Section 8 Exploitation of a Work Based on a Compulsory License
第八節 裁定による著作物の利用
Article 67Exploitation of a Work If the Copyright Owner Is Unknown
第六十七条（著作権者不明等の場合における著作物の利用）
A person who intends to exploit a work that has been made public or a work that has clearly been made available or presented to the public for a considerable period of time (hereinafter in this Article and Article 67-3, paragraph (2) referred to as a "work made public, etc.") may, if all of the following items are satisfied, exploit that work made public, etc. in accordance with the compulsory license, after obtaining a compulsory license from the Commissioner of the Agency for Cultural Affairs and depositing for the copyright owner compensation in an amount fixed by the Commissioner as equivalent to the ordinary rate of royalties.
公表された著作物又は相当期間にわたり公衆に提供され、若しくは提示されている事実が明らかである著作物（以下この条及び第六十七条の三第二項において「公表著作物等」という。）を利用しようとする者は、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のために供託して、当該裁定の定めるところにより、当該公表著作物等を利用することができる。
the person has taken the measures prescribed by the Commissioner of the Agency for Cultural Affairs as measures for obtaining right holder information (meaning the name or title and address or residence of the copyright owner and any other information necessary to contact the copyright owner; the same applies hereinafter in this item), and has been unable to contact the copyright owner even though the person has taken measures to contact the copyright owner on the basis of the right holder information obtained by those measures and all other right holder information in the person's possession.
権利者情報（著作権者の氏名又は名称及び住所又は居所その他著作権者と連絡するために必要な情報をいう。以下この号において同じ。）を取得するための措置として文化庁長官が定めるものをとり、かつ、当該措置により取得した権利者情報その他その保有する全ての権利者情報に基づき著作権者と連絡するための措置をとつたにもかかわらず、著作権者と連絡することができなかつたこと。
it is not clear that the author intends to discontinue the publication or other exploitation of that work made public, etc.
Notwithstanding the provisions of the preceding paragraph, the deposit under the preceding paragraph is not required if the national or local government or a corporation prescribed by Cabinet Order as being similar thereto (hereinafter referred to as the "national or local government or equivalent corporation" in this Section) seeks to exploit a work made public, etc. pursuant to the provisions of that paragraph. In such a case, if the national or local government or equivalent corporation becomes able to contact the copyright owner, it must pay compensation to the copyright owner in the amount established by the Commissioner of the Agency for Cultural Affairs in accordance with the provisions of the preceding paragraph.
A person who intends to obtain the compulsory license referred to in paragraph (1) (hereinafter in this Article and the following Article referred to as the "compulsory license") must submit to the Commissioner of the Agency for Cultural Affairs a written application stating the title of the work subject to the compulsory license, the name of the author and other information necessary to identify the work, the method of exploiting the work, the matters that are to serve as the basis for calculating the amount of compensation, and any other matters specified by Order of the Ministry of Education, Culture, Sports, Science and Technology, attaching the following materials:
materials that make a prima facie showing that the work is a work made public, etc.
materials that make a prima facie showing that the work falls under each item of paragraph (1);
第一項各号に該当することを疎明する資料
other materials specified by Order of the Ministry of Education, Culture, Sports, Science and Technology, in addition to those set forth in the preceding two items.
前二号に掲げるもののほか、文部科学省令で定める資料
A person who intends to obtain a compulsory license must pay the national government a fee in an amount specified by Cabinet Order, taking actual costs into account; provided, however, that this does not apply if that person is the national government.
裁定を受けようとする者は、実費を勘案して政令で定める額の手数料を国に納付しなければならない。ただし、当該者が国であるときは、この限りでない。
The following matters are to be fixed in a compulsory license:
裁定においては、次に掲げる事項を定めるものとする。
the method of exploiting the work subject to that compulsory license;
other matters specified by Order of the Ministry of Education, Culture, Sports, Science and Technology, in addition to that set forth in the preceding item.
前号に掲げるもののほか、文部科学省令で定める事項
When the Commissioner of the Agency for Cultural Affairs is to make a disposition not to grant a compulsory license, the Commissioner must in advance notify the person who filed the application for the compulsory license (referred to as the "applicant" in the following paragraph and paragraph (1) of the following Article) of the reasons, and give that person an opportunity to explain and to submit favorable evidence.
In the cases set forth in the following items, the Commissioner of the Agency for Cultural Affairs must notify the applicant of the matters prescribed respectively in those items:
文化庁長官は、次の各号に掲げるときは、当該各号に定める事項を申請者に通知しなければならない。
when a compulsory license has been granted: 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;
when a disposition not to grant a compulsory license has been made: that fact and the reasons.
裁定をしない処分をしたとき その旨及びその理由
When a compulsory license has been granted, the Commissioner of the Agency for Cultural Affairs must publicize that fact and the following matters through use of the Internet or other appropriate means:
文化庁長官は、裁定をしたときは、その旨及び次に掲げる事項をインターネットの利用その他の適切な方法により公表しなければならない。
the title of the work subject to that compulsory license, the name of the author, and other information necessary to identify the work;
the matters set forth in paragraph (5), item (i);
第五項第一号に掲げる事項
other matters specified by Order of the Ministry of Education, Culture, Sports, Science and Technology, in addition to those set forth in the preceding two items.
前二号に掲げるもののほか、文部科学省令で定める事項
The Commissioner of the Agency for Cultural Affairs may exploit the work subject to a compulsory license to the extent recognized as necessary for the publication under the preceding paragraph.
Copies of a work that have been made pursuant to the provisions of paragraph (1) must bear an indication that they have been made pursuant to a compulsory license, and give the date on which the compulsory license was issued.
If the applicant deposits collateral in the amount that has been fixed by the Commissioner of the Agency for Cultural Affairs in consideration of the manner of the work's exploitation as given in the application, the applicant may exploit the work to which the application pertains in the manner of exploitation under that application in the time leading up to the disposition granting or denying the compulsory license (or in the time leading up to when the applicant is able to contact the copyright owner, if the applicant becomes able to contact the copyright owner in the time leading up to the disposition granting or denying the compulsory license); provided, however, that the applicant may not exploit the work if it is clear that the author of that work intends to discontinue the publication or other exploitation of that work.
Notwithstanding the provisions of the preceding paragraph, the deposit under the preceding paragraph is not required if the national or local government or an equivalent corporation seeks to use a work pursuant to the provisions of that paragraph.
A copy of a work that has been created based on the application of the provisions of paragraph (1) must bear an indication that it has been made pursuant to the provisions of that paragraph, and give the date on which the application for a compulsory license was filed.
Notwithstanding the provisions of paragraph (1) of the preceding Article, if the person exploiting the work pursuant to the provisions of paragraph (1) (hereinafter referred to as a "user with a pending application"; this does not include the national or local government or an equivalent corporation; the same applies in the following paragraph) is issued the compulsory license, the user is not required to make a deposit under the provisions of paragraph (1) of the previous Article with regard to the portion of the compensation referred to in that paragraph which is equivalent to the amount of collateral already deposited under the provisions of paragraph (1) of this Article (and if the amount of the collateral exceeds that of the compensation, the user is not required to deposit compensation).
If a user with a pending application is issued a disposition denying the compulsory license (unless the user has been able to contact the copyright owner in the time leading up to the disposition), the user must deposit the compensation for the copyright owner in the amount that has been fixed by the Commissioner of the Agency for Cultural Affairs as equivalent to the amount of royalties for having exploited the work pursuant to the provisions of paragraph (1) in the time leading up to when the user was issued the disposition. In this case, the portion of the collateral deposited pursuant to the provisions of that paragraph which is equivalent to the amount of compensation (or if the amount of compensation exceeds the amount of collateral, the collateral) is deemed to have been deposited as compensation.
If the user with a pending application (limited to the national or local government or an equivalent corporation) becomes able to contact the copyright owner after the disposition denying the compulsory license, the user with a pending application must pay compensation to the copyright owner in the amount equivalent to the royalties for having exploited the work pursuant to the provisions of paragraph (1) for the period preceding the disposition, as established by the Commissioner of the Agency for Cultural Affairs.
If a user with a pending application becomes able to contact the copyright owner in the time leading up to the disposition granting or denying the compulsory license, the user must pay the copyright owner compensation equivalent to the amount of royalties for having exploited the work pursuant to the provisions of paragraph (1) in the time leading up to when the user was able to contact the copyright owner.
In a case referred to in paragraph (4), (5) or (7), the copyright owner is entitled to receive repayment from collateral deposited pursuant to the provisions of paragraph (1) in connection with the right to receive the compensation referred to in paragraph (1) of the preceding Article or in paragraph (5) or (7) of this Article.
A person that deposits collateral pursuant to the provisions of paragraph (1) is entitled to recover, pursuant to Cabinet Order, all or a part of the portion of collateral that exceeds the amount of collateral from which the copyright owner is entitled to receive repayment pursuant to the provisions of the preceding paragraph.
When the Commissioner of the Agency for Cultural Affairs has received a statement from a user with a pending application to the effect that the application for a compulsory license is withdrawn, the Commissioner is to make a disposition not to grant a compulsory license. In this case, the provisions of paragraph (6) of the preceding Article do not apply.