Copyright Law of Japan

    Chapter VI Dispute Resolution

    (Mediators in Copyright Dispute Resolution)

     Article 105 (1) In order for disputes concerning the rights provided for in this Act to be resolved through mediation, mediators for copyright dispute resolution (hereinafter in this Chapter referred to as "mediators") are placed on staff at the Agen-cy for Cultural Affairs.

     (2) The Commissioner of the Agency for Cultural Affairs delegates up to three mediators for each case, from among persons of learning and experience in matters related to copyright or neighboring rights.

    (Application for Mediation)

     Article 106 If a dispute arises in connection with a right provided for in this Act, a party to the dispute may file an application for mediation with the Commissioner of the Agency for Cultural Affairs.

    (Application Fee)

     Article 107 (1) A person that applies for mediation must pay the application fee that has been fixed by Cabinet Order in consideration of actual costs.

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

    (Referral to Mediation)

     Article 108 (1) If the Commissioner of the Agency for Cultural Affairs receives an application based on the provisions of Article 106 from both parties, or, if the Com-missioner receives an application from one of the parties and the other party con-sents, the commissioner is to refer the matter to mediation by the mediators.

    (2)The Commissioner of the Agency for Cultural Affairs may refrain from refer-ring a matter to mediation if the commissioner finds that the nature of the case ren-ders it inappropriate for mediation, or if the commissioner finds that a party has ap-plied for mediation without due cause and in pursuit of an unjustifiable end.

    (Mediation)

     Article 109 (1) A mediator must endeavor to resolve a case by mediating be-tween the parties and ascertaining the salient points of both parties' assertions in line with actual circumstances.

     (2) A mediator may cut the mediation short if the mediator finds there to be no prospect of settling the case.

    (Reports)

     Article 110 (1) When a mediation ends, a mediator must report this to the Commissioner of the Agency for Cultural Affairs.

     (2) If a mediator cuts a mediation short pursuant to the provisions of the preced-ing Article, the mediator must inform the parties of this and of the reason for doing so, as well as reporting this to the Commissioner of the Agency for Cultural Affairs.

    (Delegation to Cabinet Order)

     Article 111 Beyond what is provided for in this Chapter, the necessary particu-lars of the procedures for mediation and mediators are provided for by Cabinet Order.

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