Copyright Act

It is permissible to record a work onto a recording medium or adapt it (this includes recording a derivative work created thereby), to the extent that this is found to be necessary, if the purpose is to undertake computerized data analysis (meaning extracting information concerning the language, sounds, images, and other elements that constitute information from a large amount of information such as a large number of works, and comparing, classifying, or otherwise performing statistical analysis on it; the same applies hereinafter in this Article); provided, however, that this does not apply to a database work created for use by the person undertaking the data analysis.

If a work is exploited on a computer using a copy of that work, or a work transmitted as a wireless communications or wired telecommunications is exploited after receiving that transmission (limited to when such exploitation or the use of that copy does not infringe copyright), it is permissible to record that work onto the recording medium of that computer, in the course of the data processing that the computer does for such exploitation, to the extent that this is found to be necessary in order to smoothly and efficiently perform that data processing.

If data is provided by a means that applies information or communication technologies, and computerized data processing that is necessary to prepare to provide that data smoothly and efficiently is undertaken, it is permissible to record a work onto a recording medium or adapt it (this includes recording a derivative work created thereby), to the extent that this is found to be necessary.

A work that may be reproduced pursuant to the provisions of Article 31, paragraph (1) (limited to the part concerned with item (i); the same applies hereinafter in this Article) or the second sentence of paragraph (3); Article 32; Article 33, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (4) of that Article); Article 33-2, paragraph (1) or (4); Article 34, paragraph (1); Article 35, paragraph (1); Article 36, paragraph (1); Article 37; Article 37-2 (excluding item (ii); the same applies hereinafter in this Article); Article 39, paragraph (1); Article 40, paragraph (1) or (2); Articles 41 through 42-2; Article 42-3, paragraph (2); or Articles 46 through 47-2 may be made available to the public through the transfer of copies made under the application of those provisions (excluding, in the case of Article 31, paragraph (1) or the second sentence of paragraph (3); Article 35, paragraph (1); Article 36, paragraph (1); or Article 42, copies of a cinematographic work (including, for a work that has been reproduced in a cinematographic work, copies of that cinematographic work; the same applies hereinafter in this Article)); provided, however, that this does not apply if copies of a work made under the application of the provisions of Article 31, paragraph (1) or the second sentence of paragraph (3); Article 33-2, paragraph (1) or (4); Article 35, paragraph (1); Article 37, paragraph (3); Article 37-2; Articles 41 through 42-2; Article 42-3, paragraph (2); or Article 47-2 (excluding, in the case of Article 31, paragraph (1) or the second sentence of paragraph (3); Article 35, paragraph (1); or Article 42, copies of a cinematographic work) are transferred to the public for a purpose other than the purpose provided for in Article 31, paragraph (1) or the second sentence of paragraph (3); Article 33-2, paragraph (1) or (4); Article 35, paragraph (1); Article 37, paragraph (3); Article 37-2; Articles 41 through 42-2; Article 42-3, paragraph (2); or Article 47-2.

In a case set forth in one of the following items, the source of the work must be clearly indicated in the manner and to the extent considered reasonable, commensurate with the circumstances of its reproduction or exploitation:

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

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

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

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

If a work is exploited by translation, musical arrangement, reformulation, or adaptation pursuant to the provisions of Article 43, the source of that work must be indicated pursuant to the provisions of the preceding two paragraphs.

The following persons are deemed to have undertaken the reproduction referred to in Article 21:

a person that distributes a copy of a work that has been created based on the application of the provisions of Article 30, paragraph (1); Article 30-3; Article 31, paragraph (1), item (i) or the second sentence of paragraph (3); Article 33-2, paragraph (1) or (4); Article 35, paragraph (1); Article 37, paragraph (3); the first sentence of Article 37-2 (or item (ii) of that Article, in a case referred to in that item; the same applies in item (i) of the following paragraph); Articles 41 through 42-3; Article 42-4, paragraph (2); Article 44, paragraph (1) or (2); Article 47-2; or Article 47-6 (other than one constituting a copy as referred to in item (iv) of the following paragraph), or presents the work to the public by means of such a copy, for a purpose other than what is provided for in those provisions;

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

a person that distributes a copy of a work that has been created based on the application of the provisions of Article 47-3, paragraph (1) (other than one constituting a copy as referred to in item (ii) of the following paragraph) or a copy of a work that has been temporarily recorded onto a recording medium other than the built-in recording medium referred to in Article 47-4, paragraph (1) or (2) based on the application of the provisions of those paragraphs, or presents those works to the public by means of such copies;

a person that preserves a copy as referred to in Article 47-3, paragraph (2), Article 47-4, paragraph (3), or Article 47-5, paragraph (3) (other than one constituting a copy as referred to in item (ii) of the following paragraph) in violation of the provisions of those paragraphs;

a person that uses a copy of a work that has been created based on the application of the provisions of Article 30-4; Article 47-5, paragraph (1) or (2); Article 47-7; or Article 47-9 (other than one constituting a copy as referred to in item (vi) of the following paragraph) to exploit the work for a purpose other than what is provided for in those provisions;

a person that, in violation of the provisions of the proviso to Article 47-6, makes an automatic public transmission (including making it available for transmission) of a work using a copy of that work that has been created based on the application of the provisions of the main clause of that Article (other than one constituting a copy as referred to in item (v) of the following paragraph);

a person that exploits a work by using a copy of that work that has been created based on the application of the provisions of Article 47-8 in place of the use of the copy of that work provided for in that Article, or by using it without receiving the transmission of that work provided for in that Article (in the case where that transmission is made automatically in response to a request from the recipient, receipt of that transmission or an act specified by Cabinet Order as equivalent thereto).

A person as follows is deemed to have undertaken, under Article 27, the translation, musical arrangement, reformulation, or adaption of the original work underlying the derivative work in question:

a person that distributes a copy of a derivative work that has been created in accordance with the provisions set forth in the items of Article 43, based on the application of the provisions of that Article, or that presents that derivative work to the public by means of such a copy, for a purpose other than what is provided for in Article 30, paragraph (1); Article 31, paragraph (1), item (i) or the second sentence of paragraph (3); Article 33-2, paragraph (1); Article 35, paragraph (1); Article 37, paragraph (3); the first sentence of Article 37-2; Article 41; or Article 42;

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

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

a person that distributes a copy of a derivative work that has been created based on the application of Article 30-3; or Article 47-6, or that presents that derivative work to the public by means of such a copy, for a purpose other than what is provided for in those provisions;

a person that, in violation of the provisions of the proviso to Article 47-6, makes an automatic public transmission (including making it available for transmission) of a derivative work using a copy of that derivative work that has been created based on the application of the provisions of the main clause of that Article;

a person that uses a copy of a derivative work that has been created based on the application of Article 30-4; Article 47-7; or Article 47-9, to exploit the derivative work for a purpose other than what is provided for in those provisions.

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

The duration of copyright begins at the time the work is created.

Unless otherwise specified in this Section, a copyright subsists for a period of 50 years after the death of the author (or the death of the last surviving co-author, for a joint work; the same applies in paragraph (1) of the following Article).

The copyright to an anonymous work or a work under a pseudonym subsists for a period of 50 years after the work is made public; provided, however, that if, before the expiration of a duration of copyright for an anonymous work or a work under a pseudonym, it is found that 50 years have elapsed since the death of the author of that work, the copyright is deemed to have expired at the time that is found to constitute the expiration of 50 years since the death of the author.

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

the pseudonym adopted by the author of a pseudonymous work is commonly known to be that author's pseudonym;

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

the author makes the work public using the author's true name or the pseudonym by which the author is commonly known to indicate the name of the author, within the period referred to in the preceding paragraph.

The copyright to a work whose authorship is attributed to a corporation or other organization subsists for a period of 50 years after the work is made public (or for a period of 50 years after the creation of the work, if the work is not made public within 50 years of its creation).

The provisions of the preceding paragraph do not apply if the individual who is the author of a work whose authorship is attributed to a corporation or other corporate body, makes the work public and uses that individual's true name or the pseudonym by which that individual is commonly known to indicate the name of the author, within the period referred to in the preceding paragraph.

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