Supplementary Provisions

This Act comes into effect on January 1, 1971.

①Provisions of the post-amendment Copyright Act (hereinafter referred to as "the new Act") that concern copyright do not apply to a work for which the entirety of the copyright under the pre-amendment Copyright Act (hereinafter referred to as "the former Act") has expired as of the time this Act comes into effect.

②If part of the copyright to a work under the former Act has expired as of the time this Act comes into effect, the corresponding provisions of the new Act that concern the expired part of the copyright do not apply to that work.

③Notwithstanding the provisions of Articles 7 and 8 of the new Act, the provisions of the Copyright Act that concern neighboring rights (including the provisions of Articles 94-2 and 95; Article 95-3, paragraphs (3) and (4); Article 97; and Article 97-3, paragraphs (3) through (5)) apply to a performance that takes place before this Act comes into effect (excluding a performance falling under one of the items of Article 7 of the new Act) and to a phonogram in which sounds are first fixed before this Act comes into effect (excluding a phonogram falling under one of the items of Article 8 of the new Act) for which a copyright under the former Act exists at the time this Act comes into effect.

The provisions of Article 13, item (iv) of the new Act do not apply to a work that falls under that item on which print rights under the former Act have been established as of the time this Act comes into effect, but only within the lifetime of those print rights.

The provisions of Articles 15 and 16 of the new Act do not apply to a work created before this Act comes into effect.

①Prior laws continue to govern the ownership of a copyright to a cinematographic as provided in Article 29 of the new Act which has been created before this Act comes into effect.

②The provisions of the new Act do not preclude the validity, pursuant to the provisions of Article 24 or 25 of the former Act, of the ownership of a copyright to a photographic work that is included in another work before this Act comes into effect, or the ownership of a copyright to a work of photographic portraiture created on commission before this Act comes into effect from becoming valid pursuant to the provisions of Article 24 or 25 of the former Act.

With regard to the application of the provisions of Article 30, paragraph (1), item (i) and Article 119, paragraph (2), item (ii) of the Copyright Act, until otherwise provided for by law, the automated duplicators prescribed in these provisions do not include those exclusively used for reproducing documents or pictures.

The owner of a copyright to an artistic work the original of which is permanently installed in the outdoor location provided for in Article 45, paragraph (2) of the new Act as of the time this Act comes into effect is deemed to have authorized the exhibition of that work through its installation.

If the duration of copyright under the former Act for a work made public before this Act comes into effect is longer than the period under Chapter II, Section 4 of the new Act, prior laws continue to govern the duration of copyright for that work.

The provisions of Articles 7 and 9 of the former Act remain in force for a work published before this Act comes into effect.

Except in a case falling under the provisions of Article 15, paragraph (1) of the Supplementary Provisions, a transfer or other disposal of a copyright as referred to the former Act, which is carried out before this Act comes into effect, is deemed to be the corresponding transfer or other disposal of a copyright as referred to in the new Act.

①The provisions of Article 13, paragraphs (1) and (3) of the former Act remain in force for a work created before this Act comes into effect by two or more persons whose contributions to the work can be separated so as to allow each part of the work to be used independently.

②With regard to the application of the provisions of Article 51, paragraph (2) and Article 52, paragraph (1) of the new Act, the work referred to in the preceding paragraph is deemed to be a joint work.

①The provisions of Article 69 of the new Act do not apply to a sound recording for producing another commercial phonogram of a musical work whose sound has been recorded onto a commercial phonogram that is sold in Japan before this Act comes into effect.

②The person that was to be entitled to exploit a work pursuant to the provisions of Article 22-5, paragraph (2) or Article 27, paragraph (1) or (2) of the former Act is entitled to exploit that work pursuant to continued governance by the provisions previously in force.

③The amount of compensation fixed by the Commissioner of the Agency for Cultural Affairs pursuant to the provisions of Article 22-5, paragraph (2) or Article 27, paragraph (2) of the former Act is deemed to be the amount of compensation fixed pursuant to the provisions of Article 68, paragraph (1) or Article 67, paragraph (1) of the new Act, and the provisions of Articles 72 and 73 of the new Act apply.

④In a case referred to in the preceding paragraph, if a party that is dissatisfied with the relevant amount of compensation learns of the issuance of a compulsory license before this Act comes into effect, the period provided for in Article 72, paragraph (1) of the new Act is calculated as from the date on which this Act comes into effect.

①Except in a case falling under the provisions of Article 15, paragraph (3) of the Supplementary Provisions, a disposition or process connected with the registration of a copyright, registration of the author's true name, or registration of the date of first publication as referred to in Article 15 of the former Act is deemed to be the disposition or process connected with the corresponding registration as referred to in Article 75 to Article 77 of the new Act.

②The provisions of Article 35, paragraph (5) of the former Act remain in force for a work whose date of authorship is registered as referred to in Article 15, paragraph (3) of the former Act as of the time this Act comes into effect.

①Print rights under the former Act that are established before this Act comes into effect and that exist as of the time this Act comes into effect are deemed to be print rights under the new Act.

②A disposition or process connected with the registration of print rights as referred to in Article 28-10 of the former Act that is done before this Act comes into effect is deemed to be the corresponding disposition or process connected with the registration as referred to in Article 88 of the new Act.

③Notwithstanding the provisions of Articles 80 through 85 of the new Act, the provisions of Articles 28-3 to 28-8 of the former Act remain in force for the print rights referred to in paragraph (1) of this Article.

①A transfer or other disposal of a copyright referred to in the former Act that is carried out before this Act comes into effect, which is connected with a performance that takes place before this Act comes into effect or with a phonogram in which sounds are first fixed before this Act comes into effect and to which the provisions of the new Act that concern neighboring rights begin to apply from the date on which this Act comes into effect, is deemed to be a transfer or other disposal of the corresponding neighboring rights referred to in the new Act.

②Notwithstanding the provisions of Article 101 of the new Act, if the day on which the duration of copyright expires under the former Act is after the day on which the duration expires under the provisions of Article 101 of the new Act, the duration of neighboring rights linked to a performance or phonogram which is provided for in the preceding paragraph and for which a copyright under the former Act exists at the time this Act comes into effect is until the day on which the duration of copyright expires under the former Act (or, if this falls after the day that marks the passage of 70 years counting from the day on which this Act comes into effect, the duration of such neighboring rights is until the day that marks the passage of those 70 years).

③A disposition or other process connected with the registration of a copyright as referred to Article 15, paragraph (1) of the former Act, which is made for a performance or phonogram provided for in paragraph (1) of this Article before this Act comes into effect, is deemed to be the disposition or other process connected with the corresponding registration of neighboring rights as referred to in Article 104 of the new Act.

④The provisions of Article 10, paragraph (1) and Article 12, paragraph (2) of the Supplementary Provisions apply mutatis mutandis to the performance or phonograms provided for in paragraph (1) of this Article.

Copies of a work, performance, or phonogram which have been made before this Act comes into effect and which would be lawful if the provisions of Chapter II, Section 3, Subsection 5 of the new Act (including as applied mutatis mutandis pursuant to Article 102, paragraph (1) of the new Act) were to be applied, may be used or distributed within the scope of the purposes of reproduction set forth in those provisions. In such a case, the provisions of Article 113, paragraph (1), item (ii) of the new Act do not apply.

With regard to an act committed before this Act comes into effect in violation of Article 18, paragraph (1) or (2) of the former Act, or an act that constitutes counterfeiting as provided for in Chapter III of the former Act (including an act that infringes print rights), notwithstanding the provisions of Article 14 and Chapter VIII, the provisions of Article 12, Article 28-11, Article 29, Article 33, Article 34, Article 35, paragraphs (1) through (4), Article 36, and Article 36-2 of the former Act then in force continue to govern.

Prior laws continue to govern the applicability of penal provisions to an action that a person undertakes before this Act comes into effect.