Copyright Act

In this Act, the meanings of the terms set forth in the following items are as prescribed respectively in those items:

a "work" means a creatively produced expression of thoughts or sentiments that falls within the literary, academic, artistic, or musical domain;

"author" means a person who creates a work;

"performing" means giving a dramatic performance of, dancing, giving a musical performance of, singing, delivering, declaiming, or by any other means giving a performance of a work (including similar actions not involving the performance of a work but having the nature of a performing art);

"performer" means an actor, dancer, musician, singer, or any other person who gives a performance, or a person who conducts or stages a performance;

"phonogram" means the fixation of sounds on a material object such as a phonograph disc or recording tape (other than of sounds that are intended to be played exclusively alongside images);

"producer of a phonogram" means the person that was the first to fix the sounds that have been fixed in a phonogram;

"commercial phonogram" means a copy of a phonogram that is produced for the purposes of commercial distribution;

making a "transmission to the public" means making a transmission of wireless communications or wired telecommunications with the objective of allowing the public to receive them directly (excluding transmission (unless this constitutes the transmission of a work of computer programming) using telecommunications equipment one part of which is installed on the same premises as the other parts (or, excluding, if two or more persons occupy the same premises, transmission using telecommunications equipment both ends of which are installed within the area a single person occupies));

"broadcasting" means the transmission to the public of wireless communications with the objective of allowing the public to simultaneously receive transmissions with the same content;

"broadcaster" means a person that does broadcasting in the course of trade;

"cablecasting" means the transmission to the public of wired telecommunications with the objective of allowing the public to simultaneously receive transmissions with the same content;

"cablecaster" means a person that does cablecasting in the course of trade;

"automatic public transmission" means a transmission to a member of the public (excluding one that constitutes a broadcast or cablecast) that is made automatically in response to a request from the member of the public;

making a work "available for transmission" means making it available to be transmitted via automatic public transmission, through either of the following actions:

recording data onto a recording medium that an automatic public transmission server connected with a public telecommunications network uses for transmissions to the public (an automatic public transmission server is a device with a function that allows it to send automatic public transmissions of data recorded onto the area of its recording media that is used for automatic public transmissions (hereinafter in this item referred to as a "recording medium for public transmissions") or of data input into it, through its connection with a public telecommunications network; the same applies hereinafter); adding a recording medium onto which data has been recorded to such an automatic public transmission server as its recording medium for public transmissions; converting a recording medium onto which data has been recorded into such an automatic public transmission server's recording medium for public transmissions; or inputting data into such an automatic public transmission server;

connecting an automatic public transmission server onto whose recording medium for public transmissions data has been recorded or into which data has been input, to a public telecommunications network (if this is done through a series of actions such as connecting cables, starting up the automatic public transmission server, and booting the programs for transmission and reception, connecting means the last action in the series);

"specified input-type automatic public transmission" means an automatic public transmission made by receiving a broadcast transmission and simultaneously inputting data to an automatic public transmission server that is connected with a public telecommunications network (including making work available for transmission in order to make that automatic public transmission);

"simultaneous broadcasting" means an automatic public transmission of a broadcast program or cablecast program (including making a work available for transmission in order to make that automatic public transmission: hereinafter the same applies in this item), which satisfies the requirements set forth in (a) through (c) (excluding automatic public transmission designated by the Commissioner of the Agency for Cultural Affairs in consultation with the Minister for Internal Affairs and Communications as one that would unreasonably prejudice the interests of the copyright owner, the owner of print rights or the owner of neighboring rights (hereinafter referred to as the "copyright owner, etc.") or one that cannot be easily viewed or listened to widely by citizens, and a specified input-type automatic public transmission):

the automatic public transmission is made within one week from the day on which the broadcast of the broadcast program or the cablecast of the cablecast program takes place (if the broadcast of the broadcast program or the cablecast of the cablecast program takes place in series in certain intervals under the same title and the interval is longer than one week: within a period specified by the Commissioner of the Agency for Cultural Affairs not exceeding one month, depending on that interval) (excluding any automatic public transmission made before the broadcast or cablecast takes place);

the automatic public transmission is made without changing the content of the broadcast program or cablecast program (excluding an automatic public transmission in which the content has been changed by excluding part of the broadcast program or cablecast program for which authorization for the automatic public transmission has not been obtained from the copyright owner, etc. or due to any other unavoidable circumstances); and

the automatic public transmission is subject to measures specified by Order of the Ministry of Education, Culture, Sports, Science and Technology as measures to prevent or deter the broadcast program or cablecast program from being digitally reproduced by receiving that automatic public transmission;

"simultaneous broadcasting service" means a service that provides simultaneous broadcasting in the course of trade by receiving a broadcast program or cablecast program supplied by a broadcaster or cablecaster with which the service has a close relationship specified by the Commissioner of the Agency for Cultural Affairs (hereinafter simply referred to as a "close relationship") as a personal relationship or capital relationship;

"producer of a cinematographic work" means the person that does the conceptualizing and has the responsibility in the production of a cinematographic work;

"computer program" means something expressed as a set of instructions written for a computer, which makes the computer function so that a specific result can be obtained;

"database" means an aggregate of data such as articles, numerical values, or diagrams, which is systematically constructed so that such data can be searched with a computer;

"derivative work" means a work that a person creates by translating, composing a musical arrangement of, reformulating, dramatizing, making a cinematographic adaptation of, or otherwise adapting a pre-existing work;

"joint work" means a work created by two or more persons whose contributions to the work cannot be separated so as to allow each part of the work to be used independently;

"recording the sound" of something means fixing sounds into a physical object or producing additional copies of that fixation;

"recording the visuals" of something means fixing a sequence of images into a physical object or producing additional copies of that fixation;

"reproduction" means the physical replication of a work through printing, photography, or copying, through the recording of sound or visuals, or in any other way, and, for each of the following subject matters, includes the action set forth therein:

a scenario or other similar work that is used for acting:recording the sound or visuals of a stage performance, broadcast, or cablecast of the work; and

an architectural work:the construction of a structure in accordance with the architectural plan;

giving a "stage performance" means performing a work other than by musical performance (a musical performance includes singing; the same applies hereinafter);

giving an "on-screen presentation" means projecting a work (other than one being transmitted to the public) on a movie screen or other physical object, and includes playing the sounds accompanying the projection that are fixed to a cinematographic work;

"recitation" means communicating a work orally by reading it or through other means (except for a means that constitutes a performance);

"distributing" a work means transferring or renting out copies of a work to the public, regardless of whether this is done for a price or at no charge, and with regard to a cinematographic work or a work reproduced therein, it includes transferring or renting out copies of such a work for the purpose of presenting the work to the public;

"technological protection measures" means measures that use electronic means, magnetic means, or other means that cannot be perceived through the human senses (referred to as "electronic or magnetic means" in the following item and item (xxii)) to prevent or deter a person from engaging in an action that constitutes infringement of an author's moral rights or copyright as referred to in Article 17, paragraph (1), of a print right, of a performer's moral rights as referred to in Articles 89, paragraph (1), or of neighboring rights as referred to in Article 89, paragraph (6) (hereinafter referred to as "copyright-related matters" in this item, Article 30, paragraph (1), item (ii), Article 113, paragraph (7) and Article 120-2, items (i) and (iv)) (deterring such an action means deterring a person from engaging in an action that constitutes infringement of copyright-related matters by causing a considerable barrier to arise as a result of such an action; the same applies in Article 30, paragraph (1), item (ii)) (excluding any measure taken to prevent or suppress such an action that is not based on the intentions of the person that owns the copyright-related matters), and that are taken using signals to which a machine that can be used to exploit a work, performance, phonogram, broadcast, or cablecast (hereinafter referred to as "work") will have a specific reaction if the work is exploited (this includes if an action is taken that constitutes an infringement of the moral rights of the author or performer when taken without the consent of the author or the performer), by recording such signals onto a recording medium, or by transmitting such signals; or by converting the sounds or images of a work, performance, or phonogram and recording them onto a recording medium or converting the sounds or images of a broadcast or cablecast and transmitting them, so that a machine that can be used to exploit that work will need to make a specific conversion when the work is exploited;

"technological exploitation restriction measures" means measures that use electronic or magnetic means to restrict work from being viewed or listened to (or from being executed on a computer, if it is a work of computer programming; the same applies hereinafter in this item and Article 113, paragraph (6)) (excluding any measure taken to restrict this that is not based on the intentions of the copyright owner, etc.), and that are taken using signals to which a machine that can be used to view or listen to work will have a specific reaction if the work is viewed or listened to, by recording such signals onto a recording medium; by transmitting such signals; or by converting the sounds or images of a work, performance, or phonogram and recording them onto a recording medium or converting the sounds or images of a broadcast or cablecast and transmitting them, so that a machine that can be used to exploit that work will need to make a specific conversion when the work is viewed or listened to;

"rights management information" means information about a moral right or copyright provided for in Article 17, paragraph (1), a print right, or a right referred to in Article 89, paragraphs (1) through (4) (hereinafter referred to as a "copyright-related matters" in this item) which falls under (a), (b), or (c) below, and which is recorded onto a recording medium along with the sounds or images of a work, performance, or phonogram, or transmitted along with the sounds or images of a broadcast or cablecast (excluding information not used for assessing how a work is exploited, for administrative handling related to authorization to exploit a work, or for other management of a work (limited to management by computer)) by electronic or magnetic means:

information that specifies a work, etc., a holder of copyright-related matters, or other matters specified by Cabinet Order;

information on the method and conditions of exploitation where exploitation of a work, etc. is authorized;

information that makes it possible to specify the matters set forth in (a) or (b) by collating it with other information;

"copyright management service" means a copyright management service provided for in Article 2, paragraph (3) of the Act on Copyright Management Service (Act No. 131 of 2000);

"in Japan" means within the jurisdiction of this Act; and

"abroad" means outside the jurisdiction of this Act.

As used in this Act, an "artistic work" includes a work of artistic craftsmanship.

As used in this Act, a "cinematographic work" includes a work rendered in a manner that produces a visual or audio-visual effect analogous to that of cinematography, and that is fixed into a physical object.

As used in this Act, a "photograph" includes a work rendered using a method similar to that which is used to produce a photograph.

As used in this Act, "the public" includes exclusive groups made up of many persons.

As used in this Act, a "corporation" includes an association or foundation that is without legal personality but that has stipulations for a representative or administrator.

In this Act, "stage performance", "musical performance", and "recitation" include the playback of sound or visual recordings of a stage performance, musical performance, or recitation of a work (except when this constitutes a transmission to the public or on-screen presentation), and the communication of a stage performance, musical performance, or recitation of a work by means of telecommunication facilities (except when this constitutes a transmission to the public).

In this Act, "renting out" a work includes any action that causes a person to acquire the authority for similar use of it, irrespective of the name given to it or the manner in which it is done.

In this Act, any term as set forth in paragraph (1), items (vii)-2, (viii), (ix)-2, (ix)-4, (ix)-5, (ix)-7, and (xiii) through (xix), and in the preceding two paragraphs encompasses the variant grammatical forms that use the same root.