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Article 44第四十四条
Ephemeral Fixation by a Broadcaster or Cablecaster(放送事業者等による一時的固定)
Article 44, paragraph (1)
A broadcaster may make an ephemeral sound or visual recording of a work that the broadcaster is permitted to broadcast or transmit via simultaneous broadcasting without prejudice to the right set forth in Article 23, paragraph (1), for its own broadcasts or simultaneous broadcasting (including simultaneous broadcasting undertaken by a simultaneous broadcasting service that has a close relationship with the broadcaster by receiving a broadcast program supplied by the broadcaster) by means of its own facilities or those of another broadcaster that is permitted to broadcast the same work or transmit it via simultaneous broadcasting.
A cablecaster may make an ephemeral sound or visual recording of a work that the cablecaster is permitted to cablecast or transmit via simultaneous broadcasting without prejudice to the right set forth in Article 23, paragraph (1), for its own cablecasts (except a cablecast it transmits based on the receipt of a broadcast) or simultaneous broadcasting (including simultaneous broadcasting undertaken by a simultaneous broadcasting service that has a close relationship with the cablecaster by receiving a cablecast program supplied by the cablecaster) by means of its own facilities.
A simultaneous broadcasting service may make an ephemeral sound or visual recording of a work that the service is permitted to transmit via simultaneous broadcasting without prejudice to the right set forth in Article 23, paragraph (1), for its own simultaneous broadcasting by means of its own facilities or those of a broadcaster or cablecaster that has a close relationship with the service.
It is not permissible to preserve a sound or visual recording made pursuant to the provisions of the preceding three paragraphs for a period exceeding six months after the recording (or six months after the broadcast, cablecast or transmission via simultaneous broadcasting, if the recording is broadcast, cablecast or transmitted via simultaneous broadcasting within the period of six months after the recording); provided, however, that this does not apply if a recording is preserved in official archives specified by Cabinet Order.
The provisions of the preceding paragraph do not apply if the original copy of an artistic work is permanently installed on a street, at a park, or in any other outdoor location accessible to the public, or on the outer wall of a building or other place easily seen by the public.
Exploitation of an Artistic work on Public Display(公開の美術の著作物等の利用)
Article 46, paragraph (1)
It is permissible to exploit an artistic work the original copy of which is permanently installed in an outdoor location as provided for in paragraph (2) of the preceding Article or an architectural work, in any way whatsoever except the following:
producing additional copies of a sculpture or making those additional copies of the sculpture available to the public by transferring them;
彫刻を増製し、又はその増製物の譲渡により公衆に提供する場合
Article 46, paragraph (1), item (ii)
reproducing an architectural work by means of construction, or making copies of an architectural work so reproduced available to the public by transferring them;
建築の著作物を建築により複製し、又はその複製物の譲渡により公衆に提供する場合
Article 46, paragraph (1), item (iii)
reproducing a work in order to permanently install it in an outdoor location as provided for in paragraph (2) of the preceding Article;
前条第二項に規定する屋外の場所に恒常的に設置するために複製する場合
Article 46, paragraph (1), item (iv)
reproducing an artistic work for the purpose of selling copies of it, or selling those copies.
専ら美術の著作物の複製物の販売を目的として複製し、又はその複製物を販売する場合
Article 47第四十七条
Reproduction in Connection with the Exhibition of an Artistic Work; Related Matters(美術の著作物等の展示に伴う複製等)
Article 47, paragraph (1)
A person that, without prejudice to the right provided for in Article 25, publicly exhibits the original copy of an artistic work or photographic work (hereinafter in this Article such a person is referred to as the "person exhibiting the original copy of a work", and hereinafter in this Article and Article 47-6, paragraph (2), item (i) such a work is referred to as an "exhibited work"), may print the exhibited work in pamphlets for the purpose of explaining or introducing the exhibited work to persons viewing it; and may reproduce that exhibited work to the extent necessary to present it via an on-screen presentation or to transmit an automatic public transmission (this includes making it available for transmission; the same applies in Article 47-6, paragraph (2), item (i)) about it pursuant to the provisions of the following paragraph; provided, however, that this does not apply if the action would unreasonably prejudice the interests of the copyright owner in light of the nature or purpose of the exhibited work, the number of copies that would be made, or the circumstances of its reproduction.
For the purpose of explaining or introducing an exhibited work to persons viewing it and to the extent considered to be necessary, the person exhibiting the original copy of a work may present the exhibited work via an on-screen presentation or transmit an automatic public transmission about that exhibited work; provided, however, that this does not apply if the action would unreasonably prejudice the interests of the copyright owner in light of the nature or purpose of the exhibited work or the circumstances of its on-screen presentation or automatic public transmission.
To the extent considered to be necessary in order to provide information to the public concerning the location of an exhibited work, the person exhibiting the original copy of a work or a person designated by Cabinet Order as equivalent thereto may reproduce that exhibited work or make a transmission to the public about it (this includes making the relevant work available for transmission, if it is to be transmitted to the public via an automatic public transmission); provided, however, that this does not apply if the action would unreasonably prejudice the interests of the copyright owner in light of the nature or purpose of the exhibited work or the circumstances of its reproduction or public transmission.
Reproduction in Connection with an Offer to Transfer an Artistic Work; Related Matters(美術の著作物等の譲渡等の申出に伴う複製等)
Article 47-2, paragraph (1)
If, without prejudice to the rights set forth in Article 26-2, paragraph (1) and Article 26-3, the owner of the original or a copy of an artistic work or photographic work or any other person with the authority to transfer or rent out the original or a copy thereof seeks to transfer or rent out the original or copy of the work, the person with that authority or a person commissioned thereby may, for use in making the offer to transfer or rent out the original or copy of the work, reproduce or transmit to the public the work (and may make the work available for transmission, if it is to be transmitted to the public via automatic public transmission) (but the person may do so only if that person takes measures to prevent or deter the copy that is made when the work is reproduced for the offer, from being used to reproduce the work; measures to prevent or deter a person from reproducing the work after receiving it in a transmission to the public; or any other measure designated by Cabinet Order as one that stops the interests of the copyright owner from being unfairly prejudiced).
Reproduction by the Owner of a Copy of a Work of Computer Programming; Related Matters(プログラムの著作物の複製物の所有者による複製等)
Article 47-3, paragraph (1)
The owner of a copy of a work of computer programming may reproduce that work to the extent that this is found to be necessary in order for the owner to execute the work on a computer by themselves; provided, however, that this does not apply where the provisions of Article 113, paragraph (5) apply to the use that is made of such copies in connection with its execution.
After the owner of a copy referred to in the preceding paragraph (including copies made pursuant to the provisions of that paragraph) ceases to own one of the copies of the work for reasons other than the destruction thereof, the owner may not preserve other copies of the work if the copyright owner has not specifically manifested the intention to permit this.
Exploitation of Works Incidental to the Exploitation of Works on a Computer(電子計算機における著作物の利用に付随する利用等)
Article 47-4, paragraph (1)
A person may exploit a work that is made available to be exploited on a computer (this is inclusive of exploitation using information and communication technologies; the same applies hereinafter in this Article), in any way and to the extent considered to be necessary, in one of the following cases or in any similar case in which the purpose is to make that work available to be exploited incidentally on a computer so that the relevant work can be smoothly or efficiently exploited on that computer; provided, however, that this does not apply if the action would unreasonably prejudice the interests of the copyright owner in light of the nature or purpose of the work or the circumstances of its exploitation:
if the person is exploiting a work on a computer using a copy of that work or is exploiting a work transmitted as a wireless communications or wired telecommunications after having received such a transmission, and if, in the course of the data processing that the computer does in order for that work to be exploited, the person records the work on the recording medium of that computer so that it can smoothly and efficiently perform that data processing;
if a person that, in the course of trade, makes available an automatic public transmission server for another person to use for automatic public transmissions records a work that has been made available for automatic public transmission on a recording medium in order to prevent delays or failures of that other person's automatic public transmissions or in order to efficiently transmit a work that has been made available for transmissions so as to relay automatic public transmissions of that work;
if the person is providing data by a means that applies information or communication technologies, and records a work on a recording medium or adapts it in order to undertake the computerized data processing that is necessary to prepare to provide that data smoothly and efficiently.
A person may exploit a work that is made available to be exploited on a computer, in any way and to the extent considered to be necessary, in one of the following cases or in any similar case in which the purpose is to maintain or recover the possibility of exploiting a work on that computer; provided, however, that this does not apply if the action would unreasonably prejudice the interests of the copyright owner in light of the nature or purpose of the work or the circumstances of its exploitation:
if, in order to perform maintenance or repairs on a device that has a recording medium built into it, the person temporarily records a work that has been recorded on the recording medium that has been built in to that device (hereinafter in this item and the following item referred to as a "built-in recording medium") on a recording medium other than the built-in recording medium, and then re-records that work onto the built-in recording medium after the maintenance or repairs;
if, in order to replace a device that has a recording medium built into it with another device with the same functions, the person temporarily records a work that has been recorded onto that device's built-in recording medium onto a recording medium other than that built-in recording medium, and then records that work on the built-in recording medium of the device with same functions;
if a person that, in the course of trade, makes available an automatic public transmission server for another person to use for automatic public transmissions records a work on a recording medium for use in recovery in the event that the copy of the work that has been made available for automatic public transmission by that automatic public transmission server is lost or damaged.