Copyright Act

The provisions of Article 30, paragraph (1); Articles 30-2 through 32; Article 35; Article 36; Article 37, paragraph (3); Article 37-2 (except item (i); the same applies in the following paragraph); Article 38, paragraphs (2) and (4); Articles 41 through 42-4; Article 44 (except paragraph (2)); and Articles 47-4 through 47-9 apply mutatis mutandis to the exploitation of a performance, phonogram, broadcast, or cablecast that is the subject of neighboring rights; the provisions of Article 30, paragraph (2) and Article 47-10 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 exploitation of a performance, phonogram, or cablecast that is the subject of neighboring rights. In this case, the phrase "Article 23, paragraph (1)" in Article 44, paragraph (1) is deemed to be replaced with "Article 92, paragraph (1); Article 99, paragraph (1); or Article 100-3", and the phrase "Article 23, paragraph (1)" in Article 44, paragraph (2) is deemed to be replaced with "Article 92, paragraph (1) or Article 100-3".

If a performance or phonogram or sounds or images from a broadcast or cablecast (hereinafter referred to as a "performance, etc.") are reproduced pursuant to the provisions of Article 32, Article 37, paragraph (3), Article 37-2 or Article 42, as applied mutatis mutandis pursuant to the preceding paragraph, or are reproduced 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 reproduction.

If it is permissible to reproduce a work printed in a 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 associated with the relevant 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 paragraph.

If a person set forth by Cabinet Order that is as referred to in Article 37, paragraph (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 transmission, and may present the performance or phonogram to the public through the transfer of copies thereof, for the purpose referred to in that paragraph.

A broadcast performance that is the subject of neighboring rights may be made available for transmission (limited to by inputting information to an automatic public transmission server connected to a public telecommunications network) solely for the purpose of being received in the broadcast area of that broadcast; provided, however, 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 broadcast.

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 performance available for transmission pursuant to the provisions of the preceding paragraph must pay a reasonable amount of compensation to the owner of the right set forth in Article 92-2, paragraph (1) with respect to that performance.

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 replaced with "Article 96-2".

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 enlarges images to communicate the work to the public based on the receipt of that broadcast or cablecast transmission, or, based on the receipt of that broadcast transmission, to make the work available for transmission simultaneously (limited to by inputting information to an automatic public transmission server connected to a public telecommunications network) solely for the purpose of being received in the broadcast area of that broadcast.

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:

a person that distributes a copy of a performance, etc. 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 35, paragraph (1); Article 37, paragraph (3); Article 37-2, item (ii); Articles 41 through 42-3; Article 42-4, paragraph (2); Article 44, paragraph (1) or (2); or Article 47-6 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;

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

a person that distributes a copy of a performance, etc. that has been temporarily recorded on a recording medium other than the built-in recording medium provided for in Article 47-4, paragraph (1) or (2), based on the application of the provisions of Article 47-4, paragraph (1) or (2) as applied mutatis mutandis pursuant to paragraph (1), 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;

a person that preserves a copy referred to in Article 47-4, paragraph (3) or Article 47-5, paragraph (3) as applied mutatis mutandis pursuant to paragraph (1), in violation of the provisions of those paragraphs;

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; Article 47-5, paragraph (1) or (2); Article 47-7; or Article 47-9 as applied mutatis mutandis pursuant to paragraph (1), to exploit that performance, etc. for a purpose other than what is provided for in those provisions;

a person that, in violation of the proviso to Article 47-6 as applied mutatis mutandis pursuant to paragraph (1), makes a performance, etc. available for transmission using a copy of that performance, etc. that has been created based on the application of the main clause of that Article;

a person that exploits a performance, etc. by using a copy of that performance, etc. that has been created based on the application of the provisions of Article 47-8 as applied mutatis mutandis pursuant to paragraph (1), in place of the use of the copy provided for in that Article, or without receiving the transmission provided for in that Article relating to that performance, etc. (or, if that transmission is made automatically in response to a request from the recipient, without receiving that transmission or performing an act specified by Cabinet Order as equivalent to it);

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).

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.

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 cases where those rights are jointly owned; the provisions of Article 66 to cases where a pledge has been established on those rights; and the provisions of Article 67; Article 67-2 (except the proviso 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, phonogram, broadcast, or cablecast if the owner of neighboring rights cannot be contacted. 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 paragraph" is deemed to be replaced with "Article 67, paragraph (1) as applied mutatis mutandis pursuant to Article 103".

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