Article 67-3Exploitation of Unmanaged Works Made Public, etc.
第六十七条の三(未管理公表著作物等の利用)
A person who intends to exploit an unmanaged work made public, etc. may, if all of the following items are satisfied, exploit that unmanaged 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 in consideration of an amount equivalent to the ordinary rate of royalties.
未管理公表著作物等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額を考慮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、当該未管理公表著作物等を利用することができる。
the person has been unable to confirm the intention of the copyright owner as to whether the exploitation of that unmanaged work made public, etc. is permitted, even though the person has taken the measures prescribed by the Commissioner of the Agency for Cultural Affairs as measures for confirming that intention.
当該未管理公表著作物等の利用の可否に係る著作権者の意思を確認するための措置として文化庁長官が定める措置をとつたにもかかわらず、その意思の確認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 unmanaged work made public, etc.
著作者が当該未管理公表著作物等の出版その他の利用を廃絶しようとしていることが明らかでないこと。
An unmanaged work made public, etc. as prescribed in the preceding paragraph means a work made public, etc. that falls under none of the following items:
one in respect of which the copyright in that work made public, etc. is managed by a copyright management service;
one for which information necessary for smoothly confirming the intention of the copyright owner as to whether the exploitation of that work made public, etc. is permitted, as prescribed by the Commissioner of the Agency for Cultural Affairs, has been disclosed by a method prescribed by the Commissioner.
文化庁長官が定める方法により、当該公表著作物等の利用の可否に係る著作権者の意思を円滑に確認するために必要な情報であつて文化庁長官が定めるものの公表がされているもの
A person who intends to obtain the compulsory license referred to in paragraph (1) (hereinafter in this 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 and period 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 an unmanaged work made public, etc.;
当該著作物が未管理公表著作物等であることを疎明する資料
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
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;
the period during which the work subject to that compulsory license may be exploited;
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 period referred to in item (ii) of the preceding paragraph must be within the scope of the exploitation period stated in the written application referred to in paragraph (3), and must not exceed three years.
The provisions of Article 67, paragraph (4) and paragraphs (6) through (10) apply mutatis mutandis to a compulsory license. In this case, the phrase "the items of paragraph (5)" in paragraph (7), item (i) of that Article is deemed to be replaced with "the items of Article 67-3, paragraph (4)", and the phrase "paragraph (5), item (i)" in paragraph (8), item (ii) of that Article is deemed to be replaced with "Article 67-3, paragraph (4), items (i) and (ii)".
第六十七条第四項及び第六項から第十項までの規定は、裁定について準用する。この場合において、同条第七項第一号中「第五項各号」とあるのは「第六十七条の三第四項各号」と、同条第八項第二号中「第五項第一号」とあるのは「第六十七条の三第四項第一号及び第二号」と読み替えるものとする。
If the copyright owner of the work subject to a compulsory license has taken measures necessary for receiving requests for consultation from the person who obtained that compulsory license regarding the exploitation of that work, such as entrusting the management of the copyright in that work to a copyright management service, or making public a point of contact for receiving requests for consultation regarding the exploitation of that work and other information, the Commissioner of the Agency for Cultural Affairs may rescind that compulsory license at the request of that copyright owner. In this case, the Commissioner must in advance notify the person who obtained that compulsory license of the reasons and give that person an opportunity to explain and to submit favorable evidence.
When the Commissioner of the Agency for Cultural Affairs has rescinded a compulsory license pursuant to the provisions of the preceding paragraph, the Commissioner must notify the person who obtained that compulsory license and the copyright owner referred to in the preceding paragraph of that fact, the compensation amount up to revocation prescribed in the following paragraph, and other matters specified by Order of the Ministry of Education, Culture, Sports, Science and Technology.
In the case prescribed in the preceding paragraph, the copyright owner may receive repayment, out of the amount of compensation deposited pursuant to the provisions of paragraph (1) in respect of the right to receive the compensation referred to in that paragraph, of the amount corresponding to the period from the date of the compulsory license to the day before the date of the disposition rescinding it (hereinafter in this Article referred to as the "compensation amount up to revocation").
In the case prescribed in paragraph (8), the person who deposited the compensation referred to in paragraph (1) may recover the portion of the amount of that compensation that exceeds the compensation amount up to revocation.
Notwithstanding the provisions of paragraph (1), the deposit under that paragraph is not required if the national or local government or equivalent corporation seeks to exploit an unmanaged work made public, etc. pursuant to the provisions of that paragraph. In this case, if requested by the copyright owner, the national or local government or equivalent corporation must pay the copyright owner compensation in the amount fixed by the Commissioner of the Agency for Cultural Affairs pursuant to the provisions of that paragraph (or, in the case prescribed in paragraph (8), the compensation amount up to revocation).
Article 68Broadcasting of Works
第六十八条(著作物の放送等)
A broadcaster or simultaneous broadcasting service seeking to broadcast a work that has been made public or transmit such work via simultaneous broadcasting may, if all of the following items are satisfied, broadcast the work or transmit the work via simultaneous broadcasting pursuant to a compulsory license by the Commissioner of the Agency for Cultural Affairs, and after paying compensation to the copyright owner in the amount that has been fixed by the Commissioner as equivalent to the ordinary rate of royalties.
公表された著作物を放送し、又は放送同時配信等しようとする放送事業者又は放送同時配信等事業者は、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に支払つて、その著作物を放送し、又は放送同時配信等することができる。
the broadcaster or simultaneous broadcasting service has requested the copyright owner to agree to authorize its broadcast of the work or transmission of the work via simultaneous broadcasting, but an agreement cannot be reached or deliberations about this cannot be entered into;
it is not clear that the author intends to discontinue the broadcast, simultaneous broadcasting or other exploitation of the work;
it is not recognized that there are unavoidable circumstances for the copyright owner's not granting authorization to broadcast the work or transmit it via simultaneous broadcasting.
A work that is broadcast or transmitted via simultaneous broadcasting pursuant to the provisions of the preceding paragraph may also be cablecast, transmitted via area-limited specified input-type automatic public transmission, or communicated publicly through a receiver. In this case, except in a case to which the provisions of Article 38, paragraphs (2) and (3) apply, the person that makes that cablecast, transmits the area-limited specified input-type automatic public transmission, or sends the communication must pay the copyright owner compensation in an amount equivalent to the ordinary rate of royalties.
Upon receipt of an application for the compulsory license referred to in paragraph (1), the Commissioner of the Agency for Cultural Affairs must notify the copyright owner affected by the application of this, and must afford that owner an opportunity to express an opinion, specifying an adequate period of time for this.
文化庁長官は、第一項の裁定の申請があつたときは、その旨を当該申請に係る著作権者に通知し、相当の期間を指定して、意見を述べる機会を与えなければならない。
The provisions of Article 67, paragraphs (4), (6) and (7) apply mutatis mutandis to the compulsory license referred to in paragraph (1). In this case, the phrase "the applicant" in paragraph (7) of that Article is deemed to be replaced with "the applicant and the copyright owner", and the phrase "the matters set forth in the items of paragraph (5)" in item (i) of that paragraph is deemed to be replaced with "that fact".
Article 69Recording Sounds onto Commercial Phonograms
第六十九条(商業用レコードへの録音等)
Once a commercial phonogram has been sold for the first time in Japan and three years have elapsed since the date of its first sale, a person seeking to make a sound recording of a musical work whose sound has been recorded onto that phonogram with the authorization of the copyright owner and to thereby produce a different commercial phonogram may, if all of the following items are satisfied, make such a sound recording or make such a commercial phonogram available to the public through its transfer pursuant to a compulsory license by the Commissioner of the Agency for Cultural Affairs and after paying compensation to the copyright owner in the amount that has been fixed by the Commissioner as equivalent to the ordinary rate of royalties.
the person has requested the copyright owner to agree to authorize that person to make such a sound recording or to make such a commercial phonogram available to the public through its transfer, but an agreement cannot be reached or deliberations about this cannot be entered into;
it is not clear that the author intends to discontinue the sound recording or other exploitation of that musical work.
The provisions of paragraphs (3) and (4) of the preceding Article apply mutatis mutandis to the compulsory license referred to in the preceding paragraph.
Article 70Delegation to Cabinet Order of Matters Concerning Compulsory Licenses
第七十条(裁定に関する事項の政令への委任)
Beyond what is provided for in Article 67 through the preceding Article, any necessary particulars involved in the compulsory licenses referred to in this Section are provided by Cabinet Order.
第六十七条から前条までに規定するもののほか、この節に定める裁定に関し必要な事項は、政令で定める。