Copyright Act

Unless otherwise stipulated in the contract, if the owner of the right provided for in Article 92-2, paragraph (1) (limited to those for simultaneous broadcasting; hereinafter the same applies in this paragraph and Article 94-3, paragraph (1)) (hereinafter referred to as a "specified performer") authorizes a broadcaster to transmit the performance via simultaneous broadcasting (including simultaneous broadcasting undertaken by a simultaneous broadcasting service that has a close relationship with the broadcaster by receiving a broadcast program supplied by the broadcaster), in addition to it being permissible to undertake the simultaneous broadcasting, it is also permissible to undertake the following simultaneous broadcasting with regard to the authorized performance (excluding performances for which a copyright management service manages the right prescribed in Article 92-2, paragraph (1), or performances for which information necessary for smooth authorization, including the name of the specified performer and the contact information for accepting applications for authorization of simultaneous broadcasting, as specified by the Commissioner of the Agency for Cultural Affairs, has been disclosed by a method specified by the Commissioner of the Agency for Cultural Affairs):

a simultaneous broadcasting using the sound and visual recordings of the performance that the authorized broadcaster undertakes pursuant to the provisions of Article 93, paragraph (1);

a simultaneous broadcasting undertaken by a simultaneous broadcasting service that has a close relationship with the authorized broadcaster by receiving an authorized broadcast program supplied by the authorized broadcaster.

If a performance is transmitted via simultaneous broadcasting set forth in one of the items of the preceding paragraph, the broadcaster or simultaneous broadcasting service must pay remuneration in an amount equivalent to the ordinary rate of royalties to the specified performer of the performance.

If a copyright management service is in existence, whose consent has been obtained and which the Commissioner of the Agency for Cultural Affairs has designated as the only such service in the country, it is permissible for the right to receive the remuneration referred to in the preceding paragraph to be exercised exclusively through the designated copyright management service thus designated (hereinafter in this Article referred to as the "designated remuneration management service").

The Commissioner of the Agency for Cultural Affairs may not make the designation under the provisions of the preceding paragraph unless the copyright management service satisfies the following requirements:

it is not-for-profit;

its members are able to freely join and leave;

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

it has sufficient capacity to personally and properly perform functions involved in exercising the right to receive the remuneration referred to in paragraph (2) on behalf of the persons that own those rights (hereinafter in the following paragraph and paragraph (7) referred to as "right holders").

A designated remuneration management service has the authority to act in and out of court on behalf of the right holder, in its own name, in connection with that right.

The Commissioner of the Agency for Cultural Affairs, as provided by Cabinet Order, may ask a designated remuneration management service to report on functions related to the remuneration referred to in paragraph (2) or submit account books, documents, and other data, and may make the necessary recommendations for improving the way in which the service's business is executed.

The amount of remuneration that a designated remuneration management service may demand on behalf of a right holder pursuant to the provisions of paragraph (3) is to be fixed each year by mutual agreement between the designated remuneration management service and the broadcaster or simultaneous broadcasting service or the association thereof.

If the agreement referred to in the preceding paragraph is not reached, the relevant parties, as provided by Cabinet Order, may request the Commissioner of the Agency for Cultural Affairs to issue a compulsory license fixing the amount of remuneration.

The provisions of Article 67, paragraph (7) (limited to the part concerned with item (i)) and paragraph (8); Article 68, paragraph (3); Article 70; Article 71 (limited to the part concerned with item (ii)); Article 72, paragraph (1); the main clause of Article 73; and Article 74, paragraph (1) (limited to the parts concerned with items (iv) and (v); the same applies in paragraph (11)) and paragraph (2) apply mutatis mutandis to the remuneration referred to in paragraph (2) and the compulsory license referred to in the preceding paragraph. In this case, the phrase "the applicant" in Article 67, paragraph (7) and the phrase "the copyright owner" in Article 68, paragraph (3) are deemed to be replaced with "the relevant parties"; the phrase "the matters 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" in Article 67, paragraph (7), item (i) and the phrase "that fact and the following matters" in paragraph (8) of that Article are deemed to be replaced with "that fact"; and in Article 74, paragraph (2), the phrase "the copyright owner" is deemed to be replaced with "the designated remuneration management service referred to in Article 93-3, paragraph (3)".

In an action referred to in Article 72, paragraph (1) as applied mutatis mutandis pursuant to the preceding paragraph, the designated remuneration management service must be the defendant if the person bringing the action is the broadcaster or simultaneous broadcasting service or the association thereof, and the broadcaster or simultaneous broadcasting service or the association thereof must be the defendant if the person bringing the action is the designated remuneration management service.

A deposit of remuneration under the provisions of Article 74, paragraphs (1) and (2) as applied mutatis mutandis pursuant to paragraph (9) is to be made at the deposit office nearest to the location of the designated remuneration management service. In this case, a person that makes a deposit must notify the designated remuneration management service of that deposit.

The provisions of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade (Act No. 54 of 1947) do not apply to the mutual agreement referred to in paragraph (7) nor to actions taken under it; provided, however, that this does not apply if unfair trade practices are used or if it would unreasonably harm the interests of the enterprises concerned.

Beyond what is provided for in paragraph (2) through the preceding paragraph, necessary particulars involving the payment of the remuneration referred to in paragraph (2) and concerning the designated remuneration management service are provided for by Cabinet Order.

If a performance is broadcast in a broadcast set forth in Article 93-2, paragraph (1) item (i) pursuant to the provisions of that paragraph, and a broadcaster that broadcasts the performance or a simultaneous broadcasting service that has a close relationship with the broadcaster is unable to contact a specified performer of the performance even after taking all of the following measures, the broadcaster or simultaneous broadcasting service may, unless otherwise stipulated in the contract, transmit the performance via simultaneous broadcasting by, in cases of the broadcaster, using the sound or visual recording used in the broadcast, or in cases of the simultaneous broadcasting service, receiving the broadcast program of the broadcast supplied by the broadcaster, if the broadcaster or simultaneous broadcasting service obtains confirmation regarding the reasons for such inability from a copyright management service whose consent has been obtained and which the Commissioner of the Agency for Cultural Affairs has designated as the only such service in the country (hereinafter in this Article referred to as the "designated compensation management service"), and pays the designated compensation management service compensation in an amount equivalent to the ordinary rate of royalties that is due to be paid to the specified performer:

contacting the specified performer at the point of contact if the contact information is available;

making inquiries with a copyright management service that engages in management of performances;

confirming whether the information has been disclosed as provided for in paragraph (1) of the preceding Article;

disclosing information specified by the Commissioner of the Agency for Cultural Affairs, including the title of the broadcast program scheduled to be transmitted via simultaneous broadcasting and the name of the specified performer, by a method specified by the Commissioner of the Agency for Cultural Affairs.

A broadcaster or simultaneous broadcasting service that intends to obtain confirmation referred to in the preceding paragraph must submit to the designated compensation management service materials to support a prima facie showing of their inability to contact the specified performer of the performance to be transmitted via simultaneous broadcasting even after taking all of the measures set forth in one of the items of that paragraph.

The designated compensation management service that has received compensation pursuant to the provisions of paragraph (1) must pay the compensation to the specified performer of the performance transmitted via simultaneous broadcasting pursuant to the provisions of that paragraph if so requested by the specified performer.

The provisions of paragraph (4) of the preceding Article apply mutatis mutandis to the designation under the provisions of paragraph (1), and the provisions of paragraphs (5) through (13) of that Article apply mutatis mutandis to the compensation and designated compensation management service referred to in paragraph (1). In this case: in paragraph (4), item (iv) of that Article, the phrase "involved in exercising the right to receive the remuneration referred to in paragraph (2) on behalf of the persons that own those rights (hereinafter in the following paragraph and paragraph (7) referred to as "right holders")" is deemed to be replaced with "relevant to the confirmation referred to in paragraph (1) of the following Article and the compensation referred to in that paragraph"; in paragraph (5) of that Article, the term "right holder" is deemed to be replaced with "specified performer"; in paragraph (6) of that Article, the phrase "remuneration referred to in paragraph (2)" is deemed to be replaced with "confirmation referred to in paragraph (1) of the following Article and the compensation referred to in that paragraph"; in paragraph (7) of that Article, the phrase "remuneration that a designated remuneration management service may demand on behalf of a right holder pursuant to the provisions of paragraph (3)" is deemed to be replaced with "compensation that a designated remuneration management service receives pursuant to the provisions of paragraph (1) of the following Article."

Having transmitted a performance referred to in that paragraph via simultaneous broadcasting using a commercial phonogram, a broadcaster, cablecaster or simultaneous broadcasting service must pay compensation in an amount equivalent to the ordinary rate of royalties to the specified performer of the performance.

If a copyright management service is in existence, whose consent has been obtained and which the Commissioner of the Agency for Cultural Affairs has designated as the only such service in the country, it is permissible for the right to receive the compensation referred to in the preceding paragraph to be exercised exclusively through the copyright management service.

The provisions of Article 93-3, paragraph (4) apply mutatis mutandis to the designation under the provisions of the preceding paragraph, and the provisions of paragraphs (5) through (13) of that Article apply mutatis mutandis to the compensation referred to in paragraph (2) and the designated copyright management service pursuant to the provisions of the preceding paragraph. In this case, in paragraph (4), item (iv) of that Article, the phrase "remuneration referred to in paragraph (2)" is deemed to be replaced with "compensation referred to in Article 94-3, paragraph (2)," and in paragraphs (7) and (10) of that Article, the term "broadcaster" is deemed to be replaced with "broadcaster, cablecaster."