Copyright Act

一a "work" means a creatively produced expression of thoughts or sentiments that falls within the literary, academic, artistic, or musical domain;

二"author" means a person who creates a work;

三"performing" means giving a dramatic performance of, dancing, giving a musical performance of, singing, delivering, declaiming, or by any other means giving a performance of a work (including similar actions not involving the performance of a work but having the nature of a performing art);

四"performer" means an actor, dancer, musician, singer, or any other person who gives a performance, or a person who conducts or stages a performance;

五"phonogram" means the fixation of sounds on a material object such as a phonograph disc or recording tape (other than of sounds that are intended to be played exclusively alongside images);

六"producer of a phonogram" means the person that was the first to fix the sounds that have been fixed in a phonogram;

七"commercial phonogram" means a copy of a phonogram that is produced for the purposes of commercial distribution;

七の二making a "transmission to the public" means making a transmission of wireless communications or wired telecommunications with the objective of allowing the public to receive them directly (excluding transmission (unless this constitutes the transmission of a work of computer programming) using telecommunications equipment one part of which is installed on the same premises as the other parts (or, excluding, if two or more persons occupy the same premises, transmission using telecommunications equipment both ends of which are installed within the area a single person occupies));

八"broadcasting" means the transmission to the public of wireless communications with the objective of allowing the public to simultaneously receive transmissions with the same content;

九"broadcaster" means a person that does broadcasting in the course of trade;

九の二"cablecasting" means the transmission to the public of wired telecommunications with the objective of allowing the public to simultaneously receive transmissions with the same content;

九の三"cablecaster" means a person that does cablecasting in the course of trade;

九の四"automatic public transmission" means a transmission to a member of the public (excluding one that constitutes a broadcast or cablecast) that is made automatically in response to a request from the member of the public;

九の五making a work "available for transmission" means making it available to be transmitted via automatic public transmission, through either of the following actions:

イrecording data onto a recording medium that an automatic public transmission server connected with a public telecommunications network uses for transmissions to the public (an automatic public transmission server is a device with a function that allows it to send automatic public transmissions of data recorded onto the area of its recording media that is used for automatic public transmissions (hereinafter in this item referred to as a "recording medium for public transmissions") or of data input into it, through its connection with a public telecommunications network; the same applies hereinafter); adding a recording medium onto which data has been recorded to such an automatic public transmission server as its recording medium for public transmissions; converting a recording medium onto which data has been recorded into such an automatic public transmission server's recording medium for public transmissions; or inputting data into such an automatic public transmission server;

ロconnecting an automatic public transmission server onto whose recording medium for public transmissions data has been recorded or into which data has been input, to a public telecommunications network (if this is done through a series of actions such as connecting cables, starting up the automatic public transmission server, and booting the programs for transmission and reception, connecting means the last action in the series);

九の六"specified input-type automatic public transmission" means an automatic public transmission made by receiving a broadcast transmission and simultaneously inputting data to an automatic public transmission server that is connected with a public telecommunications network (including making work available for transmission in order to make that automatic public transmission);

九の七"simultaneous broadcasting" means an automatic public transmission of a broadcast program or cablecast program (including making a work available for transmission in order to make that automatic public transmission: hereinafter the same applies in this item), which satisfies the requirements set forth in (a) through (c) (excluding automatic public transmission designated by the Commissioner of the Agency for Cultural Affairs in consultation with the Minister for Internal Affairs and Communications as one that would unreasonably prejudice the interests of the copyright owner, the owner of print rights or the owner of neighboring rights (hereinafter referred to as the "copyright owner, etc.") or one that cannot be easily viewed or listened to widely by citizens, and a specified input-type automatic public transmission):

イthe automatic public transmission is made within one week from the day on which the broadcast of the broadcast program or the cablecast of the cablecast program takes place (if the broadcast of the broadcast program or the cablecast of the cablecast program takes place in series in certain intervals under the same title and the interval is longer than one week: within a period specified by the Commissioner of the Agency for Cultural Affairs not exceeding one month, depending on that interval) (excluding any automatic public transmission made before the broadcast or cablecast takes place);

ロthe automatic public transmission is made without changing the content of the broadcast program or cablecast program (excluding an automatic public transmission in which the content has been changed by excluding part of the broadcast program or cablecast program for which authorization for the automatic public transmission has not been obtained from the copyright owner, etc. or due to any other unavoidable circumstances); and

ハthe automatic public transmission is subject to measures specified by Order of the Ministry of Education, Culture, Sports, Science and Technology as measures to prevent or deter the broadcast program or cablecast program from being digitally reproduced by receiving that automatic public transmission;

九の八"simultaneous broadcasting service" means a service that provides simultaneous broadcasting in the course of trade by receiving a broadcast program or cablecast program supplied by a broadcaster or cablecaster with which the service has a close relationship specified by the Commissioner of the Agency for Cultural Affairs (hereinafter simply referred to as a "close relationship") as a personal relationship or capital relationship;

十"producer of a cinematographic work" means the person that does the conceptualizing and has the responsibility in the production of a cinematographic work;

十の二"computer program" means something expressed as a set of instructions written for a computer, which makes the computer function so that a specific result can be obtained;

十の三"database" means an aggregate of data such as articles, numerical values, or diagrams, which is systematically constructed so that such data can be searched with a computer;

十一"derivative work" means a work that a person creates by translating, composing a musical arrangement of, reformulating, dramatizing, making a cinematographic adaptation of, or otherwise adapting a pre-existing work;

十二"joint work" means a work created by two or more persons whose contributions to the work cannot be separated so as to allow each part of the work to be used independently;

十三"recording the sound" of something means fixing sounds into a physical object or producing additional copies of that fixation;

十四"recording the visuals" of something means fixing a sequence of images into a physical object or producing additional copies of that fixation;

十五"reproduction" means the physical replication of a work through printing, photography, or copying, through the recording of sound or visuals, or in any other way, and, for each of the following subject matters, includes the action set forth therein:

イa scenario or other similar work that is used for acting:recording the sound or visuals of a stage performance, broadcast, or cablecast of the work; and

ロan architectural work:the construction of a structure in accordance with the architectural plan;

十六giving a "stage performance" means performing a work other than by musical performance (a musical performance includes singing; the same applies hereinafter);

十七giving an "on-screen presentation" means projecting a work (other than one being transmitted to the public) on a movie screen or other physical object, and includes playing the sounds accompanying the projection that are fixed to a cinematographic work;

十八"recitation" means communicating a work orally by reading it or through other means (except for a means that constitutes a performance);

十九"distributing" a work means transferring or renting out copies of a work to the public, regardless of whether this is done for a price or at no charge, and with regard to a cinematographic work or a work reproduced therein, it includes transferring or renting out copies of such a work for the purpose of presenting the work to the public;

二十"technological protection measures" means measures that use electronic means, magnetic means, or other means that cannot be perceived through the human senses (referred to as "electronic or magnetic means" in the following item and item (xxii)) to prevent or deter a person from engaging in an action that constitutes infringement of an author's moral rights or copyright as referred to in Article 17, paragraph (1), of a print right, of a performer's moral rights as referred to in Articles 89, paragraph (1), or of neighboring rights as referred to in Article 89, paragraph (6) (hereinafter referred to as "copyright-related matters" in this item, Article 30, paragraph (1), item (ii), Article 113, paragraph (7) and Article 120-2, items (i) and (iv)) (deterring such an action means deterring a person from engaging in an action that constitutes infringement of copyright-related matters by causing a considerable barrier to arise as a result of such an action; the same applies in Article 30, paragraph (1), item (ii)) (excluding any measure taken to prevent or suppress such an action that is not based on the intentions of the person that owns the copyright-related matters), and that are taken using signals to which a machine that can be used to exploit a work, performance, phonogram, broadcast, or cablecast (hereinafter referred to as "work") will have a specific reaction if the work is exploited (this includes if an action is taken that constitutes an infringement of the moral rights of the author or performer when taken without the consent of the author or the performer), by recording such signals onto a recording medium, or by transmitting such signals; or by converting the sounds or images of a work, performance, or phonogram and recording them onto a recording medium or converting the sounds or images of a broadcast or cablecast and transmitting them, so that a machine that can be used to exploit that work will need to make a specific conversion when the work is exploited;

二十一"technological exploitation restriction measures" means measures that use electronic or magnetic means to restrict work from being viewed or listened to (or from being executed on a computer, if it is a work of computer programming; the same applies hereinafter in this item and Article 113, paragraph (6)) (excluding any measure taken to restrict this that is not based on the intentions of the copyright owner, etc.), and that are taken using signals to which a machine that can be used to view or listen to work will have a specific reaction if the work is viewed or listened to, by recording such signals onto a recording medium; by transmitting such signals; or by converting the sounds or images of a work, performance, or phonogram and recording them onto a recording medium or converting the sounds or images of a broadcast or cablecast and transmitting them, so that a machine that can be used to exploit that work will need to make a specific conversion when the work is viewed or listened to;

二十二"rights management information" means information about a moral right or copyright provided for in Article 17, paragraph (1), a print right, or a right referred to in Article 89, paragraphs (1) through (4) (hereinafter referred to as a "copyright-related matters" in this item) which falls under (a), (b), or (c) below, and which is recorded onto a recording medium along with the sounds or images of a work, performance, or phonogram, or transmitted along with the sounds or images of a broadcast or cablecast (excluding information not used for assessing how a work is exploited, for administrative handling related to authorization to exploit a work, or for other management of a work (limited to management by computer)) by electronic or magnetic means:

イinformation that specifies a work, etc., a holder of copyright-related matters, or other matters specified by Cabinet Order;

ロinformation on the method and conditions of exploitation where exploitation of a work, etc. is authorized;

ハinformation that makes it possible to specify the matters set forth in (a) or (b) by collating it with other information;

二十三"copyright management service" means a copyright management service provided for in Article 2, paragraph (3) of the Act on Copyright Management Service (Act No. 131 of 2000);

二十四"in Japan" means within the jurisdiction of this Act; and

二十五"abroad" means outside the jurisdiction of this Act.

一a work by a Japanese national (including a corporation established based on a Japanese law or regulation or a corporation with a principal office in Japan; the same applies hereinafter);

二a work that is first published in Japan (including one first published abroad and published in Japan within 30 days from the date of its first publication);

三a work other than one set forth in the preceding two items, which Japan is under the obligation to protect pursuant to an international treaty.

一a performance that takes place in Japan;

二a performance fixed in a phonogram set forth in item (i) or (ii) of the following Article;

三a performance transmitted in a broadcast set forth in Article 9, item (i) or (ii) (excluding a performance whose sound or visuals are recorded before the transmission with the authorization of the performer);

四a performance transmitted in a cablecast set forth in one of the items of Article 9-2 (excluding a performance whose sound or visuals are recorded before the transmission with the authorization of the performer);

五any of the following performances, other than one also set forth in the preceding items:

イa performance that takes place in a contracting state of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (hereinafter referred to as "the Convention for the Protection of Performers, etc.");

ロa performance fixed in a phonogram set forth in item (iii) of the following Article;

ハa performance transmitted in a broadcast set forth in Article 9, item (iii) (excluding a performance whose sound or visuals are recorded before the transmission with the authorization of the performer);

六any of the following performances, other than one also set forth in the preceding items:

イa performance that takes place in a contracting party to the WIPO Performances and Phonograms Treaty (hereinafter referred to as "the WPPT");

ロa performance fixed in a phonogram set forth in item (iv) of the following Article;

七any of the following performances, other than one also set forth in the preceding items:

イa performance that takes place in a World Trade Organization member state;

ロa performance fixed in a phonogram set forth in item (v) of the following Article;

ハa performance transmitted in a broadcast set forth in Article 9, item (iv) (excluding a performance whose sound or visuals are recorded before the transmission with the authorization of the performer).

八in addition to those set forth in the preceding items, a performance by a performer who is a national of a Contracting Party to the Beijing Treaty on Audiovisual Performances or a person who has habitual residence in that Contracting Party.

一a phonogram whose producer is a Japanese national;

二a phonogram in which sounds are first fixed in Japan;

三any of the following phonograms, other than one also set forth in either of the preceding two items:

イa phonogram whose producer is the national of a contracting state of the Convention for the Protection of Performers, etc. (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; the same applies hereinafter);

ロa phonogram in which sounds are first fixed in a contracting state of the Convention for the Protection of Performers, etc.;

四any of the following phonograms, other than one also set forth in the preceding three items:

イa phonogram whose producer is the national of a contracting party to the WPPT (the nationals of a contracting party include corporations established based on the laws and regulations of that party and corporations that have principal offices in that party; the same applies hereinafter);

ロa phonogram in which sounds are first fixed in a contracting party to the WPPT;

五any of the following phonograms, other than one also set forth in the preceding items:

イa phonogram whose producer is the national of a World Trade Organization member state (the nationals of a member state include corporations established based on the laws and regulations of that state and corporations that have principal offices in that state; the same applies hereinafter);

ロa phonogram in which sounds are first fixed in a World Trade Organization member state;

六a phonogram, other than one set forth in the preceding items, that Japan is under the obligation to protect pursuant to the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms (referred to as "the Convention for the Protection of Phonograms" in Article 121-2, item (ii)).

一the broadcast of a broadcaster that is a Japanese national;

二a broadcast made from a broadcasting facility in Japan;

三any of the following broadcasts, other than one also set forth in the preceding two items:

イthe broadcast of a broadcaster that is the national of a contracting state of the Convention for the Protection of Performers, etc.;

ロa broadcast made from a broadcasting facility in a contracting state of the Convention for the Protection of Performers, etc.;

四any of the following broadcasts, other than one also set forth in the preceding three items:

イthe broadcast of a broadcaster that is the national of a World Trade Organization member state;

ロa broadcast made from a broadcasting facility in a World Trade Organization member state.

一a cablecast whose cablecaster is a Japanese national (excluding a cablecast that the cablecaster transmits based on the receipt of a broadcast; the same applies in the following item);

二a cablecast made from a cablecasting facility in Japan.

一novels, scenarios, articles, lectures, and other literary works;

二musical works;

三works of choreography and pantomime;

四paintings, woodblock prints, sculptures, and other works of fine art;

五works of architecture;

六maps and other diagrams of an academic nature, such as plans, charts, and models;

七cinematographic works;

八photographic works;

九works of computer programming.

一"programming language" means letters and other symbols used as a means of expressing a computer program and the systems for their use;

二"coding conventions" means special stipulations for the use of a programming language provided for in the preceding item in a specific computer program;

三"algorithm" means a procedure in a computer program, which consists of a set of instructions for the computer.

一the Constitution and other laws and regulations;

二notifications, instructions, circular notices, and other similar materials issued by a national or local government agency, an independent administrative agency (meaning an incorporated administrative agency provided for in Article 2, paragraph (1) of the Act on General Rules for Independent Administrative Agencies (Act No. 103 of 1999); the same applies hereinafter), or a local independent administrative agency (meaning a local incorporated administrative agency provided for in Article 2, paragraph (1) of the Local Independent Administrative Agencies Act (Act No. 118 of 2003); the same applies hereinafter);

三judgments, decisions, orders, and rulings of the courts, as well as administrative determinations and decisions made by administrative agencies in proceedings of a quasi-judicial nature;

四translations and compilations of the materials listed in the preceding three items, which are made by a national or local government agency, independent administrative agency, or local independent administrative agency.

一the author transfers the copyright to a work not yet made public:making available or presenting the work to the public through the exercise of the copyright to the work;

二the author transfers the original of an artistic or photographic work not yet made public:presenting the work to the public through exhibiting the original;

三the copyright to author's cinematographic work belongs to the producer of the cinematographic work pursuant to the provisions of Article 29:making available or presenting the work to the public through the exercise of the copyright to the work.

一the author makes available a work not yet made public to an administrative organ (meaning an administrative organ provided for in Article 2, paragraph (1) of the Act on Access to Information Held by Administrative Organs (Act No. 42 of 1999; hereinafter referred to as "the Act on Access to Administrative Organs' Information")) (unless the author manifests an intention to the contrary by the time of the decision to disclose it under the provisions of Article 9, paragraph (1) of the Act on Access to Administrative Organs' Information):making available or presenting the work to the public by the head of the administrative organ, pursuant to the provisions of the Act on Access to Administrative Organs' Information (if historical public records and archives (meaning historical public records and archives provided for in Article 2, paragraph (6) of the Public Records and Archives Management Act (Act No. 66 of 2009; hereinafter referred to as "the Public Records Management Act"); the same applies hereinafter) pertaining to that work are transferred from the head of an administrative organ to the National Archives of Japan, etc. (meaning the National Archives of Japan, etc. provided for in Article 2, paragraph (3) of the Public Records Management Act; the same applies hereinafter) pursuant to the provisions of Article 8, paragraph (1) of the Public Records Management Act (unless the author of the work manifests an intention to the contrary by the time of the decision to permit the use of that work under the provisions of Article 16, paragraph (1) of the Public Records Management Act), this includes making available or presenting the work to the public by the head of the National Archives of Japan, etc. (meaning the head of the National Archives of Japan, etc. provided for in Article 15, paragraph (1) of the Public Records Management Act; the same applies hereinafter), pursuant to the provisions of Article 16, paragraph (1) of the Public Records Management Act);

二the author makes available a work not yet made public to an incorporated administrative agency, etc. (meaning an incorporated administrative agency, etc. provided for in Article 2, paragraph (1) of the Act on Access to Information Held by Incorporated Administrative Agencies (Act No. 140 of 2001; hereinafter referred to as "the Act on Access to Incorporated Administrative Agencies' Information"); the same applies hereinafter) (unless the author manifests an intention to the contrary by the time of the decision to disclose it under the provisions of Article 9, paragraph (1) of the Act on Access to Incorporated Administrative Agencies' Information):making available or presenting the work to the public by the incorporated administrative agency, etc., pursuant to the provisions of the Act on Access to Incorporated Administrative Agencies' Information (if historical public records and archives pertaining to that work are transferred from that incorporated administrative agency, etc. to the National Archives of Japan, etc. pursuant to the provisions of Article 11, paragraph (4) of the Public Records Management Act (unless the author of the work manifests an intention to the contrary by the time of the decision to permit the use of that work under the provisions of Article 16, paragraph (1) of the Public Records Management Act), this includes making available or presenting the work to the public by the head of the National Archives of Japan, etc., pursuant to the provisions of Article 16, paragraph (1) of the Public Records Management Act);

三the author makes available a work not yet made public to a local government agency or local incorporated administrative agency (unless the author manifests an intention to the contrary by the time of a decision to make a disclosure):making available or presenting the work to the public by an organ of the relevant local government agency or the relevant local incorporated administrative agency, pursuant to the provisions of information disclosure ordinance (meaning ordinance of local government agencies prescribing the right of a resident, etc. to request that local government agency or a local incorporated administrative agency to disclose the information it holds; the same applies hereinafter) (if historical public records and archives pertaining to that work are transferred from the local government agency or local incorporated administrative agency to the local archives, etc. (meaning facilities provided for by public records management ordinance (meaning ordinance of local government agencies prescribing the appropriate preservation and use of historical public records held by that local government agency or by a local incorporated administrative agency; the same applies hereinafter) as facilities for the appropriate preservation and use of historical public records and archives; the same applies hereinafter) pursuant to public records management ordinance (unless the author of that work manifests an intention to the contrary by the time of the decision to permit the use of the work under the provisions of public records management ordinance (limited to provisions equivalent to the provisions of Article 16, paragraph (1) of the Public Records Management Act; the same applies hereinafter in this Article)), this includes making available or presenting the work to the public by the head of the local archives, etc. (meaning the head of the local government agency to which the local archives, etc. belongs, if the local archives, etc. are the facility of a local government agency facility; or the local incorporated administrative agency by which the local archives, etc. was established, if the local archives, etc. are the facility of a local incorporated administrative agency; the same applies hereinafter), pursuant to the provisions of public records management ordinance);

四the author makes available a work not yet made public to the National Archives of Japan, etc. (unless the author manifests an intention to the contrary by the time of the decision to permit the use of that work under the provisions of Article 16, paragraph (1) of the Public Records Management Act):making available or presenting the work to the public by the head of the National Archives of Japan, etc. pursuant to the provisions of Article 16, paragraph (1) of the Public Records Management Act;

五the author makes available a work not yet made public to the local archives, etc. (unless the author manifests an intention to the contrary by the time of the decision to permit the use of that work under the provisions of public records management ordinance):making available or presenting the work to the public by the head of the local archives, etc. pursuant to the provisions of public records management ordinance.

一a work not yet made public in which information provided for in Article 5, item (i), (b) or (c) or the proviso to Article 5, item (ii) of the Act on Access to Administrative Organs' Information has been recorded is made available or presented to the public by the head of an administrative organ pursuant to the provisions of that Article, or a work not yet made public is made available or presented to the public by the head of an administrative organ pursuant to the provisions of Article 7 of the Act on Access to Administrative Organs' Information;

二a work not yet made public in which information provided for in Article 5, item (i), (b) or (c) or the proviso to Article 5, item (ii) of the Act on Access to Incorporated Administrative Agencies' Information has been recorded is made available or presented to the public by an incorporated administrative agency, etc. pursuant to the provisions of that Article, or a work not yet made public is made available or presented to the public by an incorporated administrative agency, etc. pursuant to the provisions of Article 7 of the Act on Access to Incorporated Administrative Agencies' Information;

三a work not yet made public (limited to a work in which information equivalent to that provided for in Article 5, item (i), (b) or the proviso to Article 5, item (ii) of the Act on Access to Administrative Organs' Information has been recorded) is made available or presented to the public by a local government agency or by a local incorporated administrative agency pursuant to the provisions of information disclosure ordinance (limited to those with provisions equivalent to Article 13, paragraphs (2) and (3) of the Act on Access to Administrative Organs' Information; the same applies in item (v));

四a work not yet made public (limited to a work in which information equivalent to that provided for in Article 5, item (i), (c) of the Act on Access to Administrative Organs' Information has been recorded) is made available or presented to the public by a local government agency or by a local incorporated administrative agency pursuant to the provisions of the Information Disclosure Regulations;

五a work not yet made public is made available or presented to the public by a local government agency or by a local incorporated administrative agency pursuant to the provisions of information disclosure ordinance that are equivalent to the provisions of Article 7 of the Act on Access to Administrative Organs' Information;

六a work not yet made public in which information provided for in Article 5, item (i), (b) or (c) or the proviso to Article 5, item (ii) of the Act on Access to Administrative Organs' Information or information provided for in Article 5, item (i), (b) or (c) or the proviso to Article 5, item (ii) of the Act on Access to Incorporated Administrative Agencies' Information has been recorded is made available or presented to the public by the head of the National Archives of Japan, etc. pursuant to the provisions of Article 16, paragraph (1) the Public Records Management Act;

七a work not yet made public (limited to a work in which information equivalent to that provided for in Article 5, item (i), (b) or the proviso to Article 5, item (ii) of the Act on Access to Administrative Organs' Information has been recorded) is made available or presented to the public by the head of the local archives, etc. pursuant to the provisions of public records management ordinance (limited to ordinance with provisions equivalent to Article 18, paragraphs (2) and (4) of the Public Records Management Act);

八a work not yet made public (limited to a work in which information equivalent to that provided for in Article 5, item (i), (c) of the Act on Access to Administrative Organs' Information has been recorded) is made available or presented to the public by the head of the local archives, etc. pursuant to the provisions of public records management ordinance.

一the work is made available or presented to the public by the head of an administrative organ or by an incorporated administrative agency, etc., a local government agency, or a local incorporated administrative agency pursuant to the provisions of the Act on Access to Administrative Organs' Information, the Act on Access to Incorporated Administrative Agencies' Information, or information disclosure ordinance, and the name of the author is indicated in accordance with how the author has already done so on that work;

二the work is made available or presented to the public by the head of an administrative organ or by an incorporated administrative agency, etc., a local government agency, or a local incorporated administrative agency pursuant to the provisions of Article 6, paragraph (2) of the Act on Access to Administrative Organs' Information, the provisions of Article 6, paragraph (2) of the Act on Access to Incorporated Administrative Agencies' Information, or the provisions of information disclosure ordinance that are equivalent to the provisions of Article 6, paragraph (2) of the Act on Access to Administrative Organs' Information, and it is a case in which the name of the author is to be omitted;

三the work is made available or presented to the public by the head of the National Archives of Japan, etc. or the head of the local archives, etc. pursuant to the provisions of Article 16, paragraph (1) of the Public Records Management Act or the provisions of public records management ordinance (limited to provisions equivalent to the relevant paragraph of the Public Records Management Act) and the name of the author is indicated in accordance with how the author has already done so on that work.

一the alteration of a written character or word, or any other modification made to a work when it is exploited pursuant to the provisions of Article 33, paragraph (1) (including when these apply mutatis mutandis pursuant to paragraph (4) of that Article), Article 33-2, paragraph (1), Article 33-3, paragraph (1), or Article 34, paragraph (1), which is found to be unavoidable for the purpose of school education;

二the modification of an architectural work by means of extension, rebuilding, repair, or remodeling;

三the necessary modifications to make it so that a work of computer programming that otherwise cannot be executed on a particular computer can be executed on that computer, or to make it so that a work of computer programming can be executed more effectively on a computer;

四a modification other than as set forth in the preceding three items, which is found to be unavoidable in light of the nature of the work and the purpose and circumstances of its exploitation.

一an original work or a copy of a work that is transferred to the public by the person that owns the right provided for in the preceding paragraph or a person authorized thereby;

二a copy of a work that is transferred to the public based on a compulsory license under the provisions of Article 67, paragraph (1), Article 67-3, paragraph (1), or Article 69, paragraph (1), or a license under the provisions of Article 5, paragraph (1) of the Act on Special Provisions of the Copyright Act, Required as Consequence of the Enforcement of the Universal Copyright Convention (Act No. 86 of 1956);

三a copy of a work that is transferred to the public based on the application of the provisions of Article 67-2, paragraph (1);

四an original work or a copy of a work that is transferred to exclusive groups made up of a few persons by the person that owns the right provided for in the preceding paragraph or by a person authorized thereby;

五an original work or a copy of a work that is transferred abroad without prejudice to any right equivalent to the right set forth in the preceding paragraph, or that is transferred abroad by the person that owns any right equivalent to the right set forth in that paragraph or a person authorized thereby.

一the right to broadcast the work, and the right to cablecast the broadcast work, transmit the broadcast work via specified input-type automatic public transmission, or publicly communicate the broadcast work through a receiver;

二the right to transmit the work via simultaneous broadcasting, and the right to publicly communicate the work transmitted via simultaneous broadcasting, through a receiver; and

三the right to reproduce the work and to distribute copies of it to other broadcasters.

一the right to cablecast the work and the right to publicly communicate the cablecast work through a receiver;

二the right to transmit the work via simultaneous broadcasting, and the right to publicly communicate the work transmitted via simultaneous broadcasting, through a receiver; and

三the right to reproduce the work and to distribute copies of it to other cablecasters.

一a user reproduces a work by means of an automated duplicator (meaning a device with a function for making reproductions, all or most of whose instruments for making the reproductions are automated) that has been set up for use by the public;

二the reproduction of the work has become possible due to the circumvention of technological protection measures (meaning that the removal or alteration of the signals provided for in Article 2, paragraph (1), item (xx) or any other action that interferes with the effect of the signals (excluding any such action resulting from technological constraints accompanying the conversion of recording or transmission systems) or the restoration of sounds or images of a work, performance, phonogram or broadcast or cablecast which has been converted so as to necessitate a specific conversion as prescribed in that item makes it possible to take an action that the technological protection measures prevent or makes it so that a barrier no longer arises as a result of an action that the technological protection measures deter (other than a restoration made based on the intentions of the person that owns the copyright, etc.); the same applies in Article 113, paragraph (7) and Article 120-2, items (i) and (ii)) or a barrier to reproduction of the work no longer arises as a result of that circumvention, and the user reproduces the work in knowledge of this fact;

三the work is received via an automatic public transmission that infringes on a copyright (including an automatic public transmission that is transmitted abroad and that would constitute copyright infringement if it were transmitted in Japan), and the user records the sounds or visuals of the work in digital format (hereinafter referred to as "specified infringing sound or visual recording" in this item and the following paragraph), in knowledge of the fact that the relevant action constitutes the specified infringing sound or visual recording;

四the work is received via an automatic public transmission that infringes on a copyright (excluding the rights provided in Article 28 (limited to those for a derivative work created by a means other than translation); hereinafter the same applies in this item) (including an automatic public transmission that is transmitted abroad and that would constitute copyright infringement if it were transmitted in Japan), and the user reproduces the work in digital format (excluding sound and visual recording; hereinafter the same applies in this item) (excluding reproduction that is minor in light of the percentage of the reproduced part in the work relevant to the copyright, the accuracy of indications made at the time the part is transmitted via automatic public transmission, and other elements; hereinafter in this item and the following paragraph referred to as "specified infringing reproduction"), in knowledge of the fact that the relevant action constitutes the specified infringing reproduction (excluding cases where there are special reasons for finding that the action would not unreasonably prejudice the interests of the copyright owner in light of the nature or purpose of the work or the circumstances of the specified infringing reproduction).

一if it is done for use in testing to develop or put into practical use technology that is connected with the recording of sounds or visuals of a work or other such exploitation;

二if it is done for use in data analysis (meaning the extraction, comparison, classification, or other statistical analysis of the constituent language, sounds, images, or other elemental data from a large number of works or a large volume of other such data; the same applies in Article 47-5, paragraph (1), item (ii));

三if it is exploited in the course of computer data processing or otherwise exploited in a way that does not involve what is expressed in the work being perceived by the human senses (for works of computer programming, such exploitation excludes the execution of the work on a computer), beyond as set forth in the preceding two items.

一when providing a single user of the library or similar facility with a single copy of a part of a work that has been made public (or the whole of public relations materials, research or statistical materials, reports or any other similar works, which have been prepared by a national or local government agency, incorporated administrative agency, or local incorporated administrative agency with the goal of making them widely known to the general public, and have been made public under the authorship of such agency (referred to as a "publicity material of a national government agency, etc." in the following paragraph and paragraph (2) of the following Article) or any other work specified by Cabinet Order as a work for which there are special reasons for finding that making a copy of the whole of the work available would not unreasonably prejudice the interests of the copyright owner.) in response to the user's request and for the purpose of the user's research or studies;

二when necessary for the purpose of preserving library materials;

三when providing a copy of a library material that is difficult to obtain through normal trade channels because it is out of print or for a similar reason (hereinafter referred to as a "rare or out-of-print material" in this Article), in response to a request from another library or similar facility.

一reproducing library materials as necessary for the transmission to the public as referred to in the following item; and

二transmitting to the public the original or a copy of library materials (limited to such action undertaken by taking measures specified by Order of the Ministry of Education, Culture, Sports, Science and Technology as measures to prevent or deter the making available or presentation of a work in an electronic or magnetic record (meaning a record used in computer data processing that is created in an electronic format, magnetic format, or other format that cannot be perceived with the human senses alone; the same applies hereinafter) prepared by receiving the transmission of the work to the public).

一it has a person responsible for properly implementing the functions related to the transmission to the public under the provisions of the preceding paragraph;

二it provides its personnel engaged in the functions related to the transmission to the public under the provisions of the preceding paragraph with training for properly implementing these functions;

三it takes necessary measures to properly manage user information;

四it takes measures specified by Order of the Ministry of Education, Culture, Sports, Science and Technology as necessary measures to prevent or deter information in an electronic or magnetic record prepared for the transmission to the public under the provisions of the preceding paragraph from being used for a purpose other than the purposes provided for in that paragraph; and

五beyond what is set forth in the preceding items, it takes measures specified by Order of the Ministry of Education, Culture, Sports, Science and Technology as necessary measures to properly implement the functions related to the transmission to the public under the provisions of the preceding paragraph.

一preparing a copy of the work that has been transmitted via automatic public transmission and making the copy available in response to the request of a user of the library or similar facility and to the extent that this is found to be necessary for the user to use it personally; and

二publicly communicating the work that has been transmitted via automatic public transmission, through a receiver (limited to when the library or similar facility undertakes the action without any fee (meaning anything of value received in exchange for making available or presenting a work, regardless of what it is called; the same applies in paragraph (9), item (ii) and Article 38) from a person to whom the work is to be communicated).

一the automatic public transmission is intended for making the work available to the user who has registered their user information with the National Diet Library in advance (referred to as the "pre-registered user" in the following item); and

二the National Diet Library has taken measures to identify the person who intends to receive the automatic public transmission as a pre-registered user at the time of receiving the automatic public transmission.

一reproducing the work that has been transmitted via automatic public transmission, to the extent that this is found to be necessary to use the work personally; and

二publicly communicating the work that has been transmitted via automatic public transmission, through a receiver, in accordance with the requirements provided for in (a) or (b) below according to the category of cases set forth respectively in (a) or (b):

イif the person displays the work in a size that is not larger than the size specified by Cabinet Order as the size that is equal to the display size applied in cases of inspecting the work personally or at home:the person undertakes the action for non-commercial purposes and without charging any fee from a person to whom the work is to be communicated; or

ロin cases other than cases set forth in (a):a facility offered for public use established by the national government, a local government, general incorporated association, general incorporated foundation or any other non-profit corporation, which has personnel equipped with knowledge in law necessary for properly communicating to the public a work that has been transmitted via automatic public transmission, undertakes the action for non-commercial purposes and without charging any fee from a person to whom the work is to be communicated.