Section 4 Terms of Protection
第四節 保護期間
Article 51General Terms of Protection
第五十一条(保護期間の原則)
Unless otherwise specified in this Section, a copyright subsists for a period of 70 years after the death of the author (or the death of the last surviving co-author, for a joint work; the same applies in paragraph (1) of the following Article).
Article 52Terms of Protection for Anonymous or Pseudonymous Works
第五十二条(無名又は変名の著作物の保護期間)
The copyright to an anonymous or pseudonymous work subsists for a period of 70 years after the work is made public; provided, however, that if, before the expiration of a duration of copyright for an anonymous or pseudonymous work, it is found that 70 years have elapsed since the death of the author of that work, the copyright is deemed to have expired at the time that is found to constitute the expiration of 70 years since the death of the author.
The provisions of the preceding paragraph do not apply in any of the following cases:
前項の規定は、次の各号のいずれかに該当するときは、適用しない。
the author's true name is registered pursuant to Article 75, paragraph (1), within the period referred to in the preceding paragraph;
Article 53The Term of Protection for Works Attributed to an Organization
第五十三条(団体名義の著作物の保護期間)
The copyright to a work whose authorship is attributed to a corporation or other organization subsists for a period of 70 years after the work is made public (or for a period of 70 years after the creation of the work, if the work is not made public within 70 years of its creation).
The provisions of the preceding paragraph do not apply if the individual who is the author of a work whose authorship is attributed to a corporation or other corporate body, makes the work public and uses that individual's true name or the pseudonym by which that individual is commonly known to indicate the name of the author, within the period referred to in the preceding paragraph.
With respect to the duration of copyright for a work whose authorship has been attributed to a corporation or other corporate body pursuant to the provisions of Article 15, paragraph (2), even if such a work does not fall under the category of works provided for in paragraph (1), it is deemed to be attributed to the relevant corporate body, and the provisions of paragraph (1) apply.
Article 54The Term of Protection for Cinematographic Works
第五十四条(映画の著作物の保護期間)
The copyright to a cinematographic work subsists for 70 years after the work is made public (or for 70 years after the creation of the work, if the work is not made public within the 70 years after its creation).
When the copyright to a cinematographic work expires at the expiration of the duration of copyright, the copyright to original work connected with that cinematographic work also expires as regards the exploitation of the cinematographic work.
The provisions of the preceding two Articles do not apply to the copyright to a cinematographic work.
Deleted
削除
Article 56The Time at Which a Serial Publication Is Made Public
第五十六条(継続的刊行物等の公表の時)
The time at which a work is made public as referred to in Article 52, paragraph (1); Article 53, paragraph (1); or Article 54, paragraph (1) is the time at which each volume, issue, or installment is made public, for works that are made public successively in volumes, issues, or installments, or the time at which the last part of the work is made public, for works that are made public sequentially in parts.
If the subsequent part of a work that is completed after being made public sequentially in parts, has not been made public even though three years have passed since the most recent part was made public, the last of the parts of the work that has been made public is deemed to be the last part of the work for the purposes of the preceding paragraph.
Article 57Calculation of Terms of Protection
第五十七条(保護期間の計算方法)
In calculating the end of the seventy-year period following the death of the author; or the seventy-year period after a work is made public or created, in a case referred to in Article 51, paragraph (2); Article 52, paragraph (1); Article 53, paragraph (1); or Article 54, paragraph (1), the starting point for the calculation is the year after the year in which the author dies or the work is made public or created.
Article 58Special Provisions on Terms of Protection
第五十八条(保護期間の特例)
If, pursuant to the provisions of the Berne Convention for the Protection of Literary and Artistic Works, the WIPO Copyright Treaty, or the Marrakesh Agreement Establishing the World Trade Organization, the country of origin of a work (except a work falling under Article 6, item (i)) is a foreign country that is a member of the International Union established by the Berne Convention, a contracting party to the WIPO Copyright Treaty, or a member of the World Trade Organization, and if that country of origin has established a shorter duration of copyright for such a work than what is provided for in Articles 51 through 54, the duration of copyright for that work is the duration established by the country of origin.
文学的及び美術的著作物の保護に関するベルヌ条約により創設された国際同盟の加盟国、著作権に関する世界知的所有権機関条約の締約国又は世界貿易機関の加盟国である外国をそれぞれ文学的及び美術的著作物の保護に関するベルヌ条約、著作権に関する世界知的所有権機関条約又は世界貿易機関を設立するマラケシュ協定の規定に基づいて本国とする著作物(第六条第一号に該当するものを除く。)で、その本国において定められる著作権の存続期間が第五十一条から第五十四条までに定める著作権の存続期間より短いものについては、その本国において定められる著作権の存続期間による。
Section 5 The Exclusive Nature of Author's Moral Rights; Related Matters
第五節 著作者人格権の一身専属性等
Article 59The Exclusive Nature of Author's Moral Rights
第五十九条(著作者人格権の一身専属性)
Article 60Protection of Moral Interests after Author's Death
第六十条(著作者が存しなくなつた後における人格的利益の保護)
Even after the death of an author, it is prohibited for a person that makes available or presents the author's work to the public to engage in conduct that would be prejudicial to the moral rights of the author if the author were alive; provided, however, that this does not apply if that conduct is found not to contravene the will of the author in light of the nature and extent of the conduct as well as changes in social circumstances and other conditions.
Section 6 Transfer and Expiration of Copyright
第六節 著作権の譲渡及び消滅
Article 61Transfer of Copyright
第六十一条(著作権の譲渡)
Copyrights may be transferred in whole or in part.
著作権は、その全部又は一部を譲渡することができる。
Article 62Expiration of Copyright When There Are No Heirs
第六十二条(相続人の不存在の場合等における著作権の消滅)
the author dies, and the copyright is to revert to the National Treasury pursuant to the provisions of Article 959 (Reversion of Residual Assets to the National Treasury) of the Civil Code (Act No. 89 of 1896);
著作権者が死亡した場合において、その著作権が民法(明治二十九年法律第八十九号)第九百五十九条(残余財産の国庫への帰属)の規定により国庫に帰属すべきこととなるとき。
the corporation that owns the copyright is dissolved, and the copyright is to revert to the National Treasury pursuant to the provisions of Article 239, paragraph (3) of the Act on General Incorporated Associations and General Incorporated Foundations (Act No. 48 of 2006) or the provisions of other similar Acts.
The provisions of Article 54, paragraph (2) apply mutatis mutandis when the copyright to a cinematographic work has expired pursuant to the provisions of the preceding paragraph.
Section 7 Exercise of Rights
第七節 権利の行使
Article 63Authorization to Exploit Works
第六十三条(著作物の利用の許諾)
The copyright owner may grant another person authorization to exploit the work.
著作権者は、他人に対し、その著作物の利用を許諾することができる。
A person that obtains the authorization referred to in the preceding paragraph is entitled to exploit the work to which that authorization pertains within the scope of the manner and conditions of exploitation under that authorization.
A right of exploitation (meaning the right to exploit a work under the authorization referred to in paragraph (1) pursuant to the provisions of the preceding paragraph; the same applies in the following Article) may not be transferred without the consent of the copyright owner.
Unless otherwise stipulated in a contract, the authorization referred to paragraph (1) in connection with the broadcasting or cablecasting of a work, does not include authorization to record the sound or visuals of the work.
If a person that may authorize another person (meaning authorization referred to in paragraph (1); hereinafter the same applies in this paragraph) to broadcast or cablecast a work or transmit a work via simultaneous broadcasting has authorized a specified broadcaster or cablecaster (meaning a broadcaster or cablecaster that undertakes simultaneous broadcasting in the course of trade, or supplies a broadcast program or cablecast program for simultaneous broadcasting undertaken in the course of trade by a simultaneous broadcasting service having a close relationship therewith, and, as a measure to publicize this fact, discloses information specified by the Commissioner of the Agency for Cultural Affairs as information concerning the status of implementation of simultaneous broadcasting, including the title of the broadcast program or cablecast program subject to simultaneous broadcasting and the broadcast or cablecast time of the program, by a method specified by the Commissioner of the Agency for Cultural Affairs; hereinafter the same applies in this paragraph) to exploit the work in broadcast or cablecast programming by the specified broadcaster or cablecaster, the authorization is presumed to include authorization to transmit the work via simultaneous broadcasting (including simultaneous broadcasting undertaken by a simultaneous broadcasting service that has a close relationship with the specified broadcaster or cablecaster by receiving the broadcast program or cablecast program supplied by the specified broadcaster or cablecaster), unless the person manifests an intention to the contrary upon granting the authorization.
著作物の放送又は有線放送及び放送同時配信等について許諾(第一項の許諾をいう。以下この項において同じ。)を行うことができる者が、特定放送事業者等(放送事業者又は有線放送事業者のうち、放送同時配信等を業として行い、又はその者と密接な関係を有する放送同時配信等事業者が業として行う放送同時配信等のために放送番組若しくは有線放送番組を供給しており、かつ、その事実を周知するための措置として、文化庁長官が定める方法により、放送同時配信等が行われている放送番組又は有線放送番組の名称、その放送又は有線放送の時間帯その他の放送同時配信等の実施状況に関する情報として文化庁長官が定める情報を公表しているものをいう。以下この項において同じ。)に対し、当該特定放送事業者等の放送番組又は有線放送番組における著作物の利用の許諾を行つた場合には、当該許諾に際して別段の意思表示をした場合を除き、当該許諾には当該著作物の放送同時配信等(当該特定放送事業者等と密接な関係を有する放送同時配信等事業者が当該放送番組又は有線放送番組の供給を受けて行うものを含む。)の許諾を含むものと推定する。
The provisions of Article 23, paragraph (1) do not apply to a person that has obtained the authorization referred to in paragraph (1) to make a work available for transmission, making the work available for transmission repeatedly or using another automatic public transmission server to make the work available for transmission within the scope of the manner and conditions of exploitation under authorization (other than those that concern the number of times the work may be made available for transmission or the automatic public transmission server that may be used to make the work available for transmission).
Article 63-2Perfection of Right of Exploitation
第六十三条の二(利用権の対抗力)
Article 64Exercise of the Moral Rights of Co-Authors
第六十四条(共同著作物の著作者人格権の行使)
The moral rights of co-authors of a joint work may not be exercised without the unanimous agreement of all the co-authors.
A co-author may not prevent the agreement referred to in the preceding paragraph from being reached in breach of good faith.
Co-authors may choose one co-author from among themselves to represent them in the exercise of their moral rights.
Limitations on the representative authority of the person representing the co-authors in the exercise of the rights referred to in the preceding paragraph may not be duly asserted against a third party that is without knowledge of those limitations.
前項の権利を代表して行使する者の代表権に加えられた制限は、善意の第三者に対抗することができない。
Article 65Exercise of a Joint Copyright
第六十五条(共有著作権の行使)
The owner of a copyright to a joint work or any other jointly owned copyright (hereinafter in this Article referred to as a "joint copyright") is not entitled to transfer or pledge that share of the joint copyright without the consent of the other co-owners.
A joint copyright may not be exercised without the unanimous agreement of all the co-owners.
共有著作権は、その共有者全員の合意によらなければ、行使することができない。
In a case referred to in the preceding two paragraphs, a co-owner may not, without justifiable grounds, refuse the consent referred to in paragraph (1) or prevent the agreement referred to in the preceding paragraph from being reached.
The provisions of paragraphs (3) and (4) of the preceding Article apply mutatis mutandis to the exercise of a joint copyright.
Article 66Copyrights That Have Become Subject to Pledge
第六十六条(質権の目的となつた著作権)
The copyright owner is entitled to exercise a copyright even if a pledge has been established with the copyright as its subject, unless otherwise stipulated in the act of establishing the pledge.
著作権は、これを目的として質権を設定した場合においても、設定行為に別段の定めがない限り、著作権者が行使するものとする。
A pledge may be exercised with respect to money or any other thing the copyright owner would receive from the transfer of the copyright or the exploitation of the work (including consideration for the establishment of a print right); provided, however, that the attachment of the right to receive such things is required before their payment or transfer to the pledgee.