Copyright Act

The producer of a phonogram has the exclusive right to make the phonogram available to the public by renting out commercial phonograms in which the phonogram has been reproduced.

The provisions of the preceding paragraph do not apply if the phonogram is made available to the public through the rental of post-term commercial phonograms.

When a rental phonogram dealer makes a phonogram available to the public by renting out post-term commercial phonograms, it must pay a reasonable amount of remuneration to the producer whose phonogram it is (but only during the lifetime of the neighboring rights).

The provisions of Article 97, paragraph (3) apply mutatis mutandis to the exercise of the right to receive the remuneration referred to in the preceding paragraph.

The right to receive royalties in connection with the authorization of the owner of the right provided for in paragraph (1) of this Article may be exercised through an association referred to in Article 97, paragraph (3) as applied mutatis mutandis pursuant to paragraph (4) of this Article.

The provisions of paragraph (5) of this Article apply mutatis mutandis to the preceding paragraph. In this case, in paragraph (5), the phrase "Article 95, paragraph (6)" is deemed to be replaced with "Article 95, paragraph (7)".

A broadcaster has the exclusive right to record sound and visuals from, and to reproduce through photography or by any other similar means, the sounds or images in its broadcast, based on the receipt of its broadcast transmission or based on the receipt of a cablecast transmission that has been made based on the receipt of its broadcast transmission.

A broadcaster has the exclusive right to rebroadcast or cablecast its broadcast based on the receipt of its broadcast transmission.

The provisions of the preceding paragraph do not apply to a cablecast that a person that cablecasts based on the receipt of broadcast transmissions is required to make pursuant to the provisions of laws and regulations.

A broadcaster has the exclusive right to make its broadcast available for transmission based on the receipt of its broadcast transmission or based on the receipt of a cablecast transmission that has been made based on the receipt of its broadcast transmission.

The provisions of the preceding paragraph do not apply to a work's being made transmissible in connection with an automatic public transmission that a person making automatic public transmissions based on the receipt of broadcast transmissions is required to make pursuant to the provisions of laws and regulations.

A broadcaster has the exclusive right to use a special instrument that enlarges images to communicate its television broadcast to the public based on the receipt of its broadcast transmission or based on the receipt of a cablecast transmission that has been made based on the receipt of its broadcast transmission.

A cablecaster has the exclusive right to record sound and visuals from, and to reproduce through photography or by any other similar means, the sounds or images in its cablecast, based on the receipt of its cablecast transmission.

A cablecaster has the exclusive right to broadcast and to re-cablecast its cablecast based on the receipt of its cablecast transmission.

A cablecaster has the exclusive right to make its cablecast available for transmission based on the receipt of its cablecast transmission.

A cablecaster has the exclusive right to use a special instrument that enlarges images to communicate its cable television broadcast to the public based on the receipt of its cable television broadcast transmission.

The duration of neighboring rights begins at the following times:

for a performance, the time that the performance takes place;

for a phonogram, the time that the first fixation of sounds is made;

for a broadcast, the time that the broadcast takes place;

for a cablecast, the time that the cablecast takes place.

The duration of neighboring rights expires at the following times:

for a performance, once 70 years have passed, counting from the year after that in which the performance takes place;

for a phonogram, once 70 years have passed, counting from the year after that in which the phonogram is published (or once 70 years have passed counting from the year after that in which the sounds are first fixed in a phonogram, if the work is not published within 70 years counting from the year after that in which the sounds are first fixed in a phonogram);

for a broadcast, once 50 years have passed, counting from the year after that in which the broadcast takes place;

for a cablecast, once 50 years have passed, counting from the year after that in which the cablecast takes place.

A performer's moral rights are exclusive to that performer, and are inalienable.

Even after the death of the performer, it is prohibited for person that makes available or presents that performer's performance to the public to engage in conduct that would be prejudicial to the moral rights of the performer if the performer were alive; provided, however, that this does not apply if that conduct is found not to contravene the will of the performer in light of the nature and extent of the conduct as well as changes in social circumstances and other conditions.

The provisions of Article 30, paragraph (1) (except item (iv); the same applies in paragraph (8), item (i)); Articles 30-2 through 33-2, Articles 35, and 36; Article 37, paragraph (3); Article 37-2 (except item (i); the same applies in the following paragraph); Article 38, paragraphs (2) and (4); Articles 41 through 43; Article 44 (except paragraph (2)); Articles 46 through 47-2; and Articles 47-4 to 47-5 apply mutatis mutandis to the exploitation of a performance, phonogram, broadcast, or cablecast that is the subject of neighboring rights, the provisions of Article 30, paragraph (3) and Article 47-7 apply mutatis mutandis to the exploitation of a performance or phonogram that is the subject of neighboring rights, and the provisions of Article 44, paragraph (2) apply mutatis mutandis to the exploitation of a performance, phonogram, or cablecast that is the subject of neighboring rights, respectively. In this case: in Article 30, paragraph (1), item (iii), the phrase "an automatic public transmission that infringes on a copyright (including an automatic public transmission that is transmitted abroad and...)" is deemed to be replaced with "an automatic public transmission involving making a work available for transmission that infringes on a copyright (including making a work available for transmission that is undertaken abroad and...)"; in Article 33, paragraph (3), the phrase "inform the author of this" is deemed to be replaced with "in the case of exploiting a performance, inform the performer of this"; in Article 44, paragraph (1), the phrase "Article 23, paragraph (1)" is deemed to be replaced with "Article 92, paragraph (1); Article 92-2, paragraph (1), Article 96-2, Article 99, paragraph (1); or Article 100-3", in Article 44, paragraph (2), the phrase "Article 23, paragraph (1)" is deemed to be replaced with "Article 92, paragraph (1), Article 96-2 or Article 100-3", and in Article 44, paragraph (3), the phrase "Article 23, paragraph (1)" is deemed to be replaced with "Article 92-2, paragraph (1) or Article 96-2."

If a performance or phonogram or sounds or images from a broadcast or cablecast (hereinafter referred to as a "performance, etc.") are reproduced pursuant to the provisions of Article 32; Article 33, paragraph (1) or (2) (including when these apply mutatis mutandis pursuant to paragraph (5) of that Article); Article 33-2, paragraph (1) or (2); Article 37, paragraph (3); Article 37-2; Article 41-2, paragraph (1); Article 42; Article 42-2, paragraph (1); or Article 47, as applied mutatis mutandis pursuant to the preceding paragraph, or are reproduced pursuant to the provisions of the following paragraph, and it is common practice to indicate the source, the source must be clearly indicated in the manner and to the extent considered reasonable for the circumstances of the reproduction.

If a person set forth by Cabinet Order that is as referred to in Article 37, paragraph (3) and that engages in an undertaking related to the welfare of persons with a visual or vision-related impairment is permitted to reproduce a visual work pursuant to the provisions of that paragraph, that person may also reproduce any performance whose sound has been recorded in a sound recording made based on the application of the provisions of that paragraph, may reproduce any phonogram associated with such sound recording, may make the performance or phonogram available for transmission, and may present the performance or phonogram to the public through the transfer of copies thereof, for the purpose referred to in that paragraph.

A broadcast performance that is the subject of neighboring rights may be transmitted via area-limited specified input-type automatic public transmission; provided, however, that this does not apply if doing so would prejudice the rights of the person that owns the rights provided for in Article 99-2, paragraph (1) with respect to that broadcast.

Unless the provisions of Article 38, paragraph (2) as applied mutatis mutandis pursuant to paragraph (1) of this Article are applicable, a person that makes a performance available for transmission pursuant to the provisions of the preceding paragraph must pay a reasonable amount of compensation to the owner of the right set forth in Article 92-2, paragraph (1) with respect to that performance.

The provisions of the preceding two paragraphs apply mutatis mutandis to the exploitation of a phonogram that is the subject of neighboring rights. In this case, in the preceding paragraph, the phrase "Article 92-2, paragraph (1)" is deemed to be replaced with "Article 96-2".

If it is permissible for a person to broadcast or cablecast a work pursuant to the provisions of Article 39, paragraph (1) or Article 40, paragraph (1) or (2), it is also permissible for the person to cablecast the work or use a special instrument that enlarges images to communicate the work to the public based on the receipt of that broadcast or cablecast transmission, and to transmit such a broadcast transmission via area-limited specified input-type automatic public transmission.

The persons set forth in the following are deemed to have made a sound recording, visual recording or reproduction of a performance, etc. pursuant to Article 91, paragraph (1), Article 96, Article 98 or Article 100-2:

a person that distributes a copy of a performance, etc. which has been made based on the application of the provisions of Article 30, paragraph (1); Article 30-3; Article 31, paragraph (1), item (i), paragraph (2), item (i), paragraph (4), paragraph (7), item (i) or paragraph (9), item (i); Article 33, paragraph (2) (including when it applies mutatis mutandis pursuant to paragraph (5) of that Article); Article 33-2, paragraph (1), (2) or (5); Article 35, paragraph (1); Article 37, paragraph (3); Article 37-2, item (ii); Article 41; Article 41-2, paragraph (1); Article 42; Article 42-2, paragraph (1); Article 42-3; Article 42-4; Article 43, paragraph (2); Article 44, paragraphs (1) through (3); Article 47, paragraph (1) or (3); Article 47-2; or Article 47-5, paragraph (1) as applied mutatis mutandis pursuant to paragraph (1) of this Article, or that presents a performance, sounds from a phonogram, or sounds or images from a broadcast or cablecast to the public by means of such a copy, for a purpose other than what is provided for in those provisions;

a person that uses a copy of a performance, etc. that has been created based on the application of the provisions of Article 30-4 as applied mutatis mutandis pursuant to paragraph (1) of this Article to exploit that performance, etc. with the purpose of personally enjoying or causing another person to enjoy it, irrespective of the manner in which the person exploits it;

a broadcaster, cablecaster or simultaneous broadcasting service that preserves a sound or visual recording provided for in Article 44, paragraph (4) as applied mutatis mutandis pursuant to paragraph (1) of this Article, in violation of the provisions of that paragraph;

a person that uses a copy of a performance, etc. that has been created based on the application of the provisions of Article 47-4; or Article 47-5, paragraph (2) as applied mutatis mutandis pursuant to paragraph (1), to exploit that performance, etc. for a purpose other than what is provided for in those provisions, irrespective of the manner in which the person exploits it;

a person that distributes a copy of a performance or phonogram that has been created based on the application of the provisions of paragraph (3), or that uses such a copy to present sounds from the performance or phonogram to the public, for a purpose other than what is provided for in Article 37, paragraph (3).