Copyright Law of Japan

    OLD COPYRIGHT LAW(Extract)

    (Law No.39, of March 4, 1899, as amended up to December 8, 1969 by Law No.82)

     Article 3. Copyright in a work published or publicly performed shall endure for the lifetime of its author and for thirty years after his death.

    Copyright in a work jointly produced by two or more persons shall endure for thirty years after the death of the last surviving author.

     Article 4. Copyright in a work [first] published or publicly performed after the death of its author shall endure for thirty years from the time of such publication or public performance.

     Article 5. Copyright in an anonymous or pseudonymous work shall endure for thirty years from the time of publication or public performance; provided, however, that the provisions of Article 3 shall apply if the author has his true name registered within that period.

     Article 6. Copyright in a work published or publicly performed under the name of a governmental or public agency, school, shrine or temple, association, company or any other organization as its author shall endure for thirty years from the time of such publication or public performance.

     Article 7. If the copyright owner does not publish a translation of the original work within ten years after the publication of his work, his right of translation shall cease to exist.

    If the copyright owner publishes, within the time limit stipulated in the preceding paragraph, a translation in the language for which he seeks protection, his right of translation into such language shall not cease to exist.

     Article 22-3. The author of a work produced by means of cinematography or a process analogous thereto shall be deemed the author of a work of literature, science or art, and shall enjoy protection under this Law. In regard to the period of protection,the provisions of Articles 3 to 6 and Article 9 shall apply to those with originality, and the provision of Article 23 shall apply to those without originality.

     Article 23. Copyright in a photograph shall endure for ten years.

    The period under the preceding paragraph shall be calculated from the beginning of the year following the year in which such work was first published. If no publication has been effected, the period shall be calculated from the beginning of the year fol-lowing the year in which the negative was made.

    A person who has lawfully reproduced an artistic work by means of photography shall enjoy protection under this Law for the same period as the copyright in the orig-inal work; provided, however, that any agreement otherwise signed between the par-ties concerned shall be followed.

     Article 52. In Articles 3 to 5, "thirty years"shall read for the time being "thir-ty-eight years", except in cases of copyright in performances and singing as well as copyright provided for in Article 22septies.

    In Article 6, "thirty years"shall read for the time being "thirty-three years", except in cases of copyright in performances and singing as well as copyright provided for in Article 22septies.

    In the first paragraph of Article 23, "ten years",shall read for the time being "thirteen years".

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