The copyright owner may grant another person authorization to exploit the work.
著作権者は、他人に対し、その著作物の利用を許諾することができる。
A person that obtains the authorization referred to in the preceding paragraph is entitled to exploit the work to which that authorization pertains within the scope of the manner and conditions of exploitation under that authorization.
A right of exploitation (meaning the right to exploit a work under the authorization referred to in paragraph (1) pursuant to the provisions of the preceding paragraph; the same applies in the following Article) may not be transferred without the consent of the copyright owner.
Unless otherwise stipulated in a contract, the authorization referred to paragraph (1) in connection with the broadcasting or cablecasting of a work, does not include authorization to record the sound or visuals of the work.
If a person that may authorize another person (meaning authorization referred to in paragraph (1); hereinafter the same applies in this paragraph) to broadcast or cablecast a work or transmit a work via simultaneous broadcasting has authorized a specified broadcaster or cablecaster (meaning a broadcaster or cablecaster that undertakes simultaneous broadcasting in the course of trade, or supplies a broadcast program or cablecast program for simultaneous broadcasting undertaken in the course of trade by a simultaneous broadcasting service having a close relationship therewith, and, as a measure to publicize this fact, discloses information specified by the Commissioner of the Agency for Cultural Affairs as information concerning the status of implementation of simultaneous broadcasting, including the title of the broadcast program or cablecast program subject to simultaneous broadcasting and the broadcast or cablecast time of the program, by a method specified by the Commissioner of the Agency for Cultural Affairs; hereinafter the same applies in this paragraph) to exploit the work in broadcast or cablecast programming by the specified broadcaster or cablecaster, the authorization is presumed to include authorization to transmit the work via simultaneous broadcasting (including simultaneous broadcasting undertaken by a simultaneous broadcasting service that has a close relationship with the specified broadcaster or cablecaster by receiving the broadcast program or cablecast program supplied by the specified broadcaster or cablecaster), unless the person manifests an intention to the contrary upon granting the authorization.
著作物の放送又は有線放送及び放送同時配信等について許諾(第一項の許諾をいう。以下この項において同じ。)を行うことができる者が、特定放送事業者等(放送事業者又は有線放送事業者のうち、放送同時配信等を業として行い、又はその者と密接な関係を有する放送同時配信等事業者が業として行う放送同時配信等のために放送番組若しくは有線放送番組を供給しており、かつ、その事実を周知するための措置として、文化庁長官が定める方法により、放送同時配信等が行われている放送番組又は有線放送番組の名称、その放送又は有線放送の時間帯その他の放送同時配信等の実施状況に関する情報として文化庁長官が定める情報を公表しているものをいう。以下この項において同じ。)に対し、当該特定放送事業者等の放送番組又は有線放送番組における著作物の利用の許諾を行つた場合には、当該許諾に際して別段の意思表示をした場合を除き、当該許諾には当該著作物の放送同時配信等(当該特定放送事業者等と密接な関係を有する放送同時配信等事業者が当該放送番組又は有線放送番組の供給を受けて行うものを含む。)の許諾を含むものと推定する。
The provisions of Article 23, paragraph (1) do not apply to a person that has obtained the authorization referred to in paragraph (1) to make a work available for transmission, making the work available for transmission repeatedly or using another automatic public transmission server to make the work available for transmission within the scope of the manner and conditions of exploitation under authorization (other than those that concern the number of times the work may be made available for transmission or the automatic public transmission server that may be used to make the work available for transmission).
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(Right to Transmit to the Public)
The author of a work has the exclusive right to transmit to the public that work (this includes the right to make the work available for transmission, if the work is to be transmitted to the public…
著作者は、その著作物について、公衆送信(自動公衆送信の場合にあつては、送信可能化を含む。)を行う権利を専有する。
Open this provision(Perfection of Right of Exploitation)
A right of exploitation may be asserted against a person that has acquired the copyright for a work that is subject to the right of exploitation or any other third party.
利用権は、当該利用権に係る著作物の著作権を取得した者その他の第三者に対抗することができる。
Open this provision(Authorization to Exploit Works)
The copyright owner may grant another person authorization to exploit the work.
著作権者は、他人に対し、その著作物の利用を許諾することができる。
Open this provision(Authorization to Exploit Works)
A person that obtains the authorization referred to in the preceding paragraph is entitled to exploit the work to which that authorization pertains within the scope of the manner and conditions of…
前項の許諾を得た者は、その許諾に係る利用方法及び条件の範囲内において、その許諾に係る著作物を利用することができる。
Open this provision(Authorization to Exploit Works)
If a person that may authorize another person (meaning authorization referred to in paragraph (1); hereinafter the same applies in this paragraph) to broadcast or cablecast a work or transmit a work…
著作物の放送又は有線放送及び放送同時配信等について許諾(第一項の許諾をいう。以下この項において同じ。)を行うことができる者が、特定放送事業者等(放送事業者又は有線放送事業者のうち、放送同時配信等を業として行い、又はその者と密接な関係を有する放送同時配信等事業者が業として行う放送同時配信等のために放送番組若しくは有線放…
Open this provisionwork
「著作物」
A creative expression of thoughts or feelings falling within the literary, academic, artistic or musical domain — a work in the narrow sense, as distinct from 著作物等 (works, performances, phonograms, broadcasts and cablecasts), which the Ministry's English also calls 'work'.
Defined inArticle 2, paragraph (1), item (i)· applies throughout the law
broadcastcorrected by this site
「放送」
A transmission to the public (公衆送信) by radio communication, made so that the public receives the same content at the same time.
Defined inArticle 2, paragraph (1), item (viii)· applies throughout the law
broadcaster
「放送事業者」
A person who carries on broadcasting (放送) as a business.
Defined inArticle 2, paragraph (1), item (ix)· applies throughout the law
cablecastcorrected by this site
「有線放送」
A transmission to the public (公衆送信) by wire telecommunication, made so that the public receives the same content at the same time.
Defined inArticle 2, paragraph (1), item (ix-2)· applies throughout the law
cablecaster
「有線放送事業者」
A person who carries on cablecasting (有線放送) as a business.
Defined inArticle 2, paragraph (1), item (ix-3)· applies throughout the law
available for transmission
「送信可能化」
Making something capable of being sent by automatic public transmission (自動公衆送信), either by recording or inputting information into an automatic public transmission server connected to a telecommunications network used by the public (or adding or converting a recording medium to serve as that server's), or by connecting to such a network a server that already holds or receives the information.
Defined inArticle 2, paragraph (1), item (ix-5)· applies throughout the law
automatic public transmission servermachine translation
「自動公衆送信装置」
A device which, connected to a telecommunications network used by the public, can automatically transmit to the public information recorded on the part of its recording medium used for that purpose, or information input into it.
Defined inArticle 2, paragraph (1), item (ix-5), (a)
simultaneous broadcasting
「放送同時配信等」
Automatic public transmission (自動公衆送信) of broadcast or cablecast programs, including making them available for transmission, that is made within a week after the broadcast or cablecast and not before it (for a series aired at intervals of more than a week, within a period of up to a month the Commissioner of the Agency for Cultural Affairs sets), without changing the program except where unavoidable, and with measures set by Order of the Ministry of Education, Culture, Sports, Science and Technology (文部科学省令) against digital copying; excluding specified input-type automatic public transmission and the transmissions the Commissioner, after consulting the Minister for Internal Affairs and Communications, sets as likely to unreasonably harm right holders or hard for the public to view.
Defined inArticle 2, paragraph (1), item (ix-7)· applies throughout the law
close relationship
「密接な関係」
A close relationship in personnel or capital, of the kind the Commissioner of the Agency for Cultural Affairs specifies, between a broadcaster or cablecaster and a simultaneous broadcasting service (放送同時配信等事業者).
Short name set inArticle 2, paragraph (1), item (ix-8)
simultaneous broadcasting service
「放送同時配信等事業者」
A business that carries on simultaneous broadcasting (放送同時配信等) as a business, using broadcast or cablecast programs supplied by a broadcaster or cablecaster with which it has a close relationship (密接な関係).
Defined inArticle 2, paragraph (1), item (ix-8)· applies throughout the law
sound recordingcorrected by this site
「録音」
Fixing sounds on a medium, or making further copies of such a fixation.
Defined inArticle 2, paragraph (1), item (xiii)· applies throughout the law
visual recordingcorrected by this site
「録画」
Fixing a sequence of images on a medium, or making further copies of such a fixation.
Defined inArticle 2, paragraph (1), item (xiv)· applies throughout the law
right of exploitationmachine translation
「利用権」
In Article 63, paragraph (3) and Article 63-2, the right to use a work under a permission (許諾) the copyright owner has given under Article 63, paragraph (1), within the methods and conditions of that permission.
Defined inArticle 63, paragraph (3)· applies only in this provision and in Article 63-2
specified broadcaster or cablecastermachine translation
「特定放送事業者等」
In Article 63, paragraph (5), a broadcaster or cablecaster that carries on simultaneous broadcasting (放送同時配信等) as a business, or supplies programs for the simultaneous broadcasting a closely related simultaneous broadcasting service carries on as a business, and that publishes, by a method the Commissioner of the Agency for Cultural Affairs sets, the information the Commissioner sets on how it carries out simultaneous broadcasting, such as program names and airing times.
Defined inArticle 63, paragraph (5)· applies only in this paragraph
authorizationmachine translation
「許諾」
In Article 63, paragraph (5), a permission under Article 63, paragraph (1): the copyright owner's permission for another person to use the work.
Defined inArticle 63, paragraph (5)· applies only in this paragraph
manifestation of intention
意思表示
A person's expression of an intention to which the law gives a legal effect, such as an offer to conclude a contract, which shows its terms and forms the contract once the other party accepts it (Civil Code, Article 522, paragraph (1)), the acceptance itself (Article 527), or the notice to the other party by which a party rescinds (取消し) an act or cancels (解除) a contract (Articles 123 and 540, paragraph (1)). One made to another person takes effect when notice of it reaches that person, or when it would normally have reached them if they blocked it without good reason (Article 97, paragraphs (1) and (2)), and does not lose its effect because the person who made it dies, loses mental capacity (意思能力) or comes under legal limits on what they can do alone after sending the notice (Article 97, paragraph (3)); where the person making it cannot find out who the other party is or where they are, it can be made by public notice (Article 98, paragraph (1)). It is not void just because the person making it knew it was not their true intention, unless the other party knew or could have known that (Article 93, paragraph (1)); a false one made in collusion with the other party is void (Article 94, paragraph (1)); and neither voidness can be asserted against a third party who did not know of it (善意) (Articles 93, paragraph (2), and 94, paragraph (2)). One based on a mistake that is material in light of the purpose of the juridical act (法律行為) and accepted views in dealings may be rescinded — one based on a mistaken view of the circumstances behind the act only if it had been shown that the act was based on them, and as a rule not where the mistake came from the gross negligence of the person who made it (Article 95, paragraphs (1) to (3)) — and so may one made under fraud or duress, though one induced by a third party's fraud only if the other party knew of the fraud or could have known of it (Article 96, paragraphs (1) and (2)); a rescission for mistake or fraud cannot be relied on against a third party who did not know and was not careless in not knowing (Article 95, paragraph (4), and Article 96, paragraph (3)). One that an agent makes within the agent's authority, showing that it is made for the principal, takes effect directly for the principal (Article 99, paragraph (1)). The Consumer Contract Act lets a consumer rescind an offer or acceptance of a consumer contract made because the business, when soliciting it, told them something untrue about an important matter and they believed it, among other grounds (Consumer Contract Act, Article 4, paragraph (1), item (i)), and the Act on Specified Commercial Transactions does the same where, in a door-to-door sale, the seller or service provider told them something untrue about such matters as the goods or the price (Article 6, paragraph (1), and Article 9-3, paragraph (1), item (i)).
Written by AI using Civil Code, Arts. 93, 94, 95, 96, 97, 98, 99, 123, 522, 527, 540, Consumer Contract Act, Art. 4 and Act on Specified Commercial Transactions, Arts. 6, 9-3 as a reference.