Copyright Law of Japan

    Chapter IV Neighboring Rights

    Section 1 General Rules

    (Neighboring Rights)

     Article 89 (1) erformers enjoy the rights provided for in Article 90-2, para-graph (1) and Article 90-3, paragraph (1) (hereinafter referred to as "moral rights of performers") and the rights provided for in Article 91, paragraph (1); Article 92, para-graph (1); Article 92-2, paragraph (1); Article 95-2, paragraph (1); and Article 95-3, paragraph (1), as well as the right to remuneration provided for in Article 94-2 and Article 95-3, paragraph (3) and the right to secondary use fees provided for in Article 95, paragraph (1).

     (2) Producers of phonograms enjoy the rights provided for in Articles 96 and 96-2; Article 97-2, paragraph (1); and Article 97-3, paragraph (1), as well as the right to sec-ondary use fees provided for in Article 97, paragraph (1) and the right to remuneration provided for in Article 97-3, paragraph (3).

     (3) Broadcasters enjoy the rights provided for in Articles 98 through 100.

     (4) Cablecasters enjoy the rights provided for in Articles 100-2 to 100-5.

     (5) Enjoyment of the rights referred to in the preceding paragraphs requires no formalities.

     (6) The rights referred to in paragraphs (1) to (4) (except the moral rights of per-formers as well as the right to remuneration and the right to secondary use fees re-ferred to in paragraphs (1) and (2)) are called neighboring rights.

    (Connection between the Rights of Authors and Neighboring Rights) Article 90 The provisions of this Chapter must not be interpreted as affecting the protection of the rights of authors.

    Section 2 Rights of Performers

    (Right of Attribution)

     Article 90-2 (1) A performer has the right to decide whether to use the per-former's name, stage name, or any other name to indicate the name of the performer in connection with the performance at the time it is made available or presented to the public, or to decide that the performer's name will not be indicated in connection with that performance.

     (2) Unless the performer has manifested a different intention, a person exploiting a performance may indicate the name of the performer in accordance with how the performer has already done so in connection with that performance.

     (3) The name of the performer may be omitted if it is found that that doing so is unlikely to harm the interests of the performer in a claim to being the performer in that performance, in light of the purpose and circumstances of its exploitation, or if the omission is found to be compatible with fair practices.

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

      (i) the performance is made available or presented to the public by the head of an administrative organ or by an incorporated administrative agency, etc., a local government agency, or a local incorporated administrative agency pursuant to the provisions of the Act on Access to Administrative Organs'Information, the Act on Access to Incorporated Administrative Agencies' Information, or information dis-closure ordinance, and the name of the performer is indicated in accordance with how the performer has already done so for that performance;

      (ii) the performance is made available or presented to the public by the head of an administrative organ, an incorporated administrative agency, etc., a local gov-ernment agency, or a local incorporated administrative agency, pursuant to the pro-visions of Article 6, paragraph (2) of the Act on Access to Administrative Organs'Information, the provisions of Article 6, paragraph (2) of the Act on Access to Incor-porated Administrative Agencies'Information, or the provisions of information dis-closure ordinance that are equivalent to the provisions of Article 6, paragraph (2) of the Act on Access to Administrative Organs'Information, and it is a case in which the name of the performer is to be omitted.

    (Right to Integrity)

     Article 90-3 (1) A performer has the right to preserve the integrity of the per-formance, and is not to be made to suffer any alteration, cut, or other modification to it that would damage the performer's honor or reputation.

     (2) The provisions of the preceding paragraph do not apply to modifications that are found to be unavoidable in light of the nature of the performance as well as the purpose and circumstances of its exploitation, nor to modifications that are found to be compatible with fair practices.

    (Sound Recording Rights and Visual Recording Rights)

     Article 91 (1) A performer has the exclusive right to record the sound and vis-uals of that performer's performance.

     (2) Unless the sound of a performance is recorded as a sound recording (other than one that is intended to be played exclusively alongside images), the provisions of the preceding paragraph do not apply to the sound or visuals of a performance that are recorded as part of a cinematographic work with the authorization of the owner of the right referred to in that paragraph (meaning authorization to exploit the performance pursuant to the provisions of Article 63, paragraph (1) as applied mutatis mutandis pursuant to Article 103; hereinafter the same apples in this and the following Section).

    (Broadcasting and Cablecasting Rights)

     Article 92 (1) A performer has the exclusive right to broadcast and cablecast that performer's performance.

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

      (i) the cablecast is of a broadcast performance;

      (ii) the broadcast or cablecast is of one of the following performances:

       (a) a performance whose sound or visuals have been recorded with the au-thorization of the owner of the right provided for in paragraph (1) of the preced-ing Article;

       (b) a performance referred to in paragraph (2) of the preceding Article whose sound or visuals have been recorded other than as a sound recording referred to in that paragraph.

    (Right to Make Available for Transmission)

     Article 92-2 (1) A performer has the exclusive right to make that performer's performance available for transmission.

     (2) The provisions of the preceding paragraph do not apply to any of the following performances:

       (i) a performance whose visuals have been recorded with the authorization of the owner of the right provided for in Article 91, paragraph (1);

       (ii) a performance referred to in Article 91, paragraph (2) whose sound or vis-uals have been recorded other than as a sound recording referred to in that para-graph.

    (Fixation for Broadcasting Purposes)

     Article 93 (1) A broadcaster that obtains the authorization to broadcast a per-formance from the owner of the rights provided for in Article 92, paragraph (1), may record the sound or visuals of that performance for broadcasting purposes;, provided, however, that this does not apply if otherwise stipulated in the contract or if the sound or visuals are recorded with the purpose of using them in a broadcast program of a different content than the broadcast program under authorization.

     (2) The following persons are deemed to have recorded the sound or visuals as referred to in Article 91, paragraph (1):

      (i) a person that uses or makes available a sound or visual recording made pur-suant to the provisions of the preceding paragraph, for a purpose other than broad-casting or for the purpose referred to in the proviso to that paragraph;

      (ii) a broadcaster that receives a sound or visual recording being made availa-ble that has been made pursuant to the provisions of the preceding paragraph, and that further makes it available for another broadcaster's broadcast.

    (Broadcasting of Fixations Made for Broadcasting Purposes)

     Article 94 (1) Unless otherwise stipulated in the contract, if the owner of the right provided for in Article 92, paragraph (1) authorizes the broadcast of a perfor-mance, in addition to it being permissible to make the broadcast under that authoriza-tion, it is also permissible to make the following broadcasts:

      (i) a broadcast using the sound and visual recordings that the authorized broad-caster makes pursuant to the provisions of paragraph (1) of the preceding Article;

      (ii) a broadcast made based on the reception of a sound or visual recording made available by the authorized broadcaster that has made that sound or visual recording pursuant to the provisions of paragraph (1) of the preceding Article;

      (iii) a broadcast made based on the reception of an authorized broadcast pro-gram supplied by the authorized broadcaster other than a broadcast under the preceding item).

     (2) If a performance is broadcast in a broadcast set forth in one of the items of the preceding paragraph, the broadcaster provided for in that item must pay a reasonable amount of remuneration to the owner of the right provided for in Article 92, para-graph (1).

    (Cablecasts of Broadcast Performances)

     Article 94-2 If a cablecaster cablecasts a broadcast performance (unless the ca-blecast is made for non-commercial purposes and without charging a fee (meaning anything of value received in exchange for presenting the performance, regardless of what it is called; the same applies in paragraph (1) of the following Article) to the lis-tening or viewing audience), it must pay a reasonable amount of remuneration to the performer whose performance it is (but only during the lifetime of the neighboring rights, and not for a performance set forth in Article 92, paragraph (2), item (ii)).

    (Secondary Use of Commercial Phonograms)

     Article 95 (1) If a broadcaster or cablecaster (hereinafter in this Article and Article 97, paragraph (1) referred to as a "broadcaster or cablecaster") makes a broad-cast or cablecast using a commercial phonogram (including phonograms made avail-able for transmissions; the same applies in Article 97, paragraphs (1) and (3)) onto which the sound of a performance has been recorded with the authorization of the owner of the right provided for in Article 91, paragraph (1) (unless it receives a broad-cast transmission and makes a cablecast simultaneously, for non-commercial purpos-es and without charging a fee to the listening or viewing audience), it must pay a secondary use fee to the performer whose performance it is (but only a for a perfor-mance referred to in Article 7, items (i) to (vi) and during the lifetime of the neighbor-ing rights; the same applies in the following paragraph to paragraph (4)).

     (2) The provisions of the preceding paragraph apply to a performer whose perfor-mance has been fixed in phonogram whose producer is a national of a country other than a Contracting State of the Convention for the Protection of Performers, etc. which has chosen not to apply the provisions of Article 12 of that Convention, pursu-ant to the provisions of Article 16, paragraph 1, item (a), (i) of the Convention.

     (3) If the term of the protection under the provisions of Article 12 of the Conven-tion for the Protection of Performers, etc. which a Contracting State of the Conven-tion grants for phonograms set forth in Article 8, item (i) is shorter than the term of protection that performers receive pursuant to the provisions of paragraph (1), the term of protection granted pursuant to the provisions of that paragraph to a perform-er whose performance has been fixed in a phonogram whose producer is a national of that Contracting State is the term of protection that the Contracting State grants un-der Article 12 of the Convention for the Protection of Performers, etc. for the phono-grams set forth in Article 8, item (i).

     (4) The provisions of paragraph (1) apply to a performer whose performance has been fixed in a phonogram whose producer is the national of a Contracting State of the WPPT (but not a Contracting State of the Convention for the Protection of Per-formers, etc.) which has set a reservation pursuant to the provisions of Article 15, paragraph (3) of the WPPT, within the limits of that reservation.

     (5) If an association is in existence (including a federation of associations) that has as its members a considerable number of persons who perform professionally in Japan, whose consent has been obtained and which has been designated by the Com-missioner of the Agency for Cultural Affairs, it is permissible for the right to second-ary use fees under paragraph (1) to be exercised exclusively through that association.

     (6) The Commissioner of the Agency for Cultural Affairs may not make the desig-nation referred to in the preceding paragraph unless the association satisfies the fol-lowing conditions:

      (i) it is not-for-profit;

      (ii) its members are able to freely join and leave;

      (iii) its members have an equal right to vote on resolutions and in elections;

      (iv) it has sufficient capacity to personally and properly perform functions in-volved in exercising the right to receive the secondary use fees referred to in para-graph (1) on behalf of the persons that own those rights (hereinafter in this Article referred to as "right holders").

     (7) An association as referred to in paragraph (5) must not refuse to exercise a right on behalf of a right holder if the right holder has so requested.

     (8) Once an association as referred to in paragraph (5) has had a request under the preceding paragraph, the association has the authority to act in and out of court on behalf of the right holder, in its own name, in connection with that right.

     (9) The Commissioner of the Agency for Cultural Affairs, as provided by Cabinet Order, may ask an association as referred to in paragraph (5) to report on functions related to the secondary use fees referred to in paragraph (1) or to submit account books, documents, and other data, and may make the necessary recommendations for improving the way the association's business is executed.

     (10) The amount of secondary use fees that an association as referred to in para-graph (5) may demand on behalf of a right holder pursuant to the provisions of para-graph (4) is to be fixed each year by mutual agreement between the association and the broadcaster or cablecaster or association of broadcasters, etc.

     (11) If the agreement referred to in the preceding paragraph is not reached, the relevant parties, as provided by Cabinet Order, may request the Commissioner of the Agency for Cultural Affairs to issue a compulsory license fixing the amount of second-ary use fees.

     (12) The provisions of Article 70, paragraphs (3), (6), and (8) and Articles 71 through 74 apply mutatis mutandis to the compulsory license and secondary use fees referred to in the preceding paragraph. In this case, in Article 70, paragraph (3), the term "copyright owner"is deemed to be replaced with "relevant parties"; in Article 72, paragraph (2), the term "user of the work"is deemed to be replaced with "broadcaster or cablecaster referred to in Article 95, paragraph (1)"and the term "copyright owner"is deemed to be replaced with "association referred to in paragraph (5) of that Arti-cle"; and in Article 74, the term "copyright owner"is deemed to be replaced with "as-sociation referred to in Article 95, paragraph (5)"

     (13) The provisions of the Act on Prohibition of Private Monopolization and Main-tenance of Fair Trade (Act No. 54 of 1947) do not apply to the mutual agreement re-ferred to in paragraph (10) nor to actions taken under it; provided, however, that this does not apply if unfair trade practices are used or if it would unreasonably harm the interests of the enterprises concerned.

     (14) Beyond what is provided for in paragraphs (5) to (13), necessary particulars involving the payment of the secondary use fees referred to in paragraph (1) and con-cerning the associations under paragraph (5) are provided for by Cabinet Order.

    (Right of Transfer)

    Article 95-2 (1) A performer has the exclusive right to make that performer’s performance available to the public through the transfer of a sound or visual record- ing of it.

     (2) The provisions of the preceding paragraph do not apply to any of the following performances:

      (i) a performance whose visuals have been recorded with the authorization of the owner of the right provided for in Article 91, paragraph (1);

      (ii) a performance as referred to in Article 91, paragraph (2) whose sound or visuals have been recorded other than as a sound recording set forth in that para-graph.

     (3) The provisions of paragraph (1) do not apply if a performance is made availa-ble to the public through the transfer of a sound or visual recording (except those referred to in items (i) and (ii) of the preceding paragraph; the same applies hereinaf-ter in this Article) that falls under a category provided for in one of the following items:

      (i) a sound or visual recording of a performance that is transferred to the public by the owner of the right set forth in paragraph (1) or a person authorized thereby;

      (ii) a sound or visual recording of a performance that is transferred to the pub-lic based on the compulsory license referred to in Article 67, paragraph (1), as ap-plied mutatis mutandis pursuant to Article 103;

      (iii) a sound or visual recording of a performance that is transferred to the pub-lic based on the application of the provisions of Article 67-2, paragraph (1), as ap-plied mutatis mutandis pursuant to Article 103;

      (iv) a sound or visual recording of a performance that is transferred to exclu-sive groups made up of a few persons by the owner of the right set forth in para-graph (1) or a person authorized thereby;

      (v) a sound or visual recording of a performance that is transferred abroad without prejudice to any right equivalent to the right set forth in paragraph (1), or by the owner of any right equivalent to the right set forth in that paragraph or a person authorized thereby.

    (Right to Rent Out)

     Article 95-3 (1) A performer has the exclusive right to make that performer's performance available to the public by renting out commercial phonograms onto which the sound of the performance has been recorded.

     (2) The provisions of the preceding paragraph do not apply if the performance is made available to the public by the renting out of commercial phonograms that have passed beyond the Cabinet-Order-specified period of at least one month and no more than 12 months counting from the date of their first sale (including the renting out of any phonogram of which reproductions that are entirely the same as such commercial phonograms are being made; hereinafter referred to as "post-term commercial phono-grams").

     (3) If a person engaged in the business of renting out commercial phonograms to the public (hereinafter referred to as a "rental phonogram dealer") makes a perfor-mance available to the public by renting out a post-term commercial phonogram, it must pay a reasonable amount of remuneration to the performer whose performance it is (but only during the lifetime of the neighboring rights).

     (4) The provisions of Article 95, paragraphs (5) to (14) apply mutatis mutandis to the right to receive the remuneration referred to in the preceding paragraph. In this case, the term "broadcaster or cablecaster" in paragraph (10) of that Article and the term "broadcaster or cablecaster referred to in Article 95, paragraph (1)" in paragraph (12) of that Article are deemed to be replaced with "rental phonogram dealer referred to in Article 95-3, paragraph (3)".

     (5) The right to receive royalties in connection with the authorization of the own-er of the right provided for in paragraph (1) may be exercised through an association referred to in Article 95, paragraph (5), as applied mutatis mutandis pursuant to the preceding paragraph.

     (6) The provisions of Article 95, paragraphs (7) to (14) apply mutatis mutandis to the preceding paragraph. In this case, the provisions of the second sentence of para-graph (4) of this Article apply mutatis mutandis.

    Section 3 Rights of Producers of Phonograms

    (Right of Reproduction)

     Article 96 The producer of a phonogram has the exclusive right to reproduce its phonograms.

    (Right to Make Available for Transmission)

     Article 96-2 The producer of a phonogram has the exclusive right to make its phonograms available for transmission.

    (Secondary Use of Commercial Phonograms)

     Article 97 (1) If a broadcaster or cablecaster broadcasts or cablecasts a com-mercial phonogram (unless it receives a broadcast transmission and makes a cable-cast simultaneously, for non-commercial purposes and without charging a fee (mean-ing anything of value received in exchange for presenting the sound from the commercial phonogram, regardless of what it is called) to the listening or viewing audience), it must pay secondary use fees to the producer whose phonogram it is (but only for a phonogram provided for in Article 8, items (i) to (iv) and only during the lifetime of the neighboring rights).

     (2) The provisions of paragraphs (2) and (4) of Article 95 apply mutatis mutandis to the producer of a phonogram under the preceding paragraph, and the provisions of paragraph (3) of that Article apply mutatis mutandis to the term of protection provid-ed for in the preceding paragraph. In this case, in paragraphs (2) to (4) of that Article, the phrase "performer whose performance has been fixed in a phonogram whose pro-ducer is the national" is deemed to be replaced with "producer of a phonogram that is the national"; and in paragraph (3) of that Article, the phrase "term of protection that performers are granted" is deemed to be replaced with "term of protection that pro-ducers of phonograms are granted".

     (3) If an association is in existence (including a federation of associations) that has as its members a considerable number of persons that produce phonograms pro-fessionally in Japan, whose consent has been obtained and which has been designat-ed by the Commissioner of the Agency for Cultural Affairs, it is permissible for the right to secondary use fees under paragraph (1) to be exercised exclusively through such association.

     (4) The provisions of Article 95, paragraphs (6) to (14) apply mutatis mutandis to the secondary use fees referred to in paragraph (1) and to an association as referred to in the preceding paragraph.

    (Right of Transfer)

     Article 97-2 (1) The producer of a phonogram has the exclusive right to make that phonogram available to the public through the transfer of copies thereof.

     (2) The provisions of the preceding paragraph do not apply if a phonogram is made available to the public through the transfer of copies that fall under a category provided for in one of the following items:

      (i) copies of a phonogram that are transferred to the public by the owner of the right provided for in the preceding paragraph or a person authorized thereby;

      (ii) copies of a phonogram that are transferred to the public based on a compul-sory license referred to in Article 67, paragraph (1), as applied mutatis mutandis pursuant to Article 103;

      (iii) copies of a phonogram that are transferred to the public based on the ap-plication of the provisions of Article 67-2, paragraph (1), as applied mutatis mutan-dis pursuant to Article 103;

      (iv) copies of a phonogram that are transferred to exclusive groups made up of a few persons by the owner of the right provided for in the preceding paragraph or a person authorized thereby;

      (v) copies of a phonogram that are transferred abroad, without prejudice to any right equivalent to the right provided for in the preceding paragraph, or by the own-er of any right equivalent to the right provided for in that paragraph or a person authorized thereby.

    (Right to Rent Out)

     Article 97-3 (1) The producer of a phonogram has the exclusive right to make the phonogram available to the public by renting out commercial phonograms in which the phonogram has been reproduced.

     (2) The provisions of the preceding paragraph do not apply if the phonogram is made available to the public through the rental of post-term commercial phonograms.

     (3) When a rental phonogram dealer makes a phonogram available to the public by renting out post-term commercial phonograms, it must pay a reasonable amount of remuneration to the producer whose phonogram it is (but only during the lifetime of the neighboring rights).

     (4) The provisions of Article 97, paragraph (3) apply mutatis mutandis to the ex-ercise of the right to receive the remuneration referred to in the preceding paragraph.

     (5) The provisions of Article 95, paragraphs (6) to (14) apply mutatis mutandis to the remuneration referred to in paragraph (3) of this Article and to associations re-ferred to in Article 97, paragraph (3) as applied mutatis mutandis pursuant to the preceding paragraph. In this case, the provisions of the first sentence of Article 95-3, paragraph (4) apply mutatis mutandis.

     (6) The right to receive royalties in connection with the authorization of the own-er of the right provided for in paragraph (1) of this Article may be exercised through an association referred to in Article 97, paragraph (3) as applied mutatis mutandis pursuant to paragraph (4) of this Article.

     (7) The provisions of paragraph (5) of this Article apply mutatis mutandis to the preceding paragraph. In this case, in paragraph (5), the phrase "Article 95, paragraph (6)"is deemed to be replaced with "Article 95, paragraph (7)".

    Section 4 Rights of Broadcasters

    (Right of Reproduction)

     Article 98 A broadcaster has the exclusive right to record sound and visuals from, and to reproduce through photography or by any other similar means, the sounds or images in its broadcast, based on the receipt of its broadcast transmission or based on the receipt of a cablecast transmission that has been made based on the receipt of its broadcast transmission.

    (Rebroadcasting Rights and Cablecasting Rights)

     Article 99 (1) A broadcaster has the exclusive right to rebroadcast or cablecast its broadcast based on the receipt of its broadcast transmission.

     (2) The provisions of the preceding paragraph do not apply to a cablecast that a person that cablecasts based on the receipt of broadcast transmissions is required to make pursuant to the provisions of laws and regulations.

    (Right to Make Available for Transmission)

     Article 99-2 (1) A broadcaster has the exclusive right to make its broadcast available for transmission based on the receipt of its broadcast transmission or based on the receipt of a cablecast transmission that has been made based on the receipt of its broadcast transmission.

     (2) The provisions of the preceding paragraph do not apply to a work's being made transmissible in connection with an automatic public transmission that a per-son making automatic public transmissions based on the receipt of broadcast trans-missions is required to make pursuant to the provisions of laws and regulations.

    (Right to Communicate Television Broadcasts)

     Article 100 A broadcaster has the exclusive right to use a special instrument that enlarges images to communicate its television broadcast to the public based on the receipt of its broadcast transmission or based on the receipt of a cablecast transmis-sion that has been made based on the receipt of its broadcast transmission.

    Section 5 Rights of Cablecasters

     Article 100-2 A cablecaster has the exclusive right to record sound and visuals from, and to reproduce through photography or by any other similar means, the sounds or images in its cablecast, based on the receipt of its cablecast transmission.

    (Broadcasting Rights and Re-Cablecasting Rights)

     Article 100-3 A cablecaster has the exclusive right to broadcast and to re-cable-cast its cablecast based on the receipt of its cablecast transmission.

    (Right to Make Available for Transmission)

     Article 100-4 A cablecaster has the exclusive right to make its cablecast availa-ble for transmission based on the receipt of its cablecast transmission.

    (Right to Communicate Cable Television Broadcasts)

     Article 100-5 A cablecaster has the exclusive right to use a special instrument that enlarges images to communicate its cable television broadcast to the public based on the receipt of its cable television broadcast transmission.

    Section 6 Term of Protection

    (The Term of Protection for Performances, Phonograms, Broadcasts, and Cablecasts)

     Article 101 (1) The duration of neighboring rights begins at the following times:

      (i) for a performance, the time that the performance takes place;

      (ii) for a phonogram, the time that the first fixation of sounds is made;

      (iii) for a broadcast, the time that the broadcast takes place;

      (iv) for a cablecast, the time that the cablecast takes place.

     (2) The duration of neighboring rights expires at the following times:

      (i) for a performance, once 70 years have passed, counting from the year after that in which the performance takes place;

      (ii) for a phonogram, once 70 years have passed, counting from the year after that in which the phonogram is published (or once 70 years have passed counting from the year after that in which the sounds are first fixed in a phonogram, if the work is not published within 70 years counting from the year after that in which the sounds are first fixed in a phonogram);

      (iii) for a broadcast, once 50 years have passed, counting from the year after that in which the broadcast takes place;

      (iv) for a cablecast, once 50 years have passed, counting from the year after that in which the cablecast takes place.

    Section 7 The Exclusive Nature of a Performer’s Moral Rights; Related Matters

    (The Exclusive Nature of a Performer’s Moral Rights)

     Article 101-2 A performer’s moral rights are exclusive to that performer, and are inalienable.

    (Protection of Moral Interests after the Performer’s Death)

     Article 101-1 Even after the death of the performer, it is prohibited for person that makes available or presents that performer’s performance to the public to engage in conduct that would be prejudicial to the moral rights of the performer if the per- former were alive; provided, however, that this does not apply if that conduct is found not to contravene the will of the performer in light of the nature and extent of the conduct as well as changes in social circumstances and other conditions.

    Section 8 Limitations, Transfer, Exercise, and Registration of Rights

    (Limitations on Neighboring Rights)

     Article 102 (1) The provisions of Article 30, paragraph (1); Articles 30-2 through 32, Articles 35, and 36; Article 37, paragraph (3); Article 37-2 (except item (i); the same applies in the following paragraph); Article 38, paragraphs (2) and (4); Arti-cles 41 through 43; Article 44 (except paragraph (2)); Articles 46 through 47-2; and Articles 47-4 to 47-5 apply mutatis mutandis to the exploitation of a performance, phonogram, broadcast, or cablecast that is the subject of neighboring rights; the pro-visions of Article 30, paragraph (2) and Article 47-7 apply mutatis mutandis to the exploitation of a performance or phonogram that is the subject of neighboring rights; and the provisions of Article 44, paragraph (2) apply mutatis mutandis to the exploita-tion of a performance, phonogram, or cablecast that is the subject of neighboring rights. In this case, in Article 44, paragraph (1), the phrase "Article 23, paragraph (1)"is deemed to be replaced with "Article 92, paragraph (1); Article 99, paragraph (1); or Article 100-3". and in Article 44, paragraph (2), the phrase "Article 23, paragraph (1)"is deemed to be replaced with "Article 92, paragraph (1) or Article 100-3".

     (2) If a performance or phonogram or sounds or images from a broadcast or ca-blecast (hereinafter referred to as a "performance, etc.") are reproduced pursuant to the provisions of Article 32, Article 37, paragraph (3), Article 37-2; Article 42; or Arti-cle 47, as applied mutatis mutandis pursuant to the preceding paragraph, or are repro-duced pursuant to the provisions of the following paragraph or paragraph (4), and it is common practice to indicate the source, the source must be clearly indicated in the manner and to the extent considered reasonable for the circumstances of the repro-duction.

     (3) If it is permissible to reproduce a work printed in a school textbook pursuant to the provisions of Article 33-2, paragraph (1), it is also permissible to reproduce any performance whose sound has been recorded in a sound recording made based on the application of the provisions of that paragraph, to reproduce any phonogram associ-ated with such sound recording, and to present the performance or phonogram to the public through the transfer of copies thereof, for the purpose referred to in that para-graph.

     (4) If a person set forth by Cabinet Order that is as referred to in Article 37, para-graph (3) and that engages in an undertaking related to the welfare of persons with visual and other such impairments is permitted to reproduce a visual work pursuant to the provisions of that paragraph, that person may also reproduce any performance whose sound has been recorded in a sound recording made based on the application of the provisions of that paragraph, may reproduce any phonogram associated with such sound recording, may make the performance or phonogram available for trans-mission, and may present the performance or phonogram to the public through the transfer of copies thereof, for the purpose referred to in that paragraph.

     (5) A broadcast performance that is the subject of neighboring rights may be made available for transmission (but only by the relevant data being input into an automatic public transmission server that is connected with a public telecommunica-tions network), with the objective of allowing an exclusive audience within the ser-vice area that the broadcast is intended for to receive that broadcast; provided, how-ever, that this does not apply if doing so would prejudice the rights of the person that owns the rights provided for in Article 99-2, paragraph (1) with respect to that broad-cast.

     (6) Unless the provisions of Article 38, paragraph (2) as applied mutatis mutandis pursuant to paragraph (1) of this Article are applicable, a person that makes a perfor-mance available for transmission pursuant to the provisions of the preceding para-graph must pay a reasonable amount of remuneration to the owner of the right set forth in Article 92-2, paragraph (1) with respect to that performance.

     (7) The provisions of the preceding two paragraphs apply mutatis mutandis to the exploitation of a phonogram that is the subject of neighboring rights. In this case, in the preceding paragraph, the phrase "Article 92-2, paragraph (1)" is deemed to be re-placed with "Article 96-2".

     (8) If it is permissible for a person to broadcast or cablecast a work pursuant to the provisions of Article 39, paragraph (1) or Article 40, paragraph (1) or (2), it is also permissible for the person to cablecast the work or use a special instrument that en-larges images to communicate the work to the public based on the receipt of that broadcast or cablecast transmission, and to receive such a broadcast transmission and simultaneously make the work available for transmission (but only by inputting the data into an automatic public transmission server that is connected with a public telecommunications network) with the objective of allowing an exclusive audience within the service area that the broadcast is intended for to receive it.

     (9) The persons set forth in the following are deemed to have recorded the sound or visuals of a performance, etc. or to have reproduced a performance, etc. pursuant to Article 91, paragraph (1), Article 96, Article 98 or Article 100-2:

      (i) a person that distributes a copy of a performance, etc. which has been made based on the application of the provisions of Article 30, paragraph (1); Article 30-3; Article 31, paragraph (1), item (i) or the second sentence of paragraph (3); Article 35, paragraph (1); Article 37, paragraph (3); Article 37-2, item (ii); Article 41 through 42-3; Article 43, paragraph (2); Article 44, paragraph (1) or (2); Article 47, paragraph (1) or (3); Article 47-2; or Article 47-5, paragraph (1) as applied mutatis mutandis pursuant to paragraph (1) of this Article, or that presents a performance, sounds from a phonogram, or sounds or images from a broadcast or cablecast to the public by means of such a copy, for a purpose other than what is provided for in those provisions;

      (ii) a person that uses a copy of a performance, etc. that has been created based on the application of the provisions of Article 30-4 as applied mutatis mutandis pursuant to paragraph (1) of this Article to exploit that performance, etc. with the purpose of personally enjoying or causing another person to enjoy it, irrespective of the manner in which the person exploits it;

      (iii) a broadcaster or cablecaster that preserves a sound or visual recording provided for in Article 44, paragraph (3) as applied mutatis mutandis pursuant to paragraph (1) of this Article, in violation of the provisions of that paragraph;

      (iv) a person that uses a copy of a performance, etc. that has been created based on the application of the provisions of Article 47-4; or Article 47-5, paragraph (2) as applied mutatis mutandis pursuant to paragraph (1), to exploit that perfor-mance, etc. for a purpose other than what is provided for in those provisions, irre-spective of the manner in which the person exploits it;

      (v) a person that distributes a copy of a performance or phonogram that has been created based on the application of the provisions of paragraph (3) or (4), or that uses such a copy to present sounds from the performance or phonogram to the public, for a purpose other than what is provided for in Article 33-2, paragraph (1) or Article 37, paragraph (3).

    (Relationship with the Moral Rights of Performers)

     Article 102-2 The provisions of the preceding Article that concern limitations on neighboring rights (other than the provisions of paragraphs (7) and (8) of that Article) must not be interpreted as affecting the protection of the moral rights of performers.

    (Transfer and Exercise of Neighboring Rights)

     Article 103 The provisions of Article 61, paragraph (1) apply mutatis mutandis to the transfer of neighboring rights, the provisions of Article 62, paragraph (1) to the expiry of those rights, the provisions of Article 63 to the authorization to exploit a performance, phonogram, broadcast, or cablecast, the provisions of Article 65 to the joint authorship of those rights, the provisions of Article 66 to the establishment of a pledge on those rights, and the provisions of Article 67; Article 67-2 (except the provi-so to paragraph (1)); Article 70 (except paragraphs (3) and (4)); Articles 71 through 73; and Article 74, paragraphs (3) and (4) to the exploitation of a performance, phono-gram, broadcast, or cablecast if the owners of neighboring rights cannot be found. In this case, in Article 63, paragraph (5), the phrase "Article 23, paragraph (1)"is deemed to be replaced with "Article 92-2, paragraph (1), Article 96-2; Article 99-2, paragraph (1); or Article 100-4", and in Article 70, paragraph (5), the phrase "the preceding para-graph"is deemed to be replaced with "Article 67, paragraph (1), as applied mutatis mutandis pursuant to Article 103".

    (Registration of Neighboring Rights)

     Article 104 The provisions of Article 77 and Article 78 (except paragraph (3)) apply mutatis mutandis to the registration of neighboring rights. In this case, in para-graphs (1), (2), (4), (8), and (9) of the latter Article, the phrase "the copyright register" is deemed to be replaced with "the register of neighboring rights".

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