Section 4 Term of Protection(In general)Article 51. (1) The duration of copyright shall begin with the creation of the work. |
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| (2) Copyright shall continue to subsist until the end of a period of fifty years following the death of the author (or following the death of the last surviving co-author in the case of a joint work; the same shall apply in paragraph (1) of next Article), unless otherwise provided in this Section. | |
(Anonymous or pseudonymous works) Article 52. (1) Copyright in an anonymous or pseudonymous work shall continue to subsist until the end of a period of fifty years following the making public of the work, provided that copyright subsisting in such work, the author of which is presumed to have been dead for fifty years, shall be considered expired as of the time when the author is so presumed to have been dead. |
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| (2) The provision of the preceding paragraph shall not apply in any of the following cases: | |
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(i) where the pseudonym adopted by the author is generally known as that of his own; |
| (ii) where, within the period mentioned in the preceding paragraph, the author causes his true name to be registered in accordance with the provision of Article 75, paragraph (1); | |
| (iii) where, within the period mentioned in the preceding paragraph, the author has made public his work on which he indicates his true name or generally known pseudonym as the name of the author. | |
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(Works bearing the name of a corporate body) Article 53. (1) Copyright in a work bearing as the name of the author that of a legal person or other corporate body shall continue to subsist until the end of a period of fifty years following the making public of the work or the creation of the work if it has not been made public within a period of fifty years following its creation. |
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| (2) The provision of the preceding paragraph shall not apply in the case where, within the period mentioned in the preceding paragraph, a person who is the author of a work bearing as the name of the author that of a legal person or other corporate body, has afterwards made public the work on which he indicates his true name or generally known pseudonym as the name of the author. | |
| (3) With respect to the duration of copyright in a work the authorship of which is attributed to a legal person or other corporate body in accordance with the provision of Article 15, paragraph (2), the provision of paragraph (1) shall apply to such work not falling within that mentioned in paragraph (1) as if such work bore the name of such corporate body as the author. | |
(Cinematographic works) Article 54. (1) Copyright in a cinematographic work shall continue to subsist until the end of a period of seventy years following the making public of the work or the creation of the work if it has not been made public within a period of seventy years following its creation. |
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| (2) When copyright in a cinematographic work has expired at the end of its duration, copyright subsisting in the original work adapted cinematographically shall also expire but only with respect to the exploitation of the cinematographic work. | |
| (3) The provisions of the preceding two Articles shall not apply to copyright in cinematographic works. | |
Article 55. [Deleted] |
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(The time when serial publications, etc. have been made public) Article 56. (1) In Article 52, paragraph (1), Article 53, paragraph (1), and Article 54, paragraph (1), the time when works have been made public shall be determined by the making public of each volume, issue or installment in the case of works which are made public in regularly succeeding volumes, issues of installments, or by the making public of the last part in the case of works which are made public in parts. |
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| (2) In the case of works which are made public in parts, the last part already made public shall be considered to be the last one mentioned in the preceding paragraph if the next part is not made public before the expiration of a period of three years following the making public of the preceding part. | |
(Calculation of the term of protection) Article 57. In Article 51, paragraph (2), Article 52, paragraph (1), Article 53, paragraph (1), and Article 54, paragraph (1), the term of protection after the author's death, the making public of a work or the creation of a work shall be calculated from the beginning of the year following the date when such event occurred. |
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(Exceptional provisions for the term of protection) Article 58. In the case of works not falling within Article 6, item (i), if the country of origin thereof is considered to be a foreign country which is a member of the International Union established by the Berne Convention for the Protection of Literary and Artistic Works, a contracting party to the WIPO Copyright Treaty or a member of the World Trade Organization in accordance with the provisions of the Berne Convention, the WIPO Treaty or the Marrakesh Agreement Establishing the World Trade Organization and if the duration of copyright therein granted by that country of origin is shorter than that provided in Articles 51 to 54, the duration of copyright shall be that granted by that country of origin. |
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Section 5 Inalienability of Moral Rights, etc. of Authors(Inalienability of moral rights of authors)Article 59. Moral rights of the author shall be exclusively personal to him and inalienable. |
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(Protection of the moral interests after the 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 be prejudicial to the moral rights of the author if he were alive; provided, however, that such act is permitted if it is deemed not to be against the will of the author in the light of the nature and extent of the act as well as a change in social situation and other conditions. |
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Section 6 Transfer and Expiry of Copyright(Transfer of copyright)Article 61. (1) Copyright may be transferred in whole or in part. |
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| (2) Where a contract for the transfer of copyright makes no particular reference to the rights mentioned in Articles 27 and 28, these rights shall be presumed to be reserved to the transferor. | |
(Expiry of copyright in the case where no heirs exist, etc.) Article 62. (1) Copyright shall expire in the following cases: |
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| (i) where, after the author's death, the copyright is to revert to the National Treasury in accordance with the provisions of Article 959 (Reversion of the residue to the National Treasury) of the Civil Code (Law No. 89, of 1896); | |
| (ii) where, after the dissolution of a legal person who is the owner of copyright, the copyright is to revert to the National Treasury in accordance with the provisions of Article 239, paragraph (3) of the Law in General corporations and General Foundation (Law No.48, of 2006) or the provisions of other similar laws. | |
| (2) The provision of Article 54, paragraph (2) shall apply mutatis mutandis in the case where copyright in cinematographic works has expired through the operation of the preceding paragraph. | |
Section 7 Exercise of Rights(Authorization to exploit works)Article 63. (1) The copyright owner may grant another person authorization to exploit the work. |
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| (2) Any person who obtained such authorization shall be entitled to exploit the work in the manner and to the extent so authorized. | |
| (3) The right of exploitation thus authorized may not be transferred without the consent of the copyright owner. | |
| (4) Unless otherwise stipulated in a contract, such authorization to broadcast or diffuse by wire a work shall not imply the authorization to make sound or visual recordings of the work. | |
| (5) The provision of Article 23, paragraph (1) shall not apply to such making transmittable of a work, by a person who has obtained such authorization with respect to the making transmittable of the work, as being made repeatedly or by means of another interactive transmission server in the manner and to the extent so authorized, provided that such manner and extent are not concerned with the frequency of the making transmittable of a work or an interactive transmission server to be used for the making transmittable of a work. | |
(Exercise of moral rights of co-authors) Article 64. (1) Moral rights of co-authors of a joint work may not be exercised without unanimous agreement of all the co-authors. |
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| (2) Each of the co-authors may not, in bad faith, prevent the agreement mentioned in the preceding paragraph from being reached. | |
| (3) Co-authors may be represented by a person chosen from among them in the exercise of their moral rights. | |
| (4) Limitations on the representation mentioned in the preceding paragraph shall not be effective against a bona fide third person. | |
(Exercise of joint copyright) Article 65. (1) Each co-owner of copyright in a joint work or of copyright in co-ownership (hereinafter in this Article referred to as "joint copyright") shall not be entitled to transfer or pledge his share without the consent of the other co-owners. |
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| (2) Joint copyright may not be exercised without unanimous agreement of all the co-owners. | |
| (3) In the preceding two paragraphs, each co-owner may not, without reasonable justification, refuse the consent mentioned in paragraph (1) or prevent the agreement mentioned 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 joint copyright. | |
(Copyright on which the right of pledge is established) Article 66. (1) Unless otherwise stipulated in the contract establishing the right of pledge, the copyright owner shall be entitled to exercise copyright on which the right of pledge has been established. |
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| (2) The right of pledge may be exercised with respect to money or the like accruing from the transfer of copyright or the exploitation of the work (including counter-value for the establishment of the right of publication), provided that payment or delivery is preceded by the seizure of the right to receive money or the like mentioned above. | |
Section 8 Exploitation of Works under Compulsory License(Exploitation of works in the case where the copyright owner thereof is unknown)Article 67. (1) Where a work has been made public, or where it is clear that it has been offered to or made available to the public for a considerable period of time, the work may be exploited under the authority of a compulsory license issued by the Commissioner of the Agency for Cultural Affairs and upon depositing on behalf of the copyright owner compensation the amount of which is fixed by the Commissioner as corresponding to an ordinary rate of royalty, in the case, designated by Cabinet Order, where, after the due diligence, the copyright owner cannot be found for the reason that he is unknown or for other reasons. |
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| (2) A person, who intends to apply for a compulsory license mentioned in the preceding paragraph, shall submit to the Commissioner of the Agency for Cultural Affairs an application stating means of exploiting a work and other matters designated by Cabinet Order, together with data for explanation to the effect that the copyright owner can not be found or other data designated by Cabinet Order. | |
| (3) Copies of the work reproduced under the provisions of the preceding paragraph (1) shall bear an indication to the effect that the reproduction of these copies has been licensed in accordance with the provisions of that paragraph and give the date when the license was issued. | |
(Exploitation of a work while applying for a compulsory license) Article 67bis. (1) A person, who has applied for a compulsory license mentioned in paragraph (1) of the preceding Article (hereinafter in this Article referred to merely as "license"), may exploit a work concerned with such application by the same means of exploitation as those stated in such application, for a period when such application is pending (in the case where the copyright owner can be found, for a period until such finding), upon depositing a security money the amount of which shall be fixed by the Commissioner of the Agency for Cultural Affairs by taking account the means of exploitation of the work stated in such application; provided, however, that he may not exploit such work in the case where it is clear that the author of such work intends to discontinue the publication or other exploitation of his work. |
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| (2) Copies of the work reproduced under the provisions of the preceding paragraph shall bear an indication to the effect that such copies have been reproduced in accordance with the provisions of the paragraph and give the date of the application for a license. | |
| (3) In the case where a person exploiting a work under the provisions of paragraph (1) (hereinafter referred to as "applying user") has been issued a license, he shall not be required, notwithstanding the provisions of paragraph (1) of the preceding paragraph, to deposit the amount of the compensation, mentioned in that paragraph, corresponding to that of a security money already deposited under the provisions of paragraph (1) (in the case where the amount of such security money exceeds that of such compensation, that amount), under the provisions of paragraph (1) of that Article. | |
| (4) An applying user shall, in the case where he has received a refusal to issue a license (excluding the case where the copyright owner can be found before such refusal), deposit on behalf of the copyright owner compensation the amount of which shall be fixed by the Commissioner of the Agency for Cultural Affairs as corresponding to the amount of royalty fees for the exploitation of a work under the provisions of paragraph (1) for a period until such refusal. In this case, the amount of a security money, already deposited under the provisions of that paragraph, corresponding to that of such compensation (in the case where the amount of such compensation exceeds that of such security money, that amount) shall be considered as deposited as the amount of such compensation. | |
| (5) An applying user shall, in the case where the copyright owner can be found before an issuance of a license or a refusal to issue it, pay to the copyright owner compensation the amount of which is corresponding to that of royalty fees for the exploitation of a work under the provisions of paragraph (1), for a period until the time when the copyright owner can be bound. | |
| (6) In the cases mentioned in the preceding three paragraphs, the copyright owner can, based upon his right to receive compensation mentioned in paragraph (1) or (2) of the preceding Article, receive a repayment from a security money deposited under the provisions of paragraph (1). | |
| (7) A person, who has deposited a security money under the provisions of paragraph (1), can recover all or a part of such security money, as provided by Cabinet Order, in the case where the amount of such security money exceeds that which the copyright owner can receive as a repayment under the provisions of the preceding a paragraph. | |
(Broadcasting of works) Article 68. (1) A work already made public may be broadcast by a broadcasting organization under the authority of a compulsory license issued by the Commissioner of the Agency for Cultural Affairs and upon payment to the copyright owner of compensation the amount of which is fixed by the Commissioner as corresponding to an ordinary rate of royalty, provided that such organization requested the authorization to broadcast the work from the copyright owner and failed to reach an agreement or that the organization was unable to enter into negotiations with him. |
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| (2) Works thus broadcast may also be diffused by wire, made of the interactive transmission (including the making transmittable by means of inputting information to an interactive transmission server already connected with telecommunication networks for public use), exclusively for the purpose of reception within service areas intended for by such broadcasting, or communicated publicly by means of a receiving apparatus, upon payment to the copyright owner of compensation the amount of which corresponds to an ordinary rate of royalty, except in the case where the provisions of Article 38, paragraphs (2) and (3) shall be applicable. | |
(Recording on commercial phonograms) Article 69. When commercial phonograms have been sold for the first time in this country and after the expiration of a period of three years from the date of such first sale, a person who intends to make a sound recording of a musical work already recorded on such phonograms with the authorization of the copyright owner and thereby to manufacture other commercial phonograms may make such recording or offer such recording to the public by transfer of ownership under the authority of a compulsory license issued by the Commissioner of the Agency for Cultural Affairs and upon payment to the copyright owner of compensation the amount of which is fixed by the Commissioner as corresponding to an ordinary rate of royalty, provided that such person requested the authorization from the copyright owner to make a sound recording of the work or to offer such recordings to the public by transfer of ownership and failed to reach an agreement or that he was unable to enter into negotiations with the copyright owner. |
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(Procedures and standards of compulsory licensing) Article 70. (1) Applicants for a license mentioned in Article 67, paragraph (1), Article 68, paragraph (1) or the preceding Article shall pay application fee, the amount of which shall be fixed by Cabinet Order, taking into account actual cost. |
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| (2) The provision of the preceding paragraph shall not apply in the case where a person who shall pay an application fee in accordance with the provision of that paragraph is the State or such an independent administrative organ as is designated by Cabinet Order, taking into account contents of its business or other circumstances (referred to as "the State, etc." in Article 78, paragraph (6) and Article 107, paragraph (2)). | |
| (3) Upon receipt of an application for a license mentioned in Article 68, paragraph (1) or the preceding Article, the Commissioner of the Agency for Cultural Affairs shall notify the copyright owner concerned thereof in order to afford him an opportunity to express his opinion within an adequately specified period of time. | |
| (4) Even upon receipt of an application for a license mentioned 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 license if he recognizes: | |
| (i) that it is evident that the author has the intention to discontinue publication or other exploitation of his work; or | |
| (ii) that unavoidable circumstances obliged the copyright owner to refuse to give the authorization to the broadcasting organization applying for a license mentioned in Article 68, paragraph (1). | |
| (5) The Commissioner of the Agency for Cultural Affairs shall, when intending to refuse to issue the license (excluding the case where a license is not issued under the provisions of paragraph (7)), give previous notice to the applicant of the reason for such refusal and afford him an opportunity to explain his position and furnishing evidence favorable to him. The Commissioner shall, when refusing to issue such license, notify the applicant of such refusal in writing accompanied by the reason therefore. | |
| (6) The Commissioner of the Agency for Cultural Affairs shall, upon issuing the license mentioned in Article 67, paragraph (1), give public notice thereof in the Official Gazette and notify the applicant thereof.The Commissioner shall, upon issuing the license mentioned in Article 68, paragraph (1) or the preceding Article, notify the parties concerned thereof. | |
| (7) The Commissioner of the Agency for Cultural Affair shall abstain from issuing a license, upon request from an applying user to be effect that he will withdraw his application for a license mentioned in Article 67, paragraph (1). | |
| (8) Other than those provided for in the preceding paragraphs, necessary matters in connection with the licenses mentioned in this Section shall be provided by Cabinet Order. | |
Section 9 Compensation, etc.(Consultation with the Culture Council)Article 71. The Commissioner of the Agency for Cultural Affairs shall, when fixing the amount of compensation mentioned in Article 33, paragraph (2) (including the case where its application mutatis mutandis is provided for under the provision of paragraph (4) of the same Article), Article 33bis, paragraph (2), Article 67, paragraph (1), Article 67bis, paragraph (4), Article 68, paragraph (1), and Article 69, consult with the Culture Council. |
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(Dissatisfaction with the amount of compensation fixed) Article 72. (1) The parties concerned who are dissatisfied with the amount of compensation fixed in accordance with the provision of Article 67, paragraph (1), Article 67bis, paragraph (4), Article 68, paragraph (1) or Article 69 may bring an action for an increase or decrease therein, within a period of six months from the date when they learned that a license had been issued or refused to issue under any of these provisions. |
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| (2) In an action mentioned in the preceding paragraph, the copyright owner shall be a defendant in the case where a person who brings the action is the user of the work, and the user of the work shall be a defendant in the case where a person who brings the action is the copyright owner. | |
(Limitations on objections to the amount of compensation fixed) Article 73. In an objection raised under the Administrative Dissatisfaction Inspection Law (Law No. 160, of 1962) to a license issued or refused under the provisions of Article 67, paragraph (1), Article 68, paragraph (1) or Article 69, the dissatisfaction with the amount of the compensation fixed shall not constitute a reason for this dissatisfaction with the issuance or refusal of the license, except in the case where a person who obtained or was refused a license mentioned in Article 67, paragraph (1) cannot bring an action mentioned in paragraph (1) of the preceding Article because the copyright owner is unknown or for other similar reasons. |
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(Deposit of compensation, etc.) Article 74. (1) A person who is liable to pay compensation mentioned in Article 33, paragraph (2) (including the case where its application mutatis mutandis is provided for under the provision of paragraph (4) of the same Article), Article 33bis, paragraph (2), Article 68, paragraph (1) or Article 69 shall deposit the compensation instead of paying that compensation, in any of the following cases: |
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| (i) where the copyright owner refuses to receive or cannot receive the compensation; | |
| (ii) where the copyright owner cannot be identified with no fault on the part of the above-mentioned person; | |
| (iii) where that person brings an action mentioned in Article 72, paragraph (1) with respect to the amount of the compensation; | |
| (iv) where the right of pledge has been established on the copyright (except in the case where the authorization is obtained from the pledgee). | |
| (2) In item (iii) of the preceding paragraph, a person who is liable to pay the compensation shall, at the request of the copyright owner, pay the sum according to his estimate and deposit the balance between his estimate and the amount of the compensation fixed. | |
| (3) The deposit of a compensation under the provisions of Article 67, paragraph (1), Article 67bis, paragraph (4) or the preceding two paragraphs or that of a security money under the provisions of Article 67bis, paragraph (1) shall be made at a deposit office conveniently near to the known domicile or residence of the copyright owner if he has such in this country or otherwise near to the domicile or the residence of the depositor. | |
| (4) The depositor mentioned in the preceding paragraph shall notify the copyright owner of that deposit, except in the case where he cannot notify him thereof because he is unknown or for other reasons. | |
Section 10 Registration(Registration of the true name)Article 75. (1) The author of an anonymous or pseudonymous work may have his true name registered with respect to that work, regardless of whether he actually owns the copyright therein. |
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| (2) The author may designate by his will a person who may have such name registered after the author's death as provided in the preceding paragraph. | |
| (3) A person whose true name has been registered shall be presumed to be the author of the work concerned. | |
(Registration of the date of the first publication, etc.) Article 76. (1) The copyright owner as well as the publisher of an anonymous or pseudonymous work may have the date of the first publication or of the first making public of his work registered. |
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| (2) Works as to which the date of the first publication or of the first making public is registered shall be presumed to have been first published or first made public on the date registered. | |
(Registration of the date of creation) Article 76bis. (1) The author of a program work may have the date of creation of his program work registered, provided that a period of six months has not passed after the creation of that work. |
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| (2) Program works as to which the date of creation is registered in accordance with the preceding paragraph shall be presumed to have been created on the date registered. | |
(Registration of copyright) Article 77. The following matters shall not be effective against any third party without registration thereof: |
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| (i) the transfer (except that by inheritance or other successions in general; the same shall apply in next item) or the alteration by trust of copyright or the restriction on the disposal of copyright; | |
| (ii) the establishment, transfer, alteration or expiry (except because of the merger of the right of pledge, or because of the expiry of copyright or the obligatory right secured), or the restriction on the disposal, of the right of pledge established on copyright. | |
(Procedures, etc. for registration) Article 78. (1) The registrations mentioned in Article 75, paragraph (1), Article 76, paragraph (1), Article 76bis, paragraph (1) and the preceding Article shall be made by the Commissioner of the Agency for Cultural Affairs by entering or recording them in the copyright register. |
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| (2) The copyright register may, as provided by Cabinet Order, be prepared in whole or in part by means of magnetic discs (including any similar material object capable of assuring records of given items; the same shall apply in paragraph (4)). | |
| (3) The Commissioner of the Agency for Cultural Affairs shall, when having made a registration mentioned in Article 75, paragraph (1), give public notice thereof in the Official Gazette. | |
| (4) Any person may demand of the Commissioner of the Agency for Cultural Affairs the delivery of a certified copy or a certified abstract of entries in the copyright register or a copy of its annexed documents, or the opportunity to inspect the register or its annexed documents, or the delivery of copies of entries in the part of the copyright register, prepared by means of magnetic discs. | |
| (5) A person making such demand shall pay a fee, the amount of which is fixed by Cabinet Order, taking into account actual cost. | |
| (6) The provision of the preceding paragraph shall not apply in the case where a person who shall pay a fee in accordance with the provision of that paragraph is the State, etc. | |
| (7) The provisions of Chapters II and III of the Administrative Procedures Law (Law No.88, of 1993) shall not apply to measures taken in connection with registrations mentioned in paragraph (1). | |
| (8) The provisions of the Government Organizations Information Disclosure Law shall not apply to entities in the copyright register and its annexed documents. | |
| (9) The provisions of Chapter IV of the Law for the Protection of Personal Information Possessed by Government Organizations (Law No.58, of 2003) shall not apply to government-possessed personal information ("government-possessed personal information" means such information as mentioned in Article 2, paragraph (3) of that Law recorded in the copyright register and its annexed documents. | |
| (10) Other than those provided for in this Section, necessary matters in connection with registrations mentioned in paragraph (1) shall be provided by Cabinet Order. | |
(Exceptional provision for the registration of program works) Article 78bis. Other than those provided for in this Section, matters relating to the registration of program works shall be provided by another law. |
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