Article 47-5Minor Exploitation Incidental to Computerized Data Processing and the Provision of the Results Thereof

①A person undertaking an action as set forth in one of the following items that contributes to facilitating the exploitation of a work by creating new knowledge or information through computerized data processing (this includes a person undertaking a part of such an action; limited to one doing so in accordance with the standards prescribed by Cabinet Order) may exploit a work that has been made available or presented to the public (this includes a work that has been made available for transmission; the same applies hereinafter) (hereinafter in this Article and Article 47-6, paragraph (2), item (ii) referred to as a "available or presented work") (limited to a publicized work or a work made available for transmission), in any way and to the extent considered to be necessary in light of the purpose of the action set forth in the relevant item, when exploiting it incidental to the undertaking of that action (limited to exploitation that is minor in light of the percentage it constitutes of the part of the available or presented work that has been provided for exploitation, the volume of the part of that work that has been provided for exploitation, the accuracy of indications made at the time it was provided for exploitation, and other elements; hereinafter in this Article referred to as "minor exploitation"); provided, however, that this does not apply if the person undertakes that minor exploitation knowing that the making available or presentation of the works to the public constitutes copyright infringement (for a work made available or presented to the public abroad, this means that the action would constitute copyright infringement if it took place in Japan); nor does this apply if the action would otherwise unreasonably prejudice the interests of the copyright owner in light of the nature or purpose of the available or presented work or the circumstances of its minor exploitation:

②A person that prepares to undertake an action set forth in one of the items of the preceding paragraph (limited to a person who collects, organizes, and provides information in preparation to undertake the action in accordance with the standards prescribed by Cabinet Order) may reproduce or make public transmissions of an available or presented work (or make the relevant work available for transmission, if such transmission is being made via an automatic public transmission; the same applies in this paragraph and Article 47-6, paragraph (2), item (ii)) or distribute copies thereof, to the extent considered to be necessary in order to prepare for minor exploitation under the preceding paragraph; provided, however, that this does not apply if the action would otherwise unreasonably prejudice the interests of the copyright owner in light of the nature or purpose of the available or presented work, the number of copies that would be reproduced or distributed, or the circumstances of the reproduction, public transmission, or distribution.