Article 113Acts Deemed to Constitute Infringement

①The following acts are deemed to constitute infringement of the moral rights of the author, the copyright, the print rights, the moral rights of the performer, or the neighboring rights:

②The facilitation of the exploitation of an infringing work (meaning a work that has been made available for transmission by infringing a copyright (excluding the rights provided in Article 28 (limited to those for a derivative work created by a method other than translation); hereinafter the same applies in this paragraph and the following paragraph), a print right, or neighboring rights; and including a work that has been made available for transmission abroad where such action would constitute infringement of any of these rights if it were undertaken in Japan; hereinafter the same applies in this paragraph and the following paragraph) by others through the provision of a transmitter identification code, or of any code other than a transmitter identification code or any other information the provision of which has an effect that is identical or similar to the provision of a transmitter identification code (hereinafter in this paragraph and the following paragraph referred to as "transmitter identification code, etc.") (this act is referred to as "facilitation of the exploitation of an infringing work" in the following paragraph), which is carried out on a website, etc. set forth in item (i) (referred to as a "website, etc. facilitating the exploitation of an infringing work" in the following paragraph and Article 119, paragraph (2), item (iv)) or with the use of a computer program set forth in item (ii) (referred to as a "computer program facilitating the exploitation of an infringing work" in the following paragraph and paragraph (2), item (v) of the same Article), is deemed to constitute infringement of the copyright, print right or neighboring rights for the infringing work, if the person carrying out the relevant act knew, or there are reasonable grounds to find that the person could have known, that the work involved in the act was an infringing work:

③If a person presenting a website, etc. facilitating the exploitation of an infringing work to the public (excluding a person merely providing the opportunity to present it to the public on a website, etc. that includes the website, etc. facilitating the exploitation of an infringing work and a considerable number of other websites, etc. (excluding cases where that person has, continuously for a considerable period of time and without reasonable grounds, failed to comply with a request from the copyright owner, etc. for the deletion of the infringing transmitter identification codes, etc. provided on the website, etc. facilitating the exploitation of an infringing work or there are other special circumstances under which the person's action is found to unreasonably prejudice the interests of the copyright owner)) or a person making available or presenting a computer program facilitating the exploitation of an infringing work to the public (excluding a person merely providing the opportunity to make available or present the computer program facilitating the exploitation of an infringing work to the public on a website, etc. that includes the website, etc. used for making available or presenting the computer program to the public and a considerable number of other websites, etc. or on a website, etc. used for making available or presenting to the public the computer program facilitating the exploitation of an infringing work and a considerable number of computer programs (excluding cases where that person has, continuously for a considerable period of time and without reasonable grounds, failed to comply with a request from the copyright owner, etc. for the deletion of the infringing transmitter identification codes, etc. provided by means of the computer program facilitating the exploitation of an infringing work or there are other special circumstances under which the person's action is found to unreasonably prejudice the interests of the copyright owner)) fails to take measures to prevent the facilitation of the exploitation of the infringing work although it is technically possible to take these measures, in cases where transmitter identification codes, etc. for the facilitation of the exploitation of the infringing work by others are provided on the website, etc. facilitating the exploitation of an infringing work or with the use of the computer program facilitating the exploitation of an infringing work, and the person knew, or there are reasonable grounds to find that the person could have known, that the work involved in the transmitter identification codes, etc. was an infringing work, the person's failure to take those measures is deemed to constitute infringement of the copyright, print right or neighboring rights for the infringing work

④The website, etc. provided for in the preceding two paragraphs means a collection of webpages (meaning electronic or magnetic records provided for inspection of information using the internet, which are specified by Order of the Ministry of Education, Culture, Sports, Science and Technology; hereinafter the same applies in this paragraph) that have a common part in the transmitter identification code to be used to identify each computer on the internet (including multiple webpages that constitute part of the collection, which satisfy the requirements specified by Cabinet Order as those that are found to be presented to the public in an integrated manner in light of circumstances such as the relationships between the webpages).

⑤The use of a copy made through an act that infringes the copyright to a work of computer programming (including copies made by the owner of such copies pursuant to the provisions of Article 47-3, paragraph (1) as well as copies of a work of computer programming imported as referred to paragraph (1), item (i) and copies made by the owner of such imported copies pursuant to the provisions of Article 47-3, paragraph (1)) on a computer in the course of business is deemed to constitute an infringement of the copyright, but only if the person using such copy had knowledge of such infringement at the time that the person acquired the title to use the copy.

⑥The circumvention of technological exploitation restriction measures (meaning making it possible to view or listen to a work that technological exploitation restriction measures have been used to restrict from being view or listened to, by hindering the effect of those technological exploitation restriction measures (unless this is done based on the intent of the copyright owner, etc.); the same applies in the following paragraph and Article 120-2, items (i) and (ii)) is deemed to constitute infringement of the copyright, print rights, or neighboring rights connected to those technological exploitation restriction measures unless this is done within a scope that is justified for the purpose of research or technological development in connection with technological exploitation restriction measures, or otherwise does not harm the interests of the copyright owner, etc.

⑦An act of transferring or renting to the public a command code (meaning a command to a computer by which alone a single result can be obtained) with a function that circumvents technological protection measures or technological exploitation restriction measures, manufacturing, importing, or possessing such a command code for the purpose of transferring or renting it to the public, offering such a command code for public use, transmitting such a command code to the public or making it available for transmission is deemed to constitute infringement of the copyright, etc. relevant to the technological protection measures or the copyright, print right or neighboring rights relevant to the technological exploitation restriction measures.

⑧The following acts are deemed to constitute infringement of the moral rights of the author, the copyright, the print right, the moral rights of the performer, or the neighboring rights to which the relevant rights management information pertains:

⑨With regard to the application of the provisions of the preceding paragraph, the right to receive the remuneration provided for in Article 94-2; Article 95-3, paragraph (3); and Article 97-3, paragraph (3) and the right to receive the secondary use fees provided for in Article 95, paragraph (1) and Article 97, paragraph (1) are deemed to be neighboring rights. In this case, in the preceding Article, the phrase "owner of neighboring rights" is deemed to be replaced with "owner of neighboring rights (including the owner of rights deemed to be neighboring rights pursuant to the provisions of paragraph (9) of the following Article)", and in paragraph (1) of the preceding Article, the phrase "neighboring rights" is deemed to be replaced with "neighboring rights (including the rights deemed to be neighboring rights pursuant to the provisions of paragraph (9) of the following Article)".

⑩If the owner of a copyright or neighboring rights that personally publishes or allows another person to publish a commercial phonogram intended for distribution in Japan (hereinafter in this paragraph referred to as a "commercial phonogram for domestic distribution") personally publishes or allows another person to publish abroad a commercial phonogram that is the same as the commercial phonogram for domestic distribution but that is intended exclusively for distribution abroad (hereinafter in this paragraph referred to as a "commercial phonogram for foreign distribution"), the knowing importation of the commercial phonogram for foreign distribution for the purpose of distribution in Japan; the knowing distribution in Japan of the commercial phonogram for foreign distribution; or the knowing possession of the commercial phonogram for foreign distribution for the purpose of distribution in Japan, is only deemed to constitute an act that infringes the copyright or neighboring rights of the copyright owner or the owner of neighboring rights if the profits that these persons would foreseeably obtain through the publication of the commercial phonogram for domestic distribution are unreasonably adversely affected by the distribution in Japan of the commercial phonogram for foreign distribution; provided, however, that this does not apply with regard to the importation, distribution in Japan, or possession for the purpose of distribution in Japan, of a commercial phonogram for foreign distribution that is the same as a commercial phonogram for domestic distribution which has passed beyond the Cabinet-Order-specified period of not more than seven years counting from the day on which that phonogram is first published in Japan.

⑪The exploitation of a work in a way that is prejudicial to the honor or reputation of the author is deemed to constitute an infringement of the author's moral rights.