Copyright Act

The provisions of Article 30, paragraph (1) (except item (iv); the same applies in paragraph (98), item (i)); Articles 30-2 through 3233-2, Articles 35, and 36; Article 37, paragraph (3); Article 37-2 (except item (i); the same applies in the following paragraph); Article 38, paragraphs (2) and (4); Articles 41 through 43; Article 44 (except paragraph (2)); Articles 46 through 47-2; and Articles 47-4 to 47-5 apply mutatis mutandis to the exploitation of a performance, phonogram, broadcast, or cablecast that is the subject of neighboring rights;, the provisions of Article 30, paragraph (3) and Article 47-7 apply mutatis mutandis to the exploitation of a performance or phonogram that is the subject of neighboring rights; the provisions of Articles 33 through 33-3 apply mutatis mutandis to the exploitation of a broadcast or cablecast that is the subject of neighboring rights;, and the provisions of Article 44, paragraph (2) apply mutatis mutandis to the exploitation of a performance, phonogram, or cablecast that is the subject of neighboring rights, respectively. In this case: in Article 30, paragraph (1), item (iii), the phrase "an automatic public transmission that infringes on a copyright (including an automatic public transmission that is transmitted abroad and...)" is deemed to be replaced with "an automatic public transmission involving making a work available for transmission that infringes on a copyright (including making a work available for transmission that is undertaken abroad and...)"; in Article 33, paragraph (3), the phrase "inform the author of this" is deemed to be replaced with "in the case of exploiting a performance, inform the performer of this"; in Article 44, paragraph (1), the phrase "Article 23, paragraph (1)" is deemed to be replaced with "Article 92, paragraph (1); Article 92-2, paragraph (1), Article 96-2, Article 99, paragraph (1); or Article 100-3", in Article 44, paragraph (2), the phrase "Article 23, paragraph (1)" is deemed to be replaced with "Article 92, paragraph (1), Article 92-2, paragraph (1), Article 96-2 or Article 100-3", and in Article 44, paragraph (3), the phrase "Article 23, paragraph (1)" is deemed to be replaced with "Article 92-2, paragraph (1) or Article 96-2."

If a performance or phonogram or sounds or images from a broadcast or cablecast (hereinafter referred to as a "performance, etc.") are reproduced pursuant to the provisions of Article 32; Article 33, paragraph (1) (or (2) (including when these apply mutatis mutandis pursuant to paragraph (45) of that Article); Article 33-2, paragraph (1); Article 33-3, paragraph (1 or (2); Article 37, paragraph (3); Article 37-2; Article 41-2, paragraph (1); Article 42; Article 42-2, paragraph (1); or Article 47, as applied mutatis mutandis pursuant to the preceding paragraph, or are reproduced pursuant to the provisions of the following paragraph or paragraph (4), and it is common practice to indicate the source, the source must be clearly indicated in the manner and to the extent considered reasonable for the circumstances of the reproduction.

If it a person set forth by Cabinet Order that is permissible as referred to reproduce a work printed in Article 37, paragraph (3) and that engages in a school textbook an undertaking related to the welfare of persons with a visual or vision-related impairment is permitted to reproduce a visual work pursuant to the provisions of Article 33-3,that paragraph (1), it is also permissible to, that person may also reproduce any performance whose sound has been recorded in a sound recording made based on the application of the provisions of that paragraph, tomay reproduce any phonogram associated with the relevantsuch sound recording, may make the performance or phonogram available for transmission, and tomay present the performance or phonogram to the public through the transfer of copies thereof, for the purpose referred to in that paragraph.

If a person set forth by Cabinet OrderA broadcast performance that is as referred to in Article 37, paragraph (3) and that engages in an undertaking related to the welfaresubject of persons with visual and other such impairments is permitted to reproduce a visual work pursuant to the provisions of that paragraphneighboring rights may be transmitted via area-limited specified input-type automatic public transmission; provided, however, that person may also reproduce any performance whose sound has been recorded in a sound recording made based onthis does not apply if doing so would prejudice the applicationrights of the provisions ofperson that paragraph, may reproduce any phonogram associated with such sound recording, may makeowns the performance or phonogram availablerights provided for transmission, and may present the performance or phonogram to the public through the transfer of copies thereof, for the purpose referredin Article 99-2, paragraph (1) with respect to in that paragraphbroadcast.

A broadcast performance that is the subject of neighboring rights may be transmitted via area-limited specified input-type automatic public transmission; provided, however, that this does not apply if doing so would prejudiceUnless the provisions of Article 38, paragraph (2) as applied mutatis mutandis pursuant to paragraph (1) of this Article are applicable, a person that makes a performance available for transmission pursuant to the rightsprovisions of the person that owns preceding paragraph must pay a reasonable amount of compensation to the rights provided for owner of the right set forth in Article 99-292-2, paragraph (1) with respect to that broadcastperformance.

Unless theThe provisions of Article 38, paragraph (2) as appliedthe preceding two paragraphs apply mutatis mutandis pursuant to paragraph (1)the exploitation of this Article are applicable, a persona phonogram that makes a performance available for transmission pursuant tois the provisionssubject of the preceding paragraph must pay a reasonable amount of compensation toneighboring rights. In this case, in the owner ofpreceding paragraph, the right set forth in phrase "Article 92-2, paragraph (1) with respect" is deemed to that performancebe replaced with "Article 96-2".

The provisions of the preceding two paragraphs apply mutatis mutandis If it is permissible for a person to broadcast or cablecast a work pursuant to the exploitationprovisions of a phonogram that Article 39, paragraph (1) or Article 40, paragraph (1) or (2), it is also permissible for the subject of neighboring rights. In this case, in person to cablecast the work or use a special instrument that enlarges images to communicate the preceding paragraph,work to the phrase "Article 92-2, paragraph (1)" is deemed public based on the receipt of that broadcast or cablecast transmission, and to be replaced with "Article 96-2"transmit such a broadcast transmission via area-limited specified input-type automatic public transmission.

If it is permissible for a person to broadcast or cablecast a work pursuant to the provisions The persons set forth in the following are deemed to have made a sound recording, visual recording or reproduction of Article 39, paragraph (1) ora performance, etc. pursuant to Article 4091, paragraph (1) or (2), it is also permissible for the person to cablecast the work or use a special instrument that enlarges images to communicate the work to the public based on the receipt of that broadcast or cablecast transmission, and to transmit such a broadcast transmission via area-limited specified input-type automatic public transmission., Article 96, Article 98 or Article 100-2:

a person that distributes a copy of a performance, etc. which has been made based on the application of the provisions of Article 30, paragraph (1); Article 30-3; Article 31, paragraph (1), item (i), paragraph (2), item (i), paragraph (4), paragraph (7), item (i) or paragraph (9), item (i); Article 33, paragraph (2) (including when it applies mutatis mutandis pursuant to paragraph (5) of that Article); Article 33-2, paragraph (1), (2) or (5); Article 35, paragraph (1); Article 37, paragraph (3); Article 37-2, item (ii); Article 41; Article 41-2, paragraph (1); Article 42; Article 42-2, paragraph (1); Article 42-3; Article 42-4; Article 43, paragraph (2); Article 44, paragraphs (1) through (3); Article 47, paragraph (1) or (3); Article 47-2; or Article 47-5, paragraph (1) as applied mutatis mutandis pursuant to paragraph (1) of this Article, or that presents a performance, sounds from a phonogram, or sounds or images from a broadcast or cablecast to the public by means of such a copy, for a purpose other than what is provided for in those provisions;

a person that uses a copy of a performance, etc. that has been created based on the application of the provisions of Article 30-4 as applied mutatis mutandis pursuant to paragraph (1) of this Article to exploit that performance, etc. with the purpose of personally enjoying or causing another person to enjoy it, irrespective of the manner in which the person exploits it;

a broadcaster, cablecaster or simultaneous broadcasting service that preserves a sound or visual recording provided for in Article 44, paragraph (4) as applied mutatis mutandis pursuant to paragraph (1) of this Article, in violation of the provisions of that paragraph;

a person that uses a copy of a performance, etc. that has been created based on the application of the provisions of Article 47-4; or Article 47-5, paragraph (2) as applied mutatis mutandis pursuant to paragraph (1), to exploit that performance, etc. for a purpose other than what is provided for in those provisions, irrespective of the manner in which the person exploits it;

a person that distributes a copy of a performance or phonogram that has been created based on the application of the provisions of paragraph (3), or that uses such a copy to present sounds from the performance or phonogram to the public, for a purpose other than what is provided for in Article 37, paragraph (3).

The provisions of the preceding Article that concern limitations on neighboring rights (other than the provisions of paragraphs (76) and (87) of that Article) must not be interpreted as affecting the protection of the moral rights of performers.

The provisions of Article 61, paragraph (1) apply mutatis mutandis to the transfer of neighboring rights; the provisions of Article 62, paragraph (1) to the expiry of those rights; the provisions of Articles 63 and 63-2 to the authorization to exploit a performance, phonogram, broadcast, or cablecast; the provisions of Article 65 to the case where those rights are jointly owned; the provisions of Article 66 to the establishment of a pledge on those rights; the provisions of Article 67 (except paragraph (1), item (ii)); Article 67-2 (except the proviso to paragraph (1)); Article 70; Article 71 (limited to the part concerned with item (ii)); Article 72; Article 73; and Article 74, paragraphs (3) and (4) to the exploitation of a performance, phonogram, broadcast, or cablecast if the owners of neighboring rights cannot be found; the provisions of Article 67-3 (except paragraph (1), item (ii)), Article 70, Article 71 (limited to the part concerned with item (ii)), Article 72, Article 73, and Article 74, paragraphs (3) and (4) to the exploitation of a performance, phonogram, broadcast, or cablecast if the intention of the owners of neighboring rights as to whether to permit that exploitation cannot be confirmed; the provisions of Article 68 (except paragraph (1), item (ii)), Article 70, Article 71 (limited to the part concerned with item (ii)), Article 72, the main clause of Article 73, and Article 74 to the exploitation of a performance, phonogram, broadcast, or cablecast if an agreement with the owners of neighboring rights has been sought but cannot be reached or deliberations cannot be entered into; and the provisions of Article 71 (limited to the part concerned with item (i)) and Article 74 to the exploitation of a performance, phonogram, broadcast, or cablecast under the provisions of Articles 33 through 33-3and 33-2 as applied mutatis mutandis pursuant to Article 102, paragraph (1). In this case, in Article 63, paragraph (6), the phrase "Article 23, paragraph (1)" is deemed to be replaced with "Article 92-2, paragraph (1), Article 96-2, Article 99-2, paragraph (1), or Article 100-4", and in Article 68, paragraph (2), the phrase "Article 38, paragraphs (2) and (3)" is deemed to be replaced with "Article 38, paragraph (2), as applied mutatis mutandis pursuant to Article 102, paragraph (1)".