Article 67-2Exploitation of a Work While an Application for a Compulsory License Is Pending

①If the applicant deposits collateral in the amount that has been fixed by the Commissioner of the Agency for Cultural Affairs in consideration of the manner of the work's exploitation as given in the application, the applicant may exploit the work to which the application pertains in the manner of exploitation under that application in the time leading up to the disposition granting or denying the compulsory license (or in the time leading up to when the applicant is able to contact the copyright owner, if the applicant becomes able to contact the copyright owner in the time leading up to the disposition granting or denying the compulsory license); provided, however, that the applicant may not exploit the work if it is clear that the author of that work intends to discontinue the publication or other exploitation of that work.

②Notwithstanding the provisions of the preceding paragraph, the deposit under the preceding paragraph is not required if the national or local government or an equivalent corporation seeks to use a work pursuant to the provisions of that paragraph.

③A copy of a work that has been created based on the application of the provisions of paragraph (1) must bear an indication that it has been made pursuant to the provisions of that paragraph, and give the date on which the application for a compulsory license was filed.

④Notwithstanding the provisions of paragraph (1) of the preceding Article, if the person exploiting the work pursuant to the provisions of paragraph (1) (hereinafter referred to as a "user with a pending application"; this does not include the national or local government or an equivalent corporation; the same applies in the following paragraph) is issued the compulsory license, the user is not required to make a deposit under the provisions of paragraph (1) of the previous Article with regard to the portion of the compensation referred to in that paragraph which is equivalent to the amount of collateral already deposited under the provisions of paragraph (1) of this Article (and if the amount of the collateral exceeds that of the compensation, the user is not required to deposit compensation).

⑤If a user with a pending application is issued a disposition denying the compulsory license (unless the user has been able to contact the copyright owner in the time leading up to the disposition), the user must deposit the compensation for the copyright owner in the amount that has been fixed by the Commissioner of the Agency for Cultural Affairs as equivalent to the amount of royalties for having exploited the work pursuant to the provisions of paragraph (1) in the time leading up to when the user was issued the disposition. In this case, the portion of the collateral deposited pursuant to the provisions of that paragraph which is equivalent to the amount of compensation (or if the amount of compensation exceeds the amount of collateral, the collateral) is deemed to have been deposited as compensation.

⑥If the user with a pending application (limited to the national or local government or an equivalent corporation) becomes able to contact the copyright owner after the disposition denying the compulsory license, the user with a pending application must pay compensation to the copyright owner in the amount equivalent to the royalties for having exploited the work pursuant to the provisions of paragraph (1) for the period preceding the disposition, as established by the Commissioner of the Agency for Cultural Affairs.

⑦If a user with a pending application becomes able to contact the copyright owner in the time leading up to the disposition granting or denying the compulsory license, the user must pay the copyright owner compensation equivalent to the amount of royalties for having exploited the work pursuant to the provisions of paragraph (1) in the time leading up to when the user was able to contact the copyright owner.

⑧In a case referred to in paragraph (4), (5) or (7), the copyright owner is entitled to receive repayment from collateral deposited pursuant to the provisions of paragraph (1) in connection with the right to receive the compensation referred to in paragraph (1) of the preceding Article or in paragraph (5) or (7) of this Article.

⑨A person that deposits collateral pursuant to the provisions of paragraph (1) is entitled to recover, pursuant to Cabinet Order, all or a part of the portion of collateral that exceeds the amount of collateral from which the copyright owner is entitled to receive repayment pursuant to the provisions of the preceding paragraph.

⑩When the Commissioner of the Agency for Cultural Affairs has received a statement from a user with a pending application to the effect that the application for a compulsory license is withdrawn, the Commissioner is to make a disposition not to grant a compulsory license. In this case, the provisions of paragraph (6) of the preceding Article do not apply.