A broadcaster may make an ephemeral sound or visual recording of a work that the broadcaster is permitted to broadcast or transmit via simultaneous broadcasting without prejudice to the right set forth in Article 23, paragraph (1), for its own broadcasts or simultaneous broadcasting (including simultaneous broadcasting undertaken by a simultaneous broadcasting service that has a close relationship with the broadcaster by receiving a broadcast program supplied by the broadcaster) by means of its own facilities or those of another broadcaster that is permitted to broadcast the same work or transmit it via simultaneous broadcasting.
A cablecaster may make an ephemeral sound or visual recording of a work that the cablecaster is permitted to cablecast or transmit via simultaneous broadcasting without prejudice to the right set forth in Article 23, paragraph (1), for its own cablecasts (except a cablecast it transmits based on the receipt of a broadcast) or simultaneous broadcasting (including simultaneous broadcasting undertaken by a simultaneous broadcasting service that has a close relationship with the cablecaster by receiving a cablecast program supplied by the cablecaster) by means of its own facilities.
A simultaneous broadcasting service may make an ephemeral sound or visual recording of a work that the service is permitted to transmit via simultaneous broadcasting without prejudice to the right set forth in Article 23, paragraph (1), for its own simultaneous broadcasting by means of its own facilities or those of a broadcaster or cablecaster that has a close relationship with the service.
It is not permissible to preserve a sound or visual recording made pursuant to the provisions of the preceding three paragraphs for a period exceeding six months after the recording (or six months after the broadcast, cablecast or transmission via simultaneous broadcasting, if the recording is broadcast, cablecast or transmitted via simultaneous broadcasting within the period of six months after the recording); provided, however, that this does not apply if a recording is preserved in official archives specified by Cabinet Order.
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