Chapter VI Designated Compensation Management Organizations and Registration Verification Organizations Relating to Exploitation under a Compulsory License (Articles 104-25 to 104-34)
The law as Act Partially Amending the Copyright Act (Act No. 48 of 2026) leaves it, with the words it changes marked.
The main text is read a page at a time: a chapter to a page, and a long chapter in runs of articles. The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
Article 104-25第百四条の二十五
Accounting for Compensation Management Functions(補償金管理業務の会計)
Article 104-25, paragraph (1)
A designated compensation management organization must keep the accounts relating to compensation management functions separate from the accounts relating to its other functions and account for them as a special account.
Approval of Business Plan and Revenue and Expenditure Budget, etc.(事業計画及び収支予算の認可等)
Article 104-26, paragraph (1)
A designated compensation management organization must, as specified by Order of the Ministry of Education, Culture, Sports, Science and Technology, prepare a business plan and a revenue and expenditure budget for each business year and obtain the approval of the Commissioner of the Agency for Cultural Affairs. The same applies if the designated compensation management organization seeks to change them.
When a designated compensation management organization has obtained the approval under the preceding paragraph, it must publish without delay the business plan and the revenue and expenditure budget.
A designated compensation management organization must, for each business year, as specified by Order of the Ministry of Education, Culture, Sports, Science and Technology, prepare a business report and a revenue and expenditure statement of accounts, and within three months after the end of that business year, submit them to the Commissioner of the Agency for Cultural Affairs and also make them public.
A designated compensation management organization must, as specified by Order of the Ministry of Education, Culture, Sports, Science and Technology, keep account books concerning compensation management functions, enter in them the matters specified by Order of the Ministry of Education, Culture, Sports, Science and Technology, and preserve them.
Collection of Report and On-site Inspections(報告徴収及び立入検査)
Article 104-28, paragraph (1)
To the extent necessary to ensure the proper and reliable implementation of compensation management functions, the Commissioner of the Agency for Cultural Affairs may require a designated compensation management organization to make a necessary report or submit necessary data concerning compensation management functions, or may have the Commissioner's officials enter the offices or other necessary places of the designated compensation management organization, question persons concerning compensation management functions, or inspect account books, documents and other articles.
An official who conducts an on-site inspection under the preceding paragraph must carry an identification card and present it when requested to do so by a related person.
The authority to conduct on-site inspections under paragraph (1) must not be construed as being vested for criminal investigation.
第一項の規定による立入検査の権限は、犯罪捜査のために認められたものと解釈してはならない。
Article 104-29第百四条の二十九
Supervision Order(監督命令)
Article 104-29, paragraph (1)
If the Commissioner of the Agency for Cultural Affairs finds it necessary in order to ensure the proper and reliable implementation of compensation management functions, the Commissioner may issue to a designated compensation management organization any order required for supervision concerning compensation management functions.
Discontinuation of Compensation Management Functions(補償金管理業務の廃止)
Article 104-30, paragraph (1)
A designated compensation management organization must not discontinue compensation management functions without the permission of the Commissioner of the Agency for Cultural Affairs.
指定補償金管理機関は、文化庁長官の許可を受けなければ、補償金管理業務を廃止してはならない。
Article 104-30, paragraph (2)
When the Commissioner of the Agency for Cultural Affairs has given the permission under the preceding paragraph, the Commissioner is to give public notice to that effect in the Official Gazette.
文化庁長官は、前項の許可をしたときは、その旨を官報で告示するものとする。
Article 104-30, paragraph (3)
A designation ceases to be effective on or after the day following the date of the public notice under the preceding paragraph.
指定は、前項の規定による告示があつた日の翌日以後は、その効力を失う。
Article 104-31第百四条の三十一
Revocation of a Designation(指定の取消し等)
Article 104-31, paragraph (1)
The Commissioner of the Agency for Cultural Affairs is to rescind the designation of a designated compensation management organization if it falls under any of the following items:
it has obtained the designation by deceit or other wrongful means;
偽りその他不正の手段により指定を受けたとき。
Article 104-31, paragraph (1), item (ii)
it has come to fall under either Article 104-19, paragraph (3), item (i) or item (iii).
第百四条の十九第三項第一号又は第三号のいずれかに該当するに至つたとき。
Article 104-31, paragraph (2)
The Commissioner of the Agency for Cultural Affairs may rescind the designation of a designated compensation management organization if it falls under any of the following items:
it is found to be unable to carry out compensation management functions properly and reliably;
補償金管理業務を適正かつ確実に実施することができないと認められるとき。
Article 104-31, paragraph (2), item (ii)
it has violated Article 104-19, paragraph (5), Article 104-22, paragraph (1) or (2), Articles 104-25 through 104-27, or paragraph (1) of the preceding Article;
it has carried out compensation management functions otherwise than in accordance with the compensation management function rules approved under Article 104-23, paragraph (1);
第百四条の二十三第一項の認可を受けた補償金管理業務規程によらないで補償金管理業務を行つたとき。
Article 104-31, paragraph (2), item (iv)
it has violated an order under Article 104-23, paragraph (5), Article 104-24, paragraph (2) or Article 104-29;
第百四条の二十三第五項、第百四条の二十四第二項又は第百四条の二十九の規定による命令に違反したとき。
Article 104-31, paragraph (2), item (v)
it has failed to make the report or submit the data under Article 104-28, paragraph (1), or has made a false report or submitted false data, or has failed to answer or has given a false answer to a question under that paragraph, or has refused, obstructed or evaded an inspection under that paragraph.
When the Commissioner of the Agency for Cultural Affairs has rescinded a designation pursuant to the preceding two paragraphs, the Commissioner is to give public notice to that effect in the Official Gazette.
文化庁長官は、前二項の規定により指定を取り消したときは、その旨を官報で告示するものとする。
Article 104-31, paragraph (4)
A designation ceases to be effective on or after the day following the date of the public notice of rescission under the preceding paragraph.
指定は、前項の規定による取消しの告示があつた日の翌日以後は、その効力を失う。
Article 104-32第百四条の三十二
Transitional Measures in Cases of Permission to Discontinue or Rescission of Designation(廃止の許可又は指定の取消しの場合における経過措置)
Article 104-32, paragraph (1)
If the Commissioner of the Agency for Cultural Affairs, having given the permission referred to in Article 104-30, paragraph (1) or having rescinded a designation pursuant to paragraph (1) or (2) of the preceding Article, subsequently designates a new designated compensation management organization, the designated compensation management organization to which that permission or rescission relates must hand over its compensation management functions to the designated compensation management organization that has newly received designation.
Beyond what is provided for in the preceding paragraph, necessary transitional measures concerning compensation management functions (including transitional measures concerning penal provisions) in a case where permission has been given under Article 104-30, paragraph (1) or a designation has been rescinded pursuant to paragraph (1) or (2) of the preceding Article are provided by Cabinet Order, within the scope judged to be reasonably necessary.
Implementation of Verification and Other Affairs by Registered Verification Bodies(登録確認機関による確認等事務の実施等)
Article 104-33, paragraph (1)
The Commissioner of the Agency for Cultural Affairs may have a person that has received registration from the Commissioner (hereinafter in this Section referred to as a "registered verification body") carry out the following, out of the affairs pertaining to the compulsory license under the provisions of Article 67-3, paragraph (1) (including as applied mutatis mutandis pursuant to Article 103; the same applies hereinafter in this Section) and to the determination of the amount of compensation (hereinafter in this Section, Article 121-3 and Article 122-2, item (iii) referred to as "verification and other affairs"):
affairs pertaining to the acceptance of applications for that compulsory license (referred to as "acceptance of applications" in Article 104-35, paragraph (2));
当該裁定の申請の受付(第百四条の三十五第二項において「申請受付」という。)に関する事務
Article 104-33, paragraph (1), item (ii)
affairs pertaining to verification of whether the work subject to the application for that compulsory license falls under an unmanaged work made public, etc. and whether the person who filed the application for that compulsory license falls under Article 67-3, paragraph (1), item (i) (hereinafter in this Article and Article 104-35, paragraph (2) referred to as "verification of requirements");
affairs pertaining to the calculation of the amount equivalent to the ordinary rate of royalties under Article 67-3, paragraph (1) (hereinafter in this Section referred to as "calculation of the royalty-equivalent amount").
When the Commissioner of the Agency for Cultural Affairs has a registered verification body carry out verification and other affairs pursuant to the preceding paragraph, the Commissioner is not to carry out verification and other affairs. In this case, the Commissioner must grant the compulsory license and determine the amount of compensation under Article 67-3, paragraph (1) taking into consideration the results of verification of requirements and calculation of the royalty-equivalent amount stated by the registered verification body in the document it sends pursuant to the following paragraph.
When a registered verification body has accepted an application for the compulsory license under Article 67-3, paragraph (1), it is to carry out verification of requirements and calculation of the royalty-equivalent amount, and, as specified by Order of the Ministry of Education, Culture, Sports, Science and Technology, attach to the written application for that compulsory license and its attached materials a document stating the results of that verification of requirements and calculation of the royalty-equivalent amount, and send them to the Commissioner of the Agency for Cultural Affairs.
The provisions of Article 71 (limited, in item (ii), to the part pertaining to Article 67-3, paragraph (1); including as applied mutatis mutandis pursuant to Article 103) do not apply to a case where the Commissioner of the Agency for Cultural Affairs determines the amount of compensation pursuant to the provisions of the second sentence of paragraph (2).
Procedures and Requirements for Registration, etc.(登録の手続及び要件等)
Article 104-34, paragraph (1)
The registration referred to in paragraph (1) of the preceding Article (hereinafter in this Section referred to as "registration") is made upon the application of a person that intends to carry out verification and other affairs.
A person that seeks to receive registration must, as specified by Order of the Ministry of Education, Culture, Sports, Science and Technology, submit a written application stating the following particulars to the Commissioner of the Agency for Cultural Affairs:
the name and address of the person that seeks to receive registration (for a corporation, its name, the name of its representative and the location of its principal office);
other particulars specified by Order of the Ministry of Education, Culture, Sports, Science and Technology.
その他文部科学省令で定める事項
Article 104-34, paragraph (3)
The Commissioner of the Agency for Cultural Affairs is to grant registration if the Commissioner finds that the application for registration conforms to all of the following items:
文化庁長官は、登録の申請が次の各号のいずれにも適合していると認めるときは、登録をするものとする。
Article 104-34, paragraph (3), item (i)
the persons engaged in verification and other affairs include one or more persons who have experience in the management of copyright and neighboring rights as specified by Order of the Ministry of Education, Culture, Sports, Science and Technology;
the persons engaged in verification and other affairs include one or more persons who have the knowledge and experience necessary for calculation of the royalty-equivalent amount, as specified by Order of the Ministry of Education, Culture, Sports, Science and Technology;
A person that falls under any of the following items cannot receive registration:
次の各号のいずれかに該当する者は、登録を受けることができない。
Article 104-34, paragraph (4), item (i)
a person who has been sentenced to imprisonment or a heavier punishment, or sentenced to a fine under the provisions of this Act, and for whom two years have not elapsed since the day on which the person finished serving the sentence or ceased to be subject to its execution;
a person whose registration was rescinded pursuant to the provisions of Article 104-45, paragraph (1) or (2) and for whom two years have not elapsed since the date of the rescission (where the person whose registration was rescinded is a corporation, this includes a person who was an officer of that corporation within sixty days before the date of the notice under Article 15 of the Administrative Procedure Act pertaining to the disposition of rescission and for whom two years have not elapsed since the date of the rescission);
a corporation, any of whose officers fall under any of the preceding two items.
法人であつて、その役員のうちに前二号のいずれかに該当する者があるもの
Article 104-34, paragraph (5)
Registration is to be made by entering the matters set forth in paragraph (2), item (i) and other matters specified by Order of the Ministry of Education, Culture, Sports, Science and Technology in the register of registered verification bodies.
When the Commissioner of the Agency for Cultural Affairs has granted registration, the Commissioner is to give public notice of the matters prescribed in the preceding paragraph (excluding those specified by Order of the Ministry of Education, Culture, Sports, Science and Technology) in the Official Gazette.
When a registered verification body is to change any of the matters set forth in the items of paragraph (2), it must notify the Commissioner of the Agency for Cultural Affairs to that effect by two weeks before the change.
When the Commissioner of the Agency for Cultural Affairs has received a notification under the preceding paragraph with regard to the matters prescribed in paragraph (6), the Commissioner is to give public notice to that effect in the Official Gazette.