Article 95-3Right to Rent Out

②The provisions of the preceding paragraph do not apply if the performance is made available to the public by the renting out of commercial phonograms that have passed beyond the Cabinet-Order-specified period of at least one month and no more than 12 months counting from the date of their first sale (including the renting out of any phonogram of which reproductions that are entirely the same as such commercial phonograms are being made; hereinafter referred to as "post-term commercial phonograms").

③If a person engaged in the business of renting out commercial phonograms to the public (hereinafter referred to as a "rental phonogram dealer") makes a performance available to the public by renting out a post-term commercial phonogram, it must pay a reasonable amount of remuneration to the performer whose performance it is (but only during the lifetime of the neighboring rights).

④The provisions of Article 95, paragraphs (5) through (14) apply mutatis mutandis to the right to receive the remuneration referred to in the preceding paragraph. In this case, the term "broadcaster or cablecaster" in paragraph (10) of that Article and the term "broadcaster or cablecaster referred to in Article 95, paragraph (1)" in paragraph (12) of that Article are deemed to be replaced with "rental phonogram dealer referred to in Article 95-3, paragraph (3)".

⑤The right to receive royalties in connection with the authorization of the owner of the right provided for in paragraph (1) may be exercised through an association referred to in Article 95, paragraph (5), as applied mutatis mutandis pursuant to the preceding paragraph.

⑥The provisions of Article 95, paragraphs (7) through (14) apply mutatis mutandis to the preceding paragraph. In this case, the provisions of the second sentence of paragraph (4) of this Article apply mutatis mutandis.