Section 3 Rights of Producers of Phonograms
第三節 レコード製作者の権利
Article 96Right of Reproduction
第九十六条(複製権)
The producer of a phonogram has the exclusive right to reproduce its phonograms.
Article 96-2Right to Make Available for Transmission
第九十六条の二(送信可能化権)
The producer of a phonogram has the exclusive right to make its phonograms available for transmission.
Article 96-3Simultaneous Broadcasting of Commercial Phonograms
第九十六条の三(商業用レコードの放送同時配信等)
A broadcaster, cablecaster or simultaneous broadcasting service may undertake simultaneous broadcasting using a commercial phonogram (excluding commercial phonograms for which a copyright management service manages the right provided for in the preceding Article (limited to the right pertaining to simultaneous broadcasting; hereinafter the same applies in this paragraph and the following paragraph), or commercial phonograms for which information necessary for smooth authorization, including the name of the owner of the right provided for in that Article and the contact information for accepting applications for authorization of simultaneous broadcasting, as specified by the Commissioner of the Agency for Cultural Affairs, has been disclosed by a method specified by the Commissioner of the Agency for Cultural Affairs; the same applies in the following paragraph).
In the case referred to in the preceding paragraph, a broadcaster, cablecaster or simultaneous broadcasting service that has undertaken simultaneous broadcasting, etc. using a commercial phonogram must pay compensation in an amount equivalent to the ordinary rate of royalties to the owner of the right provided for in the preceding Article.
If a copyright management service is in existence, whose consent has been obtained and which the Commissioner of the Agency for Cultural Affairs has designated as the only such service in the country, it is permissible for the right to receive the compensation referred to in the preceding paragraph to be exercised exclusively through the copyright management service.
The provisions of Article 93-3, paragraph (4) apply mutatis mutandis to the designation under the provisions of the preceding paragraph, and the provisions of paragraphs (5) through (13) of that Article apply mutatis mutandis to the compensation referred to in paragraph (2) and the designated copyright management service pursuant to the provisions of the preceding paragraph. In this case, in paragraph (4), item (iv) of that Article, the phrase "remuneration referred to in paragraph (2)" is deemed to be replaced with "compensation referred to in Article 96-3, paragraph (2)," and in paragraphs (7) and (10) of that Article, the term "broadcaster" is deemed to be replaced with "broadcaster, cablecaster."
第九十三条の三第四項の規定は前項の規定による指定について、同条第五項から第十三項までの規定は第二項の補償金及び前項の規定による指定を受けた著作権等管理事業者について、それぞれ準用する。この場合において、同条第四項第四号中「第二項の報酬」とあるのは「第九十六条の三第二項の補償金」と、同条第七項及び第十項中「放送事業者」とあるのは「放送事業者、有線放送事業者」と読み替えるものとする。
Article 97Secondary Use of Commercial Phonograms
第九十七条(商業用レコードの二次使用)
If a broadcaster or cablecaster broadcasts or cablecasts a commercial phonogram (unless it receives a broadcast transmission and makes a cablecast simultaneously, for non-commercial purposes and without charging a fee (meaning anything of value received in exchange for presenting the sound from the commercial phonogram, regardless of what it is called) to the listening or viewing audience), it must pay secondary use fees to the producer whose phonogram it is (but only for a phonogram provided for in Article 8, items (i) through (iv) and only during the lifetime of the neighboring rights).
The provisions of paragraphs (2) and (4) of Article 95 apply mutatis mutandis to the producer of a phonogram under the preceding paragraph, and the provisions of paragraph (3) of that Article apply mutatis mutandis to the term of protection provided for in the preceding paragraph. In this case, in paragraphs (2) through (4) of that Article, the phrase "performer whose performance has been fixed in a phonogram whose producer is the national" is deemed to be replaced with "producer of a phonogram that is the national"; and in paragraph (3) of that Article, the phrase "term of protection that performers are granted" is deemed to be replaced with "term of protection that producers of phonograms are granted".
If an association is in existence (including a federation of associations) that has as its members a considerable number of persons that produce phonograms professionally in Japan, whose consent has been obtained and which has been designated by the Commissioner of the Agency for Cultural Affairs, it is permissible for the right to secondary use fees under paragraph (1) to be exercised exclusively through such association.
The provisions of Article 95, paragraphs (6) through (14) apply mutatis mutandis to the secondary use fees referred to in paragraph (1) and to an association as referred to in the preceding paragraph.
第九十五条第六項から第十四項までの規定は、第一項の二次使用料及び前項の団体について準用する。
第九十七条の二(譲渡権)
The producer of a phonogram has the exclusive right to make that phonogram available to the public through the transfer of copies thereof.
The provisions of the preceding paragraph do not apply if a phonogram is made available to the public through the transfer of copies that fall under a category provided for in one of the following items:
copies of a phonogram that are transferred to the public by the owner of the right provided for in the preceding paragraph or a person authorized thereby;
copies of a phonogram that are transferred to the public based on a compulsory license referred to in Article 67, paragraph (1) or Article 67-3, paragraph (1), as applied mutatis mutandis pursuant to Article 103;
第百三条において準用する第六十七条第一項又は第六十七条の三第一項の規定による裁定を受けて公衆に譲渡されたレコードの複製物
copies of a phonogram that are transferred to the public based on the application of the provisions of Article 67-2, paragraph (1), as applied mutatis mutandis pursuant to Article 103;
第百三条において準用する第六十七条の二第一項の規定の適用を受けて公衆に譲渡されたレコードの複製物
copies of a phonogram that are transferred to exclusive groups made up of a few persons by the owner of the right provided for in the preceding paragraph or a person authorized thereby;
copies of a phonogram that are transferred abroad, without prejudice to any right equivalent to the right provided for in the preceding paragraph, or by the owner of any right equivalent to the right provided for in that paragraph or a person authorized thereby.
第九十七条の三(貸与権等)
The producer of a phonogram has the exclusive right to make the phonogram available to the public by renting out commercial phonograms in which the phonogram has been reproduced.
The provisions of the preceding paragraph do not apply if the phonogram is made available to the public through the rental of post-term commercial phonograms.
前項の規定は、期間経過商業用レコードの貸与による場合には、適用しない。
When a rental phonogram dealer makes a phonogram available to the public by renting out post-term commercial phonograms, it must pay a reasonable amount of remuneration to the producer whose phonogram it is (but only during the lifetime of the neighboring rights).
The provisions of Article 97, paragraph (3) apply mutatis mutandis to the exercise of the right to receive the remuneration referred to in the preceding paragraph.
The provisions of Article 95, paragraphs (6) through (14) apply mutatis mutandis to the remuneration referred to in paragraph (3) of this Article and to associations referred to in Article 97, paragraph (3) as applied mutatis mutandis pursuant to the preceding paragraph. In this case, the provisions of the first sentence of Article 95-3, paragraph (4) apply mutatis mutandis.
第九十五条第六項から第十四項までの規定は、第三項の報酬及び前項において準用する第九十七条第三項に規定する団体について準用する。この場合においては、第九十五条の三第四項後段の規定を準用する。
The right to receive royalties in connection with the authorization of the owner of the right provided for in paragraph (1) of this Article may be exercised through an association referred to in Article 97, paragraph (3) as applied mutatis mutandis pursuant to paragraph (4) of this Article.
The provisions of paragraph (5) of this Article apply mutatis mutandis to the preceding paragraph. In this case, in paragraph (5), the phrase "Article 95, paragraph (6)" is deemed to be replaced with "Article 95, paragraph (7)".
Section 4 Rights of Broadcasters
第四節 放送事業者の権利
Article 98Right of Reproduction
第九十八条(複製権)
A broadcaster has the exclusive right to record sound and visuals from, and to reproduce through photography or by any other similar means, the sounds or images in its broadcast, based on the receipt of its broadcast transmission or based on the receipt of a cablecast transmission that has been made based on the receipt of its broadcast transmission.
Article 99Rebroadcasting Rights and Cablecasting Rights
第九十九条(再放送権及び有線放送権)
A broadcaster has the exclusive right to rebroadcast or cablecast its broadcast based on the receipt of its broadcast transmission.
Article 99-2Right to Make Available for Transmission
第九十九条の二(送信可能化権)
A broadcaster has the exclusive right to make its broadcast available for transmission based on the receipt of its broadcast transmission or based on the receipt of a cablecast transmission that has been made based on the receipt of its broadcast transmission.
The provisions of the preceding paragraph do not apply to a work's being made transmissible in connection with an automatic public transmission that a person making automatic public transmissions based on the receipt of broadcast transmissions is required to make pursuant to the provisions of laws and regulations.
Article 100Right to Communicate Television Broadcasts
第百条(テレビジョン放送の伝達権)
A broadcaster has the exclusive right to use a special instrument that enlarges images to communicate its television broadcast to the public based on the receipt of its broadcast transmission or based on the receipt of a cablecast transmission that has been made based on the receipt of its broadcast transmission.
Section 5 Rights of Cablecasters
第五節 有線放送事業者の権利
Article 100-2Right of Reproduction
第百条の二(複製権)
A cablecaster has the exclusive right to record sound and visuals from, and to reproduce through photography or by any other similar means, the sounds or images in its cablecast, based on the receipt of its cablecast transmission.
Article 100-3Broadcasting Rights and Re-Cablecasting Rights
第百条の三(放送権及び再有線放送権)
A cablecaster has the exclusive right to make its cablecast available for transmission based on the receipt of its cablecast transmission.
Article 100-5Right to Communicate Cable Television Broadcasts
第百条の五(有線テレビジョン放送の伝達権)
A cablecaster has the exclusive right to use a special instrument that enlarges images to communicate its cable television broadcast to the public based on the receipt of its cable television broadcast transmission.
Section 6 Term of Protection
第六節 保護期間
Article 101The Term of Protection for Performances, Phonograms, Broadcasts, and Cablecasts
第百一条(実演、レコード、放送又は有線放送の保護期間)
The duration of neighboring rights begins at the following times:
著作隣接権の存続期間は、次に掲げる時に始まる。
for a performance, the time that the performance takes place;
実演に関しては、その実演を行つた時
The duration of neighboring rights expires at the following times:
著作隣接権の存続期間は、次に掲げる時をもつて満了する。
for a performance, once 70 years have passed, counting from the year after that in which the performance takes place;
実演に関しては、その実演が行われた日の属する年の翌年から起算して七十年を経過した時
for a phonogram, once 70 years have passed, counting from the year after that in which the phonogram is published (or once 70 years have passed counting from the year after that in which the sounds are first fixed in a phonogram, if the work is not published within 70 years counting from the year after that in which the sounds are first fixed in a phonogram);
レコードに関しては、その発行が行われた日の属する年の翌年から起算して七十年(その音が最初に固定された日の属する年の翌年から起算して七十年を経過する時までの間に発行されなかつたときは、その音が最初に固定された日の属する年の翌年から起算して七十年)を経過した時