A broadcaster or simultaneous broadcasting service seeking to broadcast a work that has been made public or transmit such work via simultaneous broadcasting may, if all of the following items are satisfied, broadcast the work or transmit the work via simultaneous broadcasting pursuant to a compulsory license by the Commissioner of the Agency for Cultural Affairs, and after paying compensation to the copyright owner in the amount that has been fixed by the Commissioner as equivalent to the ordinary rate of royalties.
公表された著作物を放送し、又は放送同時配信等しようとする放送事業者又は放送同時配信等事業者は、次の各号のいずれにも該当するときは、文化庁長官の裁定を受け、かつ、通常の使用料の額に相当するものとして文化庁長官が定める額の補償金を著作権者に支払つて、その著作物を放送し、又は放送同時配信等することができる。
the broadcaster or simultaneous broadcasting service has requested the copyright owner to agree to authorize its broadcast of the work or transmission of the work via simultaneous broadcasting, but an agreement cannot be reached or deliberations about this cannot be entered into;
it is not clear that the author intends to discontinue the broadcast, simultaneous broadcasting or other exploitation of the work;
it is not recognized that there are unavoidable circumstances for the copyright owner's not granting authorization to broadcast the work or transmit it via simultaneous broadcasting.
A work that is broadcast or transmitted via simultaneous broadcasting pursuant to the provisions of the preceding paragraph may also be cablecast, transmitted via area-limited specified input-type automatic public transmission, or communicated publicly through a receiver. In this case, except in a case to which the provisions of Article 38, paragraphs (2) and (3) apply, the person that makes that cablecast, transmits the area-limited specified input-type automatic public transmission, or sends the communication must pay the copyright owner compensation in an amount equivalent to the ordinary rate of royalties.
Upon receipt of an application for the compulsory license referred to in paragraph (1), the Commissioner of the Agency for Cultural Affairs must notify the copyright owner affected by the application of this, and must afford that owner an opportunity to express an opinion, specifying an adequate period of time for this.
文化庁長官は、第一項の裁定の申請があつたときは、その旨を当該申請に係る著作権者に通知し、相当の期間を指定して、意見を述べる機会を与えなければならない。
The provisions of Article 67, paragraphs (4), (6) and (7) apply mutatis mutandis to the compulsory license referred to in paragraph (1). In this case, the phrase "the applicant" in paragraph (7) of that Article is deemed to be replaced with "the applicant and the copyright owner", and the phrase "the matters set forth in the items of paragraph (5)" in item (i) of that paragraph is deemed to be replaced with "that fact".
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