Section 1 General Rules
第一節 総則
第八十九条(著作隣接権)
Performers enjoy the rights provided for in Article 90-2, paragraph (1) and Article 90-3, paragraph (1) (hereinafter referred to as "moral rights of performers") and the rights provided for in Article 91, paragraph (1); Article 92, paragraph (1); Article 92-2, paragraph (1); Article 95-2, paragraph (1); and Article 95-3, paragraph (1), as well as the right to remuneration provided for in Article 94-2 and Article 95-3, paragraph (3) and the right to secondary use fees provided for in Article 95, paragraph (1).
実演家は、第九十条の二第一項及び第九十条の三第一項に規定する権利(以下「実演家人格権」という。)並びに第九十一条第一項、第九十二条第一項、第九十二条の二第一項、第九十五条の二第一項及び第九十五条の三第一項に規定する権利並びに第九十四条の二及び第九十五条の三第三項に規定する報酬並びに第九十五条第一項に規定する二次使用料を受ける権利を享有する。
Producers of phonograms enjoy the rights provided for in Articles 96 and 96-2; Article 97-2, paragraph (1); and Article 97-3, paragraph (1), as well as the right to secondary use fees provided for in Article 97, paragraph (1) and the right to remuneration provided for in Article 97-3, paragraph (3).
レコード製作者は、第九十六条、第九十六条の二、第九十七条の二第一項及び第九十七条の三第一項に規定する権利並びに第九十七条第一項に規定する二次使用料及び第九十七条の三第三項に規定する報酬を受ける権利を享有する。
Broadcasters enjoy the rights provided for in Articles 98 through 100.
放送事業者は、第九十八条から第百条までに規定する権利を享有する。
Cablecasters enjoy the rights provided for in Articles 100-2 to 100-5.
有線放送事業者は、第百条の二から第百条の五までに規定する権利を享有する。
Enjoyment of the rights referred to in the preceding paragraphs requires no formalities.
前各項の権利の享有には、いかなる方式の履行をも要しない。
The rights referred to in paragraphs (1) through (4) (except the moral rights of performers as well as the right to remuneration and the right to secondary use fees referred to in paragraphs (1) and (2)) are called neighboring rights.
第一項から第四項までの権利(実演家人格権並びに第一項及び第二項の報酬及び二次使用料を受ける権利を除く。)は、著作隣接権という。
Article 90Connection between the Rights of Authors and Neighboring Rights
第九十条(著作者の権利と著作隣接権との関係)
Section 2 Rights of Performers
第二節 実演家の権利
Article 90-2Right of Attribution
第九十条の二(氏名表示権)
A performer has the right to decide whether to use the performer's name, stage name, or any other name to indicate the name of the performer in connection with the performance at the time it is made available or presented to the public, or to decide that the performer's name will not be indicated in connection with that performance.
Unless the performer has manifested a different intention, a person exploiting a performance may indicate the name of the performer in accordance with how the performer has already done so in connection with that performance.
The name of the performer may be omitted if it is found that doing so is unlikely to harm the interests of the performer in a claim to being the performer in that performance, in light of the purpose and circumstances of its exploitation, or if the omission is found to be compatible with fair practices.
The provisions of paragraph (1) do not apply in any of the following cases:
第一項の規定は、次の各号のいずれかに該当するときは、適用しない。
the performance is made available or presented to the public by the head of an administrative organ or by an incorporated administrative agency, etc., a local government agency, or a local incorporated administrative agency pursuant to the provisions of the Act on Access to Administrative Organs' Information, the Act on Access to Incorporated Administrative Agencies' Information, or information disclosure ordinance, and the name of the performer is indicated in accordance with how the performer has already done so for that performance;
the performance is made available or presented to the public by the head of an administrative organ, an incorporated administrative agency, etc., a local government agency, or a local incorporated administrative agency, pursuant to the provisions of Article 6, paragraph (2) of the Act on Access to Administrative Organs' Information, the provisions of Article 6, paragraph (2) of the Act on Access to Incorporated Administrative Agencies' Information, or the provisions of information disclosure ordinance that are equivalent to the provisions of Article 6, paragraph (2) of the Act on Access to Administrative Organs' Information, and it is a case in which the name of the performer is to be omitted.
行政機関情報公開法第六条第二項の規定、独立行政法人等情報公開法第六条第二項の規定又は情報公開条例の規定で行政機関情報公開法第六条第二項の規定に相当するものにより行政機関の長、独立行政法人等又は地方公共団体の機関若しくは地方独立行政法人が実演を公衆に提供し、又は提示する場合において、当該実演の実演家名の表示を省略することとなるとき。
the performance is made available or presented to the public by the head of the National Archives of Japan, etc. or the head of local archives, etc. pursuant to the provisions of Article 16, paragraph (1) of the Public Records Management Act or the provisions of public records management ordinance (limited to the provisions equivalent to those of that paragraph), and the name of the performer is indicated in accordance with how the performer has already done so for that performance.
Article 90-3Right to Integrity
第九十条の三(同一性保持権)
A performer has the right to preserve the integrity of the performance, and is not to be made to suffer any alteration, cut, or other modification to it that would damage the performer's honor or reputation.
The provisions of the preceding paragraph do not apply to modifications that are found to be unavoidable in light of the nature of the performance as well as the purpose and circumstances of its exploitation, nor to modifications that are found to be compatible with fair practices.
Article 91Sound Recording Rights and Visual Recording Rights
第九十一条(録音権及び録画権)
A performer has the exclusive right to record the sound and visuals of that performer's performance.
Unless the sound of a performance is recorded as a sound recording (other than one that is intended to be played exclusively alongside images), the provisions of the preceding paragraph do not apply to the sound or visuals of a performance that are recorded as part of a cinematographic work with the authorization of the owner of the right referred to in that paragraph.
Article 92Broadcasting and Cablecasting Rights
第九十二条(放送権及び有線放送権)
A performer has the exclusive right to broadcast and cablecast that performer's performance.
The provisions of the preceding paragraph do not apply in the following cases:
前項の規定は、次に掲げる場合には、適用しない。
a performance whose sound or visuals have been recorded with the authorization of the owner of the right provided for in paragraph (1) of the preceding Article;
a performance referred to in paragraph (2) of the preceding Article that has undergone sound recording or visual recording on an object other than a sound recording referred to in that paragraph.
Article 92-2Right to Make Available for Transmission
第九十二条の二(送信可能化権)
A performer has the exclusive right to make that performer's performance available for transmission.
The provisions of the preceding paragraph do not apply to any of the following performances:
a performance whose visuals have been recorded with the authorization of the owner of the right provided for in Article 91, paragraph (1);
a performance referred to in Article 91, paragraph (2) whose sound or visuals have been recorded other than as a sound recording referred to in that paragraph.
Article 93Fixation for Broadcasting Purposes
第九十三条(放送等のための固定)
A broadcaster that obtains the authorization to broadcast a performance from the owner of the rights provided for in Article 92, paragraph (1), may record the sound or visuals of that performance for the purpose of broadcasting or simultaneous broadcasting;, provided, however, that this does not apply if otherwise stipulated in the contract or if the sound or visuals are recorded with the purpose of using them in a broadcast program of a different content than the broadcast program under authorization.
The following persons are deemed to have recorded the sound or visuals as referred to in Article 91, paragraph (1):
a person that uses or makes available a sound or visual recording made pursuant to the provisions of the preceding paragraph, for a purpose other than broadcasting or simultaneous broadcasting or for the purpose referred to in the proviso to that paragraph;
a broadcaster or simultaneous broadcasting service that receives a sound or visual recording being made available that has been made pursuant to the provisions of the preceding paragraph, and that further makes it available for another broadcaster's broadcasting or another simultaneous broadcasting service's simultaneous broadcasting.
前項の規定により作成された録音物又は録画物の提供を受けた放送事業者又は放送同時配信等事業者で、これらを更に他の放送事業者又は放送同時配信等事業者の放送又は放送同時配信等のために提供したもの
Article 93-2Broadcasting of Fixations Made for Broadcasting Purposes
第九十三条の二(放送のための固定物等による放送)
Unless otherwise stipulated in the contract, if the owner of the right provided for in Article 92, paragraph (1) authorizes the broadcast of a performance, in addition to it being permissible to make the broadcast under that authorization, it is also permissible to make the following broadcasts:
a broadcast using the sound and visual recordings that the authorized broadcaster makes pursuant to the provisions of paragraph (1) of the preceding Article;
a broadcast made based on the reception of a sound or visual recording made available by the authorized broadcaster that has made that sound or visual recording pursuant to the provisions of paragraph (1) of the preceding Article;
a broadcast made based on the reception of an authorized broadcast program supplied by the authorized broadcaster (other than a broadcast under the preceding item).
If a performance is broadcast in a broadcast set forth in one of the items of the preceding paragraph, the broadcaster provided for in that item must pay a reasonable amount of remuneration to the owner of the right provided for in Article 92, paragraph (1).