If a copyright owner, etc. claims compensation for damage incurred due to infringement, against a person that has, intentionally or due to negligence, infringed the owner's copyright, print rights, or neighboring rights (referred to as an "infringer" in this paragraph), and the infringer has transferred an object made by the act of infringement (referred to as an "object made by infringement" in item (i)) or has made a public transmission that constitutes the act of infringement (including, in the case of automatic public transmission, making available for transmission; referred to as an "infringing transmission to the public" in that item), the total of the amounts set out in the following items may be treated as the amount of damage incurred by the copyright owner, etc.:
the amount obtained by multiplying the portion of the number transferred, etc. (meaning the number of objects made by infringement transferred by the infringer and of copies of works or performances, etc. made by the public receiving infringing transmissions to the public made by the infringer (referred to as "received copies of an infringing transmission" in this item); the same applies in the following item) that does not exceed the number commensurate with sales capacity (meaning the number commensurate with the capacity of the copyright owner, etc. to perform the acts necessary for selling the object made by infringement or the received copy of an infringing transmission if the owner were to sell them; the same applies in that item) (or, if there are circumstances under which the copyright owner, etc. is unable to sell a number equivalent to all or part of that portion, the number remaining after deducting the number equivalent to those circumstances (referred to as the "specified quantity" in that item)) by the amount of profit per unit quantity of the goods that the copyright owner, etc. could have sold had it not been for the act of infringement;
譲渡等数量（侵害者が譲渡した侵害作成物及び侵害者が行つた侵害組成公衆送信を公衆が受信して作成した著作物又は実演等の複製物（以下この号において「侵害受信複製物」という。）の数量をいう。次号において同じ。）のうち販売等相応数量（当該著作権者等が当該侵害作成物又は当該侵害受信複製物を販売するとした場合にその販売のために必要な行為を行う能力に応じた数量をいう。同号において同じ。）を超えない部分（その全部又は一部に相当する数量を当該著作権者等が販売することができないとする事情があるときは、当該事情に相当する数量（同号において「特定数量」という。）を控除した数量）に、著作権者等がその侵害の行為がなければ販売することができた物の単位数量当たりの利益の額を乗じて得た額
if, within the number transferred, etc., there is a number exceeding the number commensurate with sales capacity or a specified quantity (excluding where it is found that the copyright owner, etc. could not have exercised the copyright, print right or neighboring right), an amount equivalent to the amount of money that the owner should have received in connection with the exercise of the copyright, print right or neighboring right in accordance with those numbers.
If a copyright owner, the owner of print rights, or the owner of neighboring rights claims compensation for damage incurred due to infringement, against a person that, intentionally or due to negligence, infringes the owner's copyright, print rights, or neighboring rights, and the infringer has made a profit from the act of infringement, the amount of that profit is presumed to be the amount of damage that the copyright owner, the owner of print rights, or the owner of neighboring rights has incurred.
著作権者、出版権者又は著作隣接権者が故意又は過失によりその著作権、出版権又は著作隣接権を侵害した者に対しその侵害により自己が受けた損害の賠償を請求する場合において、その者がその侵害の行為により利益を受けているときは、その利益の額は、当該著作権者、出版権者又は著作隣接権者が受けた損害の額と推定する。
The copyright owner, the owner of print rights, or owner of neighboring rights may fix the amount of damages incurred as being equivalent to the amount of money that the owner should have received in connection with the exercise of the copyright, print right or neighboring right, and may claim compensation therefor against a person that, intentionally or due to negligence, infringes the owner's copyright, print rights or neighboring rights.
著作権者、出版権者又は著作隣接権者は、故意又は過失によりその著作権、出版権又は著作隣接権を侵害した者に対し、その著作権、出版権又は著作隣接権の行使につき受けるべき金銭の額に相当する額を自己が受けた損害の額として、その賠償を請求することができる。
If the copyright owner or owner of neighboring rights claims compensation for damage pursuant to the provisions of the preceding paragraph against a person that has infringed the owner's copyright or neighboring rights and the copyright or neighboring rights are managed by a copyright management service under a management entrustment agreement provided for in Article 2, paragraph (1) of the Act on Copyright, etc. Management Service, the copyright owner or owner of neighboring rights may fix the amount provided for in the preceding paragraph using the amount of royalties for the work associated with the copyright or neighboring rights, calculated based on those of the provisions of the royalty rules established by the copyright management service that are provided for in Article 13, paragraph (1) of the Act which are applicable to the circumstances of the exploitation of the work associated with the act of infringement (if there are several methods for calculating that amount, this means the largest of the amounts calculated based on those methods).
著作権者又は著作隣接権者は、前項の規定によりその著作権又は著作隣接権を侵害した者に対し損害の賠償を請求する場合において、その著作権又は著作隣接権が著作権等管理事業法第二条第一項に規定する管理委託契約に基づき著作権等管理事業者が管理するものであるときは、当該著作権等管理事業者が定める同法第十三条第一項に規定する使用料規程のうちその侵害の行為に係る著作物等の利用の態様について適用されるべき規定により算出したその著作権又は著作隣接権に係る著作物等の使用料の額（当該額の算出方法が複数あるときは、当該複数の算出方法によりそれぞれ算出した額のうち最も高い額）をもつて、前項に規定する金銭の額とすることができる。
In finding the amount equivalent to the amount of money that should have been received in connection with the exercise of the copyright, print right or neighboring right provided for in paragraph (1), item (ii) and paragraph (3), the court may take into consideration the consideration that the copyright owner, etc. would obtain if, on the premise that there had been an infringement of the owner's own copyright, print right or neighboring right, the copyright owner, etc. were to reach an agreement with the person that infringed that copyright, print right or neighboring right on the consideration for the exercise of those rights.
The provisions of paragraph (3) do not preclude any claim to compensation for damage in excess of the amount referred to therein. In such a case, the court may consider the absence of intent or gross negligence by the person that infringed the copyright, print rights, or neighboring rights, in fixing the amount of compensation for the damage.
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