Copyright Law of Japan

    Chapter II Rights of Authors

    Section 1 Works

    (Examples of Works)

     Article 10 (1) The following gives an illustrative example of what is meant, on the whole, by the term "works"as it is used in this Act:

      (i) novels, scenarios, articles, lectures, and other literary works;

      (ii) musical works;

      (iii) works of choreography and pantomime;

      (iv) paintings, woodblock prints, sculptures, and other works of fine art;

      (v) works of architecture;

      (vi) maps and other diagrammatic works of an academic nature, such as plans,charts, and models;

      (vii) cinematographic works;

      (viii) photographic works;

      (ix) works of computer programming.

     (2) News reports on current events and miscellaneous news articles that commu-nicate nothing further than the facts do not fall within the scope of works provided for in item (i) of the preceding paragraph.

     (3) Protection under this Act for a work set forth in paragraph (1), item (ix) does not extend to the programming language, coding conventions, or algorithms used to create the work. In this case, the meanings of these terms are as prescribed in the following items:

      (i) "programming language" means letters and other symbols used as a means of expressing a computer program and the systems for their use;

      (ii) "coding conventions" means special stipulations for the use of a program-ming language provided for in the preceding item in a specific computer program;

      (iii) "algorithm" means a procedure in a computer program, which consists of a set of instructions for the computer.

    (Derivative Works)

     Article 11 Protection of a derivative work under this Act does not affect the rights of the author of the original work.

    (Compilations)

     Article 12 (1)  A compilation (except a compilation that constitutes a database; the same applies hereinafter) that, by reason of the selection or arrangement of its contents, constitutes an intellectual creation is protected as a work.

     (2) The provisions of the preceding paragraph do not affect the rights of the au-thor of a work that forms part of a compilation as referred to in that paragraph.

    (Database Works)

     Article 12-2 (1) A database that, by reason of the selection or systematic con-struction of information contained therein, constitutes a creation is protected as a work.

     (2) The provisions of the preceding paragraph do not affect the rights of the au-thor of a work that forms part of a database as referred to in that paragraph.

    (Works Not Subject to Copyright)

     Article 13 The following works are not subject to the rights provided for in this Chapter:

      (i) the Constitution and other laws and regulations;

      (ii) notifications, instructions, circular notices, and other similar materials is-sued by a national or local government agency, an independent administrative agen-cy (meaning an incorporated administrative agency provided for in Article 2, para-graph (1) of the Act on General Rules for Independent Administrative Agencies (Act No. 103 of 1999); the same applies hereinafter), or a local independent admin-istrative agency (meaning a local incorporated administrative agency provided for in Article 2, paragraph (1) of the Local Independent Administrative Agencies Act (Act No. 118 of 2003); the same applies hereinafter);

      (iii) judgments, decisions, orders, and decrees of the courts, as well as rulings and decisions made by administrative agencies in proceedings of a quasi-judicial nature;

      (iv) translations and compilations of the materials listed in the preceding three items, which are made by a national or local government agency, independent ad-ministrative agency, or local independent administrative agency.

    Section 2 Authors

    (Presumption of Authorship)

     Article 14 The person whose name or appellation (hereinafter referred to as "true name"), or whose pen name, abbreviated name, or other substitute for the per-son's true name by which that person is commonly known (hereinafter referred to as a "pseudonym") is indicated as the name of the author in the customary manner on the original work or at the time that the work is made available or presented to the public is presumed to be the author of that work.

    (Authorship of a Work Made in the Course of Duty)

     Article 15  (1) For a work (except a work of computer programming) that an em-ployee of a corporation or other employers (hereinafter in this Article such a corpora-tion or other employers are referred to as a "corporation, etc.") makes in the course of duty at the initiative of the corporation, etc., and that the corporation, etc. makes public as a work of its own authorship, the author is the corporation, etc., so long as it is not stipulated otherwise in a contract, in employment rules, or elsewhere at the time the work is made.

     (2) For a work of computer programming that an employee of a corporation, etc. makes at the initiative of the corporation, etc. in the course of duty, the author is the corporation, etc., so long as it is not stipulated otherwise in a contract, in employment rules, or elsewhere at the time the work is made.

    (Authorship of a Cinematographic Work)

     Article 16 The author of a cinematographic work is the person that makes a creative contribution to the overall shaping of the work through responsibility for its production, direction, staging, filming, art direction, etc., other than the author of a novel, scenario, music, or other work that is adapted into or reproduced in the cine-matographic work; provided, however, that this does not apply if the provisions of the preceding Article apply.

    Section 3 The Substance of Rights

    Subsection 1 General Rules

    (Authors' Rights)

     Article 17 (1) The author of a work enjoys the rights provided for in paragraph

     (1) of the following Article; Article 19, paragraph (1); and Article 20, paragraph (1)(hereinafter referred to as the "moral rights of an author", as well as the rights pro-vided for in Articles 21 through 28 (hereinafter referred to as a "copyright".

     (2) Enjoyment of the moral rights of an author and of a copyright requires noformalities.

    Subsection 2 Moral Rights of Authors

    (Right to Make a Work Public)

     Article 18 (1) The author of a work not yet made public (this includes a work made public without the author's consent; the same applies hereinafter in this Article) has the right to make available or present that work to the public. The same applies to any derivative work derived from an original work that has not yet been made public.

     (2) In a case set forth in one of the following items, the author is presumed to consent to the action set forth in the relevant item:

      (i) the author transfers the copyright to a work not yet made public:making available or presenting the work to the public through the exercise of the copyright to the work;

      (ii) the author transfers the original of an artistic or photographic work not yet made public: presenting the work to the public through exhibiting the original;

      (iii) the copyright to an author's cinematographic work belongs to the producer of the cinematographic work pursuant to the provisions of Article 29 :making avail-able or presenting the work to the public through the exercise of the copyright to the work.

     (3) In a case set forth in one of the following items, the author is presumed to consent to the action set forth in the relevant item:

      (i) the author makes available a work not yet made public to an administrative organ (meaning an administrative organ provided for in Article 2, paragraph (1) of the Act on Access to Information Held by Administrative Organs (Act No. 42 of 1999; hereinafter referred to as "the Act on Access to Administrative Organs' Infor-mation")) (unless the author manifests an intention to the contrary by the time of the decision to disclose it under the provisions of Article 9, paragraph (1) of the Act on Access to Administrative Organs' Information): making available or presenting the work to the public by the head of the administrative organ, pursuant to the provisions of the Act on Access to Administrative Organs' Information (if historical public records and archives (meaning historical public records and archives pro-vided for in Article 2, paragraph (6) of the Public Records and Archives Manage-ment Act (Act No. 66 of 2009; hereinafter referred to as "the Public Records Man-agement Act"); the same applies hereinafter) pertaining to that work are transferred from the head of an administrative organ to the National Archives of Japan, etc. (meaning the National Archives of Japan, etc. provided for in Article 2, paragraph (3) of the Public Records Management Act; the same applies hereinafter)) pursuant to the provisions of Article 8, paragraph (1) of the Public Records Management Act (unless the author of the work manifests an intention to the contrary by the time of the decision to permit the use of that work under the provisions of Article 16, para-graph (1) of the Public Records Management Act), this includes making available or presenting the work to the public by the head of the National Archives of Japan, etc. (meaning the head of the National Archives of Japan, etc. provided for in Article 15, paragraph (1) of the Public Records Management Act; the same applies hereinaf-ter), pursuant to the provisions of Article 16, paragraph (1) of the Public Records Management Act);

      (ii) the author makes available a work not yet made public to an incorporated administrative agency, etc. (meaning an incorporated administrative agency, etc. provided for in Article 2, paragraph (1) of the Act on Access to Information Held by Incorporated Administrative Agencies (Act No. 140 of 2001; hereinafter referred to as "the Act on Access to Incorporated Administrative Agencies' Information"); the same applies hereinafter) (unless the author manifests an intention to the contrary by the time of the decision to disclose it under the provisions of Article 9, paragraph (1) of the Act on Access to Incorporated Administrative Agencies' Informa-tion): making available or presenting the work to the public by the incorporated administrative agency, etc., pursuant to the provisions of the Act on Access to In-corporated Administrative Agencies' Information (if historical public records and archives pertaining to that work are transferred from that incorporated administra-tive agency, etc. to the National Archives of Japan, etc. pursuant to the provisions of Article 11, paragraph (4) of the Public Records Management Act (unless the au-thor of the work manifests an intention to the contrary by the time of the decision to permit the use of that work under the provisions of Article 16, paragraph (1) of the Public Records Management Act), this includes making available or presenting the work to the public by the head of the National Archives of Japan, etc., pursuant to the provisions of Article 16, paragraph (1) of the Public Records Management Act);

      (iii) the author makes available a work not yet made public to a local govern-ment agency or local incorporated administrative agency (unless the author mani-fests an intention to the contrary by the time of a decision to make a disclo-sure): making available or presenting the work to the public by an organ of the relevant local government agency or the relevant local incorporated administrative agency, pursuant to the provisions of information disclosure ordinance (meaning local government agency ordinance prescribing the right of a resident, etc. to re-quest that local government agency or a local incorporated administrative agency to disclose the information it holds; the same applies hereinafter) (if historical pub-lic records and archives pertaining to that work are transferred from the local gov-ernment agency or local incorporated administrative agency to the local archives, etc. (meaning facilities provided for by public records management ordinance (meaning local government agency ordinance prescribing the appropriate preserva-tion and use of historical public records held by that local government agency or by a local incorporated administrative agency; the same applies hereinafter) as facili-ties for the appropriate preservation and use of historical public records and ar-chives; the same applies hereinafter) pursuant to Public Records Management Or-dinance (unless the author of that work manifests an intention to the contrary by the time of the decision to permit the use of the work under the provisions of public records management ordinance (limited to provisions equivalent to the provisions of Article 16, paragraph (1) of the Public Records Management Act; the same ap-plies hereinafter in this Article), this includes making available or presenting the work to the public by the head of the local archives, etc. (meaning the head of the local government agency to which the local archives, etc. belongs, if the local ar-chives, etc. are the facility of a local government agency facility; or the local incor-porated administrative agency by which the local archives, etc. was established, if the local archives, etc. are the facility of a local incorporated administrative agency; the same applies hereinafter), pursuant to the provisions of public records manage-ment ordinance);

      (iv) the author makes available a work not yet made public to the National Ar-chives of Japan, etc. (unless the author manifests an intention to the contrary by the time of the decision to permit the use of that work under the provisions of Article 16, paragraph (1) of the Public Records Management Act): making available or presenting the work to the public by the head of the National Archives of Japan, etc. pursuant to the provisions of Article 16, paragraph (1) of the Public Records Man-agement Act;

      (v) the author makes available a work not yet made public to the local archives, etc. (unless the author manifests an intention to the contrary by the time of the decision to permit the use of that work under the provisions of public records man-agement ordinance):making available or presenting the work to the public by the head of the local archives, etc. pursuant to the provisions of public records manage-ment ordinance.

     (4) The provisions of paragraph (1) do not apply in any of the following cases:

      (i) a work not yet made public in which information provided for in Article 5,item (i), (b) or (c) or the proviso to Article 5, item (ii) of the Act on Access to Ad-ministrative Organs' Information has been recorded is made available or presented to the public by the head of an administrative organ pursuant to the provisions of that Article, or a work not yet made public is made available or presented to the public by the head of an administrative organ pursuant to the provisions of Article 7 of the Act on Access to Administrative Organs' Information;

      (ii) a work not yet made public in which information provided for in Article 5, item (i), (b) or (c) or the proviso to Article 5, item (ii) of the Act on Access to Incor-porated Administrative Agencies' Information has been recorded is made available or presented to the public by an incorporated administrative agency, etc. pursuant to the provisions of that Article, or a work not yet made public is made available or presented to the public by an incorporated administrative agency, etc. pursuant to the provisions of Article 7 of the Act on Access to Incorporated Administrative Agencies' Information;

      (iii) a work not yet made public (limited to a work in which information equiv-alent to that provided for in Article 5, item (i), (b) or the proviso to Article 5, item (ii) of the Act on Access to Administrative Organs' Information has been recorded) is made available or presented to the public by a local government agency or by a local incorporated administrative agency pursuant to the provisions of information disclosure ordinance (limited to those with provisions equivalent to Article 13, par-agraphs (2) and (3) of the Act on Access to Administrative Organs' Information; the same applies in item (v));

      (iv) a work not yet made public (limited to a work in which information equiv-alent to that provided for in Article 5, item (i), (c) of the Act on Access to Adminis-trative Organs' Information has been recorded) is made available or presented to the public by a local government agency or by a local incorporated administrative agency pursuant to the provisions of the Information Disclosure Regulations;

      (v) a work not yet made public is made available or presented to the public by a local government agency or by a local incorporated administrative agency pursu-ant to the provisions of information disclosure ordinance that are equivalent to the provisions of Article 7 of the Act on Access to Administrative Organs' Information;

      (vi) a work not yet made public in which information provided for in Article 5,item (i), (b) or (c) or the proviso to Article 5, item (ii) of the Act on Access to Ad-ministrative Organs' Information or information provided for in Article 5, item (i), (b) or (c) or the proviso to Article 5, item (ii) of the Act on Access to Incorporated Administrative Agencies'Information has been recorded is made available or pre-sented to the public by the head of the National Archives of Japan, etc. pursuant to the provisions of Article 16, paragraph (1) the Public Records Management Act;

      (vii) a work not yet made public (limited to a work in which information equiv- alent to that provided for in Article 5, item (i), (b) or the proviso to Article 5, item (ii) of the Act on Access to Administrative Organs’ Information has been recorded) is made available or presented to the public by the head of the local archives, etc. pursuant to the provisions of public records management ordinance (limited to or- dinance with provisions equivalent to Article 18, paragraphs (2) and (4) of the Pub- lic Records Management Act);

      (viii) a work not yet made public (limited to a work in which information equiv- alent to that provided for in Article 5, item (i), (c) of the Act on Access to Adminis- trative Organs’ Information has been recorded) is made available or presented to the public by the head of the local archives, etc. pursuant to the provisions of public records management ordinance.

    (Right of Attribution)

     Article 19 (1) The author of a work has the right to decide whether to use the author's true name or pseudonym to indicate the name of the author on the original work or in connection with the work at the time it is made available or presented to the public, or to decide that the author's name will not be indicated in connection with that work. The same applies with regard to how the name of the author of the original work appears at the time any derivative work derived from it is made available or presented to the public.

     (2) Unless the author has manifested a different intention, a person exploiting a work may indicate the name of the author in accordance with how the author has al-ready done so in connection with the work.

     (3) The name of the author may be omitted if it is found that doing so is unlikely to harm the interests of the author in a claim to authorship, in light of the purpose of the work and the circumstances of its exploitation, provided that the omission is com-patible with fair practices.

     (4) The provisions of paragraph (1) do not apply in any of the following cases:

      (i) the work is made available or presented to the public by the head of an ad-ministrative organ or by an incorporated administrative agency, etc., a local govern-ment agency, or a local incorporated administrative agency pursuant to the provi-sions of the Act on Access to Administrative Organs' Information, the Act on Access to Incorporated Administrative Agencies' Information, or information disclosure ordinance, and the name of the author is indicated in accordance with how the au-thor has already done so on that work;

      (ii) the work is made available or presented to the public by the head of an ad-ministrative organ or by an incorporated administrative agency, etc., a local govern-ment agency, or a local incorporated administrative agency pursuant to the provi-sions of Article 6, paragraph (2) of the Act on Access to Administrative Organs'Information, the provisions of Article 6, paragraph (2) of the Act on Access to Incor-porated Administrative Agencies'Information, or the provisions of information dis-closure ordinance that are equivalent to the provisions of Article 6, paragraph (2) of the Act on Access to Administrative Organs'Information, and it is a case in which the name of the author is to be omitted;

      (iii) the work is made available or presented to the public by the head of the National Archives of Japan, etc. or the head of the local archives, etc. pursuant to the provisions of Article 16, paragraph (1) of the Public Records Management Act or the provisions of public records management ordinance (limited to provisions equivalent to the relevant paragraph of the Public Records Management Act) and the name of the author is indicated in accordance with how the author has already done so on that work.

    (Right to Integrity)

     Article 20  (1) The author of a work has the right to preserve the integrity of that work and its title, and is not to be made to suffer any alteration, cut, or other modification thereto that is contrary to the author's intention.

     (2) The provisions of the preceding paragraph do not apply to the following mod-ifications:

      (i) the alteration of a written character or word, or any other modification made to a work when it is exploited pursuant to the provisions of Article 33, paragraph(1)(including when these apply mutatis mutandis pursuant to paragraph (4) of that Article), Article 33-2, paragraph (1), or Article 34, paragraph (1), which is found to be unavoidable for the purpose of school education;

      (ii) the modification of an architectural work by means of extension, rebuild-ing, repair, or remodeling;

      (iii) the necessary modifications to make it so that a work of computer pro-gramming that otherwise cannot be executed on a particular computer can be exe-cuted on that computer, or to make it so that a work of computer programming can be executed more effectively on a computer;

      (iv) a modification other than as set forth in the preceding three items, which is found to be unavoidable in light of the nature of the work and the purpose and cir-cumstances of its exploitation.

    Subsection 3 Categories of Rights Comprising Copyright

    (Right of Reproduction)

     Article 21 The author of a work has the exclusive right to reproduce the work.

    (Stage Performance Rights and Musical Performance Rights)

     Article 22 The author of a work has the exclusive right to give a stage perfor-mance or musical performance of the work with the purpose of having it seen or heard directly by the public (hereinafter referred to as "publicly").

    (Right of On-Screen Presentation)

     Article 22-2 The author of a work has the exclusive right to publicly present a work via an on-screen presentation.

    (Right to Transmit to the Public)

     Article 23  (1) The author of a work has the exclusive right to transmit to the public that work (this includes the right to make the work available for transmission, if the work is to be transmitted to the public via automatic public transmission).

     (2) The author of a work that will be transmitted to the public has the exclusive right to publicly communicate that work through a receiver.

    (Recitation Rights)

     Article 24 The author of a literary work has the exclusive right to recite that work publicly.

    (Exhibition Rights)

     Article 25 The author of an artistic work or of an unpublished photographic work has the exclusive right to publicly exhibit the original work.

    (Distribution Rights)

     Article 26 (1) The author of a cinematographic work has the exclusive right to distribute copies of that cinematographic work.

     (2) The author of a work that is reproduced in a cinematographic work has the exclusive right to distribute that work in copies of the cinematographic work.

    (Right of Transfer)

     Article 26-2  (1) The author of a work (except a cinematographic work; the same applies hereinafter in this Article) has the exclusive right to make that work available to the public through the transfer of the original work or a copy of the work (if the work is one that has been reproduced in a cinematographic work, this excludes making that work available to the public through the transfer of a copy of the cine-matographic work; the same applies hereinafter in this Article).

     (2) The provisions of the preceding paragraph do not apply if a work is made available to the public through the transfer of an original or copy that falls under a category provided for in one of the following items:

      (i) an original work or a copy of a work that is transferred to the public by the person that owns the right provided for in the preceding paragraph or a person au-thorized thereby;

      (ii) a copy of a work that is transferred to the public based on a compulsory li-cense under the provisions of Article 67, paragraph (1) or Article 69, or a license under the provisions of Article 5, paragraph (1) of the Act on Special Provisions of the Copyright Act, Required in Consequence of the Enforcement of the Universal Copyright Convention (Act No. 86 of 1956);

      (iii) a copy of a work that is transferred to the public based on the application of the provisions of Article 67-2, paragraph (1);

      (iv) an original work or a copy of a work that is transferred to exclusive groups made up of a few persons by the person that owns the right provided for in the preceding paragraph or by a person authorized thereby;

      (v) an original work or a copy of a work that is transferred abroad without prejudice to any right equivalent to the right set forth in the preceding paragraph, or that is transferred abroad by the person that owns any right equivalent to the right set forth in that paragraph or a person authorized thereby.

    (Right to Rent Out)

     Article 26-3 The author of a work (except a cinematographic work) has the ex-clusive right to make that work available to the public by renting out copies of the work (if the work is one that has been reproduced in a cinematographic work, this excludes making that work available to the public by renting out copies of the cine-matographic work).

    (Translation Rights, Adaptation Rights, and Other Rights)

     Article 27 The author of a work has the exclusive right to translate that work, compose a musical arrangement of it, reformulate it, dramatize it, make a cine-matographic adaptation of it, or otherwise adapt the work.

    (Rights of the Original Author in Connection with the Exploitation of a Derivative Work)

     Article 28 The author of the original work underlying a derivative work holds exclusive rights in the same categories as the rights prescribed in this Subsection that the author of the derivative work holds in connection with the exploitation of that derivative work.

    Subsection 4 Ownership of Copyright to Cinematographic Works

    Article 29 (1)  If the author of a cinematographic work (excluding a cine-matographic work to which the provisions of Article 15, paragraph (1), the following paragraph, or paragraph (3) of this Article apply) has promised the producer of the cinematographic work that the author will participate in its production, the copyright to that cinematographic work belongs to the producer of the cinematographic work.

     (2) Among the rights in the copyright to a cinematographic work (excluding a cinematographic work to which the provisions of Article 15, paragraph (1) apply) that a broadcaster produces solely as a practical means of broadcasting, the following rights belong to that broadcaster as the producer of the cinematographic work:

      (i) the right to broadcast the work, and the right to cablecast the broadcast work, transmit the broadcast work via automatic public transmission (this includes the automatic public transmission of a broadcast work that is made available for transmission by the data for it being input to an automatic public transmission serv-er that is connected to a public telecommunications network), and publicly com-municate the broadcast work through a receiver;

      (ii) the right to reproduce the work and to distribute copies of it to other broad-casters.

     (3) Among the rights in the copyright to a cinematographic work (excluding a cinematographic work to which the provisions of Article 15, paragraph (1) apply) that a cablecaster produces solely as a practical means of cablecasting, the following rights belong to the cablecaster as the producer of the cinematographic work:

      (i) the right to cablecast the work and to publicly communicate the cablecast work through a receiver;

      (ii) the right to reproduce the work and to distribute copies of it to other cable-casters.

    Subsection 5 Limitations of Copyright

    (Reproduction for Private Use)

     Article 30  (1) Except in the following cases, a user may reproduce a work that is subject to copyright (hereinafter in this Subsection referred to as a "work") if the reproduction is for personal or family use or for any other use of a similarly limited scope (hereinafter referred to as "private use"):

      (i) a user reproduces a work by means of an automated duplicator (meaning a device with a function for making reproductions, all or most of whose instruments for making the reproductions are automated) that has been set up for use by the public;

      (ii) the reproduction of the work has become possible due to the circumvention of technological protection measures (meaning that the removal or alteration (ex-cluding removal or alteration due to technological constraints accompanying the conversion of recording or transmission systems) of the signals provided for in Article 2, paragraph (1), item (xx) or the restoration of sounds or images of a work, performance, phonogram or broadcast or cablecast which has been converted so as to necessitate a specific conversion as prescribed in that item (other than a res-toration made based on the intentions of the person that owns the copyright, etc.) makes it possible to take an action that the technological protection measures pre-vent or makes it so that a barrier no longer arises as a result of an action that the technological protection measures deter; the same applies in Article 120-2, items (i) and (ii)) or a barrier to reproduction of the work no longer arises as a result of that circumvention, and the user reproduces the work in the knowledge of this fact;

      (iii) the work is received via an automatic public transmission that infringes a copyright (including an automatic public transmission that is transmitted abroad and that would constitute a copyright infringement if it were transmitted in Japan), and the user records the sounds or visuals of the work in digital format, in the knowledge of this fact.

     (2) A person who, for private use, records the sound or visuals of a work in a digital format, on a digital sound or visual recording medium that is provided for by Cabinet Order, by means of a machine with digital sound or visual recording functions (excluding a machine with special performance capabilities for use in the broadcast-ing business or other special performance capabilities that are generally not offered for private use, and also excluding a telephone with a sound recording function or any other machine with sound or visual recording functions incidental to its primary func-tion) which is provided for by Cabinet Order must pay a reasonable amount of com-pensation to the copyright owner.

    (Exploitation of Incidentally Captured Works)

     Article 30-2  (1) When a work is created by means of photography or by means of the recording of sounds or visuals (hereinafter in this paragraph, referred to as "pho-tography or recording"; hereinafter in this Article, a work created by means of pho-tography or recording is referred to as a "photographic or recorded work"), any other work comprising objects or sounds that are captured incidentally because it is diffi-cult to separate them from the objects or sounds being captured during the photogra-phy or recording by which the photographic or recorded work is created (but only another work that constitutes a minor part of the relevant photographic or recorded work; hereinafter in this Article referred to as an "incidentally captured work") may be reproduced in the creation of that photographic or recorded work; provided, how-ever, that this does not apply if the action would unreasonably prejudice the interests of the copyright owner in light of the nature or purpose of the incidentally captured work or the circumstances of its reproduction.

     (2) An incidentally captured work reproduced pursuant to the provisions of the preceding paragraph may be exploited, in any way, in connection with the exploita-tion of the photographic or recorded work provided for in that paragraph; provided, however, that this does not apply if the action would unreasonably prejudice the in-terests of the copyright owner in the light of the nature or purpose of the incidentally captured work or the circumstances of its exploitation.

    (Exploiting a Work as Part of the Investigation Process)

     Article 30-3 A person seeking to exploit a work with the authorization of its copyright owner or after obtaining a compulsory license under the provisions of Arti-cle 67, paragraph (1); Article 68, paragraph (1); or Article 69 may exploit that work, in any way and to the extent considered necessary, if the purpose of doing so is part of the process by which the person is investigating the exploitation of that work through authorization or a compulsory license (inclusive of the process for obtaining the au-thorization or compulsory license); provided, however, that this does not apply if the action would unreasonably prejudice the interests of the copyright owner in light of the nature or purpose of the work or the circumstances of its exploitation.

    (Exploitation without the Purpose of Enjoying the Thoughts or Sentiments Expressed in a Work)

     Article 30-4 It is permissible to exploit a work, in any way and to the extent considered necessary, in any of the following cases, or in any other case in which it is not a person's purpose to personally enjoy or cause another person to enjoy the thoughts or sentiments expressed in that work; provided, however, that this does not apply if the action would unreasonably prejudice the interests of the copyright owner in light of the nature or purpose of the work or the circumstances of its exploitation:

      (i) if it is done for use in testing to develop or put into practical use technology that is connected with the recording of sounds or visuals of a work or other such exploitation;

      (ii) if it is done for use in data analysis (meaning the extraction, comparison,classification, or other statistical analysis of the constituent language, sounds, im-ages, or other elemental data from a large number of works or a large volume of other such data; the same applies in Article 47-5, paragraph (1), item (ii));

      (iii) if it is exploited in the course of computer data processing or otherwise exploited in a way that does not involve what is expressed in the work being per-ceived by the human senses (for works of computer programming, such exploita-tion excludes the execution of the work on a computer), beyond as set forth in the preceding two items.

    (Reproduction in Libraries and Similar Facilities; Related Matters)

     Article 31 (1) In the following cases and as part of non-commercial undertak-ings at the National Diet Library or at a library or other facility specified by Cabinet Order whose purpose is to offer books, records, and other materials for the public to use (hereinafter referred to as a "library or similar facility" in this paragraph and par-agraph (3)), it is permissible for a person to reproduce a work from a book, record, or other material of the library or similar facility (hereinafter referred to in this Article as a "library material"):

      (i) when providing a single user of the library or similar facility with a single copy of a part of a work that has been made public (or the whole of a work that has been made public, if it is an individual work that has been printed in a periodical and a considerable period of time has elapsed since its publication; the same ap-plies in paragraph (3)) in response to the user's request and for the purpose of the user's research or studies;

      (ii) when necessary for the purpose of preserving library materials;

      (iii) when providing a copy of a library material that is difficult to obtain through normal trade channels because it is out of print or for a similar reason (hereinafter referred to as a "rare or out-of-print material" in this Article), in re-sponse to a request from another library or similar facility.

     (2) In addition to the cases set forth in the items of the preceding paragraph, if,either in order to prevent the loss, damage, or defacement of the original copy of a library material that the National Diet Library offers to the public, or in order to use a work that is associated with a rare or out-of-print material in an automatic public transmission (this includes making such a work available for transmission; the same applies in the following paragraph) pursuant to the provisions of the following para-graph, an electronic or magnetic record (meaning a record used in computer data processing that is created in an electronic format, magnetic format, or other format that cannot be perceived with the human senses alone; the same applies hereinafter) is created at the National Diet Library so that it can be offered for public use in place of the original, it is permissible for a person to record a work that is among the library materials of the National Diet Library onto a recording medium, to the extent consid-ered necessary.

     (3) The National Diet Library may transmit a work that is associated with a rare or out-of-print material via automatic public transmission using a copy of that work that it has recorded onto a recording medium pursuant to the preceding paragraph, if the purpose of the transmission is to present the work to the public in a library or similar facility, or in a similar foreign facility as designated by Cabinet Order. In such a case, the library or similar facility may, as part of its non-commercial undertakings, create a partial copy of a work that is being transmitted via automatic public transmis-sion, in order to provide its users, upon request, with one such copy per person for use in their research or studies.

    (Quotation)

     Article 32 (1) It is permissible to quote and thereby exploit a work that has been made public. In such a case, the work must be quoted consistent with fair prac-tices and within a scope that is justified for the purpose of news reporting, critique, study, or other place in which the work is quoted.

     (2) It is permissible for public relations materials, research or statistical materi-als, reports, and other similar works, which have been prepared by a national or local government agency, incorporated administrative agency, or local incorporated admin-istrative agency with the goal of making them widely known to the general public, and have been made public under the authorship of such agency, to be reprinted as ex-planatory materials in a newspaper, magazine, or other printed publication; provided, however, that this does not apply if it is expressly indicated that this is prohibited.

    (Printing of Works in Textbooks)

     Article 33 (1) It is permissible to print a work that has been made public in a textbook (meaning a textbook authorized by the Minister of Education, Culture, Sports, Science and Technology or a textbook under the authorship of the Ministry of Education, Culture, Sports, Science and Technology that is used to educate children or students in primary schools, secondary schools, schools for compulsory education, junior or senior high schools, or other similar schools; the same applies hereinafter), to the extent that this is found to be necessary for the purpose of school education.

     (2) A person that prints a work in a textbook pursuant to the provisions of the preceding paragraph must inform the author of this and pay compensation to the copyright owner in the amount established annually by the Commissioner of the Agency for Cultural Affairs in consideration of the purport of the provisions of the preceding paragraph, the nature and purpose of the work, the ordinary rate of royal-ties, and other conditions.

     (3) When the Commissioner of the Agency for Cultural Affairs has established the amount referred to in the preceding paragraph, the commissioner announces this in the Official Gazette.

     (4) The provisions of the preceding three paragraphs apply mutatis mutandis to the reproduction of works in textbooks intended for use in high school correspond-ence courses (including correspondence courses for the upper-class levels of a school for secondary education) and in the teachers' manuals for textbooks (limited to teachers' manuals published by the person publishing the textbooks).

    (Reproduction in Order to Prepare a Large-Print Textbook)

     Article 33-2 (1) In order to make a work printed in a textbook available for the leaning purposes of children or students who have difficulty using such a work print-ed in a textbook due to a visual impairment, developmental disorder, or other disabil-ities, it is permissible to reproduce the work with enlarged letters, illustrations and the like, or by any other means necessary for those children or students to use that work.

     (2) A person that seeks to prepare textbooks or any other copies in which works are reproduced pursuant to the provisions of the preceding paragraph (excluding cop-ies in which the works are reproduced in Braille, and limited to copies in which all of or a considerable part of the works printed in the relevant textbook are reproduced; hereinafter in this paragraph referred to as a "large-print textbook, etc." must inform the person that publishes the relevant textbook of this in advance; and, if the person distributes the large-print textbooks, etc. commercially, the person must pay the own-ers of the copyrights to the relevant works compensation in the amount decided an-nually by the Commissioner of the Agency for Cultural Affairs in proportion to the amount of compensation provided for in paragraph (2) of the preceding Article.

     (3) When the Commissioner of the Agency for Cultural Affairs has established the amount referred to in the preceding paragraph, the commissioner announces this in the Official Gazette.

     (4) A person that provides electronic or magnetic records of the works printed in a textbook pursuant to the provisions of Article 5, paragraph (1) or (2) of the Act to Accelerate the Dissemination of School Textbooks for Children and Students with Disabilities (Act No. 81 of 2008) may exploit those works, to the extent that is found to be necessary in order for the person to provide those electronic or magnetic re-cords.

    (Broadcasting of Educational Programming for Schools)

     Article 34  (1) It is permissible for a person to broadcast or cablecast a work that has been made public, in broadcast or cablecast programming for schools that conforms to the curriculum standards provided for in laws and regulations on school education; or to receive the broadcast transmission of such programming and simul-taneously transmit it via automatic public transmission (this includes the automatic public transmission of programming that has been made available for transmission by the data for it being input to an automatic public transmission server that is connect-ed with a public telecommunications network) with the objective of allowing an ex-clusive audience within the service area that the programming is intended for (mean-ing a service area as provided in Article 91, paragraph (2), item (ii) of the Broadcast Act (Act No. 132 of 1950) or, if a service area is not specified for the broadcast, mean-ing a broadcast area as provided in Article 14, paragraph (3), item (ii) of the Wireless Telegraphy Act (Act No. 131 of 1950); the same applies hereinafter) to receive it; and to print such a work in teaching materials for that broadcast programming or cable-cast programming, to the extent that this is found to be necessary for the purpose of school education.

     (2) A person that exploits a work pursuant to the provisions of the preceding paragraph must inform the author of this and pay the copyright owner a reasonable amount of compensation.

    (Reproduction in Schools and Other Educational Institutions; Related Mat-ters)

     Article 35 (1) A person in charge of teaching or a person taking classes at a school or other educational institution (except one founded for commercial purpos-es) may reproduce a work that has been made public to the extent that is found to be necessary if the purpose of doing so is use in the course of those classes; provided, however, that this does not apply if the action would unreasonably prejudice the in-terests of the copyright owner in light of the nature or purpose of the work, the num-ber of copies that would be made, or the circumstances of its reproduction.

     (2) If, in the course of the classes at an educational institution referred to in the preceding paragraph, the original or copies of a work that has been made public are made available or presented to persons who directly attend a class and thus exploit-ed, or if such a work is exploited through a stage performance, musical performance, on-screen presentation, or recitation for such persons pursuant to the provisions of Article 38, paragraph (1), it is permissible to transmit these to the public (and also to make them available for transmission, if they are to be transmitted to the public via automatic public transmission) for any persons who are taking that class simultane-ously at a place other than that where the class is being held; provided, however, that this does not apply if the action would unreasonably prejudice the interests of the copyright owner in light of the nature or purpose of the work or the circumstances of its transmission.

    (Reproduction as Examination Questions; Related Matters)

     Article 36 (1) It is permissible to reproduce a work that has been made public as a question on an entrance examination or other examination or in an official certi-fication of knowledge or skills, to the extent that this is found to be necessary for such purpose, and to transmit to the public such a question (except in a broadcast or cable-cast; however, it is permissible to make such a question available for transmission, if it is to be transmitted to the public via automatic public transmission; the same ap-plies in following paragraph); provided, however, that this does not apply if the action would unreasonably prejudice the interests of the copyright owner in light of the na-ture or purpose of the work or the circumstances of its transmission.

     (2) A person that reproduces a work or transmits a work to the public for com-mercial purposes must pay the copyright owner compensation in an amount that cor-responds to the ordinary rate of royalties.

    (Reproduction for Persons with Visual and Vision-Related Impairments; Re-lated Matters)

     Article 37 (1) It is permissible to reproduce in Braille a work that has been made public.

     (2) It is permissible to use a computerized Braille processing system to record a work that has been made public onto a recording medium or transmit to the public such a work (except in a broadcast or cablecast; however, it is permissible to make the work available for transmission, if it is to be transmitted to the public via automat-ic public transmission; the same applies in the following paragraph).

     (3) A person set forth by Cabinet Order that engages in an undertaking related to the welfare of persons for whom it is difficult to perceive visual renderings due to a visual or other impairment (hereinafter in this paragraph and in Article 102, paragraph (4) any such person is referred to as a "person with a visual or vision-related impair-ment") may reproduce a work that has been made public and that is made available or presented to the public in a rendered form that is perceived visually (including a work that has been made public and that is made available or presented to the public in a form that is perceived both visually and through other senses) (including a work oth-er than the work in question which is reproduced therein or which is made available or presented to the public in a body united with the former work; hereinafter in this paragraph and in Article 102, paragraph (4) referred to as a "visual work", and may transmit such a visual work to the public by changing texts in the visual work into sounds or in any other form that is necessary to allow the visual work to be used by persons with visual and vision-related impairments who have difficulty in using that visual work in its visual form, within the limits that are found to be necessary in order to provide the visual work for their exclusive use; provided, however, that this does not apply if the visual work has already been made available or presented to the pub-lic in such a form by the copyright owner, a person authorized thereby, a person in favor of whom the print rights set forth in Article 79 have been established, a person authorized thereby to reproduce the visual work, or a person authorized thereby to transmit the visual work to the public.

    (Reproduction for Persons with Hearing Impairments; Related Matters)

     Article 37-2 The person set forth by Cabinet Order for each type of exploitation set forth in the following items that engages in an undertaking related to the welfare of persons with hearing impairments and other persons whose perception of aural renderings is impaired (hereinafter in this Article and in paragraph (5) of following Article referred to as "persons with hearing impairments, etc.") may exploit a work that has been made public and that is made available or presented to the public in a rendered form that is perceived aurally (including a work that has been made public and that is made available or presented to the public in a form that is perceived aural-ly and through other senses) (including a work other than the work in question which is reproduced therein, or which is made available or presented to the public in a body united with the former work; hereinafter in this Article referred to as an "aural work"), in the way set forth in the relevant item, within the limits that are found to be neces-sary in order to provide the aural work for exclusive use by persons with hearing im-pairments, etc. who have difficulty in using that aural work in its aural form; provided, however, that this does not apply if the aural work has already been made available or presented to the public in the necessary form for persons with hearing impairments, etc. to be able to use it, by the copyright owner, a person authorized thereby, a person in favor of whom the print rights set forth in Article 79 have been established, a per-son authorized thereby to reproduce the visual work, or a person authorized thereby to transmit the visual work to the public:

      (i) reproducing an aural work or transmitting it via automatic public transmis-sion (this includes making it available for transmission) by changing sounds in the aural work into texts or in any other form that is necessary to allow the work to be used by persons with hearing impairments, etc.;

      (ii) reproducing an aural work solely for the purpose of renting it to persons with hearing impairments, etc. (limited to when this is done in conjunction with the reproduction of the sounds in the aural work by changing the sounds into texts or in any other form that is necessary to allow the aural work to be used by persons with hearing impairments, etc.).

    (Stage Performances for Non-Commercial Purposes)

     Article 38  (1) It is permissible to publicly give a stage performance or a musi-cal performance, make an on-screen presentation, or give a recitation of a work that has been made public, if this is done for non-commercial purposes and without charg-ing a fee to the listening or viewing audience (a fee meaning anything of value re-ceived in exchange for making available or presenting the work to the public, regard-less of what it is called; the same applies hereinafter in this Article); provided, however, that this does not apply if a performer or reciter is paid any remuneration for the stage performance, musical performance, on-screen presentation, or recitation.

     (2) It is permissible to cablecast a broadcast work or to transmit such a work via automatic public transmission (this includes the automatic public transmission of a broadcast work that is made available for transmission by the data for it being input to an automatic public transmission server that is connected with a public telecom-munications network) for non-commercial purposes and without charging a fee to the listening or viewing audience, with the objective of allowing an exclusive audience within the service area that the broadcast is intended for to receive that broadcast.

     (3) It is permissible to publicly communicate a broadcast or cablecast work (in-cluding a broadcast work that is transmitted via automatic public transmission) through a receiver for non-commercial purposes and without charging a fee to the listening or viewing audience. The same applies if the work is communicated publicly through a receiver commonly used in a household.

     (4) It is permissible to make available to the public a work that has been made public (except a cinematographic work) by renting out copies of that work (if the work is one that has been reproduced in a cinematographic work, this excludes mak-ing that work available to the public by renting out copies of the cinematographic work), if this is done for non-commercial purposes and without charging a fee to persons renting copies of the work.

     (5) An audiovisual education facility or any other facility (excluding one set in place for commercial purposes), designated by Cabinet Order, that aims to offer cine-matographic films and other audiovisual materials for public use, or a person, provid-ed for by Cabinet Order as referred to in the preceding Article, that is engaged in an undertaking related to the welfare of persons with hearing impairments, etc. (limited to a person concerned with item (ii) of that Article, and excluding a person that engag-es in that undertaking for commercial purposes) may distribute a cinematographic work that has been made public, by renting out copies of it, if it does so without charging a fee to the persons renting copies of the work. In this case, the person dis-tributing the work must pay a reasonable amount of compensation to the owner of the right set forth in Article 26 (including paying such compensation to the person that, pursuant to the provisions of Article 28, owns the same right to the relevant work as the right set forth in Article 26) for the cinematographic work or the work reproduced in that cinematographic work.

    (Reprinting of Editorial Commentary on Current Affairs)

     Article 39 (1) It is permissible for a person to reprint, in another newspaper or magazine, editorial commentary (excluding that of an academic nature) on political, economic, or social current affairs that has been printed and published in a newspa-per or magazine; or to broadcast or cablecast such commentary, or to receive the broadcast transmission of such commentary and simultaneously transmit it via auto-matic public transmission (this includes the automatic public transmission of a broad-cast that is made available for transmission by the data for it being input to an auto-matic public transmission server that is connected with a public telecommunications network) with the objective of allowing an exclusive audience within the service area that the broadcast is intended for to receive it; provided, however, that this does not apply if it is expressly indicated that such use is prohibited.

     (2) It is permissible to publicly communicate commentary that is broadcast, ca-blecast, or transmitted via automatic public transmission, pursuant to the provisions of the preceding paragraph, through a receiver.

    (Exploitation of Political Speeches)

     Article 40 (1) It is permissible to exploit a political speech or statement deliv-ered in public or a public statement given in the course of judicial proceedings (in-cluding one given in the course of a hearing by an administrative agency or other proceedings equivalent to a trial; the same applies in Article 42, paragraph (1)), in any way, except for by making a compilation of speeches or statements by the same au-thor.

     (2) If it is found to be justified for the purpose of news reporting, it is permissible for a person to print a speech or statement that has been delivered in public by a na-tional or local government agency, incorporated administrative agency, or local incor-porated administrative agency, other than one under the provisions of the preceding paragraph, in a newspaper or magazine; or to broadcast or cablecast such a speech or statement, or to receive the broadcast transmission of such a speech or statement and simultaneously transmit it via automatic public transmission (this includes the auto-matic public transmission of a broadcast that is made available for transmission by the data for it being input to an automatic public transmission server that is connect-ed with a public telecommunications network) with the objective of allowing an ex-clusive audience within the service area that the broadcast is intended for to receive it.

     (3) It is permissible to publicly communicate a speech or statement that is broad-cast, cablecast, or transmitted via automatic public transmission pursuant to the pro-visions of the preceding paragraph, through a receiver.

    (Reporting of Current Events)

     Article 41 If current events are reported in the news by means of photography, cinematography, broadcasting, or other means, it is permissible to reproduce a work that comprises the event or is seen or heard in the course of the event, and to exploit it in line with the reporting of that event, within a scope that is justified for the pur-pose of news reporting.

    (Reproduction for Judicial Proceedings)

     Article 42 (1) It is permissible to reproduce a work if and to the extent that this is found to be necessary for judicial proceedings or for internal use by a legislative or administrative organ; provided, however, that this does not apply if the action would unreasonably prejudice the interests of the copyright owner in light of the nature or purpose of the work, the number of copies that would be made, or the circumstances of its reproduction.

     (2) The provisions of the preceding paragraph also apply if the reproduction of a work is found to be necessary for the following proceedings:

      (i) proceedings involved in a patent, industrial design, or trademark examina-tion, the technical valuation of a utility model, or an international examination or preliminary examination for an international application (meaning international applications provided for in Article 2 of the Act on International Applications, etc. under the Patent Cooperation Treaty (Act No. 30 of 1978) by an administrative agency;

      (ii) proceedings regarding an administrative agency's or incorporated adminis-trative agency's examination or investigation of pharmaceutical affairs (the phar-maceutical affairs include particulars of medical equipment (meaning medical equipment as provided in Article 2, paragraph (4) of the Act on Securing Quality, Efficacy and Safety of Products Including Pharmaceuticals and Medical Devices (Act No. 145 of 1960)) and regenerative medicine products (meaning regenerative medicine products as provided in Article 2, paragraph (9) of the same Act); the same applies hereinafter in this item), or proceedings regarding a report about pharmaceutical affairs submitted to an administrative agency or incorporated ad-ministrative agency.

    (Exploitation for Disclosure Pursuant to the Act on Access to Administra-tive Organs'Information and Other Provisions)

     Article 42-2 The head of an administrative organ or an incorporated administra-tive agency, etc., local government agency, or local incorporated administrative agen-cy may exploit a work in order to make available or present that work to the public, to the extent that this is found to be necessary for disclosing the work by each of the means provided for in Article 14, paragraph (1) of the Act on Access to Administrative Organs'Information (including the provisions of Cabinet Order based on the provi-sions of that paragraph), Article 15, paragraph (1) of the Act on Access to Incorporat-ed Administrative Agencies'Information (including means decided by the relevant incorporated administrative agency, etc. based on the provisions of that paragraph (excluding anything other than the means provided for by Cabinet Order based on the provisions of Article 14, paragraph (1)of the Act on Access to Administrative Organs'Information)), or information disclosure ordinance (excluding anything other than the means set forth in Article 14, paragraph (1) of the Act on Access to Administrative Organs'Information (including the provisions of Cabinet Order based on the provi-sions of that paragraph)).

    (Exploitation for Preservation Pursuant to the Public Records Manage-ment Act and Other Provisions)

     Article 42-3 (1) The head of the National Archives of Japan, etc. or the head of the local archives, etc. may reproduce a work associated with the historical public records and archives to the extent that is found to be necessary, if the purpose of do-ing so is to preserve the historical public records and archives pursuant to the provi-sions of Article 15, paragraph (1) of the Public Records Management Act or the provi-sions of public records management ordinance (limited to provisions equivalent to the relevant paragraph of the Public Records Management Act).

     (2) The head of the National Archives of Japan, etc. or the head of the local ar-chives, etc. may exploit a work to the extent that this is found to be necessary in order to allow the work to be exploited by each of the means provided for in Article 19 of the Public Records Management Act (this includes any provisions of Cabinet Order that are based on the provisions of that Article; the same applies hereinafter in this paragraph) or public records management ordinance (excluding anything not consti-tuting a means set forth in the relevant Article of the Public Records Management Act), if the purpose of doing so is to make it available or present it to the public pur-suant to the provisions of Article 16, paragraph (1) of the Public Records Management Act or the provisions of public records management ordinance (limited to provisions equivalent to Article 16, paragraph (1) of the Public Records Management Act).

    (Reproduction for Collecting Internet Materials and Online Materials un-der the National Diet Library Act)

     Article 43 (1) The Director General of the National Diet Library may record a work that is included in the Internet materials set forth in Article 25-3, paragraph (1) of the National Diet Library Act (Act No. 5 of 1948) (hereinafter in this Article referred to as "Internet materials") or the online materials set forth in Article 25-4, paragraph(3)of that Act onto a recording medium used by the National Diet Library, to the ex-tent that this is found to be necessary for collecting such Internet materials or online materials pursuant to the provisions of those paragraphs.

     (2) The following persons may reproduce works associated with the materials set forth in the following items, to the extent that is considered to be necessary in order for that person to make those materials available:

      (i) a person provided for in Article 24 or 24-2 of the National Diet Library Act: Internet materials that the person makes available in response to a request referred to in Article 25-3, paragraph (3) of that Act;

      (ii) a person that does not fall under Article 24 or 24-2 of the National Diet Li-brary Act: online materials set forth in Article 25-4, paragraph (1) of that Act that the person makes available pursuant to the provisions of that paragraph.

    (Ephemeral Fixation by a Broadcaster or Cablecaster)

     Article 44 (1) A broadcaster may make an ephemeral sound or visual recording of a work that the broadcaster is permitted to broadcast without prejudice to the right set forth in Article 23, paragraph (1), for its own broadcasts by means of its own facil-ities or those of another broadcaster that is permitted to broadcast the same work.

     (2) A cablecaster may make an ephemeral sound or visual recording of a work that the cablecaster is permitted to cablecast without prejudice to the right set forth in Article 23, paragraph (1), for its own cablecasts (except a cablecast it transmits based on the receipt of a broadcast) by means of its own facilities.

     (3) It is not permissible to preserve a sound or visual recording made pursuant to the provisions of the preceding two paragraphs for a period exceeding six months after the recording (or six months after the broadcast or cablecast, if the recording is broadcast or cablecast within the period of six months after the recording); provided, however, that this does not apply if a recording is preserved in official archives spec-ified by Cabinet Order.

    (Exhibition of an Artistic Work by the Owner of the Original)

     Article 45 (1) The owner of the original copy of an artistic work or photograph-ic work or a person authorized thereby may publicly exhibit that work.

     (2) The provisions of the preceding paragraph do not apply if the original copy of an artistic work is permanently installed on a street, at a park, or in any other outdoor location accessible to the public, or on the outer wall of a building or other place easily seen by the public.

    (Exploitation of an Artistic work on Public Display)

     Article 46 It is permissible to exploit an artistic work the original copy of which is permanently installed in an outdoor location as provided for in paragraph (2) of the preceding Article or an architectural work, in any way whatsoever except the follow-ing:

      (i) producing additional copies of a sculpture or making those additional cop-ies of the sculpture available to the public by transferring them;

      (ii) reproducing an architectural work by means of construction, or making copies of an architectural work so reproduced available to the public by transfer-ring them;

      (iii) reproducing a work in order to permanently install it in an outdoor location as provided for in paragraph (2) of the preceding Article;

      (iv) reproducing an artistic work for the purpose of selling copies of it, or sell-ing those copies.

    (Reproduction in Connection with the Exhibition of an Artistic Work; Re-lated Matters)

     Article 47 (1) A person that, without prejudice to the right provided for in Arti-cle 25, publicly exhibits the original copy of an artistic work or photographic work (hereinafter in this Article such a person is referred to as the "person exhibiting the original copy of a work", and hereinafter in this Article and Article 47-6, paragraph (2), item (i) such a work is referred to as an "exhibited work"), may print the exhibited work in pamphlets for the purpose of explaining or introducing the exhibited work to persons viewing it; and may reproduce that exhibited work to the extent necessary to present it via an on-screen presentation or to transmit an automatic public transmis-sion (this includes making it available for transmission; the same applies in Article 47-6, paragraph (2), item (i)) about it pursuant to the provisions of the following par-agraph; provided, however, that this does not apply if the action would unreasonably prejudice the interests of the copyright owner in light of the nature or purpose of the exhibited work, the number of copies that would be made, or the circumstances of its reproduction.

     (2) For the purpose of explaining or introducing an exhibited work to persons viewing it and to the extent considered to be necessary, the person exhibiting the original copy of a work may present the exhibited work via an on-screen presentation or transmit an automatic public transmission about that exhibited work; provided, however, that this does not apply if the action would unreasonably prejudice the in-terests of the copyright owner in light of the nature or purpose of the exhibited work or the circumstances of its on-screen presentation or automatic public transmission.

     (3) To the extent considered to be necessary in order to provide information to the public concerning the location of an exhibited work, the person exhibiting the original copy of a work or a person designated by Cabinet Order as equivalent thereto may reproduce that exhibited work or make a transmission to the public about it (this includes making the relevant work available for transmission, if it is to be transmitted to the public via an automatic public transmission); provided, however, that this does not apply if the action would unreasonably prejudice the interests of the copyright owner in light of the nature or purpose of the exhibited work or the circumstances of its reproduction or public transmission.

    (Reproduction in Connection with an Offer to Transfer an Artistic Work; Related Matters)

     Article 47-2 If, without prejudice to the rights set forth in Article 26-2, paragraph (1) and Article 26-3, the owner of the original or a copy of an artistic work or photo-graphic work or any other person with the authority to transfer or rent out the original or a copy thereof seeks to transfer or rent out the original or copy of the work, the person with that authority or a person commissioned thereby may, for use in making the offer to transfer or rent out the original or copy of the work, reproduce or transmit to the public the work (and may make the work available for transmission, if it is to be transmitted to the public via automatic public transmission) (but the person may do so only if that person takes measures to prevent or deter the copy that is made when the work is reproduced for the offer, from being used to reproduce the work; measures to prevent or deter a person from reproducing the work after receiving it in a transmission to the public; or any other measure designated by Cabinet Order as one that stops the interests of the copyright owner from being unfairly prejudiced).

    (Reproduction by the Owner of a Copy of a Work of Computer Program-ming; Related Matters)

     Article 47-3 (1) The owner of a copy of a work of computer programming may reproduce that work to the extent that this is found to be necessary in order for the person to execute the work on that person's own computer; provided, however, that this is not the case when the provisions of Article 113, paragraph (2) apply to the use that is made of such copies in connection with its execution.

     (2) After the owner of a copy referred to in the preceding paragraph (including copies made pursuant to the provisions of that paragraph) ceases to own one of the copies of the work for reasons other than the destruction thereof, the owner may not preserve other copies of the work if the copyright owner has not specifically manifest-ed the intention to permit this.

    (Exploitation of Works Incidental to the Exploitation of Works on a Com-puter)

     Article 47-4 (1) A person may exploit a work that is made available to be ex-ploited on a computer (this is inclusive of exploitation using information and commu-nication technologies; the same applies hereinafter in this Article), in any way and to the extent considered to be necessary, in one of the following cases or in any similar case in which the purpose is to make that work available to be exploited incidentally on a computer so that the relevant work can be smoothly or efficiently exploited on that computer; provided, however, that this does not apply if the action would unrea-sonably prejudice the interests of the copyright owner in light of the nature or pur-pose of the work or the circumstances of its exploitation:

      (i) if the person is exploiting a work on a computer using a copy of that work or is exploiting a work transmitted as a wireless communications or wired telecom-munications after having received such a transmission, and if, in the course of the data processing that the computer does in order for that work to be exploited, the person records the work on the recording medium of that computer so that it can smoothly and efficiently perform that data processing;

      (ii) if a person that, in the course of trade, makes available an automatic public transmission server for another person to use for automatic public transmissions records a work that has been made available for automatic public transmission on a recording medium in order to prevent delays or failures of that other person's automatic public transmissions or in order to efficiently transmit a work that has been made available for transmissions so as to relay automatic public transmis-sions of that work;

      (iii) if the person is providing data by a means that applies information or com-munication technologies, and records a work on a recording medium or adapts it in order to undertake the computerized data processing that is necessary to prepare to provide that data smoothly and efficiently.

     (2) A person may exploit a work that is made available to be exploited on a com-puter, in any way and to the extent considered to be necessary, in one of the following cases or in any similar case in which the purpose is to maintain or recover the possi-bility of exploiting a work on that computer; provided, however, that this does not apply if the action would unreasonably prejudice the interests of the copyright owner in light of the nature or purpose of the work or the circumstances of its exploitation:

      (i) if, in order to perform maintenance or repairs on a device that has a record-ing medium built into it, the person temporarily records a work that has been re-corded on the recording medium that has been built in to that device (hereinafter in this item and the following item referred to as a "built-in recording medium") on a recording medium other than the built-in recording medium, and then re-records that work onto the built-in recording medium after the maintenance or repairs;

      (ii) if, in order to replace a device that has a recording medium built into it with another device with the same functions, the person temporarily records a work that has been recorded onto that device's built-in recording medium onto a recording medium other than that built-in recording medium, and then records that work on the built-in recording medium of the device with same functions;

      (iii) if a person that, in the course of trade, makes available an automatic public transmission server for another person to use for automatic public transmissions records a work on a recording medium for use in recovery in the event that the copy of the work that has been made available for automatic public transmission by that automatic public transmission server is lost or damaged.

    (Minor Exploitation Incidental to Computerized Data Processing and the Provision of the Results Thereof)

     Article 47-5  (1) A person undertaking an action as set forth in one of the fol-lowing items that contributes to facilitating the exploitation of a work by creating new knowledge or information through computerized data processing (this includes a per-son undertaking a part of such an action; limited to one doing so in accordance with the standards prescribed by Cabinet Order) may exploit a work that has been made available or presented to the public (this includes a work that has been made availa-ble for transmission; the same applies hereinafter in this Article) (hereinafter in this Article and Article 47-6, paragraph (2), item (ii) referred to as an "available or present-ed work") (limited to a publicized work or a work made available for transmission), in any way and to the extent considered to be necessary in light of the purpose of the action set forth in the relevant item, when exploiting it incidental to the undertaking of that action (limited to exploitation that is minor in light of the percentage it consti-tutes of the part of the available or presented work that has been provided for ex-ploitation, the volume of the part of that work that has been provided for exploitation, the accuracy of indications made at the time it was provided for exploitation, and other elements; hereinafter in this Article referred to as "minor exploitation"); provid-ed, however, that this does not apply if the person undertakes that minor exploitation knowing that the available or presented work's having been made available or pre-sented to the public constitutes copyright infringement (for a work made available or presented to the public abroad, this means that the action would constitute copyright infringement if it took place in Japan), nor does it apply if the action would otherwise unreasonably prejudice the interests of the copyright owner in light of the nature or purpose of the available or presented work or the circumstances of its minor exploita-tion:

      (i) using a computer to search for the title or author name of a work in which information that a person is searching for (hereinafter in this item referred to as "information being searched for") has been recorded, for the transmitter identifica-tion code (meaning the letters, numbers, symbols, or any other code by which the transmitter of an automatic public transmission is identified) associated with infor-mation being searched for that has been made available for transmission, or for any other information concerning the identification or location of information being searched for; and making the results of that search available;

      (ii) undertaking computerized data analysis and furnishing the results of that analysis;

      (iii) an action that Cabinet Order prescribes as contributing to increased con-venience in the lives of the citizenry by creating new knowledge or information through computerized data processing and making the results of this available, be-yond what is set forth in the preceding two items.

     (2) A person that prepares to undertake an action set forth in one of the items of the preceding paragraph (limited to a person that collects, organizes, and provides information in preparation to undertake the action in accordance with the standards prescribed by Cabinet Order) may reproduce or make public transmissions of an available or presented work (or make the relevant work available for transmission, if such transmission is being made via an automatic public transmission; the same ap-plies in this paragraph and Article 47-6, paragraph (2), item (ii)) or distribute copies thereof, to the extent considered to be necessary in order to prepare for minor ex-ploitation under the preceding paragraph; provided, however, that this does not apply if the action would otherwise unreasonably prejudice the interests of the copyright owner in light of the nature or purpose of the available or presented work, the number of copies that would be reproduced or distributed, or the circumstances of the repro-duction, public transmission, or distribution.

    (Exploitation by Means of Translation, Adaptation, or the Like)

     Article 47-6 (1) If it is permissible to exploit a work pursuant to the provisions set forth in one of the following items, it is also permissible to exploit that work in accordance with those provisions by the means set forth in that item:

      (i) Article 30, paragraph (1); Article 33, paragraph (1) (including as applied mu-tatis mutandis pursuant to paragraph (4) of Article 33); Article 34, paragraph(1); and Article 35, paragraph (1) or pursuant to paragraph (2) of the preceding Article :translation, musical arrangement, reformulation, or adaptation;

      (ii) Article 30-2, paragraph (1) or Article 47-3, paragraph (1): adaptation;

      (iii) Article 31, paragraph (1), item (i) or the second sentence of paragraph (3); Article 32; Article 36, paragraph (1); Article 37, paragraph (1) or (2); Article 39, paragraph (1); Article 40, paragraph (2); Article 41; or Article 42:translation;

      (iv)Article 33-2, paragraph (1) or Article 47: reformulation or adaptation;

      (v)Article 37, paragraph (3): translation, reformulation, or adaptation;

      (vi)Article 37-2: translation or adaptation.

     (2) If, pursuant to one of the items set forth in the preceding paragraph (or the provisions prescribed in one of the following items, as regards a derivative work as set forth in that item; the same applies in this paragraph and Article 48, paragraph (3), item (ii)), it is permissible to exploit the original work underlying a derivative work that has been created pursuant to the preceding paragraph, the derivative work is deemed to constitute a work provided for in the provisions set forth in the relevant of the items of the preceding paragraph in terms of the relationship with the author of the original work or other person that has the rights provided in Article 28 with re-spect to the exploitation of the derivative work, and it is permissible for a person to exploit that derivative work based on the provisions set forth in the relevant item:

      (i) a derivative work created pursuant to the preceding paragraph in a case in which it is permissible, pursuant to the provisions of Article 47, paragraph (1), to reproduce an exhibited work in order to undertake an on-screen presentation or automatic public transmission of that exhibited work under Article 47, paragraph (2): Article 47, paragraph (2);

      (ii) a derivative work created pursuant to the preceding paragraph in a case in which, pursuant to paragraph (2) of the preceding Article, it is permissible to under-take the reproduction or automatic public transmission of an available or presented work or the distribution of copies thereof:Article 47-5, paragraph (1).

    (Transfer of Copies Made Pursuant to Restrictions on the Right of Repro-duction)

     Article 47-7 A work that may be reproduced pursuant to the provisions of Arti-cle 30-2, paragraph (2); Article 30-3; Article 30-4; Article 31, paragraph (1) (limited to the part concerned with item (i); the same applies hereinafter in this Article) or the second sentence of paragraph (3); Article 32; Article 33, paragraph (1) (including when application mutatis mutandis is provided for under the provisions of paragraph (4) of that Article); Article 33-2, paragraph (1) or (4); Article 34, paragraph (1); Article 35, paragraph (1); Article 36, paragraph (1); Article 37; Article 37-2 (except item (ii); the same applies hereinafter in this Article); Article 39, paragraph (1); Article 40, par-agraph (1) or (2); Articles 41 through 42-2; Article 42-3, paragraph (2); Articles 46; Article 47, paragraph (1) or (3); Article 47-2; Article 47-4 or 47-5, is also permitted to be made available to the public through the transfer of a copy of that work that is made based on the application of those provisions (excluding copies of a cine-matographic work in a case under the provisions of Article 31, paragraph (1) or the second sentence of paragraph (3); Article 36, paragraph (1); or Article 42 (if the work is one that has been reproduced in a cinematographic work, this exclusion also ap-plies to copies of the relevant cinematographic work; the same applies hereinafter in this Article)); provided however, that this does not apply if the copy of that work that is made based on the application of the provisions of Article 30-3; Article 31, para-graph (1) or the second sentence of paragraph (3); Article 33-2, paragraph (1) or (4); Article 35, paragraph (1); Article 37, paragraph (3); Article 37-2; Articles 41 through 42-2; Article 42-3, paragraph (2); Article 47, paragraph (1) or (3); Article 47-2; Article 47-4 or 47-5 is transferred to the public for a purpose other than what is provided for in Article 31, paragraph (1) or the second sentence of paragraph (3); Article 33-2, par-agraph (1) or (4); Article 35, paragraph (1); Article 37, paragraph (3); Article 37-2; Ar-ticles 41 through 42-2; Article 42-3, paragraph (2); Article 47, paragraph (1) or (3); Ar-ticle 47-2; Article 47-4 or 47-5, or if a person transfers to the public a copy of that work that has been made based on the application of the provisions of Article 30-4 with the purpose of personally enjoying or causing another person to enjoy the thoughts or sentiments expressed in the work (excluding a copy of a cinematographic work in a case under the provisions of Article 31, paragraph (1) or the second sentence of para-graph (3); or Article 42).

    (Indication of Source)

     Article 48 (1) In a case set forth in one of the following items, the source of the work must be clearly indicated in the manner and to the extent considered reasona-ble, commensurate with the circumstances of its reproduction or exploitation:

      (i) a work is reproduced pursuant to the provisions of Article 32; Article 33, paragraph (1) (including when application mutatis mutandis is provided for pursu-ant to the provisions of paragraph (4) of that Article); Article 33-2, paragraph(1); Article 37, paragraph (1); or Article 42 or Article 47, paragraph (1);

      (ii) a work is exploited pursuant to the provisions of Article 34, paragraph (1); Article 37, paragraph (3); Article 37-2; Article 39, paragraph (1); Article 40, para-graph (1) or (2); Article 47, paragraph (2) or (3); or Article 47-2;

      (iii) a work is exploited other than by its reproduction pursuant to the provi-sions of Article 32 or is exploited pursuant to the provisions of Article 35; Article 36, paragraph (1); Article 38, paragraph (1); Article 41; Article 46; or Article 47-5, para-graph (1), and it is common practice to indicate the source.

     (2) In a source indication as referred to in the preceding paragraph, the name of the author that appears on the work must be cited, except if the author's name is clear from the source indication or if the work is anonymous.

     (3) If a work is exploited as provided in one of the following items, the source of the original work underlying the derivative work provided for in that item must be indicated pursuant to the provisions of the preceding two paragraphs:

      (i) a derivative work created pursuant to the provisions of Article 40, paragraph (1); Article 46; or Article 47-5, paragraph (1) is exploited pursuant to those provi-sions;

      (ii) a derivative work created pursuant to the provisions of Article 47-6, para-graph (1) is exploited based on the application of the provisions set forth in para-graph (2) of that Article pursuant to the items of paragraph (1) of that Article.

    (Use of a Copy Other than for Its Intended Purpose)

     Article 49 (1) The following persons are deemed to undertaken the reproduc-tion referred to in Article 21:

      (i) a person that distributes a copy of a work that has been created based on the application of the provisions of Article 30, paragraph (1); Article 30-3; Article 31, paragraph (1), item (i) or the second sentence of paragraph (3); Article 33-2, para-graph (1) or (4); Article 35, paragraph (1); Article 37, paragraph (3); the first sen-tence of Article 37-2 (or item (ii) of that Article, in a case referred to in that item; the same applies in item (i) of the following paragraph); Articles 41 through 42-3; Arti-cle 43, paragraph (2); Article 44, paragraph (1) or (2); Article 47, paragraph (1) or (3); Article 47-2, or Article 47-5, paragraph (1) (other than one constituting a copy as referred to in item (i) or (ii)of the following paragraph), or presents the work to the public by means of such a copy (this includes making the derivative work avail-able for transmission; the same applies hereinafter), for a purpose other than what is stipulated in those provisions;

      (ii) a person that uses a copy of a work that has been created based on the ap-plication of the provisions of Article 30-4 (other than one constituting a copy as referred to in item (iii) of the following paragraph) to exploit that work with the purpose of personally enjoying or causing another person to enjoy the thoughts or sentiments expressed therein, irrespective of the manner in which the person ex-ploits it;

      (iii) a broadcaster or cablecaster that preserves an ephemeral recording in vio-lation of the provisions of Article 44, paragraph (3);

      (iv) a person that distributes a copy of a work that has been created based on the application of the provisions of Article 47-3, paragraph (1) (other than one con-stituting a copy as referred to in item (iv) of the following paragraph), or a person that presents a work to the public by means of such a copy;

      (v) a person that preserves a copy as referred to in Article 47-3, paragraph (2)(other than one constituting a copy as referred to in item (iv) of the following para-graph) in violation of the provisions of that paragraph;

      (vi) a person that uses a copy of a work that has been created based on the application of the provisions of Article 47-4; or Article 47-5, paragraph (2) (other than one constituting a copy as referred to in item (vi) or (vii) of the following par-agraph) to exploit the work for a purpose other than what is provided for in those provisions, irrespective of the manner in which the person exploits it.

     (2) A person as follows is deemed to have undertaken the translation, musical arrangement, reformulation, or adaption under Article 27 of the original work under-lying the derivative work in question, or to have reproduced that derivative work as referred to in Article 21:

      (i) a person that distributes a copy of a derivative work that has been created based on the application of Article 47-6, paragraph (2) and in accordance with what is set forth in the items of Article 47-6, paragraph (1), or that presents that deriva-tive work to the public by means of such a copy, for a purpose other than what is provided for in Article 30, paragraph (1); Article 31, paragraph (1), item (i) or the second sentence of paragraph (3); Article 33-2, paragraph (1); Article 35; Article 37, paragraph (3); the first sentence of Article 37-2; Article 41; Article 42; or Article 47, paragraph (1) or (3);

      (ii) a person that distributes a copy of a derivative work that has been created based on the application of Article 30-3; or Article 47-5, paragraph (1), or that pre-sents that derivative work to the public by means of such a copy, for a purpose other than what is provided for in those provisions;

      (iii) a person that uses a copy of a derivative work that has been created based on the application of the provisions of Article 30-4 to exploit that derivative work with the purpose of personally enjoying or causing another person to enjoy the thoughts or sentiments expressed therein, irrespective of the manner in which the person exploits it;

      (iv) a person that distributes a copy of a derivative work that has been created based on the application of the provisions of Article 47-6, paragraph (2), and pursu-ant to the provisions of Article 47-3, paragraph (1), or presents that derivative work to the public by means of such a copy;

      (v) a person that preserves the copy referred to in the preceding item, in viola-tion of the provisions of Article 47-3, paragraph (2);

      (vi) a person that uses a copy of a derivative work that has been created based on the application of Article 47-4, to exploit the derivative work for a purpose other than what is provided for in that Article, irrespective of the manner in which the person exploits it;

      (vii) a person that uses a copy of a derivative work that has been created pur-suant to the provisions of Article 47-5, paragraph (2) based on the application of Article 47-6, paragraph (2) for a purpose other than what is provided for in Article 47-5, paragraph (2), irrespective of the manner in which it is exploited.

    (Relationship with the Moral Rights of Authors)

     Article 50 The provisions of this Subsection must not be interpreted as affecting the protection of the moral rights of authors.

    Section 4 Term of Protection

    (The Term of Protection, in General)

     Article 51 (1) The duration of copyright begins at the time the work is created.(2)Unless otherwise specified in this Section, a copyright subsists for a period of 70 years after the death of the author (or the death of the last surviving co-author, for a joint work; the same applies in paragraph (1) of following Article).

    (The Term of Protection for an Anonymous or Pseudonymous Work)

     Article 52  (1) The copyright to an anonymous or pseudonymous work subsists for a period of 70 years after the work is made public; provided, however, that if, be-fore the expiration of a duration of copyright for an anonymous or pseudonymous work, it is found that 70 years have elapsed since the death of the author of that work, the copyright is deemed to have expired at the time that is found to constitute the expiration of 70 years since the death of the author.

     (2) The provisions of the preceding paragraph do not apply in any of the following cases:

      (i) the pseudonym adopted by the author of a pseudonymous work is common-ly known to be that author's pseudonym;

      (ii) the author's true name is registered pursuant to Article 75, paragraph (1), within the period referred to in the preceding paragraph;

      (iii) the author makes the work public using the author's true name or the pseu-donym by which the author is commonly known to indicate the name of the author, within the period referred to in the preceding paragraph.

    (The Term of Protection for Works Attributed to an Organization)

     Article 53 (1) The copyright to a work whose authorship is attributed to a cor-poration or other organization subsists for a period of 70 years after the work is made public (or for a period of 70 years after the creation of the work, if the work is not made public within 70 years of its creation).

     (2) The provisions of the preceding paragraph do not apply if the individual who is the author of a work whose authorship is attributed to a corporation or other cor-porate body, makes the work public and uses that individual's true name or the pseu-donym by which that individual is commonly known to indicate the name of the au-thor, within the period referred to in the preceding paragraph.

     (3) With respect to the duration of copyright for a work whose authorship has been attributed to a corporation or other corporate body pursuant to the provisions of Article 15, paragraph (2), even if such a work does not fall under the category of works provided for in paragraph (1), it is deemed to be attributed to the relevant cor-porate body, and the provisions of paragraph (1) apply.

    (The Term of Protection for Cinematographic Works)

     Article 54 (1) The copyright to a cinematographic work subsists for 70 years after the work is made public (or for 70 years after the creation of the work, if the work is not made public within the 70 years after its creation).

     (2) When the copyright to a cinematographic work expires at the expiration of the duration of copyright, the copyright to original work connected with that cine-matographic work also expires as regards the exploitation of the cinematographic work.

     (3) The provisions of the preceding two Articles do not apply to the copyright to a cinematographic work.

     Article 55 [Deleted]

    (The Time at Which a Serial Publication Is Made Public)

     Article 56  (1) The time at which a work is made public as referred to in Article 52, paragraph (1); Article 53, paragraph (1); or Article 54, paragraph (1) is the time at which each volume, issue, or installment is made public, for works that are made public successively in volumes, issues, or installments, or the time at which the last part of the work is made public, for works that are made public sequentially in parts.

     (2) If the subsequent part of a work that is completed after being made public sequentially in parts, has not been made public even though three years have passed since the most recent part was made public, the last of the parts of the work that has been made public is deemed to be the last part of the work for the purposes of the preceding paragraph.

    (Calculation of the Term of Protection)

     Article 57 In calculating the end of the seventy-year period following the death of the author; or the seventy-year period after a work is made public or created, in a case referred to in Article 51, paragraph (2); Article 52, paragraph (1); Article 53, par-agraph (1); or Article 54, paragraph (1), the starting point for the calculation is the year after the year in which the author dies or the work is made public or created.

    (Special Provisions on the Term of Protection)

     Article 58 If, pursuant to the provisions of the Berne Convention for the Protec-tion of Literary and Artistic Works, the WIPO Copyright Treaty, or the Marrakesh Agreement Establishing the World Trade Organization, the country of origin of a work (except a work falling under Article 6, item (i)) is a foreign country that is a member of the International Union established by the Berne Convention, a contracting party to the WIPO Copyright Treaty, or a member of the World Trade Organization, and if that country of origin has established a shorter duration of copyright for such a work than what is provided for in Articles 51 through 54, the duration of copyright for that work is the duration established by the country of origin.

    Section 5 The Exclusive Nature of an Author's Moral Rights; Related Matters

    (The Exclusive Nature of an Author's Moral Rights)

     Article 59 An author's moral rights are exclusive to that author, and are inaliena-ble.

    (Protection of Moral Interests after the Author's Death)

     Article 60  Even after the death of the author, it is prohibited for a person that makes available or presents the author's work to the public to engage in conduct that would be prejudicial to the moral rights of the author if the author were alive; provid-ed, however, that this does not apply if that conduct is found not to contravene the will of the author in light of the nature and extent of the conduct as well as changes in social circumstances and other conditions.

    Section 6 Transfer and Expiration of Copyright

    (Transfer of a Copyright)

     Article 61 (1) A copyright may be transferred in whole or in part.

     (2) If a contract for the transfer of a copyright makes no particular reference to the rights set forth in Articles 27 and 28, these rights are presumed to be retained by the transferor.

    (Expiration of a Copyright When There Are No Heirs)

     Article 62 (1) A copyright expires in the following cases:

      (i) the author dies, and the copyright is to revert to the National Treasury pur-suant to the provisions of Article 959 (Reversion of Residual Assets to the National Treasury) of the Civil Code (Act No. 89 of 1896);

      (ii) the corporation that owns the copyright is dissolved, and the copyright is to revert to the National Treasury pursuant to the provisions of Article 239, paragraph (3) of the Act on General Incorporated Associations and General Incorporated Foundations (Act No. 48 of 2006) or the provisions of other similar Acts.

     (2) The provisions of Article 54, paragraph (2) apply mutatis mutandis when the copyright to a cinematographic work has expired pursuant to the provisions 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.

     (2) A person that obtains the authorization referred to in the preceding paragraph is entitled to exploit the work to which that authorization pertains within the scope of the manner and conditions of exploitation under that authorization.

     (3) A right to exploit a work under the authorization referred to in paragraph (1)may not be transferred without the consent of the copyright owner.

     (4) Unless otherwise stipulated in a contract, the authorization referred to para-graph (1) in connection with the broadcasting or cablecasting of a work, does not in-clude authorization to record the sound or visuals of the work.

     (5) The provisions of Article 23, paragraph (1) do not apply to a person that has obtained the authorization referred to in paragraph (1) to make a work available for transmission, making the work available for transmission repeatedly or using another automatic public transmission server to make the work available for transmission within the scope of the manner and conditions of exploitation under authorization (other than those that concern the number of times the work may be made available for transmission or the automatic public transmission server that may be used to make the work available for transmission).

    (Exercise of the Moral Rights of Co-Authors)

     Article 64 (1) The moral rights of co-authors of a joint work may not be exer-cised without the unanimous agreement of all the co-authors.

     (2) A co-author may not prevent the agreement referred to in the preceding para-graph from being reached in breach of good faith.

     (3) Co-authors may choose one co-author from among themselves to represent them in the exercise of their moral rights.

     (4) Limitations on the representative authority of the person representing the co-authors in the exercise of the rights referred to in the preceding paragraph may not be duly asserted against a third party that is without knowledge of those limitations.

    (Exercise of a Joint Copyright)

     Article 65 (1) The owner of a copyright to a joint work or any other jointly owned copyright (hereinafter in this Article referred to as a "joint copyright") is not entitled to transfer or pledge that share of the joint copyright without the consent of the other co-owners.

     (2) A joint copyright may not be exercised without the unanimous agreement of all the co-owners.

     (3) In a case referred to in the preceding two paragraphs, a co-owner may not, without justifiable grounds, refuse the consent referred to in paragraph (1) or prevent the agreement referred to in the preceding paragraph from being reached.

     (4) The provisions of paragraphs (3) and (4) of the preceding Article apply muta-tis mutandis to the exercise of a joint copyright.

    (Copyrights That Have Become Subject to Pledge)

     Article 66 (1) The copyright owner is entitled to exercise a copyright even if a pledge has been established with the copyright as its subject, unless otherwise stipu-lated in the act of establishing the pledge.

     (2) A pledge may be exercised with respect to money or any other thing the copy-right owner would receive from the transfer of the copyright or the exploitation of the work (including consideration for the establishment of a print right); provided, how-ever, that the attachment of the right to receive such things is required before their payment or transfer to the pledgee.

    Section 8 Exploitation of a Work Based on a Compulsory License

    (Exploitation of a Work If the Copyright Owner Is Unknown)

     Article 67 (1) In a case prescribed by Cabinet Order as one in which, due to reasons such as the author being unknown, the author of a work that has been made public or a work that has clearly been made available or presented to the public for a considerable period of time cannot be contacted even after a considerable effort, a person may exploit that work in the manner provided for in a compulsory license is-sued thereto by the Commissioner of the Agency for Cultural Affairs, after depositing compensation for the copyright owner in an amount fixed by the Commissioner as equivalent to the ordinary rate of royalties.

     (2) Notwithstanding the provisions of the preceding paragraph, the deposit under the preceding paragraph is not required if the national or local government or a cor-poration prescribed by Cabinet Order as being similar thereto (hereinafter referred to as the "national or local government or equivalent corporation")in this paragraph and the following Article) seeks to exploit a work pursuant to the provisions of that para-graph. In such a case, if the national or local government or equivalent corporation becomes able to contact the copyright owner, it must pay compensation to the copy-right owner in the amount established by the Commissioner of the Agency for Cultur-al Affairs in accordance with the provisions of the preceding paragraph.

     (3) A person that seeks to be issued the compulsory license referred to in para-graph (1) must submit to the Commissioner of the Agency for Cultural Affairs an ap-plication detailing the manner in which that person seeks to exploit the work and other particulars designated by Cabinet Order, and attaching materials to support a prima facie showing that the copyright owner cannot be contacted and the materials designated by Cabinet Order.

     (4) Copies of a work that have been made pursuant to the provisions of paragraph (1)must bear an indication that they have been made pursuant to a compulsory li-cense under that paragraph, and give the date on which the compulsory license was issued.

    (Exploitation of a Work While an Application for a Compulsory License Is Pending)

     Article 67-2 (1) If a person that applies for the compulsory license referred to in paragraph (1) of the preceding Article (hereinafter in this Article referred to simply as a "compulsory license" deposits collateral in the amount that has been fixed by the Commissioner of the Agency for Cultural Affairs in consideration of the manner of the work's exploitation as given in the application, that person may exploit the work to which the application pertains in the manner of exploitation under that application in the time leading up to the disposition granting or denying the compulsory license (or in the time leading up to when the person is able to contact the copyright owner, if the person becomes able to contact the copyright owner in the time leading up to the disposition granting or denying the compulsory license); provided, however, that the person may not exploit the work if it is clear that the author of that work intends to discontinue.

     (2) Notwithstanding the provisions of the preceding paragraph, the deposit under the preceding paragraph is not required if the national or local government or an equivalent corporation seeks to use a work pursuant to the provisions of that para-graph.

     (3) A copy of a work that has been created based on the application of the provi-sions of paragraph (1) must bear an indication that it has been made pursuant to the provisions of that paragraph, and give the date on which the application for a compul-sory license was filed.

     (4) Notwithstanding the provisions of paragraph (1) of the preceding Article, if the person exploiting the work pursuant to the provisions of paragraph (1) (hereinaf-ter referred to as a "user with a pending application"; this does not include the nation-al or local government or an equivalent corporation; the same applies in the following paragraphs) is issued the compulsory license, the user is not required to make a de-posit under the provisions of paragraph (1) of the previous Article with regard to the portion of the compensation referred to in that paragraph which is equivalent to the amount of collateral already deposited under the provisions of paragraph (1) of this Article (and if the amount of the collateral exceeds that of the compensation, the user is not required to deposit compensation).

     (5) If a user with a pending application is issued a disposition denying the compul-sory license (unless the user has been able to contact the copyright owner in the time leading up to the disposition), the user must deposit the compensation for the copy-right owner in the amount that has been fixed by the Commissioner of the Agency for Cultural Affairs as equivalent to the amount of royalties for having exploited the work pursuant to the provisions of paragraph (1) in the time leading up to when the user was issued the disposition. In this case, the portion of the collateral deposited pursu-ant to the provisions of that paragraph which is equivalent to the amount of compen-sation (or if the amount of compensation exceeds the amount of collateral, the collat-eral) is deemed to have been deposited as compensation.

     (6) If the user with a pending application (limited to the national or local govern-ment or an equivalent corporation) becomes able to contact the copyright owner after the disposition denying the compulsory license, the user with a pending application must pay compensation to the copyright owner in the amount equivalent to the royal-ties for having exploited the work pursuant to the provisions of paragraph (1) for the period preceding the disposition, as established by the Commissioner of the Agency for Cultural Affairs.

     (7) If a user with a pending application becomes able to contact the copyright owner in the time leading up to the disposition granting or denying the compulsory license, the user must pay the copyright owner compensation equivalent to the amount of royalties for having exploited the work pursuant to the provisions of para-graph (1) in the time leading up to when the user was able to contact the copyright owner.

     (8) In a case referred to in paragraph (4), (5) or (7), the copyright owner is enti-tled to receive repayment from collateral deposited pursuant to the provisions of par-agraph (1) in connection with the right to receive the compensation referred to in paragraph (5) or (7) of this Article.

     (9) A person that deposits collateral pursuant to the provisions of paragraph (1) is entitled to recover, pursuant to Cabinet Order, all or a part of the portion of collat-eral that exceeds the amount of collateral from which the copyright owner is entitled to receive repayment pursuant to the provisions of the preceding paragraph.

    (Broadcasting of Works)

     Article 68 (1) If a broadcaster seeking to broadcast a work that has been made public requests the copyright owner to agree to authorize its broadcast of the work, but an agreement cannot be reached or deliberations about this cannot be entered into, the broadcaster may broadcast the work pursuant to a compulsory license by the Commissioner of the Agency for Cultural Affairs, and after paying compensation to the copyright owner in the amount that has been fixed by the Commissioner as equiv-alent to the ordinary rate of royalties.

     (2) A work that is broadcast pursuant to the provisions of the preceding para-graph may also be cablecast, transmitted via automatic public transmission (this in-cludes the automatic public transmission of a broadcast work that is made available for transmission by the data for it being input to an automatic public transmission server that is connected with a public telecommunications network) with the objec-tive of allowing an exclusive audience within the service area that the broadcast is intended for to receive the transmission, or communicated publicly through a receiv-er. In this case, except in a case to which the provisions of Article 38, paragraphs (2) and (3) apply, the person that makes that cablecast, transmits the automatic public transmission, or sends the communication must pay the copyright owner compensa-tion in an amount equivalent to the ordinary rate of royalties.

    (Recording Sounds onto Commercial Phonograms)

     Article 69 Once a commercial phonogram has been sold for the first time in Ja-pan and three years have elapsed since the date of its first sale, if a person seeking to make a sound recording of a musical work whose sound has been recorded onto that phonogram with the authorization of the copyright owner and to thereby produce a different commercial phonogram, requests the copyright owner to agree to authorize that person to make such a sound recording or to make such a commercial phono-gram available to the public through its transfer, but an agreement cannot be reached or deliberations about this cannot be entered into, the person may make such a sound recording or make such a commercial phonogram available to the public through its transfer pursuant to a compulsory license by the Commissioner of the Agency for Cultural Affairs and after paying compensation to the copyright owner in the amount that has been fixed by the Commissioner as equivalent to the ordinary rate of royal-ties.

    (Procedures and Standards Involved in a Compulsory License)

     Article 70 (1) An applicant for a compulsory license referred to in Article 67, paragraph (1); Article 68, paragraph (1); or the preceding Article must pay an applica-tion fee in the amount that has been fixed by Cabinet Order in consideration of actual costs.

     (2) The provisions of the preceding paragraph do not apply if the person that would be required to pay the application fee pursuant to the provisions of that para-graph is the State or an incorporated administrative agency that has been designated by Cabinet Order in consideration of the contents of its business or other circum-stances (referred to as "the national or local government or an equivalent corpora-tion"in Article 78, paragraph (6) and Article 107, paragraph (2)).

     (3) Upon receipt of an application for the compulsory license referred to in Arti-cle 68, paragraph (1) or the preceding Article, the Commissioner of the Agency for Cultural Affairs must notify the copyright owner affected by the application of this, and must afford the copyright owner an opportunity to express an opinion, specifying an adequate period of time for this.

     (4) If the Commissioner of the Agency for Cultural Affairs has received an appli-cation for a compulsory license referred to in Article 67, paragraph (1), Article 68, paragraph (1) or the preceding Article but finds the circumstances to fall under either of the following items, the commissioner must not issue the compulsory license:

      (i) the author clearly intends to discontinue the printing or other exploitation of the work; or

      (ii) there are unavoidable circumstances for the copyright owner's inability toauthorize the broadcast of the work to which the application for a compulsory li-cense referred to in Article 68, paragraph (1) pertains.

     (5) When seeking to issue a disposition denying an applicant the compulsory li-cense referred to in the preceding paragraph (unless the disposition denying the ap-plicant the compulsory license is issued pursuant to the provisions of paragraph (7)) the Commissioner of the Agency for Cultural Affairs must notify the applicant of the reasons for this in advance and afford the applicant an opportunity to explain the applicant's position and furnish evidence in the applicant's favor, and if the commis-sioner issues the disposition denying the applicant that compulsory license, the com-missioner must notify the applicant of this in writing, accompanied by the reasons for this.

     (6) Upon issuing the compulsory license referred to in Article 67, paragraph (1), the Commissioner of the Agency for Cultural Affairs must issue a public notice of this in the Official Gazette as well as notifying the applicant, and upon issuing the compul-sory license referred to in Article 68, paragraph (1) or the preceding Article, the Com-missioner must notify the relevant parties of this.

     (7) If there has been a petition from a user with a pending application to withdraw that user's application for the compulsory license referred to in Article 67, paragraph (1), the Commissioner of the Agency for Cultural Affairs is to issue a disposition de-nying the applicant the compulsory license.

     (8) Beyond what is provided for in the preceding paragraphs, any necessary par-ticulars involved in the compulsory licenses referred to in this Section are provided by Cabinet Order.

    Section 9 Compensation; Related Matters

    (Consultation with the Culture Council)

     Article 71 When fixing the amount of compensation referred to in Article 33, paragraph (2) (including as applied mutatis mutandis pursuant to paragraph (4) of that Article); Article 33-2, paragraph (2); Article 67, paragraph (1); Article 67-2, para-graph (5) or (6); Article 68, paragraph (1); or Article 69, the Commissioner of the Agency for Cultural Affairs must consult with the Culture Council.

    (Legal Action Concerning Amounts of Compensation)

     Article 72 (1) A party that is dissatisfied with the amount of compensation fixed based on the provisions of Article 67, paragraph (1); Article 67-2, paragraph (5) or (6); Article 68, paragraph (1); or Article 69, may bring an action to increase or de-crease the amount of compensation, within a period of six months from the date on which the party learns that a compulsory license under any of these provisions (or a disposition denying the compulsory license referred to in Article 67, paragraph (1), in the case referred to in Article 67-2, paragraph (5) or (6)) has been issued.

     (2) In an action referred to in the preceding paragraph, the copyright owner must be the defendant if the person bringing the action is the person exploiting the work, and the person exploiting the work must be the defendant if the person bringing the action is the copyright owner.

    (Limitations on Requests for Review Concerning the Amount of Compensa-tion)

     Article 73 In a request for review concerning a disposition granting or denying the compulsory license referred to in Article 67, paragraph (1); Article 68, paragraph (1); or Article 69, dissatisfaction with the amount of compensation subject to the dis-position granting or denying that compulsory license may not be used as grounds for dissatisfaction with the disposition granting or denying the compulsory license; pro-vided, however, that this does not apply if the person that was issued the disposition granting or denying the compulsory license referred to in Article 67, paragraph (1) is unable to bring the action referred to in paragraph (1) of the preceding Article be-cause the copyright owner is unknown or for other similar reasons.

    (Depositing of Compensation)

     Article 74 (1) In the following cases, a person that is required to pay the com-pensation referred to in Article 33, paragraph (2) (including as applied mutatis mutan-dis pursuant to the provisions of paragraph (4) of that Article);Article 33-2, paragraph (2); Article 68, paragraph (1); or Article 69 must deposit the compensation instead of paying it:

      (i) the copyright owner refuses or is unable to receive the compensation;

      (ii) through no fault of the person required to pay, the copyright owner cannot be identified;

      (iii) the person required to pay brings an action as referred to in Article 72, paragraph (1) with respect to the amount of compensation;

      (iv) a pledge has been established on the copyright (this excludes when author-ization has been obtained from the pledgee).

     (2) If the copyright owner so requests, in the case referred to in item (iii) of the preceding paragraph, the person that is required to pay compensation must pay the sum that accords with the person's own calculations and deposit the difference be-tween sum that person calculates and the amount of compensation as per the compul-sory license.

     (3) A deposit of compensation under the provisions of Article 67, paragraph (1); Article 67-2, paragraph (5); or the preceding two paragraphs or a deposit of collateral under the provisions of Article 67-2, paragraph (1) is to be made at the deposit office nearest to the known domicile or residence of the copyright owner, if the copyright owner is domiciled or resides in Japan, or at the deposit office nearest to the domicile or residence of the depositor in any other case.

     (4) A person that makes a deposit referred to in the preceding paragraph must notify the copyright owner of that deposit; provided, however, that this does not apply if the copyright owner cannot be notified due to reasons such as the copyright owner being unknown.

    Section 10 Registration

    (Registration of True Names)

     Article 75 (1) The author of an anonymous or pseudonymous work that has been made public, may have the author's true name registered to that work, regard-less of whether the author currently owns the copyright.

     (2) An author may have the registration referred to in the preceding paragraph made after the author's death by the person designated in the author's will.

     (3) A person whose true name has been registered is presumed to be the author of the work to which the registration pertains.

    (Registration of the Date of First Publication)

     Article 76 (1) The copyright owner or the publisher of an anonymous or pseu-donymous work may have the date of first publication or the date first made public registered for that work.

     (2) A work whose date of first publication or date first made public is registered is presumed to have been first published or first made public on the registered date.

    (Registration of the Date of Creation)

     Article 76-2 (1) The author of a work of computer programming may have the date of creation of the work registered; provided, however, that this does not apply after six months have passed since the creation of that work.

    (2)A work of computer programming that has been registered as referred to in the preceding paragraph is presumed to have been created on the registered date.

    (Registration of a Copyright)

     Article 77 The following particulars may not be asserted against a third party unless they are registered:

      (i) the transfer of a copyright (except a transfer by inheritance or by any other general succession; the same applies in the following item), its alteration as a result of a trust, or a restriction on its disposal;

      (ii) the establishment, transfer, alteration, or expiration of a pledge on a copy-right (except when due to comingling or to the expiration of the copyright or the claim it secures), or a restriction on its disposal.

    (Registration Process)

     Article 78 (1) The registrations referred to in Article 75, paragraph (1); Article 76, paragraph (1); Article 76-2, paragraph (1); and the preceding Article are made by the Commissioner of the Agency for Cultural Affairs, who enters or records them in the copyright register.

     (2) The copyright register may be prepared in whole or in part using magnetic discs (this includes any object on which it is possible to reliably record a fixed set of data using equivalent means; the same applies in paragraph (4)), pursuant to Cabinet Order.

     (3) Upon making a registration referred to in Article 75, paragraph (1), the Com-missioner of the Agency for Cultural Affairs must issue a public notice of this in the Official Gazette.

     (4) Any person may enter a request with the Commissioner of the Agency for Cultural Affairs to be delivered a certified copy or a certified abstract of entries in the copyright register or a copy of its annexed documents, to inspect the register or its annexed documents, or to be delivered documents detailing information recorded in a portion of the copyright register that has been prepared using magnetic discs.

     (5) A person entering a request referred to in the preceding paragraph must pay the fee that has been fixed by Cabinet Order in consideration of actual costs.

     (6) The provisions of the preceding paragraph do not apply if the person that would be required to pay the fee pursuant to the provisions of that paragraph is the national or local government or an equivalent corporation

     (7) The provisions of Chapters II and III of the Administrative Procedure Act (Act No. 88 of 1993) do not apply to measures taken in connection with registrations re-ferred to in paragraph (1).

     (8) The provisions of the Act on Access to Administrative Organs'Information do not apply to the copyright register and its annexed documents.

     (9) The provisions of Chapter IV of the Act on the Protection of Personal Informa-tion Held by Administrative Organs (Act No. 58 of 2003) do not apply to retained personal information (meaning the Retained Personal Information set forth in Article 2, paragraph (5) of that Act) that is recorded in the copyright register and its annexed documents.

     (10) Beyond what is provided for in this Section, any necessary particulars con-nected with the registration referred to in paragraph (1) are provided by Cabinet Or-der.

    (Special Provisions on the Registration of Works of Computer Program-ming)

     Article 78-2 Beyond what is provided for in this Section, the particulars of the registration of works of computer programming are as provided separately by law.

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