Copyright Act

Before exercising the right to receive compensation for public transmission by libraries or similar facilities pursuant to the provisions of Article 104-10-2, paragraph (2), a designated association must fix the amount of compensation for public transmission by libraries or similar facilities and obtain the approval of the Commissioner of the Agency for Cultural Affairs. The same applies to cases where a change in the amount is made to the amount.

Notwithstanding the provisions of Article 31, paragraph (5), if the approval referred to in the preceding paragraph has been given, the amount of compensation for public transmission by libraries or similar facilities is the amount for which that approval has been received.

Before applying for the approval referred to in paragraph (1), a designated association must hear the opinions of associations of persons that establish libraries or similar facilities and are recognized as representing the opinions of persons that establish libraries or similar facilities.

The Commissioner of the Agency for Cultural Affairs must not approve the amount of compensation for public transmission by libraries or similar facilities to which an application for permission under paragraph (1) pertains, unless it is found to be an appropriate amount in consideration of the purport of the provisions of Article 31, paragraph (2), the influence on the interests of the copyright owner, etc. in light of the nature and purpose of the works associated with public transmission by libraries or similar facilities as well as the circumstances of public transmission by libraries or similar facilities, the benefit enjoyed by users of specified libraries or similar facilities when they are able to easily acquire electronic or magnetic records via public transmission by libraries or similar facilities, and any other circumstances.

Before granting the approval referred to in paragraph (1), the Commissioner of the Agency for Cultural Affairs must consult the Culture Council.

Before initiating the functions connected with compensation, a designated association must establish rules on the execution of functions connected with compensation and notify the Commissioner of the Agency for Cultural Affairs thereof. The same applies to cases where a change is made to rules.

The rules referred to in the preceding paragraph must include the particulars of the distribution of compensation for public transmission by libraries or similar facilities, and the designated association must establish the particulars of the distribution in consideration of the purport of the provisions of Article 31, paragraph (5).

A designated association must expend an amount equivalent to an amount calculated pursuant to the provisions of Cabinet Order in consideration of how a work is exploited, expenses for administrative handling related to the distribution of compensation for public transmission by libraries or similar facilities, or other circumstances, of the total amount of compensation for public transmission by libraries or similar facilities, for undertakings that relate to protecting copyright, print right and neighboring rights, as well as undertakings that contribute to promoting the creation of works and to their dissemination.

Before establishing the Cabinet Order referred to in the preceding paragraph or drafting an amendment to it, the Commissioner of the Agency for Cultural Affairs must consult the Culture Council.

If the Commissioner of the Agency for Cultural Affairs finds it is necessary in order to ensure the proper operation of functions related to an undertaking referred to in paragraph (1), the Commissioner may issue any order required for supervising the relevant functions.

If the Commissioner of the Agency for Cultural Affairs determines that it finds it is necessary in order to ensure a designated association's proper operation of functions connected with compensation, the Commissioner may stipulated that the designated association report on its functions connected with compensation; may request that it submit its books, documents, and other materials; or may issue any recommendations necessary for improvement in the way in which the designated association executes its functions connected with compensation.

Other than what is provided for in this Section, the necessary particulars of designated associations and of the functions connected with compensation are provided for by Cabinet Order.

If an association is in existence that has as its purpose the exercise of rights on behalf of persons that own the right to receive the compensation referred to in Article 35, paragraph (2) (including as applied mutatis mutandis pursuant to the provisions of Article 102, paragraph (1); the same applies hereinafter in Article 104-13, paragraph (2) and Article 104-14, paragraph (2)) (hereinafter in this Section referred to as "compensation for public transmission for classes") (hereinafter in the following paragraph and item (iv) of the following Article wherein persons are referred to as "right holders"), whose consent has been obtained and which the Commissioner of the Agency for Cultural Affairs has designated as the only association in the country, the right to receive compensation for public transmission for classes may be exercised exclusively through the designated association thus designated (hereinafter in this Section referred to as the "designated association").

A designated association has the authority to act in and out of court on behalf of a right holder, in its own name, in connection with the right to receive compensation for public transmission for classes.

The Commissioner of the Agency for Cultural Affairs may not make a designation under the provisions of paragraph (1) of the preceding Article unless the association satisfies the following criteria:

it is a general incorporated association;

it has as its members the following associations:

an association (including a federation of associations) that has as its members persons that own the rights provided for in Article 23, paragraph (1) in connection with works associated with public transmission (excluding public transmission referred to in Article 35, paragraph (3); hereinafter in this Section referred to as "public transmission for classes") referred to in Article 35, paragraph (1) (including as applied mutatis mutandis pursuant to the provisions of Article 102, paragraph (1); the same applies hereinafter in paragraph (4) of the following Article), and which is recognized as representing ,in Japan, the interests of persons that own the right provided for in that paragraph in connection with works associated with public transmission for classes;

an association (including a federation of associations) that has as its members persons that own the right provided for in Article 92, paragraph (1) and Article 92-2, paragraph (1) in connection with performances associated with public transmission for classes, and which is recognized as representing, in Japan, the interests of persons that own the right provided for in those Articles in connection with performances associated with public transmission for classes;

an association (including a federation of associations) that has as its members persons that own the right provided for in Article 96-2 in connection with phonograms associated with public transmission for classes, and which is recognized as representing, in Japan, the interests of persons that own the right provided for in that Article in connection with phonograms associated with public transmission for classes;

an association (including a federation of associations) that has as its members persons that own the right provided for in Article 99, paragraph (1) and Article 99-2, paragraph (1) in connection with broadcasts associated with public transmission for classes, and which is recognized as representing, in Japan, the interests of persons that own the right provided for in those Articles in connection with broadcasts associated with public transmission for classes;

an association (including a federation of associations) that has as its members persons that own the right provided for in Articles 100-3 and 100-4 in connection with cablecasts associated with public transmission for classes, and which is recognized as representing, in Japan the interests of persons that own the right provided for in those Articles in connection with cablecasts associated with public transmission for classes;

the associations set forth in (a) through (e) of the preceding item satisfy the following conditions:

they are non-profit associations;

their members may freely join and leave;

their members have an equal right to vote on resolutions and in elections;

they have sufficient capacity to properly perform functions involved in exercising the right to receive compensation for public transmission for classes (including functions involved in the undertaking referred to in Article 104-15, paragraph (1); hereinafter in this Section referred to as "functions connected with compensation") on behalf of the right holders.

Before exercising the right to receive compensation for public transmission for classes pursuant to the provisions of Article 104-11, paragraph (1), a designated association must fix the amount of public transmission for classes and obtain the approval of the Commissioner of the Agency for Cultural Affairs. The same applies to cases where a change in the amount is made to the amount.

Notwithstanding the provisions of Article 35, paragraph (2), if the approval referred to in the preceding paragraph has been given, the amount of compensation for public transmission for classes is the amount for which that approval has been received.

Before applying for the approval referred to in paragraph (1), a designated association must hear the opinions of associations of persons that establish educational institutions referred to in Article 35, paragraph (1) where public transmission for classes is made and are recognized as representing the opinions of persons that establish educational institutions referred to in that paragraph.

The Commissioner of the Agency for Cultural Affairs must not approve the amount of compensation for public transmission for classes to which an application for permission under paragraph (1) pertains, unless it is found to be an appropriate amount in consideration of the purport of the provisions of Article 35, paragraph (1), the ordinary rate of royalties for public transmission (including making it available for transmission, if it is to be transmitted to the public via automatic public transmission), and any other circumstances.

Before granting the approval referred to in paragraph (1), the Commissioner of the Agency for Cultural Affairs must consult the Culture Council.

Before initiating the functions connected with compensation, a designated association must establish rules on the execution of functions connected with compensation and notify the Commissioner of the Agency for Cultural Affairs thereof. The same applies to cases where a change is made to rules.

The rules referred to in the preceding paragraph must include the particulars of the distribution of compensation for public transmission for classes, and the designated association must establish the particulars of the distribution in consideration of the purport of the provision of Article 35, paragraph (2).

A designated association must expend an amount equivalent to an amount calculated pursuant to the provisions of Cabinet Order in consideration of how a work is exploited, expenses for administrative handling related to the distribution of compensation for public transmission for classes, or other circumstances, of the total amount of compensation for public transmission for classes, for undertakings that relate to protecting copyright and neighboring rights, as well as undertakings that contribute to promoting the creation of works and to their dissemination.

Before establishing the Cabinet Order referred to in the preceding paragraph or drafting an amendment to it, the Commissioner of the Agency for Cultural Affairs must consult the Culture Council.

If the Commissioner of the Agency for Cultural Affairs finds it is necessary, in order to ensure the proper operation of functions related to an undertaking referred to in paragraph (1), the Commissioner may issue any order required for supervising the relevant functions.

If the Commissioner of the Agency for Cultural Affairs determines that it finds it is necessary, in order to ensure a designated association's proper operation of functions connected with compensation, the commissioner may stipulate that the designated association report on its functions connected with compensation; may request that it submit its books, documents, and other materials; or may issue any recommendations necessary for improvement in the way in which the designated association executes its functions connected with compensation.

Other than what is provided for in this Section, the necessary particulars of designated associations and of the functions connected with compensation are provided for by Cabinet Order.