Supplementary Provisions

一a phonogram (excluding one set forth in Article 8, item (i) or (ii) of the Copyright Act) that Japan is under the obligation to protect pursuant to the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms (referred to as "the Convention for the Protection of Phonograms" in the following item and paragraph (5), item (iii) of the Supplementary Provisions), and in which sounds are first fixed before the Act Partially Amending the Copyright Act (Act No. 49 of 1978) comes into effect;

二a phonogram set forth in Article 8, item (iii) of the Copyright Act (excluding one that Japan is under the obligation to protect pursuant to the Convention for the Protection of Phonograms) in which sounds are first fixed before the Amending Act of 1989 comes into effect.

一the reproduction, as a commercial phonogram, of a commercial phonogram (or of a copy of a commercial phonogram (this includes a copy that is two or more intervening reproductions removed from the commercial phonogram)) that a person in the business of producing commercial phonograms in Japan produces from the master of a phonogram (other than a phonogram falling under one of the items of Article 8) that is made available by the producer of that phonogram (referred to as a "commercial phonogram produced from a master from a specified foreign country" in the following item), for which the day that marks the passage of 20 years counting from the year following the year in which the sounds are first fixed into the master (referred to as the "day marking the end of the twenty-year prohibition" in the following item) is before the Act Partially Amending the Copyright Act (Act No. 87 of 1988; referred to as "the Amending Act of 1988" in the following item and item (iii)) comes into effect; the distribution of the copies of such a reproduced commercial phonogram as a commercial phonogram; or the possession of such copies for the purpose of distribution as a commercial phonogram;

二the distribution, or the possession for the purpose of distribution, of a commercial phonogram in which a commercial phonogram produced from a master from a specified foreign country has been reproduced on or before the day marking the end of the twenty-year prohibition, and for which the day marking the end of the twenty-year prohibition is before the Amending Act of 1988 comes into effect;

三the reproduction, as a commercial phonogram, of a commercial phonogram (or of a copy of a commercial phonogram (this includes a copy that is two or more intervening reproductions removed from the commercial phonogram)) that a person in the business of producing commercial phonograms in a place outside the jurisdiction of the Copyright Act produces from the master of a phonogram (other than a phonogram falling under one of the items of Article 8) that is made available by the producer of that phonogram that is the national of a Contracting State of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations or of the Convention for the Protection of Phonograms (the nationals of a Contracting State include corporations established based on the laws and regulations of that State and corporations that have principal offices in that State), for which the day that marks the passage of 20 years counting from the year following the year in which the sounds are first fixed into the master is before the Amending Act of 1988 comes into effect; the distribution of the copies of such a reproduced commercial phonogram as a commercial phonogram; or the possession of such copies for the purpose of distribution as a commercial phonogram.