Article 35Reproduction in Schools and Other Educational Institutions; Related Matters
第三十五条(学校その他の教育機関における複製等)
A person in charge of teaching or a person taking classes at a school or other educational institution (except one founded for commercial purposes) may reproduce a work that has been made public or transmit that work to the public (including making that work available for transmission, if it is to be transmitted to the public via automatic public transmission; hereinafter the same applies in this Article), or publicly communicate a work that has been made public and is transmitted to the public through a receiver to the extent that is found to be necessary if the purpose of doing so is exploitation in the course of those classes; provided, however, that this does not apply if the action would unreasonably prejudice the interests of the copyright owner in light of the nature and purpose of the work, the number of copies that would be made, and the circumstances of its reproduction, public transmission, or transmission.
If a work is transmitted to the public pursuant to the provision of the preceding paragraph, a person that establishes an educational institution referred to in that paragraph must pay the copyright owner a reasonable amount of compensation.
The provisions of the preceding paragraph do not apply if, in the course of the classes at an educational institution referred to in paragraph (1), the original or copies of a work that has been made public are made available or presented to persons who directly attend a class and thus exploited, or if that work is exploited through a stage performance, musical performance, on-screen presentation, or recitation for those persons pursuant to the provisions of Article 38, paragraph (1), and that work is transmitted to the public for any persons taking that class simultaneously at a place other than that where the class is being held.
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(Reproduction in Schools and Other Educational Institutions; Related Matters)
A person in charge of teaching or a person taking classes at a school or other educational institution (except one founded for commercial purposes) may reproduce a work that has been made public or…
学校その他の教育機関(営利を目的として設置されているものを除く。)において教育を担任する者及び授業を受ける者は、その授業の過程における利用に供することを目的とする場合には、その必要と認められる限度において、公表された著作物を複製し…
Open this provision(Reproduction in Schools and Other Educational Institutions; Related Matters)
A person in charge of teaching or a person taking classes at a school or other educational institution (except one founded for commercial purposes) may reproduce a work that has been made public or…
学校その他の教育機関(営利を目的として設置されているものを除く。)において教育を担任する者及び授業を受ける者は、その授業の過程における利用に供することを目的とする場合には、その必要と認められる限度において、公表された著作物を複製し…
Open this provision(Reproduction in Schools and Other Educational Institutions; Related Matters)
If a work is transmitted to the public pursuant to the provision of the preceding paragraph, a person that establishes an educational institution referred to in that paragraph must pay the copyright…
前項の規定により公衆送信を行う場合には、同項の教育機関を設置する者は、相当な額の補償金を著作権者に支払わなければならない。
Open this provision(Stage Performances for Non-Commercial Purposes)
It is permissible to publicly give a stage performance or a musical performance, make an on-screen presentation, or give a recitation of a work that has been made public…
公表された著作物は、営利を目的とせず、かつ、聴衆又は観衆から料金を受けない場合には、公に上演し、演奏し、上映し、又は口述することができる。ただし、当該上演、演奏、上映又は口述について実演家又は口述を行う者に対し報酬が支払われる場合は、この限りでない。
Open this provisionpublic transmissioncorrected by this site
「公衆送信」
Transmitting by radio or wire communication so that the public receives it directly, other than transmitting by telecommunications equipment whose parts are all within the same premises (or, where several occupy the premises, within the area one occupies), unless what is sent is a computer program work.
Defined inArticle 2, paragraph (1), item (vii-2)· applies throughout the law
automatic public transmission
「自動公衆送信」
A transmission to the public (公衆送信) made automatically in response to requests from the public, other than broadcasting or cablecasting.
Defined inArticle 2, paragraph (1), item (ix-4)· 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
reproduction
「複製」
Reproducing a work in tangible form by printing, photography, photocopying, sound or visual recording or any other means; for a script or similar work for the stage it includes recording a stage performance, broadcast or cablecast of it, and for an architectural work it includes completing a building according to its architectural drawings.
Defined inArticle 2, paragraph (1), item (xv)· applies throughout the law
on-screen presentation
「上映」
Projecting a work (other than one being transmitted to the public) onto a screen or any other surface, including playing back, along with it, the sounds fixed in a cinematographic work (映画の著作物).
Defined inArticle 2, paragraph (1), item (xvii)· applies throughout the law
stage performance
「上演」
Under Article 2, paragraph (7), a stage performance (上演) also includes playing back a recording of one (unless that is a transmission to the public or an on-screen presentation) and relaying one by telecommunications equipment (unless that is a transmission to the public).
Defined inArticle 2, paragraph (7)· applies throughout the law
recitation
「口述」
Under Article 2, paragraph (7), recitation (口述) also includes playing back a recording of one (unless that is a transmission to the public or an on-screen presentation) and relaying one by telecommunications equipment (unless that is a transmission to the public).
Defined inArticle 2, paragraph (7)· applies throughout the law
musical performance
「演奏」
A musical performance of a work, including singing (Article 2, paragraph (1), item (xvi)), which under Article 2, paragraph (7) also includes playing back a recording of one (unless that is a transmission to the public or an on-screen presentation) and relaying one by telecommunications equipment (unless that is a transmission to the public).
Defined inArticle 2, paragraph (7)· applies throughout the law
work
「著作物」
In Subsection 5 of Section 3 of Chapter II, a work (著作物) in the narrow sense that is the subject of a copyright, not the wider 著作物等 (works, performances, phonograms, broadcasts and cablecasts) that the Ministry's English also calls 'work'.
Short name set inArticle 30, paragraph (1)· applies only in this subsection