Copyright Act

The following persons are deemed to have undertaken the reproduction referred to in Article 21:

a person that uses a copy of a work that has been created based on the application of the provisions of Article 30-4 (other than one constituting a copy as referred to in item (iii) of the following paragraph) to exploit that work with the purpose of personally enjoying or causing another person to enjoy the thoughts or sentiments expressed therein, irrespective of the manner in which the person exploits it;

a broadcaster, cablecaster or simultaneous broadcasting service that preserves an ephemeral recording in violation of the provisions of Article 44, paragraph (4);

a person that distributes a copy of a work that has been created based on the application of the provisions of Article 47-3, paragraph (1) (other than one constituting a copy as referred to in item (iv) of the following paragraph), or a person that presents a work to the public by means of such a copy;

a person that preserves a copy as referred to in Article 47-3, paragraph (2) (other than one constituting a copy as referred to in item (iv) of the following paragraph) in violation of the provisions of that paragraph;

a person that uses a copy of a work that has been created based on the application of the provisions of Article 47-4; or Article 47-5, paragraph (2) (other than one constituting a copy as referred to in item (vi) or (vii) of the following paragraph) to exploit the work for a purpose other than what is provided for in those provisions, irrespective of the manner in which the person exploits it.

A person as follows is deemed to have undertaken the translation, musical arrangement, reformulation, or adaptation, as referred to in Article 27, of the original work underlying the derivative work in question, or to have reproduced that derivative work as referred to in Article 21:

a person that uses a copy of a derivative work that has been created based on the application of the provisions of Article 30-4 to exploit that derivative work with the purpose of personally enjoying or causing another person to enjoy the thoughts or sentiments expressed therein, irrespective of the manner in which the person exploits it;

a person that distributes a copy of a derivative work that has been created based on the application of the provisions of Article 47-6, paragraph (2), and pursuant to the provisions of Article 47-3, paragraph (1), or presents that derivative work to the public by means of such a copy;

a person that preserves the copy referred to in the preceding item, in violation of the provisions of Article 47-3, paragraph (2);

a person that uses a copy of a derivative work that has been created based on the application of Article 47-4, to exploit the derivative work for a purpose other than what is provided for in that Article, irrespective of the manner in which the person exploits it;

a person that uses a copy of a derivative work that has been created pursuant to the provisions of Article 47-5, paragraph (2) based on the application of Article 47-6, paragraph (2) for a purpose other than what is provided for in Article 47-5, paragraph (2), irrespective of the manner in which it is exploited.

The provisions of this Subsection must not be interpreted as affecting the protection of the moral rights of authors.

The duration of copyright begins at the time the work is created.

Unless otherwise specified in this Section, a copyright subsists for a period of 70 years after the death of the author (or the death of the last surviving co-author, for a joint work; the same applies in paragraph (1) of the following Article).

The copyright to an anonymous or pseudonymous work subsists for a period of 70 years after the work is made public; provided, however, that if, before the expiration of a duration of copyright for an anonymous or pseudonymous work, it is found that 70 years have elapsed since the death of the author of that work, the copyright is deemed to have expired at the time that is found to constitute the expiration of 70 years since the death of the author.

The provisions of the preceding paragraph do not apply in any of the following cases:

the pseudonym adopted by the author of a pseudonymous work is commonly known to be that author's pseudonym;

the author's true name is registered pursuant to Article 75, paragraph (1), within the period referred to in the preceding paragraph;

the author makes the work public using the author's true name or the pseudonym by which the author is commonly known to indicate the name of the author, within the period referred to in the preceding paragraph.

The copyright to a work whose authorship is attributed to a corporation or other organization subsists for a period of 70 years after the work is made public (or for a period of 70 years after the creation of the work, if the work is not made public within 70 years of its creation).

The provisions of the preceding paragraph do not apply if the individual who is the author of a work whose authorship is attributed to a corporation or other corporate body, makes the work public and uses that individual's true name or the pseudonym by which that individual is commonly known to indicate the name of the author, within the period referred to in the preceding paragraph.

With respect to the duration of copyright for a work whose authorship has been attributed to a corporation or other corporate body pursuant to the provisions of Article 15, paragraph (2), even if such a work does not fall under the category of works provided for in paragraph (1), it is deemed to be attributed to the relevant corporate body, and the provisions of paragraph (1) apply.

The copyright to a cinematographic work subsists for 70 years after the work is made public (or for 70 years after the creation of the work, if the work is not made public within the 70 years after its creation).

When the copyright to a cinematographic work expires at the expiration of the duration of copyright, the copyright to original work connected with that cinematographic work also expires as regards the exploitation of the cinematographic work.

The provisions of the preceding two Articles do not apply to the copyright to a cinematographic work.

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The time at which a work is made public as referred to in Article 52, paragraph (1); Article 53, paragraph (1); or Article 54, paragraph (1) is the time at which each volume, issue, or installment is made public, for works that are made public successively in volumes, issues, or installments, or the time at which the last part of the work is made public, for works that are made public sequentially in parts.

If the subsequent part of a work that is completed after being made public sequentially in parts, has not been made public even though three years have passed since the most recent part was made public, the last of the parts of the work that has been made public is deemed to be the last part of the work for the purposes of the preceding paragraph.

In calculating the end of the seventy-year period following the death of the author; or the seventy-year period after a work is made public or created, in a case referred to in Article 51, paragraph (2); Article 52, paragraph (1); Article 53, paragraph (1); or Article 54, paragraph (1), the starting point for the calculation is the year after the year in which the author dies or the work is made public or created.

If, pursuant to the provisions of the Berne Convention for the Protection of Literary and Artistic Works, the WIPO Copyright Treaty, or the Marrakesh Agreement Establishing the World Trade Organization, the country of origin of a work (except a work falling under Article 6, item (i)) is a foreign country that is a member of the International Union established by the Berne Convention, a contracting party to the WIPO Copyright Treaty, or a member of the World Trade Organization, and if that country of origin has established a shorter duration of copyright for such a work than what is provided for in Articles 51 through 54, the duration of copyright for that work is the duration established by the country of origin.

Author's moral rights are exclusive to that author, and are inalienable.

Even after the death of an author, it is prohibited for a person that makes available or presents the author's work to the public to engage in conduct that would be prejudicial to the moral rights of the author if the author were alive; provided, however, that this does not apply if that conduct is found not to contravene the will of the author in light of the nature and extent of the conduct as well as changes in social circumstances and other conditions.