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Article 102-2第百二条の二
Relationship with the Moral Rights of Performers(実演家人格権との関係)
Article 102-2, paragraph (1)
The provisions of the preceding Article that concern limitations on neighboring rights (other than the provisions of paragraphs (6) and (7) of that Article) must not be interpreted as affecting the protection of the moral rights of performers.
Transfer and Exercise of Neighboring Rights(著作隣接権の譲渡、行使等)
Article 103, paragraph (1)
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 and 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)".
Article 103-2, paragraph (1)(二次使用料規程の作成)Preparation of Secondary Use Fee RulesAdded
A designated body (meaning the association referred to in Article 95, paragraph (5) as applied mutatis mutandis pursuant to Article 95-2, paragraph (3); the same applies hereinafter in this Article through Article 103-6) must establish secondary use fee rules stating the following matters concerning the amount of the secondary use fees that it may demand on behalf of persons that own the right to receive the secondary use fees referred to in Article 95-2, paragraph (1), pursuant to Article 95, paragraph (5) as applied mutatis mutandis pursuant to Article 95-2, paragraph (3):
Article 103-2, paragraph (1), item (i)(二次使用料規程の作成)Preparation of Secondary Use Fee RulesAdded
the amount of the secondary use fees for each use category (meaning a category according to the circumstances of exploitation; the same applies in paragraphs (1) and (3) of the following Article, Article 103-5, paragraph (1), and Article 103-6, paragraph (1)), established in accordance with the standards specified by the Commissioner of the Agency for Cultural Affairs;
Article 103-2, paragraph (1), item (ii)(二次使用料規程の作成)Preparation of Secondary Use Fee RulesAdded
the date of implementation;
実施の日
Article 103-2, paragraph (1), item (iii)(二次使用料規程の作成)Preparation of Secondary Use Fee RulesAdded
other particulars specified by the Commissioner of the Agency for Cultural Affairs.
その他文化庁長官が定める事項
Article 103-2, paragraph (2)(二次使用料規程の作成)Preparation of Secondary Use Fee RulesAdded
When a designated body intends to establish or change the secondary use fee rules referred to in the preceding paragraph, it must make efforts to hear the opinions of users or of associations that have users as their direct or indirect members.
Article 103-2, paragraph (3)(二次使用料規程の作成)Preparation of Secondary Use Fee RulesAdded
When a designated body intends to establish or change the secondary use fee rules referred to in paragraph (1), it must give public notice of a draft of those secondary use fee rules, pursuant to the provisions of Order of the Ministry of Education, Culture, Sports, Science and Technology.
Article 103-3, paragraph (1)(二次使用料規程の協議)Consultation on Secondary Use Fee RulesAdded
When public notice has been given under paragraph (3) of the preceding Article, a user representative (meaning an organization or individual found to represent the interests of users in a use category in the secondary use fee rules referred to in paragraph (1) of that Article, in light of the proportion of users who are its direct or indirect members to the total number of users, the proportion of the amount of secondary use fees paid by its direct or indirect members to the total amount of secondary use fees paid by users, and other circumstances; the same applies hereinafter in this Article, Article 103-5, paragraph (1), and Article 103-6, paragraph (1)) may, within one month from the date of that public notice, request the designated body to consult on a change to the draft of the secondary use fee rules to which that public notice relates (limited to the part for that use category; referred to as "draft secondary use fee rules" in paragraph (5) and in paragraphs (1) and (4) of the following Article).
Article 103-3, paragraph (2)(二次使用料規程の協議)Consultation on Secondary Use Fee RulesAdded
When a user representative requests consultation under the preceding paragraph, the designated body must comply with the request.
指定団体は、利用者代表から前項の協議を求められたときは、これに応じなければならない。
Article 103-3, paragraph (3)(二次使用料規程の協議)Consultation on Secondary Use Fee RulesAdded
In the consultation under paragraph (1), a user representative must make efforts to hear the opinions of the users in that use category (excluding the users who are its members, if the user representative is an organization that has direct or indirect members).
Article 103-3, paragraph (4)(二次使用料規程の協議)Consultation on Secondary Use Fee RulesAdded
If the designated body does not comply with the consultation, or the consultation is not concluded, despite a user representative requesting consultation under paragraph (1), and the user representative files a petition, the Commissioner of the Agency for Cultural Affairs may order the designated body to start or resume that consultation.
Article 103-3, paragraph (5)(二次使用料規程の協議)Consultation on Secondary Use Fee RulesAdded
When the consultation under paragraph (1) is concluded (excluding the case where it is determined that there is no need to change the draft secondary use fee rules), the designated body must change the draft secondary use fee rules based on the result.
Article 103-4, paragraph (1)(二次使用料規程の裁定)Compulsory License on Secondary Use Fee RulesAdded
If the consultation under paragraph (1) of the preceding Article is not concluded even after six months have elapsed from the date of the public notice under Article 103-2, paragraph (3), the relevant parties may request the Commissioner of the Agency for Cultural Affairs to issue a compulsory license on the draft secondary use fee rules.
Article 103-4, paragraph (2)(二次使用料規程の裁定)Compulsory License on Secondary Use Fee RulesAdded
When the Commissioner of the Agency for Cultural Affairs intends to issue the compulsory license under the preceding paragraph, the Commissioner must consult the Culture Council.
文化庁長官は、前項の裁定をしようとするときは、文化審議会に諮問しなければならない。
Article 103-4, paragraph (3)(二次使用料規程の裁定)Compulsory License on Secondary Use Fee RulesAdded
The provisions of Article 67, paragraph (7) (limited to the part concerned with item (i)) and paragraph (8), and Article 68, paragraph (3) apply mutatis mutandis to the compulsory license under paragraph (1). In this case, in Article 67, paragraph (7), the phrase "applicant" is deemed to be replaced with "party"; in item (i) of that paragraph, the phrase "the particulars set forth in the items of paragraph (5) and the amount of compensation fixed for the exploitation of the work subject to the compulsory license", and in paragraph (8) of that Article, the phrase "that fact and the following particulars", are deemed to be replaced with "that fact"; and in Article 68, paragraph (3), the phrase "the copyright owner concerned in that application" is deemed to be replaced with "the other party".
Article 103-4, paragraph (4)(二次使用料規程の裁定)Compulsory License on Secondary Use Fee RulesAdded
When a compulsory license under paragraph (1) has been issued to the effect that the draft secondary use fee rules need to be changed, the draft secondary use fee rules are to be changed in accordance with what is specified in that compulsory license.
Article 103-5, paragraph (1)(二次使用料規程の届出等)Notification, etc. of Secondary Use Fee RulesAdded
If no request for consultation under Article 103-3, paragraph (1) for any use category has been made by a user representative within one month from the date of the public notice under Article 103-2, paragraph (3), or if the consultation under that paragraph has been concluded or a compulsory license under paragraph (1) of the preceding Article has been issued, the designated body must notify the Commissioner of the Agency for Cultural Affairs of the secondary use fee rules it has established or changed by the date of their implementation, and also make them public, pursuant to the provisions of Order of the Ministry of Education, Culture, Sports, Science and Technology.
Article 103-5, paragraph (2)(二次使用料規程の届出等)Notification, etc. of Secondary Use Fee RulesAdded
Secondary use fee rules for which notification has been made under the provisions of the preceding paragraph take effect from the date specified in those secondary use fee rules as the date of their implementation.
Article 103-5, paragraph (3)(二次使用料規程の届出等)Notification, etc. of Secondary Use Fee RulesAdded
A designated body must not claim as a secondary use fee an amount exceeding the amount provided for in the secondary use fee rules for which it has made notification under the provisions of paragraph (1).
Article 103-6, paragraph (1)(届出をした二次使用料規程に係る協議等)Consultation, etc. on Notified Secondary Use Fee RulesAdded
When a user representative requests a designated body to consult on a change to the secondary use fee rules for which notification has been made under paragraph (1) of the preceding Article or paragraph (5) of this Article (limited to the part for that use category; hereinafter referred to as "notified secondary use fee rules" in this Article), the designated body must comply with the request.
Article 103-6, paragraph (2)(届出をした二次使用料規程に係る協議等)Consultation, etc. on Notified Secondary Use Fee RulesAdded
The provisions of Article 103-3, paragraphs (3) through (5) apply mutatis mutandis to the consultation on a change to the notified secondary use fee rules under the preceding paragraph.
Article 103-6, paragraph (3)(届出をした二次使用料規程に係る協議等)Consultation, etc. on Notified Secondary Use Fee RulesAdded
If, where an order has been issued under the provisions of Article 103-3, paragraph (4) as applied mutatis mutandis pursuant to the preceding paragraph, the consultation is not concluded, the relevant parties may request the Commissioner of the Agency for Cultural Affairs to issue a compulsory license on a change to the notified secondary use fee rules.
Article 103-6, paragraph (4)(届出をした二次使用料規程に係る協議等)Consultation, etc. on Notified Secondary Use Fee RulesAdded
The provisions of Article 103-4, paragraphs (2) through (4) apply mutatis mutandis to the compulsory license on a change to the notified secondary use fee rules referred to in the preceding paragraph.
Article 103-6, paragraph (5)(届出をした二次使用料規程に係る協議等)Consultation, etc. on Notified Secondary Use Fee RulesAdded
When the consultation under paragraph (1) has been concluded and it has been determined that the notified secondary use fee rules need to be changed, or when a compulsory license under paragraph (3) to the effect that the notified secondary use fee rules need to be changed has been issued, the designated body must notify the Commissioner of the Agency for Cultural Affairs of the changed secondary use fee rules by the date of their implementation, and also make them public, pursuant to the provisions of Order of the Ministry of Education, Culture, Sports, Science and Technology.
Article 103-6, paragraph (6)(届出をした二次使用料規程に係る協議等)Consultation, etc. on Notified Secondary Use Fee RulesAdded
The provisions of paragraphs (2) and (3) of the preceding Article apply mutatis mutandis to the secondary use fee rules for which notification has been made under the provisions of the preceding paragraph.
前条第二項及び第三項の規定は、前項の規定による届出をした二次使用料規程について準用する。
Article 103-7第百三条の七Caption added
Application Mutatis Mutandis of Provisions on Secondary Use Fee Rules
Article 103-7, paragraph (1)(二次使用料規程に関する規定の準用)Application Mutatis Mutandis of Provisions on Secondary Use Fee RulesAdded
The provisions of Article 103-2 through the preceding Article apply mutatis mutandis to the association referred to in Article 95, paragraph (5) as applied mutatis mutandis pursuant to Article 95-3, paragraph (3), and to the association referred to in Article 97, paragraph (3) as applied mutatis mutandis pursuant to Article 97-2, paragraph (3) and Article 97-3, paragraph (3). In this case, in Article 103-2, paragraph (1), the phrase "Article 95-2, paragraph (1)" is deemed to be replaced with "Article 95-3, paragraph (1)" where applied mutatis mutandis to the association referred to in Article 95, paragraph (5) as applied mutatis mutandis pursuant to Article 95-3, paragraph (3), with "Article 97-2, paragraph (1)" where applied mutatis mutandis to the association referred to in Article 97, paragraph (3) as applied mutatis mutandis pursuant to Article 97-2, paragraph (3), and with "Article 97-3, paragraph (1)" where applied mutatis mutandis to the association referred to in Article 97, paragraph (3) as applied mutatis mutandis pursuant to Article 97-3, paragraph (3).
Article 103-8, paragraph (1)(二次使用料規程に関する事項の政令への委任)Delegation to Cabinet Order of Particulars on Secondary Use Fee RulesAdded
Beyond what is provided for in Article 103-2 through the preceding Article, the necessary particulars concerning the secondary use fee rules referred to in Article 103-2, paragraph (1) (including as applied mutatis mutandis pursuant to the preceding Article) are provided for by Cabinet Order.
The provisions of Article 77 and Article 78 (except paragraph (3)) apply mutatis mutandis to the registration of neighboring rights. In this case, in paragraphs (1), (2), (4), (8), and (9) of Article 78, the phrase "the copyright register" is deemed to be replaced with "the register of neighboring rights".