The Commissioner of the Agency for Cultural Affairs may not make a designation under the provisions of paragraph (1) of the preceding Article unless the association satisfies the following criteria:
文化庁長官は、次に掲げる要件を備える団体でなければ前条第一項の規定による指定をしてはならない。
it is a general incorporated association;
一般社団法人であること。
in a case involving the compensation for private sound and visual recording set forth in paragraph (1), item (i) of the preceding Article, it has as its members the associations set forth in (a), (c), and (d), or, in a case involving the compensation for private sound and visual recording set forth in item (ii) of that paragraph, it has as its members the associations set forth in (b), (c), and (d):
an association (including a federation of associations) that has as its members persons that own the rights provided for in Article 21 in connection with works associated with private sound recording, and which is recognized as representing, in Japan, the interests of persons that own the right provided for in that Article in connection with works associated with private sound recording;
an association (including a federation of associations) that has as its members persons that own the right provided for in Article 21 in connection with works associated with private visual recording, and which is recognized as representing, in Japan, the interests of persons that own the right provided for in that Article in connection with works associated with private visual recording;
an association (including a federation of associations) that has as its members a considerable number of persons that perform professionally in Japan;
an association (including a federation of associations) that has as its members a considerable number of persons that produce phonograms professionally in Japan;
the associations set forth in (a) through (d) of the preceding item satisfy the following conditions:
前号イからニまでに掲げる団体がそれぞれ次に掲げる要件を備えるものであること。
they are not-for-profit;
営利を目的としないこと。
their members may freely join and leave;
その構成員が任意に加入し、又は脱退することができること。
their members have an equal right to vote on resolutions and in elections;
その構成員の議決権及び選挙権が平等であること。
they have sufficient capacity to properly perform functions involved in exercising the right to receive compensation for private sound and visual recording (including functions involved in the undertaking referred to in Article 104-8, paragraph (1); hereinafter in this Section referred to as "functions connected with compensation") on behalf of the right holders.
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