A person that reproduces, as a commercial phonogram, a commercial phonogram as set forth in either of the following items (or a copy of such a commercial phonogram (this includes a copy that is two or more intervening reproductions removed from such a commercial phonogram)), distributes copies of a commercial phonogram so reproduced, possesses such copies for the purpose of distribution, or offers to distribute such copies (except for a person that engages in the relevant reproduction, distribution, possession, or offer after 70 years have passed, counting from the year after that in which the sound is first fixed into the master referred to in the relevant item) is subject to imprisonment for a term of up to one year, a fine of up to one million yen, or both:
a commercial phonogram that a person in the business of producing commercial phonograms in Japan produces from the master of a phonogram (other than a phonogram falling under one of the items of Article 8) that is made available by the producer of that phonogram;
a commercial phonogram that a person in the business of producing commercial phonograms abroad produces from the master of a phonogram (other than a phonogram falling under one of the items of Article 8) that is made available by the producer of that phonogram that is the national of a Contracting State of the Convention for the Protection of Performers, etc., the national of a World Trade Organization Member State, or the national of a Contracting State of the Convention for the Protection of Phonograms (the nationals of a Contracting State include corporations established based on the laws and regulations of that State and corporations that have principal offices in that State).
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(Protected Phonograms)
Only a phonogram that falls under one of the following items is protected under this Act:
レコードは、次の各号のいずれかに該当するものに限り、この法律による保護を受ける。
Open this provisionphonogram
「レコード」
Sounds fixed on a phonograph record, recording tape or any other medium, other than sounds fixed to be played back only together with images.
Defined inArticle 2, paragraph (1), item (v)· applies throughout the law
producer of a phonogram
「レコード製作者」
The person who first fixed the sounds recorded on a phonogram (レコード).
Defined inArticle 2, paragraph (1), item (vi)· applies throughout the law
commercial phonogram
「商業用レコード」
A copy of a phonogram (レコード) produced for sale on the market.
Defined inArticle 2, paragraph (1), item (vii)· applies throughout the law
reproduction
「複製」
Reproducing a work in tangible form by printing, photography, photocopying, sound or visual recording or any other means; for a script or similar work for the stage it includes recording a stage performance, broadcast or cablecast of it, and for an architectural work it includes completing a building according to its architectural drawings.
Defined inArticle 2, paragraph (1), item (xv)· applies throughout the law
distributioncorrected by this site
「頒布」
Transferring or renting copies to the public, whether for payment or free; for a cinematographic work, or a work reproduced in one, it also includes transferring or renting copies of the film for the purpose of showing those works to the public.
Defined inArticle 2, paragraph (1), item (xix)· applies throughout the law
in Japan
「国内」
The area in which this Act is in force, that is, Japan.
Defined inArticle 2, paragraph (1), item (xxiv)· applies throughout the law
abroad
「国外」
Anywhere outside the area in which this Act is in force, that is, outside Japan.
Defined inArticle 2, paragraph (1), item (xxv)· applies throughout the law
corporation
「法人」
A corporation, including an association or foundation without legal personality that has a designated representative or manager.
Defined inArticle 2, paragraph (6)· applies throughout the law
the Convention for the Protection of Performers, etc.
「実演家等保護条約」
Short name for the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (実演家、レコード製作者及び放送機関の保護に関する国際条約).
Short name set inArticle 7, paragraph (1), item (v), (a)
the Convention for the Protection of Phonograms
「レコード保護条約」
Short name for the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms (許諾を得ないレコードの複製からのレコード製作者の保護に関する条約).
Short name set inArticle 8, paragraph (1), item (vi)· applies only in this provision and in Article 121-2, paragraph (1), item (ii)
fine
罰金
A criminal punishment of paying money to the state, of 10,000 yen or more, or less where it is reduced (Penal Code, Article 15). It ranks below imprisonment (拘禁刑) and above penal detention (拘留) and a petty fine (科料) (Articles 9 and 10, paragraph (1)). A person who cannot pay it in full is held in a workhouse (労役場) for one day to two years, or up to three years where fines are imposed together, a period set when the sentence is passed (Article 18, paragraphs (1), (3) and (4)); not within thirty days of the sentence becoming final without the person's consent (paragraph (5)). If it is not enforced for three years after the sentence becomes final, the person is released from it by prescription (Articles 31 and 32, item (v)); the three years do not run while its execution is suspended under law or the person is abroad, and an act of execution interrupts them (Articles 33 and 34, paragraph (2)).
Written by AI using Penal Code, Arts. 9, 10, 15, 18, 31 to 34 as a reference.
imprisonment
拘禁刑
The punishment of being held in a penal institution (刑事施設), for life or for a fixed term of one month to twenty years (Penal Code, Article 12, paragraphs (1) and (2)); a fixed term can be raised to thirty years where the punishment is aggravated, or cut below one month where it is reduced (Article 14, paragraph (2)). To help the person reform and rehabilitate, they may be made to do work or given guidance (Article 12, paragraph (3)). It ranks below the death penalty and above a fine (罰金) among the principal punishments (Articles 9 and 10, paragraph (1)). It replaced imprisonment with work (懲役) and imprisonment without work (禁錮) when the Act Partially Amending the Penal Code, etc. (Act No. 67 of 2022) came into force (Act No. 67 of 2022, Article 2), and a person sentenced to either is treated, for the rules on a person's qualifications, as sentenced to imprisonment for the same term (Act No. 68 of 2022, Article 443, paragraph (1)).
Written by AI using Penal Code, Arts. 9, 10, 12, 14, Act No. 67 of 2022, Art. 2 and Act No. 68 of 2022, Art. 443 as a reference.