Copyright Act

If the applicant deposits collateral in the amount that has been fixed by the Commissioner of the Agency for Cultural Affairs in consideration of the manner of the work's exploitation as given in the application, the applicant may exploit the work to which the application pertains in the manner of exploitation under that application in the time leading up to the disposition granting or denying the compulsory license (or in the time leading up to when the applicant is able to contact the copyright owner, if the applicant becomes able to contact the copyright owner in the time leading up to the disposition granting or denying the compulsory license); provided, however, that the applicant may not exploit the work if it is clear that the author of that work intends to discontinue the publication or other exploitation of that work.

Notwithstanding the provisions of the preceding paragraph, the deposit under the preceding paragraph is not required if the national or local government or an equivalent corporation seeks to use a work pursuant to the provisions of that paragraph.

A copy of a work that has been created based on the application of the provisions of paragraph (1) must bear an indication that it has been made pursuant to the provisions of that paragraph, and give the date on which the application for a compulsory license was filed.

Notwithstanding the provisions of paragraph (1) of the preceding Article, if the person exploiting the work pursuant to the provisions of paragraph (1) (hereinafter referred to as a "user with a pending application"; this does not include the national or local government or an equivalent corporation; the same applies in the following paragraph) is issued the compulsory license, the user is not required to make a deposit under the provisions of paragraph (1) of the previous Article with regard to the portion of the compensation referred to in that paragraph which is equivalent to the amount of collateral already deposited under the provisions of paragraph (1) of this Article (and if the amount of the collateral exceeds that of the compensation, the user is not required to deposit compensation).

If a user with a pending application is issued a disposition denying the compulsory license (unless the user has been able to contact the copyright owner in the time leading up to the disposition), the user must deposit the compensation for the copyright owner in the amount that has been fixed by the Commissioner of the Agency for Cultural Affairs as equivalent to the amount of royalties for having exploited the work pursuant to the provisions of paragraph (1) in the time leading up to when the user was issued the disposition. In this case, the portion of the collateral deposited pursuant to the provisions of that paragraph which is equivalent to the amount of compensation (or if the amount of compensation exceeds the amount of collateral, the collateral) is deemed to have been deposited as compensation.

If the user with a pending application (limited to the national or local government or an equivalent corporation) becomes able to contact the copyright owner after the disposition denying the compulsory license, the user with a pending application must pay compensation to the copyright owner in the amount equivalent to the royalties for having exploited the work pursuant to the provisions of paragraph (1) for the period preceding the disposition, as established by the Commissioner of the Agency for Cultural Affairs.

If a user with a pending application becomes able to contact the copyright owner in the time leading up to the disposition granting or denying the compulsory license, the user must pay the copyright owner compensation equivalent to the amount of royalties for having exploited the work pursuant to the provisions of paragraph (1) in the time leading up to when the user was able to contact the copyright owner.

In a case referred to in paragraph (4), (5) or (7), the copyright owner is entitled to receive repayment from collateral deposited pursuant to the provisions of paragraph (1) in connection with the right to receive the compensation referred to in paragraph (1) of the preceding Article or in paragraph (5) or (7) of this Article.

A person that deposits collateral pursuant to the provisions of paragraph (1) is entitled to recover, pursuant to Cabinet Order, all or a part of the portion of collateral that exceeds the amount of collateral from which the copyright owner is entitled to receive repayment pursuant to the provisions of the preceding paragraph.

When the Commissioner of the Agency for Cultural Affairs has received a statement from a user with a pending application to the effect that the application for a compulsory license is withdrawn, the Commissioner is to make a disposition not to grant a compulsory license. In this case, the provisions of paragraph (6) of the preceding Article do not apply.

A person who intends to exploit an unmanaged work made public, etc. may, if all of the following items are satisfied, exploit that unmanaged work made public, etc. in accordance with the compulsory license, after obtaining a compulsory license from the Commissioner of the Agency for Cultural Affairs and depositing for the copyright owner compensation in an amount fixed by the Commissioner in consideration of an amount equivalent to the ordinary rate of royalties.

the person has been unable to confirm the intention of the copyright owner as to whether the exploitation of that unmanaged work made public, etc. is permitted, even though the person has taken the measures prescribed by the Commissioner of the Agency for Cultural Affairs as measures for confirming that intention.

it is not clear that the author intends to discontinue the publication or other exploitation of that unmanaged work made public, etc.

An unmanaged work made public, etc. as prescribed in the preceding paragraph means a work made public, etc. that falls under none of the following items:

one in respect of which the copyright in that work made public, etc. is managed by a copyright management service;

one for which information necessary for smoothly confirming the intention of the copyright owner as to whether the exploitation of that work made public, etc. is permitted, as prescribed by the Commissioner of the Agency for Cultural Affairs, has been disclosed by a method prescribed by the Commissioner.

A person who intends to obtain the compulsory license referred to in paragraph (1) (hereinafter in this Article referred to as the "compulsory license") must submit to the Commissioner of the Agency for Cultural Affairs a written application stating the title of the work subject to the compulsory license, the name of the author and other information necessary to identify the work, the method and period of exploiting the work, the matters that are to serve as the basis for calculating the amount of compensation, and any other matters specified by Order of the Ministry of Education, Culture, Sports, Science and Technology, attaching the following materials:

materials that make a prima facie showing that the work is an unmanaged work made public, etc.;

materials that make a prima facie showing that the work falls under each item of paragraph (1);

other materials specified by Order of the Ministry of Education, Culture, Sports, Science and Technology, in addition to those set forth in the preceding two items.

The following matters are to be fixed in a compulsory license:

the method of exploiting the work subject to that compulsory license;

the period during which the work subject to that compulsory license may be exploited;

other matters specified by Order of the Ministry of Education, Culture, Sports, Science and Technology, in addition to those set forth in the preceding two items.

The period referred to in item (ii) of the preceding paragraph must be within the scope of the exploitation period stated in the written application referred to in paragraph (3), and must not exceed three years.

The provisions of Article 67, paragraph (4) and paragraphs (6) through (10) apply mutatis mutandis to a compulsory license. In this case, the phrase "the items of paragraph (5)" in paragraph (7), item (i) of that Article is deemed to be replaced with "the items of Article 67-3, paragraph (4)", and the phrase "paragraph (5), item (i)" in paragraph (8), item (ii) of that Article is deemed to be replaced with "Article 67-3, paragraph (4), items (i) and (ii)".

If the copyright owner of the work subject to a compulsory license has taken measures necessary for receiving requests for consultation from the person who obtained that compulsory license regarding the exploitation of that work, such as entrusting the management of the copyright in that work to a copyright management service, or making public a point of contact for receiving requests for consultation regarding the exploitation of that work and other information, the Commissioner of the Agency for Cultural Affairs may rescind that compulsory license at the request of that copyright owner. In this case, the Commissioner must in advance notify the person who obtained that compulsory license of the reasons and give that person an opportunity to explain and to submit favorable evidence.

When the Commissioner of the Agency for Cultural Affairs has rescinded a compulsory license pursuant to the provisions of the preceding paragraph, the Commissioner must notify the person who obtained that compulsory license and the copyright owner referred to in the preceding paragraph of that fact, the compensation amount up to revocation prescribed in the following paragraph, and other matters specified by Order of the Ministry of Education, Culture, Sports, Science and Technology.

In the case prescribed in the preceding paragraph, the copyright owner may receive repayment, out of the amount of compensation deposited pursuant to the provisions of paragraph (1) in respect of the right to receive the compensation referred to in that paragraph, of the amount corresponding to the period from the date of the compulsory license to the day before the date of the disposition rescinding it (hereinafter in this Article referred to as the "compensation amount up to revocation").

In the case prescribed in paragraph (8), the person who deposited the compensation referred to in paragraph (1) may recover the portion of the amount of that compensation that exceeds the compensation amount up to revocation.

Notwithstanding the provisions of paragraph (1), the deposit under that paragraph is not required if the national or local government or equivalent corporation seeks to exploit an unmanaged work made public, etc. pursuant to the provisions of that paragraph. In this case, if requested by the copyright owner, the national or local government or equivalent corporation must pay the copyright owner compensation in the amount fixed by the Commissioner of the Agency for Cultural Affairs pursuant to the provisions of that paragraph (or, in the case prescribed in paragraph (8), the compensation amount up to revocation).

A broadcaster or simultaneous broadcasting service seeking to broadcast a work that has been made public or transmit such work via simultaneous broadcasting may, if all of the following items are satisfied, broadcast the work or transmit the work via simultaneous broadcasting pursuant to a compulsory license by the Commissioner of the Agency for Cultural Affairs, and after paying compensation to the copyright owner in the amount that has been fixed by the Commissioner as equivalent to the ordinary rate of royalties.

the broadcaster or simultaneous broadcasting service has requested the copyright owner to agree to authorize its broadcast of the work or transmission of the work via simultaneous broadcasting, but an agreement cannot be reached or deliberations about this cannot be entered into;

it is not clear that the author intends to discontinue the broadcast, simultaneous broadcasting or other exploitation of the work;

it is not recognized that there are unavoidable circumstances for the copyright owner's not granting authorization to broadcast the work or transmit it via simultaneous broadcasting.

A work that is broadcast or transmitted via simultaneous broadcasting pursuant to the provisions of the preceding paragraph may also be cablecast, transmitted via area-limited specified input-type automatic public transmission, or communicated publicly through a receiver. In this case, except in a case to which the provisions of Article 38, paragraphs (2) and (3) apply, the person that makes that cablecast, transmits the area-limited specified input-type automatic public transmission, or sends the communication must pay the copyright owner compensation in an amount equivalent to the ordinary rate of royalties.

Upon receipt of an application for the compulsory license referred to in paragraph (1), the Commissioner of the Agency for Cultural Affairs must notify the copyright owner affected by the application of this, and must afford that owner an opportunity to express an opinion, specifying an adequate period of time for this.

The provisions of Article 67, paragraphs (4), (6) and (7) apply mutatis mutandis to the compulsory license referred to in paragraph (1). In this case, the phrase "the applicant" in paragraph (7) of that Article is deemed to be replaced with "the applicant and the copyright owner", and the phrase "the matters set forth in the items of paragraph (5)" in item (i) of that paragraph is deemed to be replaced with "that fact".