Copyright Act

A work has been published if the person that owns the right set forth in Article 21, a person authorized thereby (meaning the person is authorized to exploit a work pursuant to the provisions of Article 63, paragraph (1); the same applies hereinafter in this and the following Chapter, except this paragraph, Article 4, paragraph (1), Article 4-2 and Article 63), a person in favor of whom the print rights set forth in Article 79 have been established, or a person authorized thereby to reproduce such work (meaning the person is authorized to reproduce a work pursuant to the provisions of Article 80, paragraph (3); the same applies hereinafter) makes and distributes copies of the work in quantities that are reasonably sufficient for meeting public demand, commensurate with the nature of the work (limited to when the person does so without prejudice to the rights of the person that owns the rights set forth in Article 26, Article 26-2, paragraph (1), or Article 26-3).

An original work is deemed to have been published if the person that, pursuant to the provisions of Article 28, owns the same right to the relevant work as the one prescribed in Article 21 or a person authorized thereby makes and distributes copies of a translation of that original work which constitutes a derivative work, in the quantity provided for in the preceding paragraph (limited to when the person does so without prejudice to the rights of the person that, pursuant to the provisions of Article 28, owns the same right to the relevant work as a right set forth in Article 26, Article 26-2, paragraph (1), or Article 26-3).

The person that would own a right referred to in either of the preceding two paragraphs if the work were protected under this Act and a person authorized thereby to exploit the work are, respectively, deemed to be the person that owns that right and the person authorized thereby, and the provisions of those paragraphs apply.

A work has been made public if it is published or if a person that owns a right provided for in Articles 22 through 25, a person authorized thereby (meaning the person is authorized to exploit a work pursuant to the provisions of Article 63, paragraph (1)), a person in favor of whom the print rights set forth in Article 79 have been established, or a person authorized thereby to transmit that work to the public (meaning the person is authorized to exploit a work pursuant to the provisions of Article 80, paragraph (3); the same applies hereinafter) presents the work to the public by means of a stage performance, musical performance, on-screen presentation, transmission to the public, recitation, or exhibition (if it is an architectural work, this includes when the person that owns the right set forth in Article 21 or the person authorized thereby (meaning the person is authorized to exploit a work pursuant to the provisions of Article 63, paragraph (1)) constructs it).

A work is deemed to have been made public if the person that owns the right provided for in Article 23, paragraph (1), a person authorized thereby, a person in favor of whom the print rights set forth in Article 79 have been established, or a person authorized thereby to transmit that work to the public makes the work available for transmission.

An original work is deemed to have been made public if a person that, pursuant to the provisions of Article 28, owns the same right to the relevant work as one that is provided for in Articles 22 through 24 or a person authorized thereby presents a translation of it to the public which constitutes a derivative work, by means of a stage performance, musical performance, on-screen presentation, transmission to the public, or recitation, or if a person that, pursuant to the provisions of Article 28, owns the same right with regard to the relevant work as the right provided for in Article 23, paragraph (1) or a person authorized thereby makes that translation available for transmission.

An artistic work or a photographic work is deemed to have been made public if the person prescribed in Article 45, paragraph (1) exhibits it as provided for in that paragraph.

The person that would own a right provided for in paragraphs (1) through (3) of this Article if the work were protected under this Act and a person authorized thereby to exploit the work are, respectively, deemed to be the person that owns that right and the person authorized thereby, and the provisions of those paragraphs apply accordingly.

A phonogram has been published if the person that owns the right set forth in Article 96 or a person authorized thereby (meaning the person is authorized to exploit a phonogram pursuant to the provisions of Article 63, paragraph (1) as they apply mutatis mutandis pursuant to Article 103; the same applies in Chapter IV, Sections 2 and 3) makes and distributes copies of the phonogram in quantities that are reasonably sufficient for meeting public demand, commensurate with the nature of the work (limited to when the person does so without prejudice to the rights of the person that owns the right set forth in Article 97-2, paragraph (1) or Article 97-3, paragraph (1)).

If an international treaty provides otherwise with respect to the rights of authors and neighboring rights, the provisions thereof prevail.

Only a work that falls under one of the following items is protected under this Act:

a work by a Japanese national (including a corporation established based on a Japanese law or regulation or a corporation with a principal office in Japan; the same applies hereinafter);

a work that is first published in Japan (including one first published abroad and published in Japan within 30 days from the date of its first publication);

a work other than one set forth in the preceding two items, which Japan is under the obligation to protect pursuant to an international treaty.

Only a performance that falls under one of the following items is protected under this Act:

a performance that takes place in Japan;

a performance fixed in a phonogram set forth in item (i) or (ii) of the following Article;

a performance transmitted in a broadcast set forth in Article 9, item (i) or (ii) (excluding a performance whose sound or visuals are recorded before the transmission with the authorization of the performer);

a performance transmitted in a cablecast set forth in one of the items of Article 9-2 (excluding a performance whose sound or visuals are recorded before the transmission with the authorization of the performer);

any of the following performances, other than one also set forth in the preceding items:

a performance that takes place in a contracting state of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (hereinafter referred to as "the Convention for the Protection of Performers, etc.");

a performance fixed in a phonogram set forth in item (iii) of the following Article;

a performance transmitted in a broadcast set forth in Article 9, item (iii) (excluding a performance whose sound or visuals are recorded before the transmission with the authorization of the performer);

any of the following performances, other than one also set forth in the preceding items:

a performance that takes place in a contracting party to the WIPO Performances and Phonograms Treaty (hereinafter referred to as "the WPPT");

a performance fixed in a phonogram set forth in item (iv) of the following Article;

any of the following performances, other than one also set forth in the preceding items:

a performance that takes place in a World Trade Organization member state;

a performance fixed in a phonogram set forth in item (v) of the following Article;

a performance transmitted in a broadcast set forth in Article 9, item (iv) (excluding a performance whose sound or visuals are recorded before the transmission with the authorization of the performer).

in addition to those set forth in the preceding items, a performance by a performer who is a national of a Contracting Party to the Beijing Treaty on Audiovisual Performances or a person who has habitual residence in that Contracting Party.

Only a phonogram that falls under one of the following items is protected under this Act:

a phonogram whose producer is a Japanese national;

a phonogram in which sounds are first fixed in Japan;

any of the following phonograms, other than one also set forth in either of the preceding two items:

a phonogram whose producer is the national of a contracting state of the Convention for the Protection of Performers, etc. (the nationals of a contracting state include corporations established based on the laws and regulations of that state and corporations that have principal offices in that state; the same applies hereinafter);

a phonogram in which sounds are first fixed in a contracting state of the Convention for the Protection of Performers, etc.;

any of the following phonograms, other than one also set forth in the preceding three items:

a phonogram whose producer is the national of a contracting party to the WPPT (the nationals of a contracting party include corporations established based on the laws and regulations of that party and corporations that have principal offices in that party; the same applies hereinafter);

a phonogram in which sounds are first fixed in a contracting party to the WPPT;

any of the following phonograms, other than one also set forth in the preceding items:

a phonogram whose producer is the national of a World Trade Organization member state (the nationals of a member state include corporations established based on the laws and regulations of that state and corporations that have principal offices in that state; the same applies hereinafter);

a phonogram in which sounds are first fixed in a World Trade Organization member state;

a phonogram, other than one set forth in the preceding items, that Japan is under the obligation to protect pursuant to the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms (referred to as "the Convention for the Protection of Phonograms" in Article 121-2, item (ii)).

Only a broadcast that falls under one of the following items is protected under this Act:

the broadcast of a broadcaster that is a Japanese national;

a broadcast made from a broadcasting facility in Japan;

any of the following broadcasts, other than one also set forth in the preceding two items:

the broadcast of a broadcaster that is the national of a contracting state of the Convention for the Protection of Performers, etc.;

a broadcast made from a broadcasting facility in a contracting state of the Convention for the Protection of Performers, etc.;

any of the following broadcasts, other than one also set forth in the preceding three items:

the broadcast of a broadcaster that is the national of a World Trade Organization member state;

a broadcast made from a broadcasting facility in a World Trade Organization member state.

Only a cablecast that falls under one of the following items is protected under this Act:

a cablecast whose cablecaster is a Japanese national (excluding a cablecast that the cablecaster transmits based on the receipt of a broadcast; the same applies in the following item);

a cablecast made from a cablecasting facility in Japan.