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, if this is done for non-commercial purposes and without charging a fee to the listening or viewing audience; provided, however, that this does not apply if a performer or reciter is paid any remuneration for the stage performance, musical performance, on-screen presentation, or recitation.
It is permissible to cablecast a broadcast work or to transmit such a work via area-limited specified input-type automatic public transmission for non-commercial purposes and without charging a fee to the listening or viewing audience, with the objective of allowing an exclusive audience within the service area that the broadcast is intended for to receive that broadcast.
放送される著作物は、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、有線放送し、又は地域限定特定入力型自動公衆送信を行うことができる。
It is permissible to publicly communicate a work that is broadcast, cablecast, transmitted via specified input-type automatic public transmission or transmitted via simultaneous broadcasting (excluding simultaneous broadcasting that commences after the broadcast or cablecast is finished), through a receiver for non-commercial purposes and without charging a fee to the listening or viewing audience. The same applies if the work is communicated publicly through a receiver commonly used in a household.
It is permissible to make available to the public a work that has been made public (except a cinematographic work) by renting out copies of that work (if the work is one that has been reproduced in a cinematographic work, this excludes making that work available to the public by renting out copies of the cinematographic work), if this is done for non-commercial purposes and without charging a fee to persons renting copies of the work.
An audiovisual education facility or any other facility (excluding one set in place for commercial purposes), designated by Cabinet Order, that aims to offer cinematographic films and other audiovisual materials for public use, or a person, provided for by Cabinet Order as referred to in the preceding Article, that is engaged in an undertaking related to the welfare of persons with hearing impairments, etc. (limited to a person concerned with item (ii) of that Article, and excluding a person that engages in that undertaking for commercial purposes) may distribute a cinematographic work that has been made public, by renting out copies of it, if it does so without charging a fee to the persons renting copies of the work. In this case, the person distributing the work must pay a reasonable amount of compensation to the owner of the right set forth in Article 26 (including paying such compensation to the person that, pursuant to the provisions of Article 28, owns the same right to the relevant work as the right set forth in Article 26) for the cinematographic work or the work reproduced in that cinematographic work.
映画フィルムその他の視聴覚資料を公衆の利用に供することを目的とする視聴覚教育施設その他の施設(営利を目的として設置されているものを除く。)で政令で定めるもの及び聴覚障害者等の福祉に関する事業を行う者で前条の政令で定めるもの(同条第二号に係るものに限り、営利を目的として当該事業を行うものを除く。)は、公表された映画の著作物を、その複製物の貸与を受ける者から料金を受けない場合には、その複製物の貸与により頒布することができる。この場合において、当該頒布を行う者は、当該映画の著作物又は当該映画の著作物において複製されている著作物につき第二十六条に規定する権利を有する者(第二十八条の規定により第二十六条に規定する権利と同一の権利を有する者を含む。)に相当な額の補償金を支払わなければならない。
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(Distribution Rights)
The author of a cinematographic work has the exclusive right to distribute copies of that cinematographic work.
著作者は、その映画の著作物をその複製物により頒布する権利を専有する。
Open this provision(Rights of the Original Author in Connection with the Exploitation of a Derivative Work)
The author of the original work underlying a derivative work holds exclusive rights in the same categories as the rights prescribed in this Subsection that the author of the derivative work holds in…
二次的著作物の原著作物の著作者は、当該二次的著作物の利用に関し、この款に規定する権利で当該二次的著作物の著作者が有するものと同一の種類の権利を専有する。
Open this provision(Reproduction for Persons with Hearing Impairments; Related Matters)
The person set forth by Cabinet Order for each type of exploitation set forth in the following items that engages in an undertaking related to the welfare of persons with hearing impairments and…
聴覚障害者その他聴覚による表現の認識に障害のある者(以下この条及び次条第五項において「聴覚障害者等」という。)の福祉に関する事業を行う者で次の各号に掲げる利用の区分に応じて政令で定めるものは、公表された著作物であつて…
Open this provision(Reproduction for Persons with Hearing Impairments; Related Matters)
reproducing an aural work solely for the purpose of renting it to persons with hearing impairments, etc. (limited to when this is done in conjunction with the reproduction of the sounds in the aural…
専ら当該聴覚障害者等向けの貸出しの用に供するため、複製すること(当該聴覚著作物に係る音声を文字にすることその他当該聴覚障害者等が利用するために必要な方式による当該音声の複製と併せて行うものに限る。)。
Open this provisionperformer
「実演家」
An actor, dancer, musician, singer or other person who gives a performance (実演), and a person who conducts or directs a performance.
Defined inArticle 2, paragraph (1), item (iv)· applies throughout the law
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「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
specified input-type automatic public transmission
「特定入力型自動公衆送信」
Automatic public transmission (自動公衆送信) made by receiving a broadcast and, at the same time, inputting it into an automatic public transmission server connected to a public telecommunications network, including making it available for transmission for that purpose.
Defined inArticle 2, paragraph (1), item (ix-6)· applies throughout the law
simultaneous broadcasting
「放送同時配信等」
Automatic public transmission (自動公衆送信) of broadcast or cablecast programs, including making them available for transmission, that is made within a week after the broadcast or cablecast and not before it (for a series aired at intervals of more than a week, within a period of up to a month the Commissioner of the Agency for Cultural Affairs sets), without changing the program except where unavoidable, and with measures set by Order of the Ministry of Education, Culture, Sports, Science and Technology (文部科学省令) against digital copying; excluding specified input-type automatic public transmission and the transmissions the Commissioner, after consulting the Minister for Internal Affairs and Communications, sets as likely to unreasonably harm right holders or hard for the public to view.
Defined inArticle 2, paragraph (1), item (ix-7)· 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
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「頒布」
Transferring or renting copies to the public, whether for payment or free; for a cinematographic work, or a work reproduced in one, it also includes transferring or renting copies of the film for the purpose of showing those works to the public.
Defined inArticle 2, paragraph (1), item (xix)· applies throughout the law
cinematographic work
「映画の著作物」
A cinematographic work, including a work expressed in a way that produces visual or audiovisual effects similar to those of a film and fixed in some medium.
Defined inArticle 2, paragraph (3)· 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
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
renting out
「貸与」
Renting out, including any act, whatever it is called and however it is done, that gives another person a right to use something in the same way.
Defined inArticle 2, paragraph (8)· 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
feemachine translation
「料金」
In Article 31, paragraph (7), item (ii), Article 31, paragraph (9), item (ii) and Article 38, anything of value received in exchange for offering or presenting a work, whatever it is called.
Defined inArticle 31, paragraph (7), item (ii)· applies only in this provision and in Article 31, paragraph (9), item (ii); and Article 38
area-limited specified input-type automatic public transmissionmachine translation
「地域限定特定入力型自動公衆送信」
Specified input-type automatic public transmission (特定入力型自動公衆送信) meant to be received only within the broadcast's service area (放送対象地域) as defined in Article 91, paragraph (2), item (ii) of the Broadcasting Act or, for a broadcast with no service area set, within its broadcast area (放送区域) as defined in Article 14, paragraph (2), item (ii) of the Radio Act.
Defined inArticle 34, paragraph (1)
persons with hearing impairments, etc.
「聴覚障害者等」
In Article 37-2 and Article 38, paragraph (5), a person with a hearing impairment or anyone else who has difficulty perceiving what is expressed aurally.
Short name set inArticle 37-2, paragraph (1)· applies only in this article and in Article 38, paragraph (5)