Article 93-3Simultaneous Broadcasting of Fixations Made for Broadcasting Purposes

①Unless otherwise stipulated in the contract, if the owner of the right provided for in Article 92-2, paragraph (1) (limited to those for simultaneous broadcasting; hereinafter the same applies in this paragraph and Article 94-3, paragraph (1)) (hereinafter referred to as a "specified performer") authorizes a broadcaster to transmit the performance via 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), in addition to it being permissible to undertake the simultaneous broadcasting, it is also permissible to undertake the following simultaneous broadcasting with regard to the authorized performance (excluding performances for which a copyright management service manages the right prescribed in Article 92-2, paragraph (1), or performances for which information necessary for smooth authorization, including the name of the specified performer and the contact information for accepting applications for authorization of simultaneous broadcasting, as specified by the Commissioner of the Agency for Cultural Affairs, has been disclosed by a method specified by the Commissioner of the Agency for Cultural Affairs):

②If a performance is transmitted via simultaneous broadcasting set forth in one of the items of the preceding paragraph, the broadcaster or simultaneous broadcasting service must pay remuneration in an amount equivalent to the ordinary rate of royalties to the specified performer of the performance.

③If a copyright management service is in existence, whose consent has been obtained and which the Commissioner of the Agency for Cultural Affairs has designated as the only such service in the country, it is permissible for the right to receive the remuneration referred to in the preceding paragraph to be exercised exclusively through the designated copyright management service thus designated (hereinafter in this Article referred to as the "designated remuneration management service").

④The Commissioner of the Agency for Cultural Affairs may not make the designation under the provisions of the preceding paragraph unless the copyright management service satisfies the following requirements:

⑤A designated remuneration management service has the authority to act in and out of court on behalf of the right holder, in its own name, in connection with that right.

⑥The Commissioner of the Agency for Cultural Affairs, as provided by Cabinet Order, may ask a designated remuneration management service to report on functions related to the remuneration referred to in paragraph (2) or submit account books, documents, and other data, and may make the necessary recommendations for improving the way in which the service's business is executed.

⑦The amount of remuneration that a designated remuneration management service may demand on behalf of a right holder pursuant to the provisions of paragraph (3) is to be fixed each year by mutual agreement between the designated remuneration management service and the broadcaster or simultaneous broadcasting service or the association thereof.

⑧If the agreement referred to in the preceding paragraph is not reached, the relevant parties, as provided by Cabinet Order, may request the Commissioner of the Agency for Cultural Affairs to issue a compulsory license fixing the amount of remuneration.

⑨The provisions of Article 67, paragraph (7) (limited to the part concerned with item (i)) and paragraph (8); Article 68, paragraph (3); Article 70; Article 71 (limited to the part concerned with item (ii)); Article 72, paragraph (1); the main clause of Article 73; and Article 74, paragraph (1) (limited to the parts concerned with items (iv) and (v); the same applies in paragraph (11)) and paragraph (2) apply mutatis mutandis to the remuneration referred to in paragraph (2) and the compulsory license referred to in the preceding paragraph. In this case, the phrase "the applicant" in Article 67, paragraph (7) and the phrase "the copyright owner" in Article 68, paragraph (3) are deemed to be replaced with "the relevant parties"; the phrase "the matters set forth in the items of paragraph (5) and the amount of compensation fixed for the exploitation of the work subject to the compulsory license" in Article 67, paragraph (7), item (i) and the phrase "that fact and the following matters" in paragraph (8) of that Article are deemed to be replaced with "that fact"; and in Article 74, paragraph (2), the phrase "the copyright owner" is deemed to be replaced with "the designated remuneration management service referred to in Article 93-3, paragraph (3)".

⑩In an action referred to in Article 72, paragraph (1) as applied mutatis mutandis pursuant to the preceding paragraph, the designated remuneration management service must be the defendant if the person bringing the action is the broadcaster or simultaneous broadcasting service or the association thereof, and the broadcaster or simultaneous broadcasting service or the association thereof must be the defendant if the person bringing the action is the designated remuneration management service.

⑪A deposit of remuneration under the provisions of Article 74, paragraphs (1) and (2) as applied mutatis mutandis pursuant to paragraph (9) is to be made at the deposit office nearest to the location of the designated remuneration management service. In this case, a person that makes a deposit must notify the designated remuneration management service of that deposit.

⑬Beyond what is provided for in paragraph (2) through the preceding paragraph, necessary particulars involving the payment of the remuneration referred to in paragraph (2) and concerning the designated remuneration management service are provided for by Cabinet Order.