A performer has the exclusive right to make that performer's performance available for transmission.
The provisions of the preceding paragraph do not apply to any of the following performances:
a performance whose visuals have been recorded with the authorization of the owner of the right provided for in Article 91, paragraph (1);
a performance referred to in Article 91, paragraph (2) whose sound or visuals have been recorded other than as a sound recording referred to in that paragraph.
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(Sound Recording Rights and Visual Recording Rights)
A performer has the exclusive right to record the sound and visuals of that performer's performance.
実演家は、その実演を録音し、又は録画する権利を専有する。
Open this provision(Sound Recording Rights and Visual Recording Rights)
Unless the sound of a performance is recorded as a sound recording (other than one that is intended to be played exclusively alongside images), the provisions of the preceding paragraph do not apply…
前項の規定は、同項に規定する権利を有する者の許諾を得て映画の著作物において録音され、又は録画された実演については、これを録音物(音を専ら影像とともに再生することを目的とするものを除く。)に録音する場合を除き、適用しない。
Open this provision(Right to Make Available for Transmission)
A performer has the exclusive right to make that performer's performance available for transmission.
実演家は、その実演を送信可能化する権利を専有する。
Open this provisionperformancecorrected by this site
「実演」
Performing a work by acting it out, dancing, playing music, singing, delivering, reciting or any other means, including similar acts of an entertaining nature that do not perform a work.
Defined inArticle 2, paragraph (1), item (iii)· applies throughout the law
performer
「実演家」
An actor, dancer, musician, singer or other person who gives a performance (実演), and a person who conducts or directs a performance.
Defined inArticle 2, paragraph (1), item (iv)· applies throughout the law
available for transmission
「送信可能化」
Making something capable of being sent by automatic public transmission (自動公衆送信), either by recording or inputting information into an automatic public transmission server connected to a telecommunications network used by the public (or adding or converting a recording medium to serve as that server's), or by connecting to such a network a server that already holds or receives the information.
Defined inArticle 2, paragraph (1), item (ix-5)· applies throughout the law
sound recordingcorrected by this site
「録音」
Fixing sounds on a medium, or making further copies of such a fixation.
Defined inArticle 2, paragraph (1), item (xiii)· applies throughout the law
visual recordingcorrected by this site
「録画」
Fixing a sequence of images on a medium, or making further copies of such a fixation.
Defined inArticle 2, paragraph (1), item (xiv)· applies throughout the law