(Establishment of the right of publication)
Article 79. (1) The owner of the right mentioned in Article 21 (hereinafter in this Chapter referred to as "the owner of reproduction right") may establish the right of publication in favour of a person who undertakes to publish the work in a writing or a printing. |
| (2) The owner of reproduction right may establish the right of publication only with the authorization of the pledgee if the right of pledge is established on the reproduction right. |
(Contents of the right of publication)
Article 80. (1) The owner of the right of publication shall, as stipulated in the contract of establishment, have the exclusive right to reproduce the original text of the work, on which the right of publication is established, in a writing or a printing by means of typography or other mechanical or chemical processes for the purpose of distribution. |
| (2) If the author of the work dies within the duration of the right of publication or, after three years have passed from the first publication following the establishment of the right of publication, unless otherwise stipulated in the contract of establishment, the owner of reproduction right may, notwithstanding the provision of the preceding paragraph, reproduce the work in a complete collection of works or other compilations comprising only the works of the same author. |
| (3) The owner of the right of publication may not authorize any third person to reproduce the work on which the right of publication is established. |
(Obligation of publication)
Article 81. Unless otherwise stipulated in the contract of establishment, the owner of the right of publication shall have the following obligations: |
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(i) to publish the work within a period of six months after the date when he received, from the owner of reproduction right, manuscripts or other originals or those corresponding thereto which are necessary for the reproduction of the work; and |
| (ii) to publish the work continuously in conformity with business practice. |
(Alterations, additions or deletions in works)
Article 82. (1) In the new reproduction made by the owner of the right of publication, the author may make alterations, additions or deletions in his work to the extent justified. |
| (2) Whenever intending to make a new reproduction of the work on which the right of publication is established, the owner of the right of publication shall notify the author thereof in advance. |
(Duration of the right of publication)
Article 83. (1) The duration of the right of publication shall be stipulated by the contract of establishment. |
| (2) The right of publication shall expire at the end of a period of three years from the first publication after the establishment of the right, unless otherwise stipulated in the contract of establishment. |
(Request to terminate the right of publication)
Article 84. (1) When the owner of the right of publication has not discharged his obligation mentioned in Article 81, item (i), the owner of reproduction right may terminate the right of publication by notifying the owner thereof. |
| (2) When the owner of the right of publication has not discharged his obligation mentioned in Article 81, item (ii), the owner of reproduction right may terminate the right of publication by notifying the owner thereof, provided that the owner of reproduction right has called upon the owner of the right of publication to discharge his obligation within a period exceeding three months, and that the owner of the right of publication has not discharged his obligation within that period. |
| (3) When the belief of the author who has the reproduction right in his work differs from the content of the work, he may terminate the right of publication by notifying the owner of the right of publication in order to halt forever the publication of the work, provided that he makes compensation in advance for damages usually caused to the owner of the right of publication by such termination. |
Article 85. Deleted. |
(Limitation on the right of publication)
Article 86. (1) The provisions of Article 30, paragraph (1) (except item (iii); the same shall apply in next paragraph), Article 31, paragraph (1), Article 32, Article 33, paragraph (1) (including the case where its application mutatis mutandis is provided for under the provision of paragraph (4) of the same Article), Article 33bis, paragraph (1), Article 34, paragraph (1),
Article 35, paragraph (1), Article 36, paragraph (1), Article 37, paragraphs (1) and (3), Article 37bis, Article 39, paragraph (1), Article 40, paragraphs (1) and (2), and Articles 41 to 42bis, and Articles 46 to 47bis shall apply mutatis mutandis to the reproduction of works on which the right of publication is established. In these cases, "the copyright owner" in Article 35, paragraph (1), Article 42, paragraph (1) and Article 47bis shall read "the owner of the right of publication". |
| (2) The distribution and the making available to the public of copies of works reproduced in accordance with the provisions of Article 30, paragraph (1), Article 31, paragraph (1), item (i), Article 33bis, paragraph (1), Article 35, paragraph (1), Article 37, paragraph (3), the first sentence of Article 37bis (in the case concerned with item (ii) of this Article, that item), Articles 41, to 42bis or Article 47bis which shall apply mutatis mutandis in the preceding paragraph, for purposes other than those mentioned in these provisions, shall be considered to constitute the reproduction as mentioned in Article 80, paragraph (1). |
(Transfer, etc. of the right of publication)
Article 87. The right of publication may be transferred or pledged only with the authorization of the owner of reproduction right. |
(Registration of the right of publication)
Article 88. (1) The following matters shall not be effective against any third party without the registration thereof: |
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(i) the establishment, transfer (except that by inheritance or other
successions in general; the same shall apply in the next item), alteration
or expiry (except because of the merger, or because of the expiry of the
reproduction right), or the restriction on the disposal of the right of
publication; |
| (ii) the establishment, transfer, alteration or expiry (except because
of the merger of the right of pledge, or because of the expiry of the right
of publication or the obligatory rights secured), or the restriction on
the disposal of the right of pledge established on the right of publication. |
| (2) The provision of Article 78 (except paragraph (3)) shall apply mutatis mutandis to the registration mentioned in the preceding paragraph. In this case, "the copyright register" in Article 78, paragraphs (1), (2), (4), (8) and (9) shall read "the register of the right of publication". |
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