Copyright Law of Japan


    Chapter II Rights of Authors

    Section 1 Works

    (Classification of works)
    Article 10.
    (1) As used in this Law, "works" shall include, in particular, the following:
    (i) novels, dramas, articles, lectures and other literary works;
    (ii) musical works;
    (iii) choreographic works and pantomimes;
    (iv) paintings, engravings, sculptures and other artistic works;
    (v) architectural works;
    (vi) maps as well as figurative works of a scientific nature such as plans, charts, and models;
    (vii) cinematographic works;
    (viii) photographic works;
    (ix) program works.
    (2) News of the day and miscellaneous facts having the character of mere items of information shall not fall within a term "works" mentioned in item (i) of the preceding paragraph.
    (3) The protection granted by this Law to works mentioned in paragraph (1), item (ix) shall not extend to any programming language, rule or algorithm used for making such works. In this case, the following terms shall have the meaning hereby assigned to them respectively:
    (i) "programming language" means letters and other symbols as well as their systems for use as means of expressing a program;
    (ii) "rule" means a special rule on how to use in a particular program a programming language mentioned in the preceding item;
    (iii) "algorithm" means methods of combining, in a program, instructions given to a computer.

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

    (Compilations)
    Article 12.
    (1) Compilations (not falling within the term "databases"; the same shall apply hereinafter) which, by reason of the selection or arrangement of their contents, constitute intellectual creations shall be protected as independent works.
    (2) The provisions of the preceding paragraph shall not prejudice the rights of authors of works which form part of compilations defined in that paragraph.

    (Database works)
    Article 12bis.
    (1) Databases which, by reason of the selection or systematic construction of information contained therein, constitute intellectual creations shall be protected as independent works.
    (2) The provisions of the preceding paragraph shall not prejudice the rights of authors of works which form part of databases defined in that paragraph.

    (Works not protected)
    Article 13.
    The following shall not form the subject matter of the rights provided for in this Chapter:
    (i) the Constitution and other laws and regulations;
    (ii) notifications, instructions, circular notices and the like issued by organs of the State or local public entities, independent administrative organs ("independent administrative organs" means those mentioned in Article 2, paragraph (1) of the Law for General Rules for Independent Administrative Organs (Law No.103, of 1999); the same shall apply hereinafter) or local independent administrative organs ("local independent administrative organs" means those mentioned in Article 2, paragraph (1) of the Law for Local Independent Administrative Organs (Law No.118, of 2003); the same shall apply hereinafter);
    (iii) judgments, decisions, orders and decrees of law courts, as well as rulings and decisions made by administrative organs in proceedings similar to judicial ones;
    (iv) translations and compilations, of those materials mentioned in the preceding three items, made by organs of the State or local public entities, independent administrative organs or local independent administrative organs.

    Section 2 Authors

    (Presumption of authorship)
    Article 14.
    A person, whose name or appellation (hereinafter referred to as "true name"), or whose generally known pen name, abbreviation or other substitute for his true name (hereinafter referred to as "pseudonym") is indicated as the name of the author in the customary manner on the original of his work or when his work is offered to or made available to the public, shall be presumed to be the author of that work.

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

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

    Section 3 Contents of the Rights

    Subsection 1 General Rules

    (Rights of authors)
    Article 17.
    (1) The author shall enjoy the rights mentioned in paragraph (1) of the next Article, Article 19, paragraph (1) and Article 20, paragraph (1)(hereinafter referred to as "moral rights of authors") as well as the rights mentioned in Articles 21 to 28 (hereinafter referred to as "copyright").
    (2) The enjoyment of moral rights of authors and copyright shall not be subject to any formality.

    Subsection 2 Moral Rights of Authors

    (Right of making the work public)
    Article 18.
    (1) The author shall have the rights to offer to and to make available to the public his work which has not yet been made public (including a work which has been made public without his consent; the same shall apply in this Article). The author shall have the same right with respect to works derived from his work which has not yet been made public.
    (2) In the following cases, the author shall be presumed to have consented to the following acts:
    (i) where copyright in his work which has not yet been made public has been transferred: the offering to and the making available to the public of the work by exercising the copyright therein;
    (ii) where the original of his artistic or photographic work which has not yet been made public has been transferred: the making available to the public of the work by exhibiting its original;
    (iii) where the ownership of copyright in his cinematographic work belongs to the maker in accordance with the provision of Article 29: the offering to and the making available to the public of the work by exercising the copyright therein.
    (3) In the following cases, the author shall be considered to have consented to the following acts:
    (i) where his work, which has not yet been made public, has been offered to government organizations ("government organizations" means those provided in Article 2, paragraph (1) of the Law for the Disclosure of Information Possessed by Government Organizations (Law No.42, of 1999; hereinafter referred to as "the Government Organizations Information Disclosure Law")), (except in the case where any declaration of the intention of the author to the contrary has been made by the time when the disclosure is decided in accordance with the provisions of Article 9, paragraph (1) of the Government Organizations Information Disclosure Law): the offering to and the making available to the public of the work by the head of a government organization in accordance with the provisions of the Government Organizations Information Disclosure Law...(including the offering to and the making available to the public of that work by the Head of the National Archives, etc. in accordance with the provisions of Article 16, paragraph (1) of the Law for the Preservation of Official Documents, etc. (Law No.66, of 2009; hereinafter referred to as "the Official Documents Preservation Law") ("the Head of the National Archives, etc." means the Head of the National Archives, etc. mentioned in Article 15, paragraph (1) of the Official Documents Preservation Law; the same shall apply hereinafter) in the case where historical official documents, etc. contained in that work ("historical official documents, etc." means such documents, etc. as mentioned in Article 2, paragraph(6) of the Official Documents Preservation Law) have been transferred by the head of a government organization to the National Archives, etc. ("the National Archives, etc." means the National Archives, etc. mentioned in Article 2, paragraph(3) of the Official Documents Preservation Law; the same shall apply hereinafter) in accordance with the provisions of Article 8, paragraph (1) of the Official Documents Preservation Law (except in the case where any declaration of the intention of the author of that work to the contrary has been made by the time when the offer to use is decided in accordance with the provisions of Article 16, paragraph (1) of the Official Documents Preservation Law));
    (ii) where his work, which has not yet been made public, has been offered to independent administrative organs, etc. ("independent administrative organs, etc." means those provided in Article 2, paragraph (1) of the Law for the Disclosure of Information Processed by Independent Administrative Organs, etc. (Law No.140, of 2001; hereinafter referred to as "the Independent Administrative Organs, etc. Information Disclosure Law"); the same shall apply hereinafter), (except in the case where any declaration of the intention of the author to the contrary has been made by the time when the disclosure is decided in accordance with the provisions of Article 9, paragraph (1) of the Independent Administrative Organs, etc. Information Disclosure Law): the offering to and the making available to the public of the work by an independent administrative, etc. in accordance with the provisions of the Independent Administrative Organs, etc. Information Disclosure Law...(including the offering to and the making available to the public of that work by the Head of the National Archives, etc. in accordance with the provisions of Article 16, paragraph (1) of the Official Documents Preservation Law in the case where historical official documents, etc. contained in that work have been transferred by that independent administrative organ, etc. to the National Archives, etc. in accordance with the provisions of Article 11, paragraph (4) of the Official Documents Preservation Law( except in the case where any declaration of the intention of the author of that work to the contrary has been made by the time when the offer to use is decided in accordance with the provisions of Article 16, paragraph (1) of the Official Documents Preservation Law);
    (iii) where his work, which has not yet been made public, has been offered to local public entities or local independent administrative organs (except in the case where any declaration of the intention of the author to the contrary has been made by the time when the disclosure is decided) : the offering to and the making available to the public of the work by an organ of a local public entity or a local independent administrative organ concerned in accordance with the provisions of the Information Disclosure Regulations ("the Information Disclosure Regulations" means the regulations of a local public entity or a local independent administrative organ concerned which provide for the right of residents, etc. to request the disclosure of information possessed by such entity or organ; the same shall apply hereinafter)...( including the offering to and the making available to the public of that work by the head of the local archives, etc. (in the case where the local archives, etc. are the establishments of the local public entities, "the head of the local archives, etc." means the head of the local public entity to which those establishments belong, and in the case where the local archives, etc. are the establishments of the local independent administrative organs, "the head of the local archives, etc." means the local independent administrative organ which has established those establishments) in accordance with the provisions of the Official Documents Preservation Regulations ("the Official Documents Preservation Regulations" means those regulations of the local public entities which provide for the proper preservation and offer to use of historical official documents possessed by those local public entities or local independent administrative organs; the same shall apply hereinafter) in the case where historical official documents, etc. contained in that work have been transferred by those local public entities or local independent administrative organs to the local archives, etc. ("the local archives, etc." means the establishments designated by the Official Documents Preservation Regulations as those aiming at the proper preservation and offer to use of historical official documents, etc."; the same shall apply hereinafter)(except in the case where any declaration of the intention of the author of that work to the contrary has been made by the time when the offer to use is decided in accordance with the provisions of the Official Documents Preservation Regulations (which have the provisions equivalent to those of Article 16, paragraph (1) of the Official Documents Preservation Law; the same shall apply hereinafter in this Article));
    (iv) where his work, which has not yet been made public, has been offered to the National Archives, etc. (except in the case where any declaration of the intention of the author to the contrary has been made by the time when the offer to use is decided in accordance with the provisions of Article 16, paragraph (1) of the Official Documents Preservation Law; the offering to and the making available to the public of the work by the Head of the National Archives, etc. in accordance with the provisions of that paragraph.
    (v) where his work, which has not yet been made public, has been offered to the local archives, etc. (except in the case where any declaration of the intention of the author to the contrary has been made by the time when the offer to use is decided in accordance with the provisions of the official Documents Preservation Regulations): the offering to and the making available to the public of the work by the head of the local archives, etc. in accordance with the provisions of the Official Documents Preservation Regulations.
    (4) The provisions of paragraph (1) shall not apply in any of the following cases:
    (i) where a work, which has not yet been made public and in which information mentioned in Article 5, item (i) (b) or (c) or the proviso to Article 5, item (ii) of the Government Organizations Information Disclosure Law is recorded, is offered to or made available to the public by the head of a government organization in accordance with the provisions of that Article, or where a work, which has not yet been made public, is offered to or made available to the public by the head of a government organization in accordance with the provisions of Article 7 of the Government Organizations Information Disclosure Law;
    (ii) where a work, which has not yet been made public and in which information mentioned in Article 5, item (i) (b) or (c) or the proviso to Article 5, item (ii) of the Independent Administrative Organs, etc. Information Disclosure Law is recorded, is offered to or made available to the public by an independent administrative organ, etc. in accordance with the provisions of that Article, or where a work which has not yet been made public, is offered to or made available to the public by an independent administrative organ, etc. in accordance with the provisions of Article 7 of the independent Administrative Organs, etc. Information Disclosure Law;
    (iii) where a work which has not yet been made public (and in which information equivalent to that mentioned in Article 5, item (i) (b) or the proviso to Article 5, item (ii) of the Government Organizations Information Disclosure Law is recorded) is offered to or made available to the public by an organ of a local public entity or a local independent administrative organ in accordance with the provisions of the Information Disclosure Regulations (which have the provisions equivalent to the provisions of Article 13, paragraphs (2) and (3) of the Government Organizations Information Disclosure Law; the same shall apply in item (v));
    (iv) where a work which has not yet been made public (and in which information equivalent to that mentioned in Article 5, item (i) (c) of the Government Organizations Information Disclosure Law is recorded) is offered to or made available to the public by an organ of a local public entity or a local independent administrative organ in accordance with provisions of the Information Disclosure Regulations;
    (v) where a work which has not yet been made public is offered to or made available to the public by an organ of a local public entity or a local independent administrative organ in accordance with such provisions of the Information Disclosure Regulations as equivalent to those of Article 7 of the Government Organizations Information Disclosure Law.
    (vi) where a work, which has not yet been made public and in which information mentioned in Article 5, item (i) (b) or (c) or the proviso to Article 5, item (ii) of the Government Organizations Information Disclosure Law or information mentioned in Article 5, item (i) (b) or (c) or the proviso to Article 5, item (ii) of the Independent Administrative Organs, etc. Information Disclosure Law is recorded, is offered to or made available to the public by the Head of the National Archives, etc. in accordance with the provisions of Article 16, paragraph (1) of he Official Documents Preservation Law;
    (vii) where a work, which has not yet been made public and in which information equivalent to that mentioned in Article 5, item (i) (b) or the proviso to Article 5, item (ii) of the Government Organizations Information Disclosure Law is recorded, is offered to or made available to the public by the head of the local archives, etc. in accordance with the provisions of the Official Documents Preservation Regulations (which have the provisions equivalent to those of Article 18, paragraphs (2) and (4) of the Official Documents Preservation Law);
    (viii) where a work, which has not yet been made public and in which information equivalent to that mentioned in Article 5, item (i) (c) of the Government Organizations Information Disclosure Law is recorded, is offered to or made available to the public by the head of the local archives, etc. in accordance with the provisions of the Official Documents Preservation Regulations.

    (Right of determining the indication of the author's name)
    Article 19.
    (1) The author shall have the right to determine whether his true name or pseudonym should be indicated or not, as the name of the author, on the original of his work or when his work is offered to or made available to the public. The author shall have the same right with respect to the indication of his name when works derived form his work are offered to or made available to the public.
    (2) In the absence of any declaration of the intention of the author to the contrary, a person exploiting his work may indicate the name of the author in the same manner as that already adopted by the author.
    (3) It shall be permissible to omit the name of the author where it is found that there is no risk of damage to the interests of the author in his claim to authorship in the light of the purpose and the manner of exploiting his work and in so far as such omission is compatible with fair practice.
    (4) The provisions of paragraph (1) shall not apply in any of the following cases:
    (i) where the name of the author is indicated in the same manner as that already adopted by the author when his work is offered to or made available to the public by the head of a government organization, by an independent administrative organ, etc. or by an organ of a local public entity or a local independent administrative organ in accordance with the provisions of the Government Organizations Information Disclosure Law, the Independent Administrative Organs, etc. Information Disclosure Law or the Information Disclosure Regulations;
    (ii) where the name of the author is to be omitted when his work is offered to or made available to the public by the head of a government organization, by an independent administrative organ, etc. or by an organ of a local public entity or a local independent administrative organ in accordance with the provisions of Article 6, paragraph (2) of the Government Organizations Information Disclosure Law, the provisions of Article 6, paragraph (2) of the Independent Administrative Organs, etc. Information Disclosure Law or such provisions of the Information Disclosure Regulations as are equivalent to those of the former paragraph;
    (iii) where the name of the author is indicated in the same manner as that already adopted by the author when his work is offered to or made available to the public by the Head of the National Archives, etc. or by the head of the local archives, etc. in accordance with the provisions of Article 16, paragraph(1) of the Official Documents Preservation Law or such provisions of the Official Documents Preservation Regulations as are equivalent to those of that paragraph.

    (Right of preserving the integrity)
    Article 20.
    (1) The author shall have the right to preserve the integrity of his work and its title against any distortion, mutilation or other modification against his will.
    (2) The provisions of the preceding paragraph shall not apply to the following modifications:
    (i) change of ideographs or words or other modifications deemed unavoidable for the purpose of school education in the case of the exploitation of works under the provisions of Article 33, paragraph (1) (including the case where its application mutatis mutandis is provided for under the provision of paragraph (4) of the same Article), Article 33bis, paragraph (1) and Article 34, paragraph (1);
    (ii) modification of an architectural work by means of extension, rebuilding, repairing, or remodeling;
    (iii) modification which is necessary for enabling to use on a particular computer a program work which is otherwise unusable on that computer, or to make more effective the use of a program work on a computer;
    (iv) other modifications not falling within those mentioned in the preceding three items, which are deemed unavoidable in the light of the nature of a work as well as the purpose and the manner of exploiting it.

    Subsection 3 Rights Comprised in Copyright

    (Right of reproduction)
    Article 21.
    The author shall have the exclusive right to reproduce his work.

    (Right of performance)
    Article 22.
    The author shall have the exclusive right to perform his work publicly ("publicly" means for the purpose of making a work seen or heard directly by the public; the same shall apply hereinafter).

    (Right of presentation)
    Article 22bis.
    The author shall have the exclusive right to present his work publicly.

    (Rights of public transmission, etc.)
    Article 23.
    (1)The author shall have the exclusive right to make the public transmission of his work (including the making transmittable of his work in the case of the interactive transmission).
    (2)The author shall have the exclusive right to communicate publicly, by means of a receiving apparatus, his work of which the public transmission has been made.

    (Right of recitation)
    Article 24.
    The author of a literary work shall have the exclusive right to recite publicly his work.

    (Right of exhibition)
    Article 25.
    The author of an artistic work or of an unpublished photographic work shall have the exclusive right to exhibit publicly the original of his work.

    (Rights of distribution)
    Article 26.
    (1) The author of a cinematographic work shall have the exclusive rights to distribute copies of his work.
    (2) The author of a work reproduced in a cinematographic work shall have the exclusive right to distribute copies of his work.

    (Right of transfer of ownership)
    Article 26bis.
    (1) The author shall have the exclusive right to offer his work (except a cinematographic work; the same shall apply hereinafter in this Article) to the public by transfer of ownership of the original or copies of the work (excluding copies of a cinematographic work in the case of a work reproduced in the cinematographic work; the same shall apply hereinafter in this Article).
    (2) The provisions of the preceding paragraph shall not apply in the case of the transfer of ownership of such original or copies of a work as falling within any of the following items.
    (i) the original or copies of a work the ownership of which has been transferred to the public by a person who has the right mentioned in the preceding paragraph or with the authorization of such person;
    (ii) copies of a work the ownership of which has been transferred to the public under the authority of a compulsory license under the provisions of Article 67, paragraph (1) or Article 69s or with a license under the provisions of Article 5, paragraph (1) of the Law concerning the Exceptional Provisions to the Copyright Law required in consequence of the Enforcement of the Universal Copyright Convention (Law No.86, of 1956);
    (iii) copies of a work the ownership of which has been transferred to the public in accordance with the provisions of Article 67bis, paragraph (1);
    (iv) the original or copies of a work the ownership of which has been transferred to a small number of specific persons by a person who has the right mentioned in the preceding paragraph or with the consent of such person;
    (v) the original or copies of a work the ownership of which has been transferred, outside this country, without prejudice to the right equivalent to that mentioned in the preceding paragraph or by a person who has the right equivalent to that mentioned in that paragraph or with the consent of such person.

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

    (Rights of translation, adaptation, etc.)
    Article 27.
    The author shall have the exclusive rights to translate, arrange musically or transform, or dramatize, cinematize, or otherwise adapt his work.

    (Right of the original author in the exploitation of a derivative work)
    Article 28.
    In the exploitation of a derivative work, the author of the pre-existing work shall have the same rights as those the author of the derivative work has under the provisions of this Subsection.

    Subsection 4 Ownership of Copyright in Cinematographic Works

    Article 29. (1) Copyright in a cinematographic work, to which the provisions of Article 15, paragraph (1), the next paragraph and paragraph (3) of this Article are not applicable, shall belong to the maker of that work, provided that the authors of the work have undertaken to participate in the making thereof.
    (2) In the case of a cinematographic work, which is made by a broadcasting organization alone for use exclusively for broadcasting purposes and to which the provision of Article 15, paragraph (1) is not applicable, the following rights comprised in the copyright therein shall belong to that organization as the maker of cinematographic works:
    (i) rights to broadcast that work, and to diffuse by wire the work thus broadcast, to make the interactive transmission (including the making transmittable by means of inputting information to an interactive transmission server already connected with telecommunication networks for public use) of such work, and to communicate such work publicly by means of a receiving apparatus;
    (ii) rights to reproduce that work, and to distribute its copies thus reproduced among other broadcasting organizations.
    (3) In the case of a cinematographic work, which is made by a wire diffusion organization alone for use exclusively for wire diffusion purposes and to which the provision of Article 15, paragraph (1) is not applicable, the following rights comprised in the copyright therein shall belong to that organization as the maker of cinematographic works:
    (i) rights to diffuse by wire that work, and to communicate publicly by means of a receiving apparatus the work thus diffused by wire;
    (ii) rights to reproduce that work, and to distribute its copies thus reproduced among other wire diffusion organizations.

    Subsection 5 Limitations on Copyright

    (Reproduction for private use)
    Article 30.
    (1) It shall be permissible for a user to reproduce by himself a work forming the subject matter of copyright (hereinafter in this Subsection referred to as a "work") for the purpose of his personal use, family use or other similar uses within a limited circle (hereinafter referred to as "private use"), except in the case:
    (i)where such reproduction is made by means of automatic reproducing machines ("automatic reproducing machine" means a machine having reproducing functions and in which all or main parts of reproducing devices are automatic) placed for the use by the public;
    (ii) where such reproduction is made by a person who knows that such reproduction becomes possible by the circumvention of technological protection measures or it ceases to cause obstruction, by such circumvention, to the results of acts deterred by such measures ("circumvention" means to enable to do acts prevented by technological protection measures or to stop causing obstruction to the results of acts deterred by such measures, by removal or alteration of signals ...mentioned in Article 2, paragraph (1), item (xx)...; ("removal" or "alteration" does not include such removal or alteration as is conditional upon technology involved in the conversion of recording or transmission systems)...or by reversion of such works, performances, phonograms, or sounds or images of broadcasts or wire diffusions as converted in accordance with a specific conversion required mentioned in that item ("reversion" does not include that made based upon the will of a person who has copyright, etc.);...the same shall apply in Article 120bis, items (i) and (ii))
    (iii) where a digital sound or visual recording is made by a person who knows that such recording is made upon reception of an interactive transmission which infringes copyright (including an interactive transmission which is made outside this country and which would constitute an infringement on copyright if it was made in this country);
    (2) Any person who, for the purpose of private use, makes sound or visual recording on such a digital recording medium as specified by Cabinet Order by means of such a digital recording machine as specified by Cabinet Order (excluding a machines having special efficiency generally not for private use but for business use, such as that for broadcasting, and b machines having sound or visual recording functions incidental to the primary functions, such as telephones with sound recording function) shall pay a reasonable amount of compensation to the copyright owners concerned.

    (Exploitation of incidental objective works)
    Article 30bis.
    (1) In the creation of a work by means of photography or sound or visual recording (hereinafter in this paragraph referred to as "photography, etc.") and incidentally to that creation, it shall be permissible to reproduce or adapt another work included in such things or sounds as are incidental objectives of photography, etc. (another work is limited to a work which is to form a slight component part of the former work; hereinafter in this Article referred to as "an incidental objective work") because of the difficulty in being separated from objective things or sounds of photography, etc. of the former work (hereinafter in this Article referred to as "a photographic or other work"); provided, however, that such reproduction or adaptation does not unreasonably prejudice the interests of the copyright owner in the light of the nature and the purpose of that incidental objective work as well as the form of that reproduction or adaptation.
    (2) It shall also be permissible to exploit an incidental objective work reproduced or adapted in accordance with the provisions of paragraph (1), incidentally to the exploitation of a photographic or other work mentioned in paragraph (1); provided, however, that such exploitation does not unreasonably prejudice the interests of the copyright owner in the light of the nature and the purpose of that incidental objective work as well as the form of that exploitation.

    (Exploitation in the course of an examination)
    Article 30ter.
    It shall be permissible, for a person who intends to exploit a work with the authorization of the copyright owner or under the authority of a compulsory license mentioned in Article 67, paragraph(1), Article 68, paragraph(1) or Article 69, to exploit that work to the extent deemed necessary, for the purpose of an offer to use in the course of an examination of such exploitation (such course includes the course waiting for that authorization or that compulsory license); provided, however, that such exploitation does not unreasonably prejudice the interests of the copyright owner in the light of the nature and the purpose of that work as well as the form of that exploitation.

    (Exploitation for the use in a test for the development or the practical use of technology)
    Article 30quater.
    It shall be permissible to exploit a work already made public, to the extent deemed necessary, in the case of an offer to use in a test for the development or the practical use of technology required for sound or visual recording or other exploitation of that work.

    (Reproduction, etc. in libraries, etc.)
    Article 31.
    (1) It shall be permissible to reproduce a work included in library materials ("library materials" in this Article means books, documents and other materials held in the collection of libraries, etc.) within the scope of the non-profit-making activities of libraries, etc. ("libraries, etc." in this paragraph and paragraph(3) means the National Diet Library as well as libraries and other establishments, designated by Cabinet Order, having the purpose, among others, to offer library materials for the use by the public) in the following cases:
    (i) where, at the request of a user and for the purpose of his own research study, he is furnished with a single copy of a part of a work already made public (or of all of an individual work reproduced in a periodical already published for a considerable period of time; the same shall apply in paragraph(3));
    (ii) where the reproduction is necessary for the purpose of preserving library materials;
    (iii) where other libraries, etc. are furnished with a copy of library materials which are rarely available through normal trade channel because the materials are out of print or for other similar reasons (hereinafter in this Article, referred to as "out-of-print or similar materials").
    (2) In addition to the cases mentioned in each item of the preceding paragraph, it shall also be permissible for the National Diet Library to record on a memory a work included in its library materials, to the extent deemed necessary, in the case where an electro-magnetic record ("electro-magnetic record" means a record which is made by electronic or magnetic means or by other means not perceivable by human perception and which is used for information processing by computer; the same shall apply hereinafter) is made for the public use as a substitute for an original included in its library materials, for the purpose of avoiding the destruction, the damage or the stain of such original by the public use ...or for the exploitation of a work included in out-of-print or similar materials by means of an interactive transmission (including the making transmittable; the same shall apply in paragraph (3)) in accordance with the provisions of paragraph (3).
    (3) It shall be permissible for the National Diet Library to make an interactive transmission of a work included in out-of-print or similar materials by using a copy of that work recorded on a memory in accordance with the provisions of paragraph(2), for the purpose of the making available to the public of that work in libraries, etc. In this case, it shall also be permissible for libraries, etc. to make a single copy of a part of that work which is made of an interactive transmission, within the scope of their non-profit-making activities, at the request of a user of libraries, etc. and for the purpose of his own research study, and to furnish him with such a single copy.

    (Quotations)
    Article 32.
    (1) It shall be permissible to make quotations from a work already made public, provided that their making is compatible with fair practice and their extent does not exceed that justified by purposes such as news reporting, criticism or research.
    (2) It shall also be permissible for the press or other periodicals to reproduce informatory, investigatory or statistical data, reports and other works of similar character which have been prepared by organs of the State or local public entities, independent administrative organs or local independent administrative organs for the purpose of public information and which have been made public under their authorship, provided that the reproduction thereof is not expressly prohibited.

    (Reproduction in school textbooks, etc.)
    Article 33.
    (1) It shall be permissible to reproduce in school textbooks ("school textbooks" means textbooks authorized by the Minister of Education and Science or those compiled under the authorship of the Ministry of Education and Science to be used for the education of children or pupils in primary schools, junior high schools,compulsory education schools or senior high schools or other similar schools; the same shall apply hereinafter) works already made public, to the extent deemed necessary for the purpose of school education.
    (2) A person who makes such reproduction shall inform the author thereof and pay to the copyright owner compensation, the amount of which is fixed each year by the Commissioner of the Agency for Cultural Affairs, by taking into account the purpose of the provision of the preceding paragraph, the nature and the purpose of the work, the ordinary rate of royalty, and other conditions.
    (3) The Commissioner of the Agency for Cultural Affairs shall announce in the Official Gazette the amount of compensation fixed in accordance with the provision of the preceding paragraph.
    (4) The provisions of the preceding three paragraphs shall apply mutatis mutandis with respect to the reproduction of works in textbooks intended for correspondence courses of senior high school education (including the latter stage of high school education) and in guidance books of school textbooks intended for teachers (these guidance books shall be limited to those published by the same publisher of the textbooks).

    (Reproduction for preparing a textbook in large print)
    Article 33bis.
    (1) It shall be permissible to reproduce works already reproduced in a school textbook, by means of the enlargement of print letters, illustrations, etc. used in that textbook or by means of other systems required for the use of such works by children or pupils who have difficulty in using such works because of their visual, developmental or other handicaps, for the purpose of study use by such handicapped children or pupils.
    (2) A person who intends to prepare a textbook or other copies reproducing such works (only such textbook as reproducing all of or a considerable part of such works excluding such textbook or copies reproduced in Braill; hereinafter in this paragraph referred to as "textbook in large print, etc.") shall inform in advance the publisher of the former textbook thereof and, in the case of distributing copies of such textbook in large print for profit-making purposes, pay to the copyright owners concerned compensation, the amount of which is fixed each year by the Commissioner of the Agency for Cultural Affairs in proportion to the amount of compensation mentioned in paragraph (2) of the preceding Article.
    (3) The Commissioner of the Agency for Cultural Affairs shall announce in the Official Gazette the amount of compensation fixed in accordance with the provisions of the preceding paragraph.
    (4) A person who makes an offer of electro-magnetic records of works reproduced in a textbook, under with the provisions of Article 5, paragraph (1) or (2) of the Law for the Promotion, etc. of the spread of Specific Textbooks, etc. for the Use by Handicapped Children and Pupils (Law No. 81, of 2008), may exploit such works, to the extent deemed necessary for the purpose of such offer.

    (Broadcasting, etc. in school education programs)
    Article 34.
    (1) It shall be permissible to broadcast or diffuse by wire a work already made public, in broadcasting programs or wire diffusion programs which conform to the curriculum standards provided for in regulations on school education, or to make the interactive transmission (including the making transmittable by means of inputting information to an interactive transmission server already connected with telecommunication networks for public use) of such work simultaneously upon receiving such broadcasts, exclusively for the purpose of reception within service areas ("service areas" means those mentioned in Article 91, paragraph (2), item (ii) of the Broadcast Act (Law No.132, of 1950) or, in the case of broadcasting for which such areas are not specified, those mentioned in Article 14, paragraph (2), item (iii) of the Wireless Telegraphy Act (Law No.131, of 1950); the same shall apply hereinafter) intended for by such broadcasting, and to reproduce it in teaching materials for these programs, to the extent deemed necessary for the purpose of school education.
    (2) A person who makes such exploitation of a work shall inform the author thereof and pay to the copyright owner a reasonable amount of compensation.

    (Reproduction, etc. in schools and other educational institutions)
    Article 35.
    (1) A person who is in charge of teaching and those who are taught in a school or other educational institutions (except those institutions established for profit-making) may reproduce a work already made public if and to the extent deemed necessary for the purpose of use in the course of lessons, provided that such reproduction does not unreasonably prejudice the interests of the copyright owner in the light of the nature and the purpose of the work as well as the number of copies and the form of reproduction.
    (2) In the case of the exploitation of a work already made public, by offering or making public the original or copies of such work to those who take lessons directly in the course of lessons in educational institutions mentioned in the preceding paragraph, or in the case of the exploitation of such work by publicly performing, presenting or reciting it in accordance with the provision of Article 38, paragraph (1) in the course of such lessons, it shall be permissible to make the public transmission (including the making transmittable in the case of the interactive transmission) of such work intended for reception by those who take lessons at the same time at a place other than that where such lessons are given; provided, however, that such transmission does not unreasonably prejudice the interests of the copyright owner in the light of the nature and the purpose of the work as well as the form of the transmission.

    (Reproduction, etc. in examination questions)
    Article 36.
    (1) It shall be permissible to reproduce or make the public transmission (excluding the broadcasting or wire diffusion, and including the making transmittable in the case of the interactive transmission; the same shall apply in next paragraph) of, a work already made public as questions for an entrance examination or other examinations of knowledge or skill, or such examination for a license, to the extent deemed necessary for such purpose; provided, however, that such transmission does not unreasonably prejudice the interests of the copyright owner in the light of the nature and the purpose of the work as well as the form of the transmission.
    (2) A person who makes such reproduction or public transmission for profit-making purposes shall pay to the copyright owner compensation the amount of which corresponds to an ordinary rate of royalty.

    (Reproduction, etc. for the visually handicapped, etc.)
    Article 37.
    (1) It shall be permissible to reproduce in braille a work already made public.
    (2) It shall be permissible to record on a memory, or to make the public transmission (excluding the broadcasting or wire diffusion, and including the making transmittable in the case of the interactive transmission) of, a work already made public, by means of a braille processing system using a computer.
    (3) For a person, designated by Cabinet Order, who does activities for the welfare of the visually handicapped and others having a handicap in perceiving visual expressions (hereinafter in this paragraph and in Article 102, paragraph (4) referred to as "the visually handicapped, etc."), it shall be permissible to reproduce, or make the interactive transmission (including the making transmittable) of, a word, already made public, which has been offered or made available to the public by means for perceiving visually (including means for perceiving visually and by other perception) its expression (including another work which has been reproduced in the former work or which has been offered or made available to the public in a body united with the former work; hereinafter in this paragraph and in Article 102, paragraph (4) referred to as "visual work"), by means of converting written words of such visual work into oral words or by other means necessary for the use by such visually handicapped, etc., and to the extent deemed necessary for the use exclusively by the visually handicapped, etc. having a difficulty in using such visual work by the former means. However, an exception is made in the case where such visual work has been offered or made available to the public by such means, by the copyright owner or with his authorization or by a person in favour of whom the right of publication mentioned in Article 79 has been established or with the authorization of such person to reproduce a work or to transmit a work publicly.

    (Reproduction, etc. for the aurally handicapped)
    Article 37bis.
    For a person, designated by Cabinet Order according to the types of exploitations mentioned in the following items, who does activities for the welfare of the aurally handicapped and others having a handicap in perceiving aural expressions (hereinafter in this Article and in paragraph (5) of next Article referred to as "aurally handicapped, etc."), it shall be permissible to make the exploitations, mentioned in the following items, of a work, already made public, which has been offered or made available to the public by means for perceiving aurally (including means for perceiving aurally and by other perception) its expression (including another work which has been reproduced in the former work or which has been offered or made available to the public in a body united with the former work; hereinafter in this Article referred to as "aural work"), to the extent deemed necessary for the use exclusively by the aurally handicapped, etc. having a difficulty in using such aural work by the former means. However, an exception is made in the case where such aural work has been offered or made available to the public, by means necessary for the use by such aurally handicapped, etc., by the copyright owner or with his authorization, or by a person in favor of whom the right of publication mentioned in Article 79 has been established or with the authorization of such person to reproduce a work or to transmit a work publicly.
    (i) reproduction or making of the interactive transmission (including the making transmittable) of aural words of such aural work, by means of converting such aural words into written words or by other means necessary for the use by such aurally handicapped, etc. ;
    (ii) reproduction of such aural work exclusively for the purpose of lending it for the use by the aurally handicapped, etc. (only such reproduction as made together with that of aural words of such aural work by means of converting such aural words into written words or by other means necessary for the use by such aurally handicapped, etc.).

    (Performance, etc. not for profit-making)
    Article 38.
    (1) It shall be permissible to publicly perform, present and recite a work already made public, for non-profit-making purposes and without charging any fees ("fees" includes any kind of charge to be imposed on the offering and the making available of a work to the public; the same shall apply hereinafter in this Article) to audience or spectators; provided, however, that the performers or reciters concerned are not paid any remuneration for such performance, presentation or recitation.
    (2) It shall be permissible, for non-profit-making purposes and without charging any fees to audience or spectators, to diffuse by wire a word already broadcast or to make the interactive transmission (including the making transmittable by means of inputting information to an interactive transmission server already connected with telecommunication networks for public use) of such work, exclusively for the purpose of reception within the service areas intended for by such broadcasting.
    (3) It shall be permissible to communicate publicly, by means of a receiving apparatus, a work already broadcast or diffused by wire (including such work broadcast in the case where the interactive transmission of that work is made), for non-profit-making purposes and without charging any fees to audience or spectators. The same shall apply to such public communication made by means of a receiving apparatus of a kind commonly used in private homes.
    (4) It shall be permissible to offer to the public a work (except a cinematographic work) already made public, by lending copies of the work (excluding copies of a cinematographic work in the case of a work reproduced in the cinematographic work) for non-profit-making purposes and without charging any fees to borrowers of such copies.
    (5) For audiovisual education establishments and other establishments not for profit-making, designated by Cabinet Order, having the purposes, among others, to offer cinematographic films and other audiovisual materials for the use by the public as well as a person, designated by Cabinet Order mentioned in the preceding Article, who does activities for the welfare of the aurally handicapped, etc. (only such person as concerned with item (ii) of that Article, and excluding a person who does such activities for profit-making purposes), it shall be permissible to distribute a cinematographic work already made public, by lending copies of the work, without charging any fees to borrowers of such copies. In this case, a person who makes such distribution shall pay a reasonable amount of compensation to the owner of the right mentioned in Article 26 (including the owner of the same right as that mentioned in Article 26 in accordance with the provisions of Article 28) with respect to such a cinematographic work or a work reproduced in that cinematographic work.

    (Reproduction, etc. of articles on current topics)
    Article 39.
    (1) It shall be permissible to reproduce in the press, to broadcast and diffuse by wire articles published in newspapers or periodicals on current political, economic or social topics, not having a scientific character, or to make the interactive transmission (including the making transmittable by means of inputting information to an interactive transmission server already connected with telecommunication networks for public use) of such articles simultaneously upon receiving such broadcasts, exclusively for the purpose of reception within service areas intended for by such broadcasting; provided that such reproduction, broadcasting, wire diffusion or making the interactive transmission thereof is not expressly prohibited.
    (2) It shall also be permissible to communicate publicly, by means of a receiving apparatus, articles thus broadcast, diffused by wire or of which the interactive transmission has been made.

    (Exploitation of political speeches, etc.)
    Article 40.
    (1) It shall be permissible to exploit, by any means, political speeches delivered in public and speeches delivered in the course of judicial proceedings (including those corresponding to judicial proceedings such as determinations by administrative agencies; the same shall apply in Article 42, paragraph (1)), except such exploitation as involves a collection of the works of the same author.
    (2) To the extent justified by the informatory purpose, it shall be permissible to reproduce in the press, to broadcast or to diffuse by wire speeches not falling within the preceding paragraph, which are delivered in public by organs of the State or local public entities, independent administrative organs or local independent administrative organs, or to make the interactive transmission (including the making transmittable by means of inputting information to an interactive transmission server already connected with telecommunication networks for public use) of such speeches simultaneously upon receiving such broadcasts, exclusively for the purpose of reception within service areas intended for by such broadcasting.
    (3) It shall also be permissible to communicate publicly, by means of a receiving apparatus, speeches thus broadcast, diffused by wire or of which the interactive transmission has been made.

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

    (Reproduction for judicial proceedings, etc.)
    Article 42.
    (1) It shall be permissible to reproduce a work if and to the extent deemed necessary for the purpose of judicial proceedings and of internal use by legislative or administrative organs, provided that such reproduction does not unreasonably prejudice the interests of the copyright owner in the light of the nature and the purpose of the work as well as the number of copies and the form of reproduction.
    (2) The provisions of the preceding paragraph shall also apply if and to the extent deemed necessary for the purpose of the following proceedings:
    (i) proceedings relating to examinations for patents, industrial designs or trademarks, or relating to technical valuations of utility models, or relating to international examinations or preliminary examinations for international applications ("international applications" means those mentioned in Article 2 of the Act on International Applications, etc. under the Patent Cooperation Treaty (Law No.30, of 1978), made by government offices;
    (ii) proceedings relating to examinations, made by government offices or independent administrative organs, on medicinal matters (including matters relating to medical appliances ("medical appliances" means those mentioned in Article 2, paragraph (4) of the Act on the Assurance, etc. of Quality, Efficacy and Safety of Medicaments, Medical Appliances, etc. (Law No.145, of 1960)) and goods for regeneration medical service, etc. (such “goods” means those mentioned in that Article, paragraph (9)); the same shall apply hereinafter in this item), or relating to reports on medicinal matters made to government offices or independent administrative organs.

    (Exploitation for disclosure by the Government Organizations Information Disclosure Law, etc.)
    Article 42bis.
    For the purpose of offering to or making available to the public of a work in accordance with the provisions of the Government Organizations Information Disclosure Law, the Independent Administrative Organs, etc. Information Disclosure Law or the Information Disclosure Regulations, the head of a government organization, an independent administrative organ, etc., an organ of a local public entity or a local independent administrative organ may exploit the work if and to the extent deemed necessary for the purpose of the disclosure by means mentioned in Article 14, paragraph (1) of the Government Organizations Information Disclosure Law (including the provisions of Cabinet Order under that paragraph) by means mentioned in Article 15, paragraph (1) of the Independent Administrative Organs, etc. Information Disclosure Law (including means decided by the independent administrative organ, etc. concerned under that paragraph and excluding means other than those provided for by Cabinet Order under the provisions of Article 14, paragraph (1) of the Government Organizations Information Disclosure Law) or by means provided for in the Information Disclosure Regulations (excluding means other than those mentioned in Article 14, paragraph (1) of the Government Organizations Information Disclosure Law).

    (Exploitation for the preservation, etc., under the Official Documents Preservation Law, etc.)
    Article 42ter .
    (1) It shall be permissible for the Head of the National Archives, etc. or the head of the local archives, etc. to reproduce a work included in a historical official document, to the extent deemed necessary, for the purpose of preserve that historical official document in accordance with the provisions of Article 15, paragraph (1) of the Official Documents Preservation Law or such provisions of the Official Documents Preservation Regulations as are equivalent to those of that paragraph.
    (2) It shall also be permissible for the Head of the National Archives, etc. or the head of the local archives, etc. to exploit a work, to the extent deemed necessary for offering to use by means mentioned in Article 19 of the Official Documents preservation Law (including the provisions of a Cabinet Order under the provisions of that Article; the same shall apply hereinafter in this paragraph) or by means mentioned in the Official Documents Preservation Regulations (excluding other means than those mentioned in that Article), for the purpose of offering to or making available to the public that work in accordance with the provisions of Article 16, paragraph (1) of the Official Documents Preservation Law or such provisions of the Official Documents Preservation Regulations as are equivalent to those of that paragraph.

    (Reproduction for collecting internet materials or on-line materials under the National Diet Library Law)
    Article 42quater .
    (1) It shall be permissible for the Chief librarian of the National Diet Library to record on memories used by the National Diet Library such works as included in internet materials mentioned in Article 25ter, paragraph (1) of the National Diet Library Law (Law No.5, of 1948) (hereinafter in this Article referred to as "internet materials") or included in on-line materials mentioned in Article 25quater, paragraph (3) of that Law, to the extent deemed necessary for collecting such internet materials under the provisions of that paragraph (1) or such on-line materials under the provisions of that paragraph (3).
    (2) It shall be permissible for the following parsons to reproduce such works as included in the following materials, to the extent deemed necessary for furnishing such materials:
    (i) persons mentioned in Articles 24 and 24bis of the National Diet Library Law: internet materials to be furnished upon request under the provisions of Article 25ter, paragraph (3) of that Law;
    (ii) persons other than those mentioned in Articles 24 and 24bis of the National Diet Library Law: on-line materials, mentioned in Article 25quater, paragraph (1) of that Law, to be furnished upon request under the provisions of that paragraph (1).

    (Exploitation by means of translation, adaptation, etc.)
    Article 43.
    The exploitation of works permitted under the provisions mentioned below shall include that made by the following means:
    (i) Article 30, paragraph (1) or Article 33, paragraph (1) (including the case where its application mutatis mutandis is provided for under the provision of paragraph (4) of the same Article), Article 34, paragraph (1) or Article 35: translation, musical arrangement, transformation, and adaptation;
    (ii) Article 31, paragraph (1), item (i) on the second sentence of paragraph(3), Article 32 or 36, Article 37, paragraph (1) or (2), Article 39, paragraph (1), Article 40, paragraph (2), or Article 41 or 42: translation;
    (iii) Article 33bis, paragraph (1): transformation, and adaptation;
    (iv) Article 37, paragraph (3): translation, transformation, and adaptation;
    (v) Article 37bis: translation, and adaptation.

    (Ephemeral recordings by broadcasting organizations, etc.)
    Article 44.
    (1) Broadcasting organizations may make ephemeral sound or visual recordings of a work which they are in a position to broadcast, without prejudice to the right of the author mentioned in Article 23, paragraph (1), for the purpose of their own broadcasts and by the means of their own facilities or facilities of other broadcasting organizations which are in a position to broadcast the same work.
    (2) Wire diffusion organizations may make ephemeral sound or visual recordings of a work which they are in a position to diffuse by wire, without prejudice to the right of the author mentioned in Article 23, paragraph (1), for the purpose of their own wire diffusions (except those made upon receiving broadcasts) and by the means of their own facilities.
    (3) It shall not be permissible to preserve such ephemeral recordings made in accordance with the provisions of the preceding two paragraphs for a period exceeding six months after their making or, if the recordings are broadcast or diffused by wire within this period, for a period exceeding six months after that broadcasting or wire diffusion; provided, however, that such preservation is permitted if the preservation in official archives is authorized by Cabinet Order.

    (Exhibition of an artistic work, etc. by the owner of the original thereof)
    Article 45.
    (1) The original of an artistic work or a photographic work may be publicly exhibited by its owner or with his authorization.
    (2) The provision of the preceding paragraph shall not apply with respect to the permanent location of the original of an artistic work in open places accessible to the public, such as streets and parks, or at places easily seen by the public, such as the outer walls of buildings.

    (Exploitation of an artistic work, etc. located in open places)
    Article 46.
    It shall be permissible to exploit artistic works permanently located in such open places as mentioned in paragraph (2) of the preceding Article and architectural works by any means not falling within any of the following items:
    (i) multiplication of a sculpture and offering it to the public by transfer of ownership of its copies;
    (ii) imitative reproduction of an architectural work and offering it to the public by transfer of ownership of its copies;
    (iii) reproduction of a work for the purpose of locating it permanently in such open places as mentioned in paragraph (2) of the preceding Article;
    (iv) reproduction of an artistic work exclusively for the purpose of selling its copies and sale of such copies.

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

    (Reproduction, etc. required for an offer of a transfer of ownership, etc. of an artistic work, etc.)
    Article 47bis.
    In the case where the owner of an original or a copy of an artistic work or a photographic work, or other person having an authority for a transfer of ownership or a lending of such original or copy intends to transfer or lend such original or copy without prejudice to the right mentioned in Article 26bis, paragraph (1) or Article 26ter, such person having such authority or his trustee may, for the use for such offer, make the reproduction or the public transmission (including the making transmittable in the case of an interactive transmission) of such work (only such reproduction or public transmission as is made by taking measures, designated by Cabinet Order, to prevent or deter the reproduction which is made of such work by using a copy made by such reproduction or which is made of such work upon reception of such public transmission, or other measures, designated by Cabinet Order, not to unduly prejudice to the interests of the copyright owner).

    (Reproduction, etc. by the owner of a copy of a program work)
    Article 47ter.
    (1) The owner of a copy of a program work may make copies or adaptations (including the making copies of a derivative work created by means of adaptation) of that work if and to the extent deemed necessary for the purpose of exploiting that work on a computer by himself, provided that the provisions of Article 113, paragraph (2) does not apply to the use made of such copies in connection with such exploitation.
    (2) If the owner of copies mentioned in the preceding paragraph has ceased to have the ownership of any of copies mentioned in that paragraph (including copies made in accordance with the provisions of that paragraph) for reasons other than those of destruction, he may not thereafter preserve other copies in the absence of any declaration of the intention of the copyright owner to the contrary.

    (Temporary reproduction for the purpose of maintenance, repair, etc.)
    Article 47quater.
    (1) In the case of the maintenance or repair of a reproducing machine with a built-in memory ("reproducing machine with a built-in memory" means a machine having reproducing functions and which makes reproduction by means of recording on a memory built in the machine (hereinafter in this Article referred to as "built-in memory"; the same shall apply in the next paragraph)), works recorded on such built-in memory may be recorded temporarily on a memory other than that built-in memory to the extent deemed necessary and may be recorded on that built-in memory after such maintenance or repair.
    (2) In the case of the change of a reproducing machine with a built-in memory for another machine of the same kind due to a manufacturing defect of the former machine or a breakdown made in the course up to the sale of that machine, works recorded on that built-in memory may be recorded temporarily on a memory other than that built-in memory to the extent deemed necessary and may be recorded on a built-in memory of that another machine of the same kind.
    (3) A person who has recorded works on a memory other than a built-in memory under the provisions of the preceding two paragraphs may not reserve such copies of works recorded on that built-in memory after the maintenance or repair or the change made under these provisions.

    (Reproduction for the prevention, etc. of a difficulty in transmission)
    Article 47quinquies.
    (1) For a person, who engages in the business of providing an interactive transmission server, etc. ("interactive transmission server, etc." means an interactive transmission server and a specified transmission server ("specified transmission server" means a server which, when connected with telecommunication networks, has a function of making a specified transmission of information which is either recorded on such a part of its memory as used for the specified transmission (in item (i) referred to as "specified transmission memory") ("specified transmission" means the public transmission, designated by Cabinet Order, of radio communication or wire-telecommunication, other than the interactive transmission; the same shall apply hereinafter in this paragraph) or inputted to such device; the same shall apply hereinafter in this Article) for the use for the interactive transmission, etc. made by others, it shall be permissible to record on memories, mentioned in the following items, works of which the making transmittable, etc. ("making transmittable, etc." means the making transmittable and the act for enabling a specified transmission, designated by Cabinet Order; the same shall apply hereinafter in this Article) is made by means of such interactive transmission server, to the extent deemed necessary for the purposes mentioned in the following items, respectively:
    (i) for the purpose of preventing a delay in transmission caused by the concentration of demands for interactive transmission, etc. upon such interactive transmission server, etc. or a difficulty in transmission caused by a trouble with such interactive transmission server, etc. : memories, other than public transmission memories, etc. ("public transmission memories, etc." means public transmission memories and specified transmission memories; the same shall apply in next item) concerned with the making transmittable etc., which are intended for the use for interactive transmission, etc. concerned with the making transmittable, etc.;
    (ii) for the purpose of restoring a copy, destroyed or damaged, of a work which has been recorded on s public transmission memory, etc. concerned with the making available, etc.: memories (excluding public transmission memories, etc.) other than the public transmission memories, etc.
    (2) In the case where a person, who engages in the business of providing an interactive transmission server, etc. for the use for the interactive transmission, etc. made by others, makes a transmission for relaying an interactive transmission, etc. of a work of which the transmittable, etc. has been made (excluding a work of which the making transmittable, etc. has been made by means of an interactive transmission server, etc., he may record such work on a part, to be used for such transmission, of a memory of such interactive transmission server, etc., to the extent deemed necessary for efficiently making a transmission for relaying an interactive transmission, etc., of such work, made after such transmission.
    (3) The following persons may not reserve copies of works, made in accordance with the provisions of the following items, after the time mentioned in the following items, respectively:
    (i) a person who has recorded a work on a memory in accordance with the provisions of paragraph (1) (only the part concerned with item (i) ) or the preceding paragraph): when it is considered that it is no more necessary to reserve such copies for the purposes mentioned in these provisions, or when he has noticed that the making transmittable, etc., of the work concerned infringes copyright (in the case of a making transmittable, etc. made outside this country, a making transmittable which would constitute infringement on copyright if it was made in this country);
    (ii) a person who has recorded a work on a memory in accordance with the provisions of paragraph (1) (only the part concerned with item (i): when it is considered that it is no more necessary to reserve such copies for the purpose mentioned in that item.

    (Reproduction, etc. for a retrieval, etc. of a transmitter identification code of information which has been made transmittable)
    Article 47sexies.
    For a person who engages in the business of retrieving a transmitter identification code of information which has been made transmittable ("a transmitter identification code "means a letter, a number, a symbol or another code for identifying a transmitter of an interactive transmission; the same shall apply hereinafter in this Article) and of offering the result thereof, in response to a request from the public (including a person who engages in a part of such business, and limited to a person who does the collection, the arrangement and the offer of information which has been made transmittable, in accordance with the standard designated by Cabinet Order), it shall be permissible, to the extent deemed necessary for such retrieval and such offer of the result thereof, to make recording on a memory or make adaptation (including recording of a derivative work created by such adaptation) of a work which has been made transmittable (in the case where measures are taken for demanding an input of information for identifying a receiver of an interactive transmission of such work, or where other measures are taken for limiting a reception of such transmission, only a work in respect of which the consent has been granted by a person who has taken such measures for reception of such interactive transmission), and to make, in response to a request from the public, an interactive transmission (including the making transmittable) by using a copy concerned with a transmitter identification code out of copies of such work recorded on a memory (including copies of a derivative work of such work; hereinafter in this Article referred to as "retrieval result offering record" together with an offering of a transmitter identification code of information, which has been transmittable, concerned with such demand. However, he may not make an interactive transmission (including the making transmittable) by using such retrieval result offering record after he has noticed that the making transmittable of a work concerned with such retrieval result offering record infringes copyright (in the case of a making transmittable made outside this country, a making transmittable which would constitute an infringement on copyright if it was made in this country).

    (Reproduction, etc. for information analysis)
    Article 47septies.
    For the purpose of information analysis ("information analysis" means to extract information, concerned with languages, sounds, images or other elements constituting such information, from many works or other much information, and to make a comparison, a classification or other statistical analysis of such information; the same shall apply hereinafter in this Article) by using a computer, it shall be permissible to make recording on a memory, or to make adaptation (including a recording of a derivative work created by such adaptation), of a work, to the extent deemed necessary. However, an exception is made of database works which are made for the use by a person who makes an information analysis.

    (Reproduction required for the exploitation of works on computer)
    Article 47octies.
    In the case where a work is exploited on a computer by using copies of such work, or where a work is exploited upon reception of transmission of such work transmitted by means of radio communication or wire-telecommunication, it shall be permissible to record such work on a memory of computer in the course of information processing by such computer for such exploitation, to the extent deemed necessary for making such information processing smoothly and efficiently.

    (Exploitation for information processing required for the preparation of offering information by using information transmission technology)
    Article 47novies.
    It shall be permissible to record on memory or adapt a work (including a recording of a derivative work created by such adaptation), to the extent deemed necessary, for the purpose of offering information by means of using information transmission technology and of making such information processing by computer as required for the preparation of making that offering smooth and efficient.

    (Transfer of ownership of copies made in accordance with the provisions of limitations on reproduction right)
    Article 47decies.
    Works permitted to be reproduced in accordance with the provisions of Article 31, paragraph (1) (only a part concerned with item (i) ; the same shall apply hereinafter in this Article) or the second sentence of paragraph(3), Article 32, Article 33, paragraph (1) (including the case where its application mutatis mutandis is provided for under the provision of paragraph (4) of the same Article), Article 33bis, paragraph (1) or (4), Article 34, paragraph (1), Article 35, paragraph (1), Article 36, paragraph (1), Article 37, Article 37bis (except item (ii) ; the same shall apply hereinafter in this Article), Article 39, paragraph (1), Article 40, paragraph (1) or (2), Articles 4l, to 42bis, Article 42 ter, paragraph(2) or Articles 46 to 47bis shall also be permitted to be offered to the public by transfer of ownership of copies made in accordance with these provisions, excluding copies of cinematographic works in cases of the provisions of Article 31, or the second sentence of paragraph(3), Article 35, paragraph (1), Article 36, paragraph (1) or Article 42 (including copies of cinematographic works in cases of works reproduced in cinematographic works; the same shall apply hereinafter in this Article). However, an exception is made in the case where the ownership of copies of works made in accordance with the provisions of Article 31, paragraph (1) or the second sentence of paragraph(3), Article 33bis, paragraph (1) or (4), Article 35, paragraph (1), Article 37, paragraph (3), Article 37bis, Articles 41 to 42bis,Article 42 ter, paragraph(2) or Article 47bis is transferred to the public for purposes other than those mentioned in Article 31, paragraph (1) or the second sentence of paragraph(3), Article 33bis, paragraph(1) or (4), Article 35, paragraph (1), Article 37, paragraph (3), Article 37bis, Articles 41 to 42bis, Article 42 ter, paragraph(2) or Article 47bis (excluding copies of cinematographic works in cases of the provisions of Article 3l, paragraph (1) or the second sentence of paragraph(3), Article 35, paragraph (1) or Article 42).

    (Indication of sources)
    Article 48.
    (1) In any of the following cases, the source must be clearly indicated in the manner and to the extent deemed reasonable by the form of the reproduction or exploitation:
    (i) where reproduction is made of works in accordance with the provisions of Article 32, Article 33, paragraph (1) (including the case where its application mutatis mutandis is provided for under the provision of paragraph (4) of the same Article), Article 33bis, paragraph (1), Article 37, paragraph (1), or Article 42 or 47;
    (ii) where exploitation is made of works in accordance with the provisions of Article 34, paragraph (1), Article 37, paragraph (3), Article 37bis, Article 39, paragraph (1), or Article 40, paragraph (1) or (2), or Article 47bis;
    (iii) where exploitation, other than reproduction, is made of works in accordance with the provision of Article 32, or where exploitation is made of works in accordance with the provisions of Article 35, Article 36, paragraph (1), Article 38, paragraph (1), or Article 41 or 46, provided that standard practice sso requires.
    (2) When indicating the source under the preceding paragraph, mention must be made of the name of the author if it appears on a work, except in the case where such indication identifies the author or the work is anonymous.
    (3) Where exploitation is made of works by translating, arranging musically, transforming or adapting them in accordance with the provision of Article 43, mention must also be made of the source as provided for in the provisions of the preceding two paragraphs.

    (Uses, etc. of copies for other purposes)
    Article 49.
    (1) The following acts shall be considered to constitute the reproduction as mentioned in Article 21:
    (i) the distribution of copies of works made in accordance with the provisions of Article 30, paragraph (1), Article 30ter, Article 31, paragraph (1), item (i) or the second sentence of paragraph(3), Article 33bis, paragraph (1) or (4), Article 35, paragraph (1), Article 37, paragraph (3), the first sentence of Article 37bis (in the case concerned with item (ii) of that Article, that item; the same shall apply in item (i) of next paragraph), or Articles 41 to 42ter, Article 42quater, paragraph (2), or Article 44, paragraph (1) or (2), Article 47bis or Article 47sexies or the making available to the public of works by the use of these copies (excluding copies falling within those mentioned in item (iv) of next paragraph), for purposes other than those mentioned in these provisions;
    (ii) the preservation by broadcasting organizations or wire diffusion organizations, of ephemeral recordings in violation of the provisions of Article 44, paragraph (3);
    (iii) the distribution of copies of works (excluding copies falling within those mentioned in item (ii) of the next paragraph) made in accordance with the provisions of Article 47ter, paragraph (1) or copies of works recorded temporarily on a memory other than a built-in memory mentioned in Article 47quater, paragraph (1) or (2) in accordance with the provisions of that paragraph, or the making available to the public of works by the use of these copies;
    (iv) the preservation of copies mentioned in Article 47bis, paragraph (2), Article 47quater, paragraph (3) or Article 47quinquies, paragraph (3) (excluding copies falling within those mentioned in item (ii) of the next paragraph) in violation of the provisions of that paragraph;
    (v) the exploitation of works by using their copies made in accordance with the provisions of Article 30quater, Article 47quinquies, paragraph (1) or (2), Article 47septies or Article 47novies (excluding copies falling within those mentioned in item (vi) of next paragraph), for purposes other than those mentioned in these provisions;
    (vi) the interactive transmission (including the making transmittable) or works by using their copies made in accordance with the provisions of the first sentence of Article 47sexies (excluding copies falling within those mentioned in item (v) of next paragraph), in violation of the provisions of the proviso to that Article;
    (vii) the exploitation of works by using their copies made in accordance with the provisions of Article 47octies, instead of using copies, mentioned in that Article, of such works, or without a reception of transmission, mentioned in that Article (in the case of an interactive transmission in response to a demand from a receiver, a reception of such transmission or a similar act designated by Cabinet Order), concerned with such works.
    (2) The following acts shall be considered to constitute the translation, musical arrangement, transformation or adaptation as mentioned in Article 27 with respect to pre-existing works of derivative works concerned:
    (i) the distribution of copies of derivative works made in accordance with the provisions of each item of Article 43, or the making available to the public of derivative works by the use of these copies, for purposes other than those mentioned in Article 30, paragraph (1), Article 31, paragraph (1), item (i) or the second sentence of paragraph(3), Article33bis, paragraph (1), Article35, paragraph (1), Article 37, paragraph (3), the first sentence of Article 37bis, or Article 41 or 42;
    (ii) the distribution of copies of derivative works made in accordance with the provision of Article 47ter, paragraph (1) or the making available to the public of derivative works by the use of these copies;
    (iii) the preservation of copies mentioned in the preceding item in violation of the provisions of Article 47ter, paragraph (2).
    (iv) the distribution of copies of derivative works made in accordance with the provision of Article 30ter or Article 47sexies or the making available to the public of derivative works by using their copies, for purposes other than those mentioned in these provisions;
    (v) the interactive transmission (including the making transmittable) of derivative works by using their copies made in accordance with the provisions of the first sentence of Article 47sexies, in violation of the provisions of the proviso to that Article;
    (vi) the exploitation of derivative works by using their copies made in accordance with the provisions of Article 30quater, Article 47septies or Article 47novies, for purposes other than those mentioned in these provisions.

    (Relationship with moral rights of authors)
    Article 50.
    No provisions of this Subsection may be interpreted as affecting the protection of the moral rights of authors.

    Section 4 Term of Protection

    (In general)
    Article 51.
    (1) The duration of copyright shall begin with the creation of the work.
    (2) Copyright shall continue to subsist until the end of a period of fifty years following the death of the author (or following the death of the last surviving co-author in the case of a joint work; the same shall apply in paragraph (1) of next Article), unless otherwise provided in this Section.

    (Anonymous or pseudonymous works)
    Article 52.
    (1) Copyright in an anonymous or pseudonymous work shall continue to subsist until the end of a period of fifty years following the making public of the work, provided that copyright subsisting in such work, the author of which is presumed to have been dead for fifty years, shall be considered expired as of the time when the author is so presumed to have been dead.
    (2) The provisions of the preceding paragraph shall not apply in any of the following cases:
    (i) where the pseudonym adopted by the author is generally known as that of his own;
    (ii) where, within the period mentioned in the preceding paragraph, the author causes his true name to be registered in accordance with the provision of Article 75, paragraph (1);
    (iii) where, within the period mentioned in the preceding paragraph, the author has made public his work on which he indicates his true name or generally known pseudonym as the name of the author.

    (Works bearing the name of a corporate body)

    Article 53. (1) Copyright in a work bearing as the name of the author that of a legal person or other corporate body shall continue to subsist until the end of a period of fifty years following the making public of the work or the creation of the work if it has not been made public within a period of fifty years following its creation.
    (2) The provisions of the preceding paragraph shall not apply in the case where, within the period mentioned in the preceding paragraph, a person who is the author of a work bearing as the name of the author that of a legal person or other corporate body, has afterwards made public the work on which he indicates his true name or generally known pseudonym as the name of the author.
    (3) With respect to the duration of copyright in a work the authorship of which is attributed to a legal person or other corporate body in accordance with the provisions of Article 15, paragraph (2), the provision of paragraph (1) shall apply to such work not falling within that mentioned in paragraph (1) as if such work bore the name of such corporate body as the author.

    (Cinematographic works)
    Article 54. (1) Copyright in a cinematographic work shall continue to subsist until the end of a period of seventy years following the making public of the work or the creation of the work if it has not been made public within a period of seventy years following its creation.
    (2) When copyright in a cinematographic work has expired at the end of its duration, copyright subsisting in the original work adapted cinematographically shall also expire but only with respect to the exploitation of the cinematographic work.
    (3) The provisions of the preceding two Articles shall not apply to copyright in cinematographic works.

    (Photographic works)
    Article 55. [Deleted]

    (The time when serial publications, etc. have been made public)
    Article 56.
    (1) In Article 52, paragraph (1), Article 53, paragraph (1), and Article 54, paragraph (1), the time when works have been made public shall be determined by the making public of each volume, issue or installment in the case of works which are made public in regularly succeeding volumes, issues of installments, or by the making public of the last part in the case of works which are made public in parts.
    (2) In the case of works which are made public in parts, the last part already made public shall be considered to be the last one mentioned in the preceding paragraph if the next part is not made public before the expiration of a period of three years following the making public of the preceding part.

    (Calculation of the term of protection)
    Article 57.
    In Article 51, paragraph (2), Article 52, paragraph (1), Article 53, paragraph (1), and Article 54, paragraph (1), the term of protection after the author's death, the making public of a work or the creation of a work shall be calculated from the beginning of the year following the date when such event occurred.

    (Exceptional provisions for the term of protection)
    Article 58.
    In the case of works not falling within Article 6, item (i), if the country of origin thereof is considered to be a foreign country which is a member of the International Union established by the Berne Convention for the Protection of Literary and Artistic Works, a contracting party to the WIPO Copyright Treaty or a member of the World Trade Organization in accordance with the provisions of the Berne Convention, the WIPO Treaty or the Marrakesh Agreement Establishing the World Trade Organization and if the duration of copyright therein granted by that country of origin is shorter than that provided in Articles 51 to 54, the duration of copyright shall be that granted by that country of origin.

    Section 5 Inalienability of Moral Rights, etc. of Authors

    (Inalienability of moral rights of authors)
    Article 59.
    Moral rights of the author shall be exclusively personal to him and inalienable.

    (Protection of the moral interests after the author's death)
    Article 60.
    Even after the death of the author, no person who offers or makes available a work to the public may commit an act which would be prejudicial to the moral rights of the author if he were alive; provided, however, that such act is permitted if it is deemed not to be against the will of the author in the light of the nature and extent of the act as well as a change in social situation and other conditions.

    Section 6 Transfer and Expiry of Copyright

    (Transfer of copyright)
    Article 61.
    (1) Copyright may be transferred in whole or in part.
    (2) Where a contract for the transfer of copyright makes no particular reference to the rights mentioned in Articles 27 and 28, these rights shall be presumed to be reserved to the transferor.

    (Expiry of copyright in the case where no heirs exist, etc.)
    Article 62.
    (1) Copyright shall expire in the following cases:
    (i) where, after the author's death, the copyright is to revert to the National Treasury in accordance with the provisions of Article 959 (Reversion of the residue to the National Treasury) of the Civil Code (Law No. 89, of 1896);
    (ii) where, after the dissolution of a legal person who is the owner of copyright, the copyright is to revert to the National Treasury in accordance with the provisions of Article 239, paragraph (3) of the Law in General corporations and General Foundation (Law No.48, of 2006) or the provisions of other similar laws.
    (2) The provisions of Article 54, paragraph (2) shall apply mutatis mutandis in the case where copyright in cinematographic works has expired through the operation of the preceding paragraph.

    Section 7 Exercise of Rights

    (Authorization to exploit works)
    Article 63.
    (1) The copyright owner may grant another person authorization to exploit the work.
    (2) Any person who obtained such authorization shall be entitled to exploit the work in the manner and to the extent so authorized.
    (3) The right of exploitation thus authorized may not be transferred without the consent of the copyright owner.
    (4) Unless otherwise stipulated in a contract, such authorization to broadcast or diffuse by wire a work shall not imply the authorization to make sound or visual recordings of the work.
    (5) The provisions of Article 23, paragraph (1) shall not apply to such making transmittable of a work, by a person who has obtained such authorization with respect to the making transmittable of the work, as being made repeatedly or by means of another interactive transmission server in the manner and to the extent so authorized, provided that such manner and extent are not concerned with the frequency of the making transmittable of a work or an interactive transmission server to be used for the making transmittable of a work.

    (Exercise of moral rights of co-authors)
    Article 64.
    (1) Moral rights of co-authors of a joint work may not be exercised without unanimous agreement of all the co-authors.
    (2) Each of the co-authors may not, in bad faith, prevent the agreement mentioned in the preceding paragraph from being reached.
    (3) Co-authors may be represented by a person chosen from among them in the exercise of their moral rights.
    (4) Limitations on the representation mentioned in the preceding paragraph shall not be effective against a bona fide third person.

    (Exercise of joint copyright)
    Article 65.
    (1) Each co-owner of copyright in a joint work or of copyright in co-ownership (hereinafter in this Article referred to as "joint copyright") shall not be entitled to transfer or pledge his share without the consent of the other co-owners.
    (2) Joint copyright may not be exercised without unanimous agreement of all the co-owners.
    (3) In the preceding two paragraphs, each co-owner may not, without reasonable justification, refuse the consent mentioned in paragraph (1) or prevent the agreement mentioned in the preceding paragraph from being reached.
    (4) The provisions of paragraphs (3) and (4) of the preceding Article shall apply mutatis mutandis to the exercise of joint copyright.

    (Copyright on which the right of pledge is established)
    Article 66.
    (1) Unless otherwise stipulated in the contract establishing the right of pledge, the copyright owner shall be entitled to exercise copyright on which the right of pledge has been established.
    (2) The right of pledge may be exercised with respect to money or the like accruing from the transfer of copyright or the exploitation of the work (including counter-value for the establishment of the right of publication), provided that payment or delivery is preceded by the seizure of the right to receive money or the like mentioned above.

    Section 8 Exploitation of Works under Compulsory License

    (Exploitation of works in the case where the copyright owner thereof is unknown)
    Article 67.
    (1) Where a work has been made public, or where it is clear that it has been offered to or made available to the public for a considerable period of time, the work may be exploited under the authority of a compulsory license issued by the Commissioner of the Agency for Cultural Affairs and upon depositing on behalf of the copyright owner compensation the amount of which is fixed by the Commissioner as corresponding to an ordinary rate of royalty, in the case, designated by Cabinet Order, where, after the due diligence, the copyright owner cannot be found for the reason that he is unknown or for other reasons.
    (2) A person, who intends to apply for a compulsory license mentioned in the preceding paragraph, shall submit to the Commissioner of the Agency for Cultural Affairs an application stating means of exploiting a work and other matters designated by Cabinet Order, together with data for explanation to the effect that the copyright owner can not be found or other data designated by Cabinet Order.
    (3) Copies of the work reproduced under the provisions of the preceding paragraph (1) shall bear an indication to the effect that the reproduction of these copies has been licensed in accordance with the provisions of that paragraph and give the date when the license was issued.

    (Exploitation of a work while applying for a compulsory license)
    Article 67bis.
    (1) A person, who has applied for a compulsory license mentioned in paragraph (1) of the preceding Article (hereinafter in this Article referred to merely as "license"), may exploit a work concerned with such application by the same means of exploitation as those stated in such application, for a period when such application is pending (in the case where the copyright owner can be found, for a period until such finding), upon depositing a security money the amount of which shall be fixed by the Commissioner of the Agency for Cultural Affairs by taking account the means of exploitation of the work stated in such application; provided, however, that he may not exploit such work in the case where it is clear that the author of such work intends to discontinue the publication or other exploitation of his work.
    (2) Copies of the work reproduced under the provisions of the preceding paragraph shall bear an indication to the effect that such copies have been reproduced in accordance with the provisions of the paragraph and give the date of the application for a license.
    (3) In the case where a person exploiting a work under the provisions of paragraph (1) (hereinafter referred to as "applying user") has been issued a license, he shall not be required, notwithstanding the provisions of paragraph (1) of the preceding paragraph, to deposit the amount of the compensation, mentioned in that paragraph, corresponding to that of a security money already deposited under the provisions of paragraph (1) (in the case where the amount of such security money exceeds that of such compensation, that amount), under the provisions of paragraph (1) of that Article.
    (4) An applying user shall, in the case where he has received a refusal to issue a license (excluding the case where the copyright owner can be found before such refusal), deposit on behalf of the copyright owner compensation the amount of which shall be fixed by the Commissioner of the Agency for Cultural Affairs as corresponding to the amount of royalty fees for the exploitation of a work under the provisions of paragraph (1) for a period until such refusal. In this case, the amount of a security money, already deposited under the provisions of that paragraph, corresponding to that of such compensation (in the case where the amount of such compensation exceeds that of such security money, that amount) shall be considered as deposited as the amount of such compensation.
    (5) An applying user shall, in the case where the copyright owner can be found before an issuance of a license or a refusal to issue it, pay to the copyright owner compensation the amount of which is corresponding to that of royalty fees for the exploitation of a work under the provisions of paragraph (1), for a period until the time when the copyright owner can be bound.
    (6) In the cases mentioned in the preceding three paragraphs, the copyright owner can, based upon his right to receive compensation mentioned in paragraph (1) or (2) of the preceding Article, receive a repayment from a security money deposited under the provisions of paragraph (1).
    (7) A person, who has deposited a security money under the provisions of paragraph (1), can recover all or a part of such security money, as provided by Cabinet Order, in the case where the amount of such security money exceeds that which the copyright owner can receive as a repayment under the provisions of the preceding a paragraph.

    (Broadcasting of works)
    Article 68.
    (1) A work already made public may be broadcast by a broadcasting organization under the authority of a compulsory license issued by the Commissioner of the Agency for Cultural Affairs and upon payment to the copyright owner of compensation the amount of which is fixed by the Commissioner as corresponding to an ordinary rate of royalty, provided that such organization requested the authorization to broadcast the work from the copyright owner and failed to reach an agreement or that the organization was unable to enter into negotiations with him.
    (2) Works thus broadcast may also be diffused by wire, made of the interactive transmission (including the making transmittable by means of inputting information to an interactive transmission server already connected with telecommunication networks for public use), exclusively for the purpose of reception within service areas intended for by such broadcasting, or communicated publicly by means of a receiving apparatus, upon payment to the copyright owner of compensation the amount of which corresponds to an ordinary rate of royalty, except in the case where the provisions of Article 38, paragraphs (2) and (3) shall be applicable.

    (Recording on commercial phonograms)
    Article 69.
    When commercial phonograms have been sold for the first time in this country and after the expiration of a period of three years from the date of such first sale, a person who intends to make a sound recording of a musical work already recorded on such phonograms with the authorization of the copyright owner and thereby to manufacture other commercial phonograms may make such recording or offer such recording to the public by transfer of ownership under the authority of a compulsory license issued by the Commissioner of the Agency for Cultural Affairs and upon payment to the copyright owner of compensation the amount of which is fixed by the Commissioner as corresponding to an ordinary rate of royalty, provided that such person requested the authorization from the copyright owner to make a sound recording of the work or to offer such recordings to the public by transfer of ownership and failed to reach an agreement or that he was unable to enter into negotiations with the copyright owner.

    (Procedures and standards of compulsory licensing)
    Article 70.
    (1) Applicants for a license mentioned in Article 67, paragraph (1), Article 68, paragraph (1) or the preceding Article shall pay application fee, the amount of which shall be fixed by Cabinet Order, taking into account actual cost.
    (2) The provision of the preceding paragraph shall not apply in the case where a person who shall pay an application fee in accordance with the provision of that paragraph is the State or such an independent administrative organ as is designated by Cabinet Order, taking into account contents of its business or other circumstances (referred to as "the State, etc." in Article 78, paragraph (6) and Article 107, paragraph (2)).
    (3) Upon receipt of an application for a license mentioned in Article 68, paragraph (1) or the preceding Article, the Commissioner of the Agency for Cultural Affairs shall notify the copyright owner concerned thereof in order to afford him an opportunity to express his opinion within an adequately specified period of time.
    (4) Even upon receipt of an application for a license mentioned in Article 67, paragraph (1), Article 68, paragraph (1) or the preceding Article, the Commissioner of the Agency for Cultural Affairs shall not issue such license if he recognizes:
    (i) that it is evident that the author has the intention to discontinue publication or other exploitation of his work; or
    (ii) that unavoidable circumstances obliged the copyright owner to refuse to give the authorization to the broadcasting organization applying for a license mentioned in Article 68, paragraph (1).
    (5) The Commissioner of the Agency for Cultural Affairs shall, when intending to refuse to issue the license (excluding the case where a license is not issued under the provisions of paragraph (7)), give previous notice to the applicant of the reason for such refusal and afford him an opportunity to explain his position and furnishing evidence favorable to him. The Commissioner shall, when refusing to issue such license, notify the applicant of such refusal in writing accompanied by the reason therefore.
    (6) The Commissioner of the Agency for Cultural Affairs shall, upon issuing the license mentioned in Article 67, paragraph (1), give public notice thereof in the Official Gazette and notify the applicant thereof.The Commissioner shall, upon issuing the license mentioned in Article 68, paragraph (1) or the preceding Article, notify the parties concerned thereof.
    (7) The Commissioner of the Agency for Cultural Affair shall abstain from issuing a license, upon request from an applying user to be effect that he will withdraw his application for a license mentioned in Article 67, paragraph (1).
    (8) Other than those provided for in the preceding paragraphs, necessary matters in connection with the licenses mentioned in this Section shall be provided by Cabinet Order.

    Section 9 Compensation, etc.

    (Consultation with the Culture Council)
    Article 71.
    The Commissioner of the Agency for Cultural Affairs shall, when fixing the amount of compensation mentioned in Article 33, paragraph (2) (including the case where its application mutatis mutandis is provided for under the provision of paragraph (4) of the same Article), Article 33bis, paragraph (2), Article 67, paragraph (1), Article 67bis, paragraph (4), Article 68, paragraph (1), and Article 69, consult with the Culture Council.

    (Dissatisfaction with the amount of compensation fixed)
    Article 72. (1) The parties concerned who are dissatisfied with the amount of compensation fixed in accordance with the provision of Article 67, paragraph (1), Article 67bis, paragraph (4), Article 68, paragraph (1) or Article 69 may bring an action for an increase or decrease therein, within a period of six months from the date when they learned that a license had been issued or refused to issue under any of these provisions.
    (2) In an action mentioned in the preceding paragraph, the copyright owner shall be a defendant in the case where a person who brings the action is the user of the work, and the user of the work shall be a defendant in the case where a person who brings the action is the copyright owner.

    (Limitations on objections to the amount of compensation fixed)
    Article 73.
    In an objection raised under the Administrative Dissatisfaction Inspection Law (Law No. 160, of 1962) to a license issued or refused under the provisions of Article 67, paragraph (1), Article 68, paragraph (1) or Article 69, the dissatisfaction with the amount of the compensation fixed shall not constitute a reason for this dissatisfaction with the issuance or refusal of the license, except in the case where a person who obtained or was refused a license mentioned in Article 67, paragraph (1) cannot bring an action mentioned in paragraph (1) of the preceding Article because the copyright owner is unknown or for other similar reasons.

    (Deposit of compensation, etc.)
    Article 74.
    (1) A person who is liable to pay compensation mentioned in Article 33, paragraph (2) (including the case where its application mutatis mutandis is provided for under the provision of paragraph (4) of the same Article), Article 33bis, paragraph (2), Article 68, paragraph (1) or Article 69 shall deposit the compensation instead of paying that compensation, in any of the following cases:
    (i) where the copyright owner refuses to receive or cannot receive the compensation;
    (ii) where the copyright owner cannot be identified with no fault on the part of the above-mentioned person;
    (iii) where that person brings an action mentioned in Article 72, paragraph (1) with respect to the amount of the compensation;
    (iv) where the right of pledge has been established on the copyright (except in the case where the authorization is obtained from the pledgee).
    (2) In item (iii) of the preceding paragraph, a person who is liable to pay the compensation shall, at the request of the copyright owner, pay the sum according to his estimate and deposit the balance between his estimate and the amount of the compensation fixed.
    (3) The deposit of a compensation under the provisions of Article 67, paragraph (1), Article 67bis, paragraph (4) or the preceding two paragraphs or that of a security money under the provisions of Article 67bis, paragraph (1) shall be made at a deposit office conveniently near to the known domicile or residence of the copyright owner if he has such in this country or otherwise near to the domicile or the residence of the depositor.
    (4) The depositor mentioned in the preceding paragraph shall notify the copyright owner of that deposit, except in the case where he cannot notify him thereof because he is unknown or for other reasons.

    Section 10 Registration

    (Registration of the true name)
    Article 75. (1) The author of an anonymous or pseudonymous work may have his true name registered with respect to that work, regardless of whether he actually owns the copyright therein.
    (2) The author may designate by his will a person who may have such name registered after the author's death as provided in the preceding paragraph.
    (3) A person whose true name has been registered shall be presumed to be the author of the work concerned.

    (Registration of the date of the first publication, etc.)
    Article 76.
    (1) The copyright owner as well as the publisher of an anonymous or pseudonymous work may have the date of the first publication or of the first making public of his work registered.
    (2) Works as to which the date of the first publication or of the first making public is registered shall be presumed to have been first published or first made public on the date registered.

    (Registration of the date of creation)
    Article 76bis.
    (1) The author of a program work may have the date of creation of his program work registered, provided that a period of six months has not passed after the creation of that work.
    (2) Program works as to which the date of creation is registered in accordance with the preceding paragraph shall be presumed to have been created on the date registered.

    (Registration of copyright)
    Article 77.
    The following matters shall not be effective against any third party without registration thereof:
    (i) the transfer (except that by inheritance or other successions in general; the same shall apply in next item) or the alteration by trust of copyright or the restriction on the disposal of copyright;
    (ii) the establishment, transfer, alteration or expiry (except because of the merger of the right of pledge, or because of the expiry of copyright or the obligatory right secured), or the restriction on the disposal, of the right of pledge established on copyright.

    (Procedures, etc. for registration)
    Article 78.
    (1) The registrations mentioned in Article 75, paragraph (1), Article 76, paragraph (1), Article 76bis, paragraph (1) and the preceding Article shall be made by the Commissioner of the Agency for Cultural Affairs by entering or recording them in the copyright register.
    (2) The copyright register may, as provided by Cabinet Order, be prepared in whole or in part by means of magnetic discs (including any similar material object capable of assuring records of given items; the same shall apply in paragraph (4)).
    (3) The Commissioner of the Agency for Cultural Affairs shall, when having made a registration mentioned in Article 75, paragraph (1), give public notice thereof in the Official Gazette.
    (4) Any person may demand of the Commissioner of the Agency for Cultural Affairs the delivery of a certified copy or a certified abstract of entries in the copyright register or a copy of its annexed documents, or the opportunity to inspect the register or its annexed documents, or the delivery of copies of entries in the part of the copyright register, prepared by means of magnetic discs.
    (5) A person making such demand shall pay a fee, the amount of which is fixed by Cabinet Order, taking into account actual cost.
    (6) The provision of the preceding paragraph shall not apply in the case where a person who shall pay a fee in accordance with the provision of that paragraph is the State, etc.
    (7) The provisions of Chapters II and III of the Administrative Procedures Law (Law No.88, of 1993) shall not apply to measures taken in connection with registrations mentioned in paragraph (1).
    (8) The provisions of the Government Organizations Information Disclosure Law shall not apply to entities in the copyright register and its annexed documents.
    (9) The provisions of Chapter IV of the Law for the Protection of Personal Information Possessed by Government Organizations (Law No.58, of 2003) shall not apply to government-possessed personal information ("government-possessed personal information" means such information as mentioned in Article 2, paragraph (3) of that Law recorded in the copyright register and its annexed documents.
    (10) Other than those provided for in this Section, necessary matters in connection with registrations mentioned in paragraph (1) shall be provided by Cabinet Order.

    (Exceptional provision for the registration of program works)
    Article 78bis.
    Other than those provided for in this Section, matters relating to the registration of program works shall be provided by another law.

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