A work has been made public if it is published or if a person that owns a right provided for in Articles 22 through 25, a person authorized thereby (meaning the person is authorized to exploit a work pursuant to the provisions of Article 63, paragraph (1)), a person in favor of whom the print rights set forth in Article 79 have been established, or a person authorized thereby to transmit that work to the public (meaning the person is authorized to exploit a work pursuant to the provisions of Article 80, paragraph (3); the same applies hereinafter) presents the work to the public by means of a stage performance, musical performance, on-screen presentation, transmission to the public, recitation, or exhibition (if it is an architectural work, this includes when the person that owns the right set forth in Article 21 or the person authorized thereby (meaning the person is authorized to exploit a work pursuant to the provisions of Article 63, paragraph (1)) constructs it).
A work is deemed to have been made public if the person that owns the right provided for in Article 23, paragraph (1), a person authorized thereby, a person in favor of whom the print rights set forth in Article 79 have been established, or a person authorized thereby to transmit that work to the public makes the work available for transmission.
An original work is deemed to have been made public if a person that, pursuant to the provisions of Article 28, owns the same right to the relevant work as one that is provided for in Articles 22 through 24 or a person authorized thereby presents a translation of it to the public which constitutes a derivative work, by means of a stage performance, musical performance, on-screen presentation, transmission to the public, or recitation, or if a person that, pursuant to the provisions of Article 28, owns the same right with regard to the relevant work as the right provided for in Article 23, paragraph (1) or a person authorized thereby makes that translation available for transmission.
An artistic work or a photographic work is deemed to have been made public if the person prescribed in Article 45, paragraph (1) exhibits it as provided for in that paragraph.
The person that would own a right provided for in paragraphs (1) through (3) of this Article if the work were protected under this Act and a person authorized thereby to exploit the work are, respectively, deemed to be the person that owns that right and the person authorized thereby, and the provisions of those paragraphs apply accordingly.
著作物がこの法律による保護を受けるとしたならば第一項から第三項までの権利を有すべき者又はその者からその著作物の利用の承諾を得た者は、それぞれ第一項から第三項までの権利を有する者又はその許諾を得た者とみなして、これらの規定を適用する。
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