Supplementary Provisions
附 則
Supplementary Provisions, Article 1Effective Date
第一条(施行期日)
This Act comes into effect on January 1, 1971.
この法律は、昭和四十六年一月一日から施行する。
Supplementary Provisions, Article 2Transitional Measures with Regard to the Scope of Application
第二条(適用範囲についての経過措置)
Provisions of the post-amendment Copyright Act (hereinafter referred to as "the new Act") that concern copyright do not apply to a work for which the entirety of the copyright under the pre-amendment Copyright Act (hereinafter referred to as "the former Act") has expired as of the time this Act comes into effect.
If part of the copyright to a work under the former Act has expired as of the time this Act comes into effect, the corresponding provisions of the new Act that concern the expired part of the copyright do not apply to that work.
Notwithstanding the provisions of Articles 7 and 8 of the new Act, the provisions of the Copyright Act that concern neighboring rights (including the provisions of Articles 94-2 and 95; Article 95-3, paragraphs (3) and (4); Article 97; and Article 97-3, paragraphs (3) through (5)) apply to a performance that takes place before this Act comes into effect (excluding a performance falling under one of the items of Article 7 of the new Act) and to a phonogram in which sounds are first fixed before this Act comes into effect (excluding a phonogram falling under one of the items of Article 8 of the new Act) for which a copyright under the former Act exists at the time this Act comes into effect.
Supplementary Provisions, Article 3Transitional Measures for Translations Made by the National or Local Government or an Equivalent Corporation
第三条(国等が作成した翻訳物等についての経過措置)
The provisions of Article 13, item (iv) of the new Act do not apply to a work that falls under that item on which print rights under the former Act have been established as of the time this Act comes into effect, but only within the lifetime of those print rights.
Supplementary Provisions, Article 4Transitional Measures for the Author of a Work Attributed to a Corporation
第四条(法人名義の著作物等の著作者についての経過措置)
The provisions of Articles 15 and 16 of the new Act do not apply to a work created before this Act comes into effect.
Supplementary Provisions, Article 5Transitional Measures for the Ownership of Copyrights to Cinematographic Works
第五条(映画の著作物等の著作権の帰属についての経過措置)
Prior laws continue to govern the ownership of a copyright to a cinematographic as provided in Article 29 of the new Act which has been created before this Act comes into effect.
The provisions of the new Act do not preclude the validity, pursuant to the provisions of Article 24 or 25 of the former Act, of the ownership of a copyright to a photographic work that is included in another work before this Act comes into effect, or the ownership of a copyright to a work of photographic portraiture created on commission before this Act comes into effect from becoming valid pursuant to the provisions of Article 24 or 25 of the former Act.
Supplementary Provisions, Article 5-2Transitional Measures for Automated Duplicators
第五条の二(自動複製機器についての経過措置)
With regard to the application of the provisions of Article 30, paragraph (1), item (i) and Article 119, paragraph (2), item (ii) of the Copyright Act, until otherwise provided for by law, the automated duplicators prescribed in these provisions do not include those exclusively used for reproducing documents or pictures.
著作権法第三十条第一項第一号及び第百十九条第二項第二号の規定の適用については、当分の間、これらの規定に規定する自動複製機器には、専ら文書又は図画の複製に供するものを含まないものとする。
Supplementary Provisions, Article 6Transitional Measures for Artistic Works on Public Display
第六条(公開の美術の著作物についての経過措置)
The owner of a copyright to an artistic work the original of which is permanently installed in the outdoor location provided for in Article 45, paragraph (2) of the new Act as of the time this Act comes into effect is deemed to have authorized the exhibition of that work through its installation.
この法律の施行の際現にその原作品が新法第四十五条第二項に規定する屋外の場所に恒常的に設置されている美術の著作物の著作権者は、その設置による当該著作物の展示を許諾したものとみなす。
Supplementary Provisions, Article 7Transitional Measures for the Term of Protection
第七条(著作物の保護期間についての経過措置)
If the duration of copyright under the former Act for a work made public before this Act comes into effect is longer than the period under Chapter II, Section 4 of the new Act, prior laws continue to govern the duration of copyright for that work.
Supplementary Provisions, Article 8Transitional Measures for the Duration of the Right of Translation
第八条(翻訳権の存続期間についての経過措置)
The provisions of Articles 7 and 9 of the former Act remain in force for a work published before this Act comes into effect.
この法律の施行前に発行された著作物については、旧法第七条及び第九条の規定は、なおその効力を有する。
Supplementary Provisions, Article 9Transitional Measures for the Disposal of a Copyright
第九条(著作権の処分についての経過措置)
Except in a case falling under the provisions of Article 15, paragraph (1) of the Supplementary Provisions, a transfer or other disposal of a copyright as referred to the former Act, which is carried out before this Act comes into effect, is deemed to be the corresponding transfer or other disposal of a copyright as referred to in the new Act.
Supplementary Provisions, Article 10Transitional Measures for Joint Works
第十条(合著作物についての経過措置)
The provisions of Article 13, paragraphs (1) and (3) of the former Act remain in force for a work created before this Act comes into effect by two or more persons whose contributions to the work can be separated so as to allow each part of the work to be used independently.
この法律の施行前に二人以上の者が共同して創作した著作物でその各人の寄与を分離して個別的に利用することができるものについては、旧法第十三条第一項及び第三項の規定は、なおその効力を有する。
With regard to the application of the provisions of Article 51, paragraph (2) and Article 52, paragraph (1) of the new Act, the work referred to in the preceding paragraph is deemed to be a joint work.
前項の著作物は、新法第五十一条第二項又は第五十二条第一項の規定の適用については、共同著作物とみなす。
Supplementary Provisions, Article 11Transitional Measures for the Exploitation of a Work Based on a Compulsory License
第十一条(裁定による著作物の利用についての経過措置)
The provisions of Article 69 of the new Act do not apply to a sound recording for producing another commercial phonogram of a musical work whose sound has been recorded onto a commercial phonogram that is sold in Japan before this Act comes into effect.
The person that was to be entitled to exploit a work pursuant to the provisions of Article 22-5, paragraph (2) or Article 27, paragraph (1) or (2) of the former Act is entitled to exploit that work pursuant to continued governance by the provisions previously in force.
旧法第二十二条ノ五第二項又は第二十七条第一項若しくは第二項の規定により著作物を利用することができることとされた者は、なお従前の例により当該著作物を利用することができる。
The amount of compensation fixed by the Commissioner of the Agency for Cultural Affairs pursuant to the provisions of Article 22-5, paragraph (2) or Article 27, paragraph (2) of the former Act is deemed to be the amount of compensation fixed pursuant to the provisions of Article 68, paragraph (1) or Article 67, paragraph (1) of the new Act, and the provisions of Articles 72 and 73 of the new Act apply.
旧法第二十二条ノ五第二項又は第二十七条第二項の規定に基づき文化庁長官が定めた償金の額は、新法第六十八条第一項又は第六十七条第一項の規定に基づき文化庁長官が定めた補償金の額とみなして、新法第七十二条及び第七十三条の規定を適用する。
In a case referred to in the preceding paragraph, if a party that is dissatisfied with the relevant amount of compensation learns of the issuance of a compulsory license before this Act comes into effect, the period provided for in Article 72, paragraph (1) of the new Act is calculated as from the date on which this Act comes into effect.
前項の場合において、当該償金の額について不服のある当事者が裁定のあつたことをこの法律の施行前に知つているときは、新法第七十二条第一項に規定する期間は、この法律の施行の日から起算する。
Supplementary Provisions, Article 12Transitional Measures for Registrations
第十二条(登録についての経過措置)
Except in a case falling under the provisions of Article 15, paragraph (3) of the Supplementary Provisions, a disposition or process connected with the registration of a copyright, registration of the author's true name, or registration of the date of first publication as referred to in Article 15 of the former Act is deemed to be the disposition or process connected with the corresponding registration as referred to in Article 75 to Article 77 of the new Act.
この法律の施行前にした旧法第十五条の著作権の登録、実名の登録及び第一発行年月日の登録に関する処分又は手続は、附則第十五条第三項の規定に該当する場合を除き、これらに相当する新法第七十五条から第七十七条までの登録に関する処分又は手続とみなす。
The provisions of Article 35, paragraph (5) of the former Act remain in force for a work whose date of authorship is registered as referred to in Article 15, paragraph (3) of the former Act as of the time this Act comes into effect.
この法律の施行の際現に旧法第十五条第三項の著作年月日の登録がされている著作物については、旧法第三十五条第五項の規定は、なおその効力を有する。
Supplementary Provisions, Article 13Transitional Measures for Print Rights
第十三条(出版権についての経過措置)
Print rights under the former Act that are established before this Act comes into effect and that exist as of the time this Act comes into effect are deemed to be print rights under the new Act.
A disposition or process connected with the registration of print rights as referred to in Article 28-10 of the former Act that is done before this Act comes into effect is deemed to be the corresponding disposition or process connected with the registration as referred to in Article 88 of the new Act.
この法律の施行前にした旧法第二十八条ノ十の出版権の登録に関する処分又は手続は、これに相当する新法第八十八条の登録に関する処分又は手続とみなす。
Notwithstanding the provisions of Articles 80 through 85 of the new Act, the provisions of Articles 28-3 to 28-8 of the former Act remain in force for the print rights referred to in paragraph (1) of this Article.
第一項の出版権については、新法第八十条から第八十五条までの規定にかかわらず、旧法第二十八条ノ三から第二十八条ノ八までの規定は、なおその効力を有する。
Supplementary Provisions, Article 14
第十四条
Deleted
削除
Supplementary Provisions, Article 15Transitional Measures for Neighboring Rights
第十五条(著作隣接権についての経過措置)
A transfer or other disposal of a copyright referred to in the former Act that is carried out before this Act comes into effect, which is connected with a performance that takes place before this Act comes into effect or with a phonogram in which sounds are first fixed before this Act comes into effect and to which the provisions of the new Act that concern neighboring rights begin to apply from the date on which this Act comes into effect, is deemed to be a transfer or other disposal of the corresponding neighboring rights referred to in the new Act.
Notwithstanding the provisions of Article 101 of the new Act, if the day on which the duration of copyright expires under the former Act is after the day on which the duration expires under the provisions of Article 101 of the new Act, the duration of neighboring rights linked to a performance or phonogram which is provided for in the preceding paragraph and for which a copyright under the former Act exists at the time this Act comes into effect is until the day on which the duration of copyright expires under the former Act (or, if this falls after the day that marks the passage of 70 years counting from the day on which this Act comes into effect, the duration of such neighboring rights is until the day that marks the passage of those 70 years).
A disposition or other process connected with the registration of a copyright as referred to Article 15, paragraph (1) of the former Act, which is made for a performance or phonogram provided for in paragraph (1) of this Article before this Act comes into effect, is deemed to be the disposition or other process connected with the corresponding registration of neighboring rights as referred to in Article 104 of the new Act.
The provisions of Article 10, paragraph (1) and Article 12, paragraph (2) of the Supplementary Provisions apply mutatis mutandis to the performance or phonograms provided for in paragraph (1) of this Article.
Supplementary Provisions, Article 16Transitional Measures for the Distribution of Copies
第十六条(複製物の頒布等についての経過措置)
Copies of a work, performance, or phonogram which have been made before this Act comes into effect and which would be lawful if the provisions of Chapter II, Section 3, Subsection 5 of the new Act (including as applied mutatis mutandis pursuant to Article 102, paragraph (1) of the new Act) were to be applied, may be used or distributed within the scope of the purposes of reproduction set forth in those provisions. In such a case, the provisions of Article 113, paragraph (1), item (ii) of the new Act do not apply.
Supplementary Provisions, Article 17Transitional Measures for Infringement
第十七条(権利侵害についての経過措置)
With regard to an act committed before this Act comes into effect in violation of Article 18, paragraph (1) or (2) of the former Act, or an act that constitutes counterfeiting as provided for in Chapter III of the former Act (including an act that infringes print rights), notwithstanding the provisions of Article 14 and Chapter VIII, the provisions of Article 12, Article 28-11, Article 29, Article 33, Article 34, Article 35, paragraphs (1) through (4), Article 36, and Article 36-2 of the former Act then in force continue to govern.
この法律の施行前にした旧法第十八条第一項若しくは第二項の規定に違反する行為又は旧法第三章に規定する偽作に該当する行為(出版権を侵害する行為を含む。)については、第十四条及び第八章の規定にかかわらず、なお旧法第十二条、第二十八条ノ十一、第二十九条、第三十三条、第三十四条、第三十五条第一項から第四項まで、第三十六条及び第三十六条ノ二の規定の例による。
Supplementary Provisions, Article 18Transitional Measures for Penal Provisions
第十八条(罰則についての経過措置)
Prior laws continue to govern the applicability of penal provisions to an action that a person undertakes before this Act comes into effect.
この法律の施行前にした行為に対する罰則の適用については、なお従前の例による。