Chapter I General Provisions Section 1 General Rules (Purpose) Article 1 The purpose of this Act is to protect the rights of authors, etc. and to contribute to the development of culture by providing for the rights of authors and rights related thereto with respect to works, performances, phonograms, broadcasts and wire-broadcasts, while taking into consideration the fair use of these cultural products. (Definition) Article 2 In this Act, the meanings of the terms listed in the following items shall be as prescribed respectively in those items (i) “Work” means a work that creatively expresses an idea or emotion and that falls within the scope of literature, science, art or music. (ii) “Author” means a person who creates a work. (iii) to act, dance, play, sing, orally recite, or otherwise perform a dramatic work (including similar acts which do not involve the performance of a work but which are of a performing nature) (2) “Performances” shall mean the following. (iv) Performer means an actor, dancer, performer, singer, or other person who gives a performance, and a person who conducts or directs a performance. (v) “phonograph record” means a phonograph sound disc, recording tape, or other object on which sound is fixed (excluding those intended to reproduce sound exclusively together with a shadow image). (viii) “phonograph record” means a record of a sound recording made by a person who is a member of the (vi) Record producer means the person who first fixed the sound fixed on the record. (vii) “Commercial phonogram” means a reproduction of a phonogram produced for the purpose of commercial sale. (vii)-2. Transmission of radio or wire telecommunications intended to be directly received by the public (transmission by means of telecommunications equipment, one part of which is installed in the same premises as another part of which is installed in the same area (in the case where such premises are occupied by two or more persons, in the area occupied by the same persons) Transmission (excluding transmission of program works) (excluding the transmission of program works) (2) The term “transmission” shall mean the transmission of a work (except for the transmission of a program work) by (viii) “broadcast public transmission” means a transmission of radio communication made for the purpose of simultaneous reception of the same content by the public. (ix) “Broadcaster” means a person who engages in broadcasting as a business. (ix)-2. A wired broadcast public transmission of a wired telecommunication which is made for the purpose of simultaneous reception by the public of a transmission of the same content. (ix-3) “Cable broadcasting operator” means a person who engages in cable broadcasting in the course of business. (ix-4) “Automatic public transmission” means a public transmission that is made automatically in response to a request from the public (excluding those that fall under the category of broadcasting or wire broadcasting). (ix) “Public transmission” shall mean (ix-5) Making transmittable means making available for automatic public transmission by any of the following acts (a) Automatic public transmission devices connected to telecommunication lines used by the public (meaning devices that have a function for automatic public transmission of information recorded on or input into a recording medium that is used for automatic public transmission (hereinafter in this item referred to as “recording medium for public transmission”) through connection to a telecommunication line used by the public. (2) “Automatic public transmission device” means a device that has the function of automatic public transmission of information recorded in or input into a recording medium (hereinafter in this item referred to as “recording medium for public transmission”) that is connected to a telecommunications line for public use. The same shall apply hereinafter). (iii) to record information on the recording medium for public transmission of an automatic public transmission device (hereinafter in this item referred to as “automatic public transmission device”), to add the recording medium on which information is recorded as the recording medium for public transmission of said automatic public transmission device, or to convert the recording medium on which information is recorded into the recording medium for public transmission of said automatic public transmission device, or to input information into said automatic public transmission device; or (b) For an automatic public transmission device whose information is recorded on its recording medium for public transmission or input into said automatic public transmission device, connection to a telecommunications line used by the public (when this is done by a series of acts such as wiring, starting the automatic public transmission device, activating the program for transmission and reception, and other acts, said (In the case where the connection is made through a series of acts such as wiring, starting the automatic public transmission equipment, activating the transmission/reception program, and other acts, the last of such series of acts.) (2) The act of connecting to a public telecommunication line. (x) “Film producer” means a person who has the initiative and responsibility for the production of a film work. (x-2) “Program” means a program expressed as a combination of commands to a computer so that it can function to obtain a single result. (x-3) “Database” means a collection of articles, numerical values, figures, and other information that is systematically organized so that such information can be retrieved using a computer. (xi) Derivative work means a work created by translating, arranging, or transforming a work, or by adapting, filming, or otherwise adapting a work. (xii) “Joint work” means a work created jointly by two or more persons, the contributions of each of whom cannot be separately and individually exploited. (xiii) fixing sound recordings to objects or increasing the production of such fixed objects. (xiv) Fixing a recording shadow image continuously to an object or increasing the number of such fixed objects. (xv) reproduction tangible reproduction by printing, photography, photocopying, sound recording, video recording or other methods, which shall include the following acts with respect to the following items, respectively (a) Screenplays and other similar dramatic works: Sound recording or video recording of the performance, broadcast, or cable broadcasting of such works. (b) Completion of a building in accordance with the drawings for the construction of a work of architecture. (xvi) Performances (including singing) The same shall apply hereinafter) (xvi) “Performing a work by a method other than a public performance (including singing; the same shall apply hereinafter). (xviii) to project a projected work (excluding a work transmitted to the public) onto a projection screen or other object (xviii) the projection of a cinematographic work (excluding a work transmitted to the public) onto a projection screen or other object, which shall include the reproduction of sound fixed in a cinematographic work. (xviii) Oral communication of a work by oral recitation or other means (excluding those falling under the category of performance) (xviii) “oral communication” means the oral communication of a work by oral recitation or other means (excluding those falling under performances) (xix) “distribution” means the transfer or lending of a copy to the public, whether for remuneration or without remuneration, and in the case of a motion picture work or a work reproduced in a motion picture work, shall include the transfer or lending of a copy of such motion picture work for the purpose of presenting such work to the public. This shall include the following. (xx) technological means of protection: electronic, magnetic or other means not recognizable by human perception (referred to as “electromagnetic means” in the following item and item (xxii)) (xx) technological means of protection: the protection of the moral rights or copyrights prescribed in Article 17, paragraph (1), publication rights, or the moral rights of performers prescribed in Article 89, paragraph (1), or neighboring rights prescribed in paragraph (6) of the same Article (hereinafter in this item, Article 30, paragraph (1), item (ii), Article 113, paragraph (7), and Article 120-2, items (i) and (iv), “copyright, etc.”) by means of electronic, magnetic, or other means not recognizable to human perception (hereinafter in the next item and item (xxii), “electromagnetic means”). Article 121(1)(i)) (i) Prevention or suppression of acts of infringement of copyrights, etc. (which means suppression of acts of infringement of copyrights, etc. by causing serious hindrance to the results of such acts; hereinafter the same shall apply in this item) The same shall apply in Article 30, paragraph (1), item (ii)). (i) means (except those used without the intention of the person who holds the copyright, etc.) to prevent or deter infringement (which means to deter infringement by causing a significant hindrance to the results of the infringing act) (i) means (except those used without the intention of the person who holds the copyright, etc.) of exploitation of works, performances, phonograms, broadcasts or wire-broadcasts (hereinafter referred to as “works, etc.“) (2) In the use of works, performances, phonograms, broadcasts or wire-broadcasts (hereinafter referred to as “works, etc.“) (including acts that would constitute an infringement of the moral rights of authors or performers if they were committed without the consent of the authors or performers), the equipment used in the use of such works, performances, phonograms, broadcasts or wire-broadcasts shall be used in accordance with the following provisions (2) In the case of the use of a work, performance, phonogram, or sound or image pertaining to a broadcast or cable broadcast (hereinafter referred to as a “work, etc.“) (including acts which, if committed without the consent of the author or the performer, would constitute an infringement of the moral rights of the author or the performer), a method of recording or transmitting signals on a recording medium for which the equipment used therefor has a specific response, or a method of recording or transmitting on a recording medium by converting the sound or image pertaining to a work, performance, phonogram or broadcast or cable broadcast so that such equipment requires specific conversion (2) The term “recording” shall mean the method of recording or transmitting a work, performance, phonogram, or sound or image pertaining to a broadcast or cable broadcast in such a way that the equipment requires specific conversion. (xxi) Technological Means of Use Restriction: The act of viewing a work, etc. (in the case of a program work, including the act of executing the said work on a computer; the same shall apply hereinafter in this item and Article 113 paragraph (6)) by electromagnetic means The same shall apply hereinafter in this item and Article 113 paragraph (6)) (2) Means to restrict the viewing of a work, etc. (including, in the case of a program work, the act of executing said work on a computer) by means of a copyright holder, publication right holder or holder of neighboring rights (hereinafter referred to as “copyright holder, etc.“) (excluding those used without the intention of the copyright holder, the holder of publishing right or the holder of neighboring rights (hereinafter referred to as “copyright holder, etc.”)). (i) means a means (excluding those used without the intention of the copyright holder, etc. (hereinafter referred to as “copyright holder, etc.”)) by means of recording or transmitting on a recording medium a signal to which the equipment used for viewing a work, etc. gives a specific response, or by means of recording or transmitting on a recording medium a sound or image pertaining to a work, performance, record or broadcast or cable broadcast converted so that such equipment requires a specific conversion; and (2) “Recording” means a method of recording or transmitting a work, performance, phonogram, or sound or image pertaining to a broadcast or cable broadcast on a recording medium by converting it so that the equipment requires specific conversion. (xxii) Rights management information: Information concerning moral rights or copyrights, publication rights, or rights under Article 89(1) through (4) (hereinafter referred to as “copyrights, etc.” in this item) as provided in Article 17(1) (a) to (c), which falls under any of the following items, is recorded on a recording medium or transmitted together with a work, performance, phonogram, or sound or image pertaining to a broadcast or cable broadcast by electromagnetic means (monitoring the status of use of a work, etc. and processing administrative work pertaining to permission for the use of a work, etc.) (excluding those not used for the management of copyrights, etc. (limited to those by computers)) (excluding those not used for the monitoring of the usage status of works, etc., processing of administrative work pertaining to the licensing of the use of works, etc., and other management of copyrights, etc. (limited to those by computer)) (iii) “Copyrights, etc. (a) Information identifying the work, etc., the person who holds the copyright, etc., and other matters specified by a Cabinet Order (b) Information on the method and conditions of use when licensing the use of a work, etc. (c) Information that will make it possible to identify the matters listed in (a) or (b) by cross-checking with other information (xxiii) The term “domestic place of enforcement of this Act” shall mean the place of enforcement of this Act. (xxiv) “Outside the State” means the area outside the place where this Act is in force. (2) The term “works of art” as used in this Act shall include works of art. (3) The term “cinematographic works” as used in this Act shall include works that are expressed in a manner that produces visual or audiovisual effects similar to those of films and that are fixed in an object. 4 The term “photographic works” as used in this Act shall include works that are expressed by means similar to the method of producing photographs. 5 The term “public” as used in this Act shall include a specific and numerous number of persons.Definition of “public 6 The term “juridical person” as used in this Act shall include associations or foundations that do not have juridical personality and for which a representative or administrator has been designated. 7 In this Act, “performance,” “performance,” or “dictation” means the playing of a performance, performance, or dictation of a work that has been recorded or videotaped (excluding those falling under public transmission or showing) and the transmission of a performance, performance, or dictation of a work by means of telecommunication facilities (excluding those falling under public transmission). (2) “Performance” and “dictation” shall include the playing of recorded or recorded performances, performances or dictations of works (excluding those falling under public transmission or showing) and the transmission of performances, performances or dictations of works using telecommunications facilities (excluding those falling under public transmission). (2) The following shall be included in the definition of “public transmission”. 8 “Loan” as used in this Act shall include the act of causing the same to acquire title to use, regardless of which name or method is used. 9 In this Act, the terms listed in paragraph (1), item (vii)-2, item (viii), item (ix)-2, item (ix)-4, item (ix)-5, or items (xiii) to (xix) inclusive, or in the preceding two paragraphs, shall include cases where these are used as verb stems, respectively. (Publication of works) Article 3 A work shall be reproduced in a reasonable number of copies which, in accordance with its nature, can meet the requirements of the public, without the permission of the person who has the right provided in Article 21 or his/her permission (meaning the permission for use under Article 63, paragraph (1); hereinafter the same shall apply in this Chapter and the next Chapter except in this paragraph, paragraph (1) of the following Article, Article 4-2 and Article 63. Hereinafter the same shall apply in this Chapter and the next Chapter, except in this paragraph, paragraph (1) of the following Article, Article 4-2 and Article 63). (i) A person who has obtained a publication right under Article 70 (including the right of reproduction under Article 80, paragraph (3); hereinafter the same shall apply in this Chapter and the next Chapter) or a person who has obtained a publication right under Article 79 or a reproduction license thereof (meaning a reproduction license under Article 80, paragraph (3); hereinafter the same shall apply in this Chapter and the next Chapter) The same shall apply in the proviso to Article 37 paragraph (3) and the proviso to Article 37-2). (2) In the case where a work has been prepared and distributed by a person who has obtained a license (meaning a license to reproduce under Article 80, paragraph 3; the same shall apply in the proviso to Article 37, paragraph 3 and the proviso to Article 37-2) (limited to the case where the rights of a person who has the rights prescribed in Article 26, Article 26-2, paragraph 1 or Article 26-3 are not infringed), the work shall be deemed to be published. (2) A document shall be deemed to have been issued in the following cases (2) In the case where the number of copies of a translation that is a derivative work as provided in the preceding paragraph is made and distributed pursuant to Article 28 by a person who has the same rights as those provided in Article 21 or a person who has obtained the permission of such a person (limited to the case where the provisions of Article 28 do not prejudice the rights of a person who has the same rights as those provided in Article 26, Article 26-2 paragraph (1) or Article 26-3) (limited to the case where the distribution does not prejudice the rights of a person who has the same rights as those provided in Article 26, Article 26-2 paragraph (1) or Article 26-3 pursuant to Article 28). (2) In the case where the original work is distributed (limited to the case where the provisions of Article 28 do not prejudice the rights of a person who has the same rights as those provided in Article 26, 26-2(1) or 26-3), the original work shall be deemed to be published. (3) The provisions of the preceding two paragraphs shall apply to a person who would have the rights set forth in the preceding two paragraphs if the work were protected by this Act, or a person who has obtained permission for the use of the work from such a person, by deeming such person to be the person who has the rights set forth in the preceding two paragraphs or the person who has obtained such permission, respectively. (Publication of works) Article 4 A work shall be published, or a work shall be transmitted to a person who has the rights prescribed in Articles 22 to 25 inclusive, or a person who has obtained his/her authorization (meaning the authorization for use under Article 63 paragraph (1); the same shall apply hereinafter), or a person who has obtained the establishment of a publication right under Article 79, or his/her public transmission authorization (meaning the public transmission authorization under Article 80 paragraph (3)). (2) The person who has obtained the right provided in Articles 22 to 25 inclusive, or the person who has obtained the establishment of the publication right provided in Article 79, or the public transmission license (meaning the license for public transmission under the provisions of Article 80 paragraph (3); the same shall apply hereinafter) thereof. The same shall apply in the following paragraph, the proviso to Article 37 paragraph (3) and the proviso to Article 37-2). (2) In the case of an architectural work, when the work is presented to the public by means of performance, performance, showing, public transmission, oral statement or exhibition by a person who has obtained the right prescribed in Article 21 (in the case of an architectural work, the right prescribed in Article 21 or its permission (meaning the permission for use under Article 63 paragraph (1)) or the permission of the person who has obtained the right prescribed in Article 21 (meaning the permission for use under Article 63 paragraph (1)) (2) In the case where a work of authorship is presented (including the case where a work of authorship is constructed by a person who has obtained the right under Article 21 or its authorization (meaning the authorization for use under Article 63 paragraph (1)) (2) A work shall be deemed to have been made public in the following cases (2) A work shall be deemed to have been published when it has been made transmittable by a person who has the right prescribed in Article 23(1) or a person who has obtained his/her authorization, or by a person who has obtained the establishment of a publication right under Article 79 or his/her authorization for public transmission. (3) Where a translation of a derivative work is presented to the public by means of performance, performance, showing, public transmission, or dictation by a person who has the same rights as those stipulated in Articles 22 to 24 inclusive or a person who has obtained permission therefrom pursuant to Article 28, or where a translation of a derivative work is made transmittable by a person who has the same rights as those stipulated in Article 23(1) pursuant to Article 28 (2) Where a work is made transmittable by a person who has the same rights as those prescribed in Article 23(1) or a person who has obtained the permission of such a person, the original work shall be deemed to have been made public. (4) A work of art or a photographic work shall be deemed to have been published when the exhibition under Article 45(1) is made by a person prescribed in the same paragraph. (5) These provisions shall apply to a person who would have rights under paragraphs (1) to (3) inclusive if the work were protected by this Act, or a person who has obtained consent for the use of the work from such a person, by deeming such person to be the person who has the rights under paragraphs (1) to (3) inclusive or the person who has obtained consent therefor, respectively. (Issue of record) Article 4-2 A phonogram shall be reproduced in such a way that a reasonable number of copies, which can satisfy the public demand in accordance with its nature, are made by a person who has the rights prescribed in Article 96 or his/her permission (meaning the permission for use under Article 63 paragraph (1) as applied mutatis mutandis pursuant to Article 103. The same shall apply in Chapter IV, Sections 2 and 3). (2) In the case where a work is prepared and distributed by a person who has the rights prescribed in Article 97-2, paragraph (1) or Article 97-3, paragraph (1) (limited to the case where the rights of a person who has the rights prescribed in Article 97-2, paragraph (1) or Article 97-3, paragraph (1) are not infringed), the work shall be deemed to have been published. (2) A document shall be deemed to have been issued in the following cases (Effect of the Convention) Article 5 If a treaty otherwise provides with respect to the rights of authors and rights adjacent thereto, the provisions thereof shall apply. Section 2 Scope of Application (Works to be protected) Article 6 A work shall be protected by this Act only if it falls under any of the following items (i) Japanese citizens (including juridical persons incorporated under the laws and regulations of Japan and juridical persons having their principal office in Japan. The same shall apply hereinafter) (ii) Works of Japanese nationals (including juridical persons established under the laws and regulations of Japan and juridical persons having their principal office in Japan) (ii) Works first published in Japan (including those first published abroad but published in Japan within 30 days from the date of publication) (iii) In addition to those listed in the preceding two items, works for which Japan is obliged to protect under a treaty (Demonstration of protection) Article 7 Performances shall be protected by this Act only if they fall under any of the following items (i) Performances performed in Japan (ii) Performances fixed on records listed in item (i) or (ii) of the following Article (iii) Performances transmitted in broadcasts listed in Article 9, item (i) or (ii) (excluding those which are recorded or recorded prior to transmission with the consent of the performer) (iv) Performances transmitted in wire broadcasts listed in each item of Article 9-2 (excluding those recorded or video recorded prior to transmission with the consent of the performer) (v) In addition to those listed in the preceding items, performances listed in any of the following (a) International Convention for the Protection of Performers, Record Producers and Broadcasters (hereinafter referred to as the “Convention for the Protection of Performers, etc.“) (a) Performances performed in countries that are parties to the International Convention for the Protection of Performers, Record Producers and Broadcasters (b) Performances fixed in phonograms listed in item (iii) of the following Article (c) Performances transmitted in broadcasts listed in Article 9, item (iii) (excluding those which are recorded or recorded prior to transmission with the consent of the performer) (vi) In addition to those listed in the preceding items, performances listed in any of the following (a) Performances in countries that are parties to the World Intellectual Property Organization Treaty on Performances and phonograms (hereinafter referred to as the “Performances and phonograms Treaty”) (a) Performances given in countries that are parties to the World Intellectual Property Organization Treaty on Performances and Recordings (hereinafter referred to as the “Performances and Recordings Treaty”) (b) Performances fixed in phonograms listed in item (iv) of the following Article (vii) In addition to those listed in the preceding items, any of the following performances (a) Performances in member countries of the World Trade Organization (b) Performances fixed on the phonograms listed in item (v) of the following Article (c) Performances transmitted in broadcasts listed in Article 9, item (iv) (excluding those that are recorded or recorded prior to transmission with the consent of the performer) (viii) In addition to those listed in the preceding items, performances pertaining to performers who are nationals of a Contracting Party to the Beijing Convention on Audiovisual Performances or who have their habitual residence in said Contracting Party (record receiving protection) Article 8 Only those phonograms that fall under any of the following items shall be protected by this Act. (i) Records with a Japanese national as the record producer (ii) A record whose sound fixed thereto was first fixed in Japan. (iii) In addition to those listed in the preceding two items, records listed in any of the following (a) Nationals of a Contracting Party to the Convention for the Protection of Performers, etc. (including juridical persons established under the laws and regulations of said Contracting Party and juridical persons having their principal office in said Contracting Party. The same shall apply hereinafter) (b) A phonogram whose phonogram producer is a national of a Contracting Party to the Convention for the Protection of Performers, Etc. (b) A phonogram in respect of which the sound fixed thereto was first fixed in a State Party to the Performers’ Protection Convention (iv) In addition to those listed in the preceding three items, records listed in any of the following (a) Nationals of the Contracting Parties to the Performances and Recordings Convention (including juridical persons established under the laws and regulations of said Contracting Parties and juridical persons having their principal offices in said Contracting Parties. The same shall apply hereinafter) (b) phonograms whose phonogram producer is a national of a Contracting Party to the Performances and Recordings Convention (b) a record in respect of which the sound fixed thereto was first fixed in a State Party to the Performances and Recordings Convention (v) In addition to those listed in the preceding items, records listed in any of the following (a) Nationals of a member country of the World Trade Organization (including juridical persons established under the laws and regulations of said member country and juridical persons having their principal office in said member country. The same shall apply hereinafter) (b) Records of which the record producer is a national of a member country of the World Trade Organization (including corporations established under the laws and regulations of said member country and corporations having their principal office in said member country) (b) a record whose sound fixed thereto was first fixed in a member country of the World Trade Organization (vi) in addition to what is listed in the preceding items, phonograms for which Japan is obligated to provide protection under the Convention for the Protection of Recordings from Unauthorized Duplication (referred to in Article 121-2 item (ii) as the “Treaty on the Protection of Recordings”) (vii) in addition to those listed in the preceding items, phonograms for which Japan is obligated to provide protection under the (Broadcasting with Protection) Article 9 Broadcasting shall be protected by this Act only if it falls under any of the following items (i) Broadcasting by a broadcaster who is a Japanese citizen (ii) Broadcasts made from broadcasting facilities located in Japan (iii) In addition to those listed in the preceding two items, broadcasts listed in any of the following (a) Broadcasting by a broadcaster who is a national of a State party to the Convention for the Protection of Performers, etc. (b) Broadcasts made from broadcasting facilities located in countries that are parties to the Convention for the Protection of Performers, etc. (iv) In addition to those listed in the preceding three items, broadcasts listed in any of the following (a) Broadcasting by a broadcaster that is a national of a member country of the World Trade Organization (b) Broadcasts made from broadcasting facilities located in a member country of the World Trade Organization (Wireline broadcasting with protection) Article 9-2 Cable broadcasting shall be protected by this Act only to the extent that it falls under any of the following items (i) Cable broadcasting (excluding those performed by receiving broadcasts; the same shall apply in the following item) of a cable broadcasting operator who is a Japanese citizen The same shall apply in the following item) (ii) Cable broadcasting made from cable broadcasting facilities located in Japan
This page is auto-translated from [/nishio/著作権法:ç¬¬ä¸€ç« ç·Źĺ‰‡](https://scrapbox.io/nishio/著作権法:ç¬¬ä¸€ç« ç·Źĺ‰‡) using DeepL. If you looks something interesting but the auto-translated English is not good enough to understand it, feel free to let me know at @nishio_en. I’m very happy to spread my thought to non-Japanese readers.