Copyright Act

The provisions of Articles 95-2, 95-3, 97-2 and 97-3 of the Copyright Act as amended under this Act (hereinafter referred to as "the new Act") do not apply to a performance or phonogram to which paragraph (3) of the Supplementary Provisions of the Act Partially Amending the Copyright Act (Act No. 64 of 1986) or paragraph (2) of the Supplementary Provisions of the Act Partially Amending the Copyright Act (Act No. 43 of 1989) applies, or to a performance by a performer to whom the main clause of paragraph (4) of the Supplementary Provisions of that Act applies.

With regard to the application of Article 95-2, paragraph (1) and Article 95-3, paragraph (1) of the new Act to a performer of a performance that is fixed in a phonogram where the producer of the phonogram is a national (including corporations established based on the laws and regulations of that contracting state and corporations that have principal offices in that contracting state; the same applies in the following paragraph) of a country that is a contracting state of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (hereinafter referred to in this Article as "the Convention for the Protection of Performers, etc.") and also a contracting party to the WIPO Performances and Phonograms Treaty (referred to as "the WPPT" in the following paragraph), and that was so fixed before the date on which the Convention for the Protection of Performers, etc. entered into force for Japan, notwithstanding the provisions of Article 95, paragraph (2) of the new Act as applied mutatis mutandis pursuant to Article 95-2, paragraph (3) and Article 95-3, paragraph (3) of the new Act, the provisions of Article 95, paragraph (4) of the new Act govern.

With regard to the application of Article 97-2, paragraph (1) and Article 97-3, paragraph (1) of the new Act to the producer of a phonogram (meaning a phonogram whose producer is a national of a country that is a contracting state of the Convention for the Protection of Performers, etc. and also a contracting party to the WPPT, and in which sounds were first fixed before the date on which the Convention for the Protection of Performers, etc. entered into force for Japan), notwithstanding the provisions of Article 95, paragraph (2) of the new Act as applied mutatis mutandis pursuant to Article 97-2, paragraph (3) and Article 97-3, paragraph (3) of the new Act, the provisions of Article 95, paragraph (4) of the new Act govern.