Copyright Act

A person undertaking an action as set forth in one of the following items that contributes to facilitating the exploitation of a work by creating new knowledge or information through computerized data processing (this includes a person undertaking a part of such an action; limited to one doing so in accordance with the standards prescribed by Cabinet Order) may exploit a work that has been made available or presented to the public (this includes a work that has been made available for transmission; the same applies hereinafter) (hereinafter in this Article and Article 47-6, paragraph (2), item (ii) referred to as a "available or presented work") (limited to a publicized work or a work made available for transmission), in any way and to the extent considered to be necessary in light of the purpose of the action set forth in the relevant item, when exploiting it incidental to the undertaking of that action (limited to exploitation that is minor in light of the percentage it constitutes of the part of the available or presented work that has been provided for exploitation, the volume of the part of that work that has been provided for exploitation, the accuracy of indications made at the time it was provided for exploitation, and other elements; hereinafter in this Article referred to as "minor exploitation"); provided, however, that this does not apply if the person undertakes that minor exploitation knowing that the making available or presentation of the works to the public constitutes copyright infringement (for a work made available or presented to the public abroad, this means that the action would constitute copyright infringement if it took place in Japan); nor does this apply if the action would otherwise unreasonably prejudice the interests of the copyright owner in light of the nature or purpose of the available or presented work or the circumstances of its minor exploitation:

using a computer to search for the title or author name of a work in which information that a person is searching for (hereinafter in this item referred to as "information being searched for") has been recorded, for the transmitter identification code (meaning the letters, numbers, symbols, or any other code by which the transmitter of an automatic public transmission is identified; the same applies in Article 113, paragraphs (2) and (4)) associated with information being searched for that has been made available for transmission, or for any other information concerning the identification or location of information being searched for; and making the results of that search available;

undertaking computerized data analysis and furnishing the results of that analysis;

an action that Cabinet Order prescribes as contributing to increased convenience in the lives of the citizenry by creating new knowledge or information through computerized data processing and making the results of this available, beyond what is set forth in the preceding two items.

A person that prepares to undertake an action set forth in one of the items of the preceding paragraph (limited to a person who collects, organizes, and provides information in preparation to undertake the action in accordance with the standards prescribed by Cabinet Order) may reproduce or make public transmissions of an available or presented work (or make the relevant work available for transmission, if such transmission is being made via an automatic public transmission; the same applies in this paragraph and Article 47-6, paragraph (2), item (ii)) or distribute copies thereof, to the extent considered to be necessary in order to prepare for minor exploitation under the preceding paragraph; provided, however, that this does not apply if the action would otherwise unreasonably prejudice the interests of the copyright owner in light of the nature or purpose of the available or presented work, the number of copies that would be reproduced or distributed, or the circumstances of the reproduction, public transmission, or distribution.

If it is permissible to exploit a work pursuant to the provisions set forth in one of the following items, it is also permissible to exploit that work in accordance with those provisions by the means set forth in that item:

Article 31, paragraph (1) (limited to the part concerned with item (i)), paragraph (2), paragraph (4), paragraph (7) (limited to the part concerned with item (i)) or paragraph (9) (limited to the part concerned with item (i)); Article 32; Article 36, paragraph (1); Article 37, paragraph (1) or (2); Article 39, paragraph (1); Article 40, paragraph (2); or Articles 41 through 42-2:translation;

Article 37, paragraph (3):translation, reformulation, or adaptation;

Article 37-2:translation or adaptation;

Article 47-3, paragraph (1):adaptation.

If, pursuant to one of the items set forth in the preceding paragraph (or the provisions prescribed in one of the following items, as regards a derivative work as set forth in that item; the same applies in this paragraph and Article 48, paragraph (3), item (ii)), it is permissible to exploit the original work underlying a derivative work that has been created pursuant to the preceding paragraph, the derivative work is deemed to constitute a work provided for in the provisions set forth in the relevant of the items of the preceding paragraph in terms of the relationship with the author of the original work or other person that has the rights provided in Article 28 with respect to the exploitation of the derivative work, and it is permissible for a person to exploit that derivative work based on the provisions set forth in the relevant item:

a derivative work created pursuant to the preceding paragraph in a case in which it is permissible, pursuant to the provisions of Article 47, paragraph (1), to reproduce an exhibited work in order to undertake an on-screen presentation or automatic public transmission of that exhibited work under Article 47, paragraph (2):Article 47, paragraph (2);

a derivative work created pursuant to the preceding paragraph in a case in which, pursuant to paragraph (2) of the preceding Article, it is permissible to undertake the reproduction or automatic public transmission of an available or presented work or the distribution of copies thereof:Article 47-5, paragraph (1).

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 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); Article 47, paragraph (2) or (3); or Article 47-2;

a work is exploited other than by its reproduction pursuant to the provisions of Article 32 or Article 42, or is exploited pursuant to the provisions of Article 35, paragraph (1); Article 36, paragraph (1); Article 38, paragraph (1); Article 41; Article 41-2, paragraph (2); Article 42-2, paragraph (2); Article 46; or Article 47-5, paragraph (1), 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 as provided in one of the following items, the source of the original work underlying the derivative work provided for in that item must be indicated pursuant to the provisions of the preceding two paragraphs:

a derivative work created pursuant to the provisions of Article 40, paragraph (1); Article 46; or Article 47-5, paragraph (1) is exploited pursuant to those provisions;

a derivative work created pursuant to the provisions of Article 47-6, paragraph (1) is exploited based on the application of the provisions set forth in paragraph (2) of that Article pursuant to the items of paragraph (1) of that Article.