education to be used for the education of children or pupils in primary schools, junior or senior high schools or other similar schools) works already made public, to the extent deemed necessary for the purpose of school education.

(2) A person who makes such reproduction shall inform the author thereof and pay to the copyright owner compensation, the amount of which is fixed each year by the Commissioner of the Agency for Cultural Affairs, by taking into account the purpose of the provision of the preceding paragraph, the nature and the purpose of the work, the ordinary rate of royalty, and other conditions.

(3) The Commissioner of the Agency for Cultural Affairs shall announce in the Official Gazette the amount of compensation fixed in accordance with the provision of the preceding paragraph.

(4) The provisions of the preceding three paragraphs shall apply mutatis mutandis with respect to the reproduction of works in textbooks intended for senior high school correspondence courses and in guidance books of school textbooks mentioned in paragraph (1) intended for teachers (these guidance books shall be limited to those published by the same publisher of the textbooks).

(Broadcasting, etc. in school education programs)

Article 34. – (1) It shall be permissible to broadcast or diffuse by wire a work already made public, in broadcasting programs or wire diffusion programs which conform to the curriculum standards provided for in regulations on school education, and to reproduce it in teaching materials for these programs, to the extent deemed necessary for the purpose of school education.

(2) A person who makes such exploitation of a work shall inform the author thereof and pay to the copyright owner a reasonable amount of compensation.

(Reproduction in schools and other educational institutions)

Article 35. – A person who is in charge of teaching in a school or other educational institutions established not for profit-making may reproduce a work already made public if and to the extent deemed necessary for the purpose of use in the course of teaching, provided that such reproduction does not unreasonably prejudice the interests of the copyright owner in the light of the nature and the purpose of the work as well as the number of copies and the form of reproduction.

(Reproduction in examination questions)

Article 36. – (1) It shall be permissible to reproduce a work already made public in questions of an entrance examination or other examinations of knowledge or skill, or such examination for a license, to the extent deemed necessary for that purpose.

(2) A person who makes such reproduction for profit-making purposes shall pay to the copyright owner compensation the amount of which corresponds to an ordinary rate of royalty.

(Reproduction in braille, etc.)

Article 37. – (1) It shall be permissible to reproduce in braille for the blind a work already made public.

(2) For braille libraries and other establishments for the promotion of the welfare of the blind, designated by Cabinet Order, it shall be permissible to make sound recordings of a work already made public, exclusively for the purpose of lending such recordings for the use of the blind.

(Performance, etc. not for profit-making)

Article 38. – (1) It shall be permissible to publicly perform, present and recite a work already made public, for non-profit-making purposes and without charging any fees (“fees” includes any kind of charge to be imposed on the offering and the making available of a work to the public; the same shall apply hereinafter in this Article) to audience or spectators; provided, however, that the performers or reciters concerned are not paid any remuneration for such performance, presentation or recitation.

(2) It shall be permissible to diffuse by wire a work already broadcast, for non-profit-making purposes and without charging any fees to audience or spectators.

(3) It shall be permissible to communicate publicly, by means of a receiving apparatus, a work already broadcast or diffused by wire, for non-profit-making purposes and without charging any fees to audience or spectators. The same shall apply to such public communication made by means of a receiving apparatus of a kind commonly used in private homes.

(4) It shall be permissible to offer to the public a work (except a cinematographic work) already made public, by lending copies of the work (excluding copies of a cinematographic work in the case of a work reproduced in the cinematographic work) for non-profit-making purposes and without charging any fees to borrowers of such copies.

(5) For audiovisual education establishments and other establishments not for profit-making, designated by Cabinet Order, having the purposes, among others, to offer cinematographic films and other audiovisual materials for the use by the public, it shall be permissible to distribute a cinematographic work alreagy made public, by lending copies of the work, without charging any fees to borrowers of such copies. In this case, a person who makes such distribution shall pay a reasonable amount of compensation to the owner of the right mentioned in Article 26 (including the owner of the same right as that mentioned in Article 26 in accordance with the provision of Article 28) with respect to such a cinematographic work or a work reproduced in that cinematographic work.

(Reproduction, etc. of articles on current topics)

Article 39. – (1) It shall be permissible to reproduce in the press, broadcast or diffuse by wire articles published in newspapers or periodicals on current political, economic or social topics, not having a scientific character, provided that such reproduction, broadcasting or wire diffusion thereof is not expressly prohibited.

(2) It shall also be permissible to communicate publicly, by means of a receiving apparatus, articles thus broadcast or diffused by wire.

(Exploitation of political speeches, etc.)

Article 40. – (1) It shall be permissible to exploit, by any means, political speeches delivered in public and speeches delivered in the course of judicial proceedings (including those corresponding to judicial proceedings such as determinations by administrative agencies; the same shall apply in Article 42), except such exploitation as involves a collection of the works of the same author.

(2) It shall be permissible to reproduce in the press, broadcast or diffuse by wire speeches not falling within the preceding paragraph, which are delivered in public by organs of the State of local public entities, to the exten justified by the informatory purpose.

(3) It shall also be permissible to communicate publicly, by means of a receiving apparatus, speeches thus broadcast or diffused by wire.

(Reporting of current events)

Article 41. – For the purpose of reporting current events by means of photography, cinematography, broadcasting or otherwise, it shall be permissible to reproduce and exploit a work involved in the event or a work seen or heard in the course of the event, to the extent justified by the informatory purpose.

(Reproduction for judicial proceedings, etc.)

Article 42. – It shall be permissible to reproduce a work if and to the extent deemed necessary for the purpose of judicial proceedings and of internal use by legislative or administrative organs, provided that such reproduction does not unreasonably prejudice the interests of the copyright owner in the light of the nature and the purpose of the work as well as the number of copies and the form of reproduction.

(Exploitation by means of translation, adaptation, etc.)

Article 43. – The exploitation of works permitted under the provisions mentioned below shall include that made by the following means:

(i)     Article 30, paragraph (1) and Articles 33 to 35: translation, musical arrangement, transformation, and adaptation;

(ii)     Article 31, item (i), Articles 32, 36 and 37, Articles 39, paragraph (1), Article 40, paragraph (2) and the preceding two Articles: translation.

(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 prejudice to the right of the author mentioned in Article 23, paragraph (1), for the purpose of their own broadcasts and by means of their own facilities or facilities of other broadcasting organizations which are in a position to broadcast the same work.

(2) Wire diffusion organizations may make ephemeral sound or visual recordings of a work which they are in a position to diffuse by wire, without prejudice to the right of the author mentioned inArticle 23, paragraph (1), for the purpose of their own wire diffusions (except those made upon receiving broadcasts) and by means of their own facilities.

(3) It shall not be permissible to preserve such ephemeral recordings made in accordance with the provisions of the preceding two paragraphs for a period exceeding six months after their making or, if the recordings are broadcast or diffused by wire within this period, for a period exceeding six months after that broadcasting or wire diffusion; provided, however, that such preservation is permitted if the preservation in official archives is authorized by Cabinet Order.

(Exhibition of an artistic work, etc. by the owner of the original thereof)

Article 45. – (1) The original of an artistic work or a photographic work may be publicly exhibited by its owner or with his authorization.

(2) The provision of the preceding paragraph shall not apply with respect to the permanent location of the original of an artistic work in open places accessible to the public, such as streets and parks, or at places easily seen by the public, such as the outer walls of buildings.

(Exploitation of an artistic work located in open places)

Article 46. – It shall be permissible to exploit artistic works permanently located in such open places as mentioned in paragraph (2) of the preceding Article and architectural works by any means not falling within any of the following items:

(i)     multiplication of a sculpture and offering it to the public by transfer of ownership of its copies;

(ii)     imitative reproduction of an architectural work and offering it to the public by transfer of ownership of its copies;

(iii)     reproduction of a work for the purpose of locating it permanently in such open places as mentioned in paragraph (2) of the preceding Article;

(iv)     reproduction of an artistic work exclusively for the purpose of selling its copies and sale of such copies.

(Reproduction required for an exhibition of artistic works, etc.)

Article 47. – A person who, without prejudice to the right of the author mentioned in Article 25, exhibits publicly the originals of artistic works or photographic works may reproduce such works in pamphlets for the purpose of explaining or introducing them to spectators.

(Reproduction, etc. by the owner of a copy of a program work)

Article 47 bis. – (1) The owner of a copy of a program work may make copies or adaptations (including the making copies of a derivative work created by means of adaptation) of that work if and to the extent deemed necessary for the purpose of exploiting that work on a computer by himself, provided that the provision of Article 113, paragraph (2) does not apply to the use made of such copies in connection with such exploitation.

(2) If the owner of copies mentioned in the preceding paragraph has ceased to have the ownership of any of copies mentioned in that paragraph (including copies made in accordance with the provision of that paragraph) for reasons other than those of destruction, he may not thereafter preserve other copies in the absence of any declaration of the intention of the copyright owner to the contrary.

(Transfer of ownership of copies made in accordance with the provisions of limitations on reproduction right)

Article 47 ter. – Works permitted to be reproduced in accordance with the provisions ofArticle 31, item (i), Article 32, Article 33, paragraph (1) (including the case where its application mutatis mutandis is provided for under the provision of Article 33, paragraph (4)), Article 34, paragraph (1),Article 35, Article 36, paragraph (1), Article 37, paragraph (1), Article 39, paragraph (1), Article 40, paragraph (1) or(2), Article 41, 42, 42bis, 46 or 47 shall also be permitted to be offered to the public by transfer of ownership of copies made in accordance with these provisions, excluding copies of cinematographic works in cases of the provisions of Article 31, item (i), Article 35, Article 36, paragraph (1) or Article 42(including copies of cinematographic works in cases of works reproduced in cinematographic works; the same shall apply hereinafter in this Article), except in the case where the ownership of copies of works made in accordance with the provisions of Article 31, item (i) or Article 35, 41, 42 or 42bis is transferred to the public for purposes other than those mentioned in Article 31, item (i) or Article 35, 41, 42or 42bis (excluding copies of cinematographic works in cases of the provisions of Article 31, item (i) orArticle 35 or 42).

(Indication of sources)

Article 48. – (1) In any of the following cases, the source must be clearly indicated in the manner and to the extent deemed reasonable by the form of reproduction or exploitation:

(i)     where reproduction is made of works in accordance with the provisions of Article 32 andArticle 33, paragraph (1) (including the case where its application mutatis mutandis is provided for under the provision of paragraph (4) of the same Article) as well as Articles 37, 42 and 47;

(ii)     where exploitation is made of works in accordance with the provisions ofArticle 34, paragraph (1), Article 39, paragraph (1), and Article 40, paragraphs (1) and (2);

(iii)     where exploitation, other than reproduction, is made of works in accordance with the provisions of Article 32, and where exploitation is made of works in accordance with the provisions of Article 35, Article 36, paragraph (1), Article 38, paragraph (1) and Articles 41 and 46, provided that standard practice so requires.

(2) When indicating the source under the preceding paragraph, mention must be made of the name of the author if it appears on a work, except in the case where such indication identifies the author or the work is anonymous.

(3) Where exploitation is made of works by translating, arranging musically, transforming or adapting them in accordance with the provision of Article 43, mention must also be made of the source as provided for in the provisions of the preceding two paragraphs.

(Uses, etc. of copies for other purposes)

Article 49. – (1) The following acts shall be considered to constitute the reproduction mentioned inArticle 21:

(i)     the distribution of copies of works made in accordance with the provisions ofArticle 30, paragraph (1), Article 31, item (i), Article 35, Article 37, paragraph (2), as well asArticles 41 and 42 and Article 44, paragraphs (1) and (2), and the making available to the public of works by the use of these copies, for purposes other than those mentioned in these provisions;

(ii)     the preservation by broadcasting organizations or wire diffusion organizations, of ephemeral recordings in violation of the provision of Article 44, paragraph (3);

(iii)     the distribution of copies of works (excluding copies falling within those mentioned initem (ii) of the next paragraph) made in accordance with the provision of Article 47bis, paragraph (1), and the making available to the public of works by the use of these copies;

(iv)     the preservation of copies mentioned in Article 47bis, paragraph (2) in violation of that paragraph (excluding copies falling within those mentioned in item (ii) of the next paragraph).

(2) The following acts shall be considered to constitute the translation, musical arrangement, transformation or adaptation mentioned in Article 27 with respect to pre-existing works of derivative works concerned:

(i)     the distribution of copies of derivative works made in accordance with the provisions of each item of Article 43 and the making available to the public of derivative works by the use of these copies, for purposes other than those mentioned in Article 30, paragraph (1), Article 31 item (i),Article 35, Article 37, paragraph (2) and Articles 41 and 42;

(ii)     the distribution of copies of derivative works made in accordance with the provisions ofArticle 47bis, paragraph (1) and the making available to the public of derivative works by the use of these copies;

(iii)     the preservation of copies mentioned in the preceding item in violation of the provision ofArticle 47bis, paragraph (2).

(Relationship with moral rights)

Article 50. – No provisions of this Subsection may be interpreted as affecting the protection of the moral rights of the author.

(In general)