Article 38Stage Performances for Non-Commercial Purposes
第三十八条（営利を目的としない上演等）
It is permissible to publicly give a stage performance or a musical performance, make an on-screen presentation, or give a recitation of a work that has been made public, if this is done for non-commercial purposes and without charging a fee to the listening or viewing audience; provided, however, that this does not apply if a performer or reciter is paid any remuneration for the stage performance, musical performance, on-screen presentation, or recitation.
It is permissible to cablecast a broadcastwork or to transmit such a work via area-limited specified input-type automatic public transmission for non-commercial purposes and without charging a fee to the listening or viewing audience, with the objective of allowing an exclusive audience within the service area that the broadcast is intended for to receive that broadcast.
It is permissible to publicly communicate a work that is broadcast, cablecast, transmitted via specified input-type automatic public transmission or transmitted via simultaneous broadcasting (excluding simultaneous broadcasting that commences after the broadcast or cablecast is finished), through a receiver for non-commercial purposes and without charging a fee to the listening or viewing audience. The same applies if the work is communicated publicly through a receiver commonly used in a household.
It is permissible to make available to the public a work that has been made public (except a cinematographic work) by renting out copies of that work (if the work is one that has been reproduced in a cinematographic work, this excludes making that work available to the public by renting out copies of the cinematographic work), if this is done for non-commercial purposes and without charging a fee to persons renting copies of the work.
An audiovisual education facility or any other facility (excluding one set in place for commercial purposes), designated by Cabinet Order, that aims to offer cinematographic films and other audiovisual materials for public use, or a person, provided for by Cabinet Order as referred to in the preceding Article, that is engaged in an undertaking related to the welfare of persons with hearing impairments, etc. (limited to a person concerned with item (ii) of that Article, and excluding a person that engages in that undertaking for commercial purposes) may distribute a cinematographic work that has been made public, by renting out copies of it, if it does so without charging a fee to the persons renting copies of the work. In this case, the person distributing the work must pay a reasonable amount of compensation to the owner of the right set forth in Article 26 (including paying such compensation to the person that, pursuant to the provisions of Article 28, owns the same right to the relevant work as the right set forth in Article 26) for the cinematographic work or the work reproduced in that cinematographic work.
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