Article 104-10-4Amount of Compensation for Public Transmission by Libraries or Similar Facilities
第百四条の十の四（図書館等公衆送信補償金の額）
Before exercising the right to receive compensation for public transmission by libraries or similar facilities pursuant to the provisions of Article 104-10-2, paragraph (2), a designated association must fix the amount of compensation for public transmission by libraries or similar facilities and obtain the approval of the Commissioner of the Agency for Cultural Affairs. The same applies to cases where a change in the amount is made to the amount.
第百四条の十の二第二項の規定により指定管理団体が図書館等公衆送信補償金を受ける権利を行使する場合には、指定管理団体は、図書館等公衆送信補償金の額を定め、文化庁長官の認可を受けなければならない。これを変更しようとするときも、同様とする。
Notwithstanding the provisions of Article 31, paragraph (5), if the approval referred to in the preceding paragraph has been given, the amount of compensation for public transmission by libraries or similar facilities is the amount for which that approval has been received.
前項の認可があつたときは、図書館等公衆送信補償金の額は、第三十一条第五項の規定にかかわらず、その認可を受けた額とする。
Before applying for the approval referred to in paragraph (1), a designated association must hear the opinions of associations of persons that establish libraries or similar facilities and are recognized as representing the opinions of persons that establish libraries or similar facilities.
The Commissioner of the Agency for Cultural Affairs must not approve the amount of compensation for public transmission by libraries or similar facilities to which an application for permission under paragraph (1) pertains, unless it is found to be an appropriate amount in consideration of the purport of the provisions of Article 31, paragraph (2), the influence on the interests of the copyright owner, etc. in light of the nature and purpose of the works associated with public transmission by libraries or similar facilities as well as the circumstances of public transmission by libraries or similar facilities, the benefit enjoyed by users of specified libraries or similar facilities when they are able to easily acquire electronic or magnetic records via public transmission by libraries or similar facilities, and any other circumstances.
Before granting the approval referred to in paragraph (1), the Commissioner of the Agency for Cultural Affairs must consult the Culture Council.
文化庁長官は、第一項の認可をするときは、文化審議会に諮問しなければならない。
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