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Article 95第九十五条
Secondary Use of Commercial Phonograms（商業用レコードの二次使用）
Article 95, paragraph (1)（商業用レコードの二次使用）(Secondary Use of Commercial Phonograms)Changed
If a broadcaster or a cablecaster (hereinafter in this Article and Article 97, paragraph (1) referred to as a "broadcaster or cablecaster") makes a broadcast or cablecast using a commercial phonogram onto which thea sound recording of a performance has been recordedmade with the authorization of the owner of the right provided for in Article 91, paragraph (1) (unless it receives a broadcast transmission and makes a cablecast simultaneously, for non-commercial purposes and without charging a fee to the listening or viewing audience), it must pay a secondary use fee to the performer of the performance (but only for a performance referred to in Article 7, items (i) through (vi) and during the lifetime of the neighboring rights; the same applies in the following paragraph to paragraph (4), paragraph (1) of the following Article, and Article 95-3, paragraph (1)).
The provisions of the preceding paragraph apply to a performer whose performance has been fixed in phonogram whose producer is a national of a country other than a Contracting State of the Convention for the Protection of Performers, etc. which has chosen not to apply the provisions of Article 12 of that Convention, pursuant to the provisions of Article 16, paragraph 1, item (a), (i) of the Convention.
If the term of the protection under the provisions of Article 12 of the Convention for the Protection of Performers, etc. which a Contracting State of the Convention grants for phonograms set forth in Article 8, item (i) is shorter than the term of protection that performers receive pursuant to the provisions of paragraph (1), the term of protection granted pursuant to the provisions of that paragraph to a performer whose performance has been fixed in a phonogram whose producer is a national of that Contracting State is the term of protection that the Contracting State grants under Article 12 of the Convention for the Protection of Performers, etc. for the phonograms set forth in Article 8, item (i).
The provisions of paragraph (1) apply to a performer whose performance has been fixed in a phonogram whose producer is the national of a Contracting State of the WPPT (but not a Contracting State of the Convention for the Protection of Performers, etc.) which has set a reservation pursuant to the provisions of Article 15, paragraph (3) of the WPPT, within the limits of that reservation.
If an association is in existence (including a federation of associations) that has as its members a considerable number of persons who perform professionally in Japan, whose consent has been obtained and which has been designated by the Commissioner of the Agency for Cultural Affairs, it is permissible for the right to secondary use fees under paragraph (1) to be exercised exclusively through that association.
The Commissioner of the Agency for Cultural Affairs may not make the designation referred to in the preceding paragraph unless the association satisfies the following conditions:
it has sufficient capacity to personally and properly perform functions involved in exercising the right to receive the secondary use fees referred to in paragraph (1) on behalf of the persons that own those rights (hereinafter in this Article referred to as "right holders").
Once an association as referred to in paragraph (5) has had a request under the preceding paragraph, the association 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 an association as referred to in paragraph (5) to report on functions related to the secondary use fees referred to in paragraph (1) or to submit account books, documents, and other data, and may make the necessary recommendations for improving the way the association's business is executed.
The amount of secondary use fees that an association as referred to in paragraph (5) may demand on behalf of a right holder pursuant to the provisions of that paragraph is to be fixed each year by mutual agreement between the association and the broadcaster or cablecaster or association of broadcasters, etc.
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 secondary use fees.
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)); and Articles 72 through 74 apply mutatis mutandis to the compulsory license and secondary use fees 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"; in Article 72, paragraph (2), the phrase "the person exploiting the work" is deemed to be replaced with "the broadcaster or cablecaster referred to in Article 95, paragraph (1)" and the phrase "the copyright owner" is deemed to be replaced with "the association referred to in paragraph (5) of that Article"; and in Article 74, the phrase "the copyright owner" is deemed to be replaced with "the association referred to in Article 95, paragraph (5)".
The provisions of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade do not apply to the mutual agreement referred to in paragraph (10) 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 paragraphs (5) through (13), necessary particulars involving the payment of the secondary use fees referred to in paragraph (1) and concerning the associations under paragraph (5) are provided for by Cabinet Order.
A person that publicly plays back a performance using a commercial phonogram containing a sound recording of the performance must pay a secondary use fee to the performer of the performance.
The provisions of the preceding paragraph do not apply in any of the following cases:
前項の規定は、次に掲げる場合には、適用しない。
Article 95-2, paragraph (2), item (i)Added
the performance is played back in public for non-commercial purposes and without charging a fee to the listening or viewing audience;
営利を目的とせず、かつ、聴衆又は観衆から料金を受けずに公に再生した場合
Article 95-2, paragraph (2), item (ii)Added
the performance is played back in public pursuant to the provisions of Articles 30-2 through 30-4; Article 32, paragraph (1); Article 33, paragraph (2) (including as applied mutatis mutandis pursuant to paragraph (5) of that Article); Article 33-2, paragraph (2); Article 41; Article 42-3; Article 42-4, paragraph (2); Article 46; Article 47-4; or Article 47-5, paragraph (1), as applied mutatis mutandis pursuant to Article 102, paragraph (1).
The provisions of paragraphs (2) and (4) of the preceding Article apply mutatis mutandis to a performer referred to in paragraph (1), the provisions of paragraph (3) of that Article apply mutatis mutandis to the term of protection under paragraph (1), and the provisions of paragraph (5) of that Article apply mutatis mutandis to the exercise of the right to receive the secondary use fees referred to in paragraph (1), respectively. In this case, the phrase "the preceding paragraph" in paragraph (2) of that Article and the phrase "paragraph (1)" in paragraph (4) of that Article are deemed to be replaced with "paragraph (1) of the following Article".
The provisions of Article 74 (excluding paragraph (1), item (iv) and paragraph (2)) and paragraphs (6) through (9) of the preceding Article apply mutatis mutandis to the secondary use fees referred to in paragraph (1) and to an association as referred to in paragraph (5) of that Article as applied mutatis mutandis pursuant to the preceding paragraph.
Beyond what is provided for in the preceding two paragraphs, necessary particulars involving the payment of the secondary use fees referred to in paragraph (1) and concerning the associations under paragraph (5) of the preceding Article as applied mutatis mutandis pursuant to paragraph (3) are provided for by Cabinet Order.
A person that, using a receiver, publicly communicates a performance that is the subject of public transmission, among the performances recorded as sound recordings on commercial phonograms, must pay a secondary use fee to the performer of the performance.
The provisions of the preceding paragraph do not apply in any of the following cases:
前項の規定は、次に掲げる場合には、適用しない。
Article 95-3, paragraph (2), item (i)Added
the performance is broadcast, cablecast, transmitted via specified input-type automatic public transmission, or transmitted via simultaneous broadcasting (limited to that undertaken by a broadcaster, cablecaster or simultaneous broadcasting service and excluding simultaneous broadcasting that commences after the broadcast or cablecast is finished; the same applies in the following item and in Article 97-3, paragraph (2), items (i) and (ii)), and is publicly communicated for non-commercial purposes and without charging a fee to the listening or viewing audience;
the performance is broadcast, cablecast, transmitted via specified input-type automatic public transmission, or transmitted via simultaneous broadcasting, and is publicly communicated through a receiver commonly used in a household;
The provisions of Article 95, paragraphs (2) and (4) apply mutatis mutandis to a performer referred to in paragraph (1), the provisions of paragraph (3) of that Article apply mutatis mutandis to the term of protection under paragraph (1), and the provisions of paragraph (5) of that Article apply mutatis mutandis to the exercise of the right to receive the secondary use fees referred to in paragraph (1), respectively. In this case, the phrase "the preceding paragraph" in paragraph (2) of that Article and the phrase "paragraph (1)" in paragraph (4) of that Article are deemed to be replaced with "Article 95-3, paragraph (1)".
The provisions of Article 74 (excluding paragraph (1), item (iv) and paragraph (2)) and Article 95, paragraphs (6) through (9) apply mutatis mutandis to the secondary use fees referred to in paragraph (1) and to an association as referred to in paragraph (5) of that Article as applied mutatis mutandis pursuant to the preceding paragraph.
Beyond what is provided for in the preceding two paragraphs, necessary particulars involving the payment of the secondary use fees referred to in paragraph (1) and concerning the associations under Article 95, paragraph (5) as applied mutatis mutandis pursuant to paragraph (3) are provided for by Cabinet Order.
A performer has the exclusive right to make that performer's performance available to the public through the transfer of a sound or visual recording of it.
実演家は、その実演をその録音物又は録画物の譲渡により公衆に提供する権利を専有する。
Article 95-4, paragraph (2)（譲渡権）
The provisions of the preceding paragraph do not apply to any of the following performances:
前項の規定は、次に掲げる実演については、適用しない。
Article 95-4, paragraph (2), item (i)（譲渡権）
a performance whose visuals have been recorded with the authorization of the owner of the right provided for in Article 91, paragraph (1);
第九十一条第一項に規定する権利を有する者の許諾を得て録画されている実演
Article 95-4, paragraph (2), item (ii)（譲渡権）
a performance as referred to in Article 91, paragraph (2) whose sound or visuals have been recorded other than as a sound recording set forth in that paragraph.
第九十一条第二項の実演で同項の録音物以外の物に録音され、又は録画されているもの
Article 95-4, paragraph (3)（譲渡権）
The provisions of paragraph (1) do not apply if a performance is made available to the public through the transfer of a sound or visual recording (except those referred to in items (i) and (ii) of the preceding paragraph; the same applies hereinafter in this Article) that falls under a category provided for in one of the following items:
a sound or visual recording of a performance that is transferred to the public by the owner of the right set forth in paragraph (1) or a person authorized thereby;
第一項に規定する権利を有する者又はその許諾を得た者により公衆に譲渡された実演の録音物又は録画物
Article 95-4, paragraph (3), item (ii)（譲渡権）
a sound or visual recording of a performance that is transferred to the public based on the compulsory license referred to in Article 67, paragraph (1) or Article 67-3, paragraph (1), as applied mutatis mutandis pursuant to Article 103;
a sound or visual recording of a performance that is transferred to the public based on the application of the provisions of Article 67-2, paragraph (1), as applied mutatis mutandis pursuant to Article 103;
a sound or visual recording of a performance that is transferred to exclusive groups made up of a few persons by the owner of the right set forth in paragraph (1) or a person authorized thereby;
a sound or visual recording of a performance that is transferred abroad without prejudice to any right equivalent to the right set forth in paragraph (1), or by the owner of any right equivalent to the right set forth in that paragraph or a person authorized thereby.