Supplementary Provisions, Article 2Transitional Measures for the Use of Copies
第二条（複製物の使用についての経過措置）
Notwithstanding the provisions of Article 49 of the Copyright Act as amended under this Act (hereinafter referred to as "the new Act"), prior laws continue to govern the use of copies of works created based on the application of the provisions of Article 30-4 or Articles 47-4 through 47-9 of the Copyright Act prior to its amendment under this Act (hereinafter referred to as "the former Act"), copies of derivative works created in accordance with the provisions of Article 30, paragraph (1); Article 31, paragraph (1), item (i) or the second sentence of paragraph (3); Article 33-2, paragraph (1); Article 35, paragraph (1); Article 37, paragraph (3); the main clause of Article 37-2; Article 41; or Article 42 of the former Act based on the application of the provisions of Article 43 of the former Act, and copies of derivative works created in accordance with the provisions of Article 30-3 or Article 47-3, paragraph (1) of the former Act created before the date this Act comes into effect (hereinafter referred to as the "effective date"). In such a case, the term "presented to the public" in Article 49, paragraph (1), item (i) of the former Act and "presented to the public" in Article 49, paragraph (1), item (iii) and paragraph (2), items (i) and (ii) of the former Act are deemed to be replaced with "conducted a presentation to the public (including making it available for transmission; the same applies hereinafter in this Article)" and "conducted a presentation to the public", respectively.
この法律の施行の日（以下「施行日」という。）前にこの法律による改正前の著作権法（以下「旧法」という。）第三十条の四若しくは第四十七条の四から第四十七条の九までの規定の適用を受けて作成された著作物の複製物、旧法第四十三条の規定の適用を受けて旧法第三十条第一項、第三十一条第一項第一号若しくは第三項後段、第三十三条の二第一項、第三十五条第一項、第三十七条第三項、第三十七条の二本文、第四十一条若しくは第四十二条の規定に従い作成された二次的著作物の複製物又は旧法第三十条の三若しくは第四十七条の三第一項の規定の適用を受けて作成された二次的著作物の複製物の使用については、この法律による改正後の著作権法（以下「新法」という。）第四十九条の規定にかかわらず、なお従前の例による。この場合において、旧法第四十九条第一項第一号中「を公衆に提示した」とあるのは「の公衆への提示（送信可能化を含む。以下この条において同じ。）を行つた」と、同項第三号並びに同条第二項第一号及び第二号中「を公衆に提示した」とあるのは「の公衆への提示を行つた」とする。
Notwithstanding the provisions of Article 102, paragraph (9) of the new Act, prior laws continue to govern the use of copies of sounds or images connected with performances, phonograms, broadcasts or cablecasts created before the effective date based on the application of the provisions of Article 30-4 or Articles 47-4 through 47-9 of the former Act applied mutatis mutandis pursuant to Article 102, paragraph (1) of the former Act. In such a case, the terms "presented to the public" in Article 102, paragraph (9), item (i) of the former Act and "presented to the public" in Article 102, paragraph (9), item (viii) of the former Act are deemed to be replaced with "conducted a presentation to the public (including making it available for transmission; the same applies in item (viii))" and "conducted a presentation to the public", respectively.
(Limitations on Neighboring Rights)
The persons set forth in the following are deemed to have recorded the sound or visuals of a performance, etc. or to have reproduced a performance, etc. pursuant to Article 91, paragraph (1)…
次に掲げる者は、第九十一条第一項、第九十六条、第九十八条又は第百条の二の録音、録画又は複製を行つたものとみなす。
Open this provision(Use of a Copy Other than for Its Intended Purpose)
The following persons are deemed to have undertaken the reproduction referred to in Article 21:
次に掲げる者は、第二十一条の複製を行つたものとみなす。
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
performancecorrected by this site
「実演」
Performing a work by acting it out, dancing, playing music, singing, delivering, reciting or any other means, including similar acts of an entertaining nature that do not perform a work.
Defined inArticle 2, paragraph (1), item (iii)· applies throughout the law
phonogram
「レコード」
Sounds fixed on a phonograph record, recording tape or any other medium, other than sounds fixed to be played back only together with images.
Defined inArticle 2, paragraph (1), item (v)· 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
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
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
derivative work
「二次的著作物」
A work created by translating, arranging, transforming, dramatising, making into a film, or otherwise adapting an existing work.
Defined inArticle 2, paragraph (1), item (xi)· applies throughout the law
the public
「公衆」
The public, including a large number of specific persons and not only people at large.
Defined inArticle 2, paragraph (5)· applies throughout the law
the new Act
「新法」
This Act as amended by Act No. 30 of 2018.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
the effective datemachine translation
「施行日」
The date Act No. 30 of 2018, the amending Act these supplementary provisions (附則) belong to, comes into effect.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
the former Act
「旧法」
This Act as it stood before Act No. 30 of 2018 amended it.
Short name set inSupplementary Provisions, Article 2, paragraph (1)