Article 102Limitations on Neighboring Rights

②If a performance or phonogram or sounds or images from a broadcast or cablecast (hereinafter referred to as a "performance, etc.") are reproduced pursuant to the provisions of Article 32; 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); Article 37, paragraph (3); Article 37-2; Article 41-2, paragraph (1); Article 42; Article 42-2, paragraph (1); or Article 47, as applied mutatis mutandis pursuant to the preceding paragraph, or are reproduced pursuant to the provisions of the following paragraph or paragraph (4), and it is common practice to indicate the source, the source must be clearly indicated in the manner and to the extent considered reasonable for the circumstances of the reproduction.

③If it is permissible to reproduce a work printed in a school textbook pursuant to the provisions of Article 33-3, paragraph (1), it is also permissible to reproduce any performance whose sound has been recorded in a sound recording made based on the application of the provisions of that paragraph, to reproduce any phonogram associated with the relevant sound recording, and to present the performance or phonogram to the public through the transfer of copies thereof, for the purpose referred to in that paragraph.

④If a person set forth by Cabinet Order that is as referred to in Article 37, paragraph (3) and that engages in an undertaking related to the welfare of persons with visual and other such impairments is permitted to reproduce a visual work pursuant to the provisions of that paragraph, that person may also reproduce any performance whose sound has been recorded in a sound recording made based on the application of the provisions of that paragraph, may reproduce any phonogram associated with such sound recording, may make the performance or phonogram available for transmission, and may present the performance or phonogram to the public through the transfer of copies thereof, for the purpose referred to in that paragraph.

⑤A broadcast performance that is the subject of neighboring rights may be transmitted via area-limited specified input-type automatic public transmission; provided, however, that this does not apply if doing so would prejudice the rights of the person that owns the rights provided for in Article 99-2, paragraph (1) with respect to that broadcast.

⑥Unless the provisions of Article 38, paragraph (2) as applied mutatis mutandis pursuant to paragraph (1) of this Article are applicable, a person that makes a performance available for transmission pursuant to the provisions of the preceding paragraph must pay a reasonable amount of compensation to the owner of the right set forth in Article 92-2, paragraph (1) with respect to that performance.

⑦The provisions of the preceding two paragraphs apply mutatis mutandis to the exploitation of a phonogram that is the subject of neighboring rights. In this case, in the preceding paragraph, the phrase "Article 92-2, paragraph (1)" is deemed to be replaced with "Article 96-2".

⑧If it is permissible for a person to broadcast or cablecast a work pursuant to the provisions of Article 39, paragraph (1) or Article 40, paragraph (1) or (2), it is also permissible for the person to cablecast the work or use a special instrument that enlarges images to communicate the work to the public based on the receipt of that broadcast or cablecast transmission, and to transmit such a broadcast transmission via area-limited specified input-type automatic public transmission.

⑨The 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), Article 96, Article 98 or Article 100-2: