33 provisions changed · 8 provisions added · 10 provisions removed · 6 provisions in the supplementary provisions
Each provision the amendment changes, before and after in one: words it removes are struck through, words it adds are highlighted. The Japanese is the law; the icon beside each English column says whose English it is.
the alteration of a written character or word, or any other modification made to a work when it is exploited pursuant to the provisions of Article 33, paragraph (1) (or (2) (including when these apply mutatis mutandis pursuant to paragraph (45) of that Article), Article 33-2, paragraph (1), Article 33-3, paragraph (1 or (2), or Article 34, paragraph (1), which is found to be unavoidable for the purpose of school education;
It is permissible to print a work that has been made public in a textbook (meaning a textbook provided for in Article 34, paragraph (1) of the School Education Act (Act No. 26 of 1947) (including as applied mutatis mutandis pursuant to Article 49; Article 49-8; Article 62; Article 70, paragraph (1); and; the same applies hereinafter in this Article 82 of that Act);and the same applies hereinafterfollowing Article), to the extent that this is found to be necessary for the purpose of school education.
A person that prints It is permissible to exploit a work that has been printed in a textbook pursuant , in any way and to the provisions of extent considered necessary, in connection with the preceding paragraph must inform adoption of textbooks pursuant to Article 13 of the author Act on Measures for Free Provision of this and pay compensation to the copyright owner Textbooks, etc. for Compulsory Education Schools (Act No. 182 of 1963), publication provided for in the amount calculated based Article 2, paragraph (2) of the Act on a method established Temporary Measures concerning Publication of Textbooks (Act No. 132 of 1948), any other act equivalent thereto that is specified by Order of the CommissionerMinistry of the Agency for Cultural Affairs in consideration Education, Culture, Sports, Science and Technology, or the ordinary use of the purport textbook as necessary for the purpose of school education (limited to use not for profit); provided, however, that this does not apply if the provisions action would unreasonably prejudice the interests of the preceding paragraph, copyright owner in light of the nature andor purpose of the work, the ordinary rate or the circumstances of royalties, and other conditionsits exploitation.
When A person that prints a work in a textbook pursuant to the provisions of paragraph (1) must inform the author of this and pay compensation to the copyright owner in the amount calculated based on a method established by the Commissioner of the Agency for Cultural Affairs has established in consideration of the method referred to in purport of the provisions of that paragraph, the nature and purpose of the work, how that work is exploited under the preceding paragraph, and the commissioner announces this usingcircumstances of its exploitation, the internet or by any other appropriate methodordinary rate of royalties, and other conditions.
The provisions of the preceding three paragraphs apply mutatis mutandis toWhen the reproductionCommissioner of works in textbooks intendedthe Agency for use in high school correspondence courses (including correspondence courses forCultural Affairs has established the upper-class levels of a school for secondary education) andmethod referred to in the teachers' manuals for textbooks (limited to teachers' manuals published by the person publishing the textbooks)preceding paragraph, the commissioner announces this using the internet or by any other appropriate method.
The provisions of the preceding paragraphs apply mutatis mutandis to the reproduction of works in textbooks intended for use in high school correspondence courses (including correspondence courses for the upper-class levels of a school for secondary education) and in the teachers' manuals for textbooks (limited to teachers' manuals published by the person publishing the textbooks), and to the exploitation of the works so reproduced.
(Printing of WorksReproduction, etc. in Alternative Teaching Materials toOrder to Prepare Large-Print Textbooks), etc.
教科用図書代替教材への掲載拡大図書等の作成のための複製等
ChangedArticle 33-2, paragraph (1)
It is permissibleIn order to printmake a work that has been printed in a textbook in alternative teaching materials for textbooks (meaning teaching materials providedavailable for in Article 34, paragraph (2) of the School Education Act that may be exploited pursuant to Article 34, paragraph (2)learning purposes of children or (3) of that Act (including cases where these provisions are applied mutatis mutandis pursuantstudents who have difficulty using a work printed in a textbook due to Article 49; Article 49-8; Article 62; Article 70, paragraph (1); and Article 82 of that Act; hereinaftera visual impairment, developmental disorder, or other disabilities, it is permissible to reproduce the same applies in this paragraph); hereinafter the same applies in thiswork with enlarged letters, illustrations and the following paragraph) and exploit that worklike used in line with the exploitation of the alternative teaching materials for textbooks, irrespective of the manner in which that work is exploited, to the extent that this is foundrelevant textbook, or by any other means necessary for those children or students to be necessary for the purpose of school educationuse that work.
A person that prints It is permissible to exploit a work that has been printedreproduced in a textbook in alternative teaching materials to textbooksor any other copy prepared pursuant to the provisionprovisions of the preceding paragraph must inform (excluding a copy in which the person that publishes work is reproduced in Braille, and limited to a copy in which all of or a considerable part of the work printed in the relevant textbook of this is reproduced; hereinafter in advance this paragraph and pay compensation the following paragraph referred to the copyright owner as a "large-print textbook, etc."), in the amount calculated based on a method established byany way and to the extent considered necessary for the Commissioner learning purposes of the Agency for Cultural Affairs children or students referred to in consideration of the purport of the preceding paragraph, in connection with the provisionuse of that paragraph, the circumstances oflarge-print textbook, etc.; provided, however, that work and how that work is exploited under that paragraph,this does not apply if the action would unreasonably prejudice the amountinterests of compensation provided forthe copyright owner in paragraph (2) light of the nature or purpose of the preceding Article, and other conditionswork or the circumstances of its exploitation.
When A person that seeks to prepare a large-print textbook, etc. must inform the Commissioner person that publishes the relevant textbook of this in advance; and, if the Agencyperson, for Cultural Affairs has established profit, distributes the large-print textbook, etc. or makes a public transmission (including, in the method referred to case of automatic public transmission, making available for transmission) of a work printed in the preceding paragraph, large-print textbook, etc., the commissioner announces this using person must pay the copyright owner of the internet or by any other appropriate work compensation in the amount calculated based on a method established by the Commissioner of the Agency for Cultural Affairs in proportion to the amount of compensation provided for in paragraph (3) of the preceding Article.
Article 33-3 · (Reproduction in Order to Prepare a Large-Print Textbook)第三十三条の三（教科用拡大図書等の作成のための複製等）
RemovedArticle 33-3, paragraph (1)
In order to make a work printed in a textbook available for the leaning purposes of children or students who have difficulty using such a work printed in a textbook due to a visual impairment, developmental disorder, or other disabilities, it is permissible to reproduce the work with enlarged letters, illustrations and the like, or by any other means necessary for those children or students to use that work.
A person that seeks to prepare textbooks or any other copies in which works are reproduced pursuant to the provisions of the preceding paragraph (excluding copies in which the works are reproduced in Braille, and limited to copies in which all of or a considerable part of the works printed in the relevant textbook are reproduced; hereinafter in this paragraph referred to as a "large-print textbook, etc.") must inform the person that publishes the relevant textbook of this in advance; and, if the person distributes the large-print textbooks, etc. commercially, the person must pay the owners of the copyrights to the relevant works compensation in the amount calculated based on a method established by the Commissioner of the Agency for Cultural Affairs in proportion to the amount of compensation provided for in Article 33, paragraph (2).
When the Commissioner of the Agency for Cultural Affairs has established the calculation method referred to in the preceding paragraph, the commissioner announces this using the internet or by any other appropriate method.
A person that provides electronic or magnetic records of the works printed in a textbook pursuant to the provisions of Article 5, paragraph (1) or (2) of the Act to Accelerate the Dissemination of School Textbooks for Children and Students with Disabilities (Act No. 81 of 2008) may exploit those works, to the extent that is found to be necessary in order for the person to provide those electronic or magnetic records.
When the Commissioner of the Agency for Cultural Affairs has established the method referred to in the preceding paragraph, the commissioner announces this using the internet or by any other appropriate method.
A person that provides an electronic or magnetic record of a work printed in a textbook pursuant to Article 5, paragraph (1) or (2) of the Act on Promotion of Distribution of Specified Books, etc. Used as Textbooks for Disabled Children and Students (Act No. 81 of 2008) may exploit that work to the extent considered necessary for that provision.
A person set forth by Cabinet Order that engages in an undertaking related to the welfare of persons for whom it is difficult to perceive visual renderings due to a visual or other impairment (hereinafter in this paragraph and in Article 102, paragraph (43) any such person is referred to as a "person with a visual or vision-related impairment") may reproduce a work that has been made public and that is made available or presented to the public in a rendered form that is perceived visually (including a work that has been made public and that is made available or presented to the public in a form that is perceived both visually and through other senses) (including a work other than the work in question which is reproduced therein or which is made available or presented to the public in a body united with the former work; hereinafter in this paragraph and in Article 102, paragraph (43) referred to as a "visual work"), and may transmit engage in public transmission of such a visual work to the public by changing texts in the visual work into sounds or in any other form that is necessary to allow the visual work to be used by persons with a visual andor vision-related impairmentsimpairment who have difficulty in using that visual work in its visual form, within the limits that are found to be necessary in order to provide the visual work for their exclusive use; provided, however, that this does not apply if the visual work has already been made available or presented to the public in such a form by the copyright owner, a person authorized thereby, a person in favor of whom the print rights set forth in Article 79 have been established, a person authorized thereby to reproduce the visual workgranted authorization for reproduction thereby, or a person authorized thereby to transmit the visual work to the publicgranted authorization for public transmission thereby.
A work that may be reproduced pursuant to the provisions of Article 30-2, paragraph (2); Article 30-3; Article 30-4; Article 31, paragraph (1) (limited to the part concerned with item (i); the same applies hereinafter in this Article) or paragraph (7) (limited to the part concerned with item (i); the same applies hereinafter in this Article); Article 32; Article 33, paragraph (1) (or (2) (including when application mutatis mutandis is provided for under the provisions of paragraph (45) of that Article); Article 33-2, paragraph (1), Article 33-3, paragraph (1(2) or (45); Article 34, paragraph (1); Article 35, paragraph (1); Article 36, paragraph (1); Article 37; Article 37-2 (except item (ii); the same applies hereinafter in this Article); Article 39, paragraph (1); Article 40, paragraph (1) or (2); Article 41; Article 41-2, paragraph (1); Article 42; Article 42-2, paragraph (1); Article 42-3; Article 42-4, paragraph (2); Article 46; Article 47, paragraph (1) or (3); Article 47-2; Article 47-4 or 47-5, is also permitted to be made available to the public through the transfer of a copy of that work that is made based on the application of those provisions (excluding copies of a cinematographic work in a case under the provisions of Article 31, paragraph (1) or paragraph (7); Article 36, paragraph (1); Article 41-2, paragraph (1); Article 42; or Article 42-2, paragraph (1) (if the work is one that has been reproduced in a cinematographic work, this exclusion also applies to copies of the relevant cinematographic work; the same applies hereinafter in this Article)); provided however, that this does not apply if the copy of that work that is made based on the application of the provisions of Article 30-3; Article 31, paragraph (1) or paragraph (7); Article 33-233, paragraph (1), 2) (including when application mutatis mutandis is provided for under the provisions of paragraph (5) of that Article 33-3; the same applies hereinafter in this Article); Article 33-2, paragraph (1), (2) or (45); Article 35, paragraph (1); Article 37, paragraph (3); Article 37-2; Article 41; Article 41-2, paragraph (1); Article 42; Article 42-2, paragraph (1); Article 42-3; Article 42-4, paragraph (2); Article 47, paragraph (1) or (3); Article 47-2; Article 47-4 or 47-5 (excluding a copy of a cinematographic work in a case under the provisions of Article 31, paragraph (1) or paragraph (7); Article 41-2, paragraph (1); Article 42; or Article 42-2, paragraph (1)) is transferred to the public for a purpose other than what is provided for in Article 30-3; Article 31, paragraph (1) or paragraph (7); Article 33-233, paragraph (1),2); Article 33-333-2, paragraph (1), (2) or (45); Article 35, paragraph (1); Article 37, paragraph (3); Article 37-2; Article 41; Article 41-2, paragraph (1); Article 42; Article 42-2, paragraph (1); Article 42-3; Article 42-4, paragraph (2); Article 47, paragraph (1) or (3); Article 47-2; Article 47-4 or 47-5, or if a person transfers to the public a copy of that work that has been made based on the application of the provisions of Article 30-4 with the purpose of personally enjoying or causing another person to enjoy the thoughts or sentiments expressed in the work.
a work is reproduced pursuant to the provisions of Article 32; Article 33, paragraph (1) (or (2) (including when application mutatis mutandis is provided for pursuant to the provisions of paragraph (45) of that Article); Article 33-2, paragraph (1); Article 33-3, paragraph (1 or (2); Article 37, paragraph (1); Article 41-2, paragraph (1); Article 42; Article 42-2, paragraph (1); or Article 47, paragraph (1);
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), paragraph (2), item (i), paragraph (4), paragraph (7), item (i) or paragraph (9), item (i); Article 33-233, paragraph (1); 2) (including when application mutatis mutandis is provided for under the provisions of paragraph (5) of that Article; the same applies in item (ii) of the following paragraph); Article 33-333-2, paragraph (1), (2) or (45); 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); Article 41; Article 41-2, paragraph (1); Article 42; Article 42-2, paragraph (1); Article 42-3; Article 42-4; Article 43, paragraph (2); Article 44, paragraphs (1) through (3); Article 47, paragraph (1) or (3); Article 47-2; or Article 47-5, paragraph (1) (excluding a copy that constitutes a copy referred to in item (i) or (ii) of the following paragraph), or presents the work to the public by means of such a copy (this includes making the work available for transmission; the same applies hereinafter), for a purpose other than what is stipulated in those provisions;
a person that distributes a copy of a derivative work that has been created based on the application of Article 47-6, paragraph (2) and in accordance with what is set forth in the items of Article 47-6, paragraph (1), 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), paragraph (2), item (i), paragraph (4), paragraph (7), item (i) or paragraph (9), item (i); Article 33-2, paragraph (1); Article 33-3, paragraph (1); Article 35, paragraph (1); Article 37, paragraph (3); the first sentence of Article 37-2; Article 41; Article 41-2, paragraph (1); Article 42; Article 42-2, paragraph (1); or Article 47, paragraph (1) or (3);
a person that distributes a copy of a derivative work that has been created based on the application of Article 30-3; Article 33, paragraph (2); Article 33-2, paragraph (2); or Article 47-5, paragraph (1), 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;
the method of calculation under Article 33, paragraph (23) (including as applied mutatis mutandis pursuant to the provisions of paragraph (45) of that Article), Article 33-2, paragraph (2) or Article 33-333-2, paragraph (23);
In the following cases, a person that is required to pay the compensation referred to in Article 33, paragraph (23) (including as applied mutatis mutandis pursuant to the provisions of paragraph (45) of that Article); Article 33-2, paragraph (2); Article 33-3, paragraph (23); Article 68, paragraph (1); or Article 69, paragraph (1) must deposit the compensation instead of paying it:
The provisions of Articles 30-2 through 30-4; Article 31, paragraph (1) and paragraph (7) (limited to the part concerned with item (i)); Article 32; Article 33, paragraphparagraphs (1) (and (2) (including as applied mutatis mutandis pursuant to the provisions of paragraph (45) of that Article); Article 33-2, paragraphparagraphs (1); Article 33-3, paragraphs (1, (2) and (45); Article 34, paragraph (1); Article 35, paragraph (1); Article 36, paragraph (1); Article 37; Article 37-2; Article 39, paragraph (1); Article 40, paragraphs (1) and (2); Article 41; Article 41-2, paragraph (1); Article 42; Article 42-2, paragraph (1); Article 42-3; Article 42-4, paragraph (2); Article 46; Article 47, paragraphs (1) and (3); Article 47-2; Articles 47-4 and 47-5 apply mutatis mutandis to the reproduction of works subject to print rights. In this case, the term "copyright owner" in the proviso to Article 30-2, paragraph (1); the proviso to Article 30-2, paragraph (2); Article 30-3; the proviso to Article 30-4; Article 31, paragraph (1), item (i); the proviso to Article 33, paragraph (2) (including as applied mutatis mutandis pursuant to the provisions of paragraph (5) of that Article); the proviso to Article 33-2, paragraph (2); the proviso to Article 35, paragraph (1); the proviso to Article 41-2, paragraph (1); the proviso to Article 42; the proviso to Article 42-2, paragraph (1); the provisos to Article 47, paragraphs (1) and (3); Article 47-2; the provisos to Article 47-4, paragraphs (1) and (2); and the provisos to Article 47-5, paragraphs (1) and (2) is deemed to be replaced with "owner of print rights"; and the phrase "copyright infringement" in the proviso to Article 47-5, paragraph (1) is deemed to be replaced with "infringement of print rights".
a person distributing a copy of a work that has been created based on the application of the provisions of Article 30-3; Article 31, paragraph (1), item (i) or paragraph (7), item (i); Article 33-233, paragraph (1); 2) (including as applied mutatis mutandis pursuant to the provisions of paragraph (5) of that Article; the same applies in the following paragraph); Article 33-333-2, paragraph (1), (2) or (45); 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); Article 41; Article 41-2, paragraph (1); Article 42; Article 42-2, paragraph (1); Article 42-3; Article 42-4, paragraph (2); Article 47, paragraph (1) or (3); Article 47-2; or Article 47-5, paragraph (1) as applied mutatis mutandis pursuant to the preceding paragraph, or presents that work to the public by means of such a copy, for a purpose other than what is provided for in those provisions;
The provisions of Articles 30-2 through 30-4; Article 31, paragraph (2) (limited to the part concerned with item (ii)), paragraph (5), the first sentence of paragraph (7), and paragraph (8); Article 32, paragraph (1); Article 33-233, paragraph (12); Article 33-3, paragraph (4)33-2, paragraphs (2) and (5); Article 35, paragraph (1); Article 36, paragraph (1); Article 37, paragraphs (2) and (3); Article 37-2 (except item (ii)); Article 40, paragraph (1); Article 41; Article 41-2, paragraph (2); Article 42; Article 42-2, paragraph (2); Article 42-3; Article 42-4, paragraph (2); Article 46; Article 47, paragraphs (2) and (3); Article 47-2; Article 47-4; and Article 47-5 apply mutatis mutandis to the public transmission of works subject to print rights. In this case, the term "copyright owner" in the proviso to Article 30-2, paragraph (1); the proviso to Article 30-2, paragraph (2); Article 30-3; the proviso to Article 30-4; Article 31, paragraph (5); the proviso to Article 33, paragraph (2); the proviso to Article 33-2, paragraph (2); the proviso to Article 35, paragraph (1); the proviso to Article 36, paragraph (1); the proviso to Article 41-2, paragraph (2); the proviso to Article 42; the proviso to Article 42-2, paragraph (2); the provisos to Article 47, paragraphs (2) and (3); Article 47-2; the provisos to Article 47-4, paragraphs (1) and (2); and the provisos to Article 47-5, paragraphs (1) and (2) is deemed to be replaced with "owner of print rights"; in Article 31, paragraph (2), the phrase "of the copyright owner" is deemed to be replaced with "of the owner of print rights" and the phrase "the copyright owner, a person authorized thereby, a person in favor of whom the print rights set forth in Article 79 have been established, or" is deemed to be replaced with "a person in favor of whom the print rights set forth in Article 79 have been established, or"; and the phrase "copyright infringement" in the proviso to Article 47-5, paragraph (1) is deemed to be replaced with "infringement of print rights".
The provisions of Article 30, paragraph (1) (except item (iv); the same applies in paragraph (98), item (i)); Articles 30-2 through 3233-2, 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); Articles 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 provisions of Article 30, paragraph (3) and Article 47-7 apply mutatis mutandis to the exploitation of a performance or phonogram that is the subject of neighboring rights; the provisions of Articles 33 through 33-3 apply mutatis mutandis to the exploitation of a broadcast or cablecast 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, respectively. In this case: in Article 30, paragraph (1), item (iii), the phrase "an automatic public transmission that infringes on a copyright (including an automatic public transmission that is transmitted abroad and...)" is deemed to be replaced with "an automatic public transmission involving making a work available for transmission that infringes on a copyright (including making a work available for transmission that is undertaken abroad and...)"; in Article 33, paragraph (3), the phrase "inform the author of this" is deemed to be replaced with "in the case of exploiting a performance, inform the performer of this"; in Article 44, paragraph (1), the phrase "Article 23, paragraph (1)" is deemed to be replaced with "Article 92, paragraph (1); Article 92-2, paragraph (1), Article 96-2, Article 99, paragraph (1); or Article 100-3", in Article 44, paragraph (2), the phrase "Article 23, paragraph (1)" is deemed to be replaced with "Article 92, paragraph (1), Article 92-2, paragraph (1), Article 96-2 or Article 100-3", and in Article 44, paragraph (3), the phrase "Article 23, paragraph (1)" is deemed to be replaced with "Article 92-2, paragraph (1) or Article 96-2."
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 33, paragraph (1) (or (2) (including when these apply mutatis mutandis pursuant to paragraph (45) of that Article); Article 33-2, paragraph (1); Article 33-3, paragraph (1 or (2); Article 37, paragraph (3); Article 37-2; Article 41-2, paragraph (1); Article 42; Article 42-2, paragraph (1); or Article 47, 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 a person set forth by Cabinet Order that is permissible as referred to reproduce a work printed in Article 37, paragraph (3) and that engages in a school textbook an undertaking related to the welfare of persons with a visual or vision-related impairment is permitted to reproduce a visual work pursuant to the provisions of Article 33-3,that paragraph (1), it is also permissible to, 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, tomay reproduce any phonogram associated with the relevantsuch sound recording, may make the performance or phonogram available for transmission, and tomay 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 OrderA broadcast performance that is as referred to in Article 37, paragraph (3) and that engages in an undertaking related to the welfaresubject of persons with visual and other such impairments is permitted to reproduce a visual work pursuant to the provisions of that paragraphneighboring rights may be transmitted via area-limited specified input-type automatic public transmission; provided, however, that person may also reproduce any performance whose sound has been recorded in a sound recording made based onthis does not apply if doing so would prejudice the applicationrights of the provisions ofperson that paragraph, may reproduce any phonogram associated with such sound recording, may makeowns the performance or phonogram availablerights provided for transmission, and may present the performance or phonogram to the public through the transfer of copies thereof, for the purpose referredin Article 99-2, paragraph (1) with respect to in that paragraphbroadcast.
A broadcast performance that is the subject of neighboring rights may be transmitted via area-limited specified input-type automatic public transmission; provided, however, that this does not apply if doing so would prejudiceUnless 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 rightsprovisions of the person that owns preceding paragraph must pay a reasonable amount of compensation to the rights provided for owner of the right set forth in Article 99-292-2, paragraph (1) with respect to that broadcastperformance.
Unless theThe provisions of Article 38, paragraph (2) as appliedthe preceding two paragraphs apply mutatis mutandis pursuant to paragraph (1)the exploitation of this Article are applicable, a persona phonogram that makes a performance available for transmission pursuant tois the provisionssubject of the preceding paragraph must pay a reasonable amount of compensation toneighboring rights. In this case, in the owner ofpreceding paragraph, the right set forth in phrase "Article 92-2, paragraph (1) with respect" is deemed to that performancebe replaced with "Article 96-2".
The provisions of the preceding two paragraphs apply mutatis mutandis If it is permissible for a person to broadcast or cablecast a work pursuant to the exploitationprovisions of a phonogram that Article 39, paragraph (1) or Article 40, paragraph (1) or (2), it is also permissible for the subject of neighboring rights. In this case, in person to cablecast the work or use a special instrument that enlarges images to communicate the preceding paragraph,work to the phrase "Article 92-2, paragraph (1)" is deemed public based on the receipt of that broadcast or cablecast transmission, and to be replaced with "Article 96-2"transmit such a broadcast transmission via area-limited specified input-type automatic public transmission.
If it is permissible for a person to broadcast or cablecast a work pursuant to the provisions The persons set forth in the following are deemed to have made a sound recording, visual recording or reproduction of Article 39, paragraph (1) ora performance, etc. pursuant to Article 4091, 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, and to transmit such a broadcast transmission via area-limited specified input-type automatic public transmission., Article 96, Article 98 or Article 100-2:
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. 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), paragraph (2), item (i), paragraph (4), paragraph (7), item (i) or paragraph (9), item (i); Article 33-2, paragraph (1); Article 33-3, paragraph (1) or (4); Article 35, paragraph (1); Article 37, paragraph (3); Article 37-2, item (ii); Article 41; Article 41-2, paragraph (1); Article 42; Article 42-2, paragraph (1); Article 42-3; Article 42-4; Article 43, paragraph (2); Article 44, paragraphs (1) through (3); 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;
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;
a broadcaster, cablecaster or simultaneous broadcasting service that preserves a sound or visual recording provided for in Article 44, paragraph (4) as applied mutatis mutandis pursuant to paragraph (1) of this Article, in violation of the provisions of that paragraph;
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 performance, etc. for a purpose other than what is provided for in those provisions, irrespective of the manner in which the person exploits 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 33-3, paragraph (1) or Article 37, paragraph (3).
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), paragraph (2), item (i), paragraph (4), paragraph (7), item (i) or paragraph (9), item (i); Article 33, paragraph (2) (including when it applies mutatis mutandis pursuant to paragraph (5) of that Article); Article 33-2, paragraph (1), (2) or (5); Article 35, paragraph (1); Article 37, paragraph (3); Article 37-2, item (ii); Article 41; Article 41-2, paragraph (1); Article 42; Article 42-2, paragraph (1); Article 42-3; Article 42-4; Article 43, paragraph (2); Article 44, paragraphs (1) through (3); 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;
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;
a broadcaster, cablecaster or simultaneous broadcasting service that preserves a sound or visual recording provided for in Article 44, paragraph (4) as applied mutatis mutandis pursuant to paragraph (1) of this Article, in violation of the provisions of that paragraph;
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 performance, etc. for a purpose other than what is provided for in those provisions, irrespective of the manner in which the person exploits 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 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 37, paragraph (3).
The provisions of the preceding Article that concern limitations on neighboring rights (other than the provisions of paragraphs (76) and (87) 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 Articles 63 and 63-2 to the authorization to exploit a performance, phonogram, broadcast, or cablecast; the provisions of Article 65 to the case where those rights are jointly owned; the provisions of Article 66 to the establishment of a pledge on those rights; the provisions of Article 67 (except paragraph (1), item (ii)); Article 67-2 (except the proviso to paragraph (1)); Article 70; Article 71 (limited to the part concerned with item (ii)); Article 72; Article 73; and Article 74, paragraphs (3) and (4) to the exploitation of a performance, phonogram, broadcast, or cablecast if the owners of neighboring rights cannot be found; the provisions of Article 67-3 (except paragraph (1), item (ii)), Article 70, Article 71 (limited to the part concerned with item (ii)), Article 72, Article 73, and Article 74, paragraphs (3) and (4) to the exploitation of a performance, phonogram, broadcast, or cablecast if the intention of the owners of neighboring rights as to whether to permit that exploitation cannot be confirmed; the provisions of Article 68 (except paragraph (1), item (ii)), Article 70, Article 71 (limited to the part concerned with item (ii)), Article 72, the main clause of Article 73, and Article 74 to the exploitation of a performance, phonogram, broadcast, or cablecast if an agreement with the owners of neighboring rights has been sought but cannot be reached or deliberations cannot be entered into; and the provisions of Article 71 (limited to the part concerned with item (i)) and Article 74 to the exploitation of a performance, phonogram, broadcast, or cablecast under the provisions of Articles 33 through 33-3and 33-2 as applied mutatis mutandis pursuant to Article 102, paragraph (1). In this case, in Article 63, paragraph (6), 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 68, paragraph (2), the phrase "Article 38, paragraphs (2) and (3)" is deemed to be replaced with "Article 38, paragraph (2), as applied mutatis mutandis pursuant to Article 102, paragraph (1)".
Notwithstanding the provisions of Article 102, paragraph (98) of the newCopyright Act, prior lawsthe provisions then in force continue to govern the use of copies of sounds or images connected with performances, phonograms, broadcasts or cablecasts created before the effective date based on the application of the provisions of Article 30-4 or Articles 47-4 through 47-9 of the former Act applied mutatis mutandis pursuant to Article 102, paragraph (1) of the former Act. In such a case, the terms "presented to the public" in Article 102, paragraph (9), item (i) of the former Act and "presented to the public" in Article 102, paragraph (9), item (viii) of the former Act are deemed to be replaced with "conducted a presentation to the public (including making it available for transmission; the same applies in item (viii))" and "conducted a presentation to the public", respectively.
With regard to the printing of a work that is the subject of a copyright and has been printed in a specified textbook (including a broadcast or cablecast that is the subject of a neighboring rights; referred to as a "work" in paragraph (5)) in teaching materials provided for in Article 34, paragraph (2) of the Former School Education Act as applied with replacement of terms as remaining in force pursuant to the provisions of the preceding paragraph (hereinafter referred to in this Article as "textbook-substitute teaching materials"), and the use of that work accompanying the use of the textbook-substitute teaching materials, the provisions of Article 33-2, paragraph (1) of the Copyright Act prior to the amendment by the provisions of Article 6 (hereinafter referred to in this Article as the "Former Copyright Act") (including as applied mutatis mutandis pursuant to Article 86, paragraphs (1) and (3) and Article 102, paragraph (1) of the Former Copyright Act; the same applies hereinafter in this Article) remain in force. In this case, in Article 33-2, paragraph (1) of the Former Copyright Act, the phrase "that has been printed in a textbook" is deemed to be replaced with "that has been printed in a specified textbook provided for in Article 2, paragraph (2) of the Supplementary Provisions of the Act Partially Amending the School Education Act, etc. (Act No. 37 of 2026)", the phrase "alternative teaching materials for textbooks (meaning teaching materials provided for in Article 34, paragraph (2) of the School Education Act that may be used in place of textbooks pursuant to Article 34, paragraph (2) or (3) of that Act (including cases where those provisions are applied mutatis mutandis pursuant to Article 49, Article 49-8, Article 62, Article 70, paragraph (1) and Article 82 of that Act; hereinafter the same applies in this paragraph); hereinafter the same applies in this paragraph and the following paragraph)" with "textbook-substitute teaching materials provided for in Article 2, paragraph (3) of the Supplementary Provisions of the Act Partially Amending the School Education Act, etc.", and the phrase "the use of the alternative teaching materials for textbooks" with "the use of the relevant textbook-substitute teaching materials in place of the textbooks provided for in Article 34, paragraph (1) of the School Education Act as amended by the provisions of Article 1 of the Act Partially Amending the School Education Act, etc.".
With regard to the application of the provisions of the Copyright Act as amended by the provisions of Article 6 in the case of the preceding paragraph, the phrases listed in the middle column of the following table in the provisions of that Act listed in the left column of the same table are deemed to be replaced with the phrases listed in the right column of the same table, respectively.
Article 20, paragraph (2), item (i)
or Article 34, paragraph (1)
or Article 34, paragraph (1), or Article 33-2, paragraph (1) prior to the amendment by the provisions of Article 6 of the Act Partially Amending the School Education Act, etc. (Act No. 37 of 2026; hereinafter referred to as the "Amending Act") that remains in force pursuant to the provisions of Article 2, paragraph (3) of the Supplementary Provisions of the Amending Act (hereinafter referred to as "Article 33-2, paragraph (1) remaining in force")
Article 47-6, paragraph (1), item (iii)
or Article 47
or Article 47 or Article 33-2, paragraph (1) remaining in force
Article 47-7
or Article 47-5
or Article 47-5 or Article 33-2, paragraph (1) remaining in force
or Article 47-5
or Article 47-5 or Article 33-2, paragraph (1) remaining in force
Article 48, paragraph (1), item (i)
or Article 47, paragraph (1)
or Article 47, paragraph (1) or Article 33-2, paragraph (1) remaining in force
Article 49, paragraph (1), item (i)
or Article 47-5, paragraph (1)
or Article 47-5, paragraph (1) or Article 33-2, paragraph (1) remaining in force
Article 49, paragraph (2), item (i)
or Article 47, paragraph (1) or (3)
or Article 47, paragraph (1) or (3) or Article 33-2, paragraph (1) remaining in force
Article 86, paragraph (2), item (ii)
or Article 47-5, paragraph (1)
or Article 47-5, paragraph (1) or Article 33-2, paragraph (1) prior to the amendment by the provisions of Article 6 of the Amending Act, as applied mutatis mutandis pursuant to Article 86, paragraph (1) prior to the amendment by the provisions of Article 6 of the Amending Act that remains in force pursuant to the provisions of Article 2, paragraph (3) of the Supplementary Provisions of the Amending Act
Article 102, paragraph (2)
Article 47
Article 47 or Article 33-2, paragraph (1) prior to the amendment by the provisions of Article 6 of the Amending Act, as applied mutatis mutandis pursuant to Article 102, paragraph (1) prior to the amendment by the provisions of Article 6 of the Amending Act that remains in force pursuant to the provisions of Article 2, paragraph (3) of the Supplementary Provisions of the Amending Act (referred to in paragraph (8), item (i) as "Article 33-2, paragraph (1) as applied mutatis mutandis remaining in force")
Article 102, paragraph (8), item (i)
or Article 47-5, paragraph (1)
or Article 47-5, paragraph (1) or Article 33-2, paragraph (1) as applied mutatis mutandis remaining in force
With regard to the notification to the person that publishes a specified textbook, pertaining to the printing of a work in textbook-substitute teaching materials pursuant to the provisions of Article 33-2, paragraph (1) of the Former Copyright Act that remain in force pursuant to the provisions of paragraph (3), and the payment of compensation to the copyright owner (or, where a broadcast or cablecast is exploited, the owner of neighboring rights), the provisions then in force continue to govern.
With regard to teaching materials for subjects that become textbooks on or before March 31, 2028 (limited to those authorized by the Minister of Education, Culture, Sports, Science and Technology), the provisions of paragraph (2) through the preceding paragraph apply by deeming them to be specified textbooks.
With regard to the application of penal provisions to acts committed before this Act comes into effect, the provisions then in force continue to govern.