WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU CO:MMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/I/JPN/C/l 
20 March 1996 
(96-1014) 
Original: English/anglais/ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
The present document reproduces the text of the Copyright Lawl, as notified by Japan under 
Article 63.2 of the Agreement (see document IP/N/1/JPN/l). 
Conseil des aspects des droits de. propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
Le present document contient le texte de la Loi sur le droit d' auteurl, notifie par le J apon au 
titre de I'article 63:2 de l' Accord (voir le document IP/N/1/JPN/l). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
El presente documento reproduce el texto de la Ley del Derecho de Autorl, notificado por 
el Japan en virtud de 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo (vease el 
documento IP 1Nl 1 IJPN 11). 
IIn English only.lAnglais seulement.lEn ingles solamente. IP/N/I/JPN/C/l 
Page 2 
1. COPYRIGHT LAW 
(Law No. 48, promulgated on May6, 1970) 
Amendments by : 
Law No. 49, of May 18, 1978, 
Law No. 45, of May 19,1981 
Law No. 78, of December 2, 1983, 
Law No. 23, of May 1, 1984, 
Law No. 46, of May 25, 1984, 
Law No. 62, of June 14, 1985, 
Law No. 64, of May 23, 1986, 
Law No. 65, of May 23, 1986, 
Law No. 87, of November 1,1988, 
Law No. 43, of June 28, 1989, 
Law No. 63, of May 2, 1991, 
Law No. 106, of December 16, 1992, 
Law No. 89, of November 12, 1993, 
Law No. 112, of December 14. 1994 
and Law No. 91, of May 12, 1995 
Table of Contents : 
Chapter I General provisions. 
Section 1 General rules (Articles 1 to 5). 
Section 2 Scope of application (Articles 6 to 9 bis). 
Chapter IT Rights of authors. 
Section 1 Works (Articles 10 to 13). 
Section 2 Authors (Articles 14 to 16). 
Section 3 Contents of rights. 
Subsection 1 General rules (Article 17). 
Subsection 2 Moral rights (Articles 18 to 20). 
Subsection 3 Rights comprised in copyright (Articles 21 to 28). 
Subsection 4 Ownership of copyright in cinematographic works (Article 29). 
Subsection 5 Limitations on copyright (Articles 30 to 50). 
Section 4 Term of protection (Articles 51 to 58). 
Section 5 Inalienability of moral rights, etc. (Articles 59 and 60). 
Section 6 Transfer and expiry of copyright (Articles 61 and 62). 
Section 7 Exercise of rights (Articles 63 to 66). 
Section 8 Exploitation of works under compulsory license (Articles 67 to 70). 
Section 9 Compensation (Articles 71 to 74). 
Section 10 Registration (Articles 75 to 78bis). Chapter III Right of publication (Articles 79 to 88). 
Chapter IV Neighboring rights. 
Section 1 General rules (Articles 89 and 90). 
Section 2 Rights of performers (Articles 91 to 95bis) . 
Section 3 Rights of producers of phonograms (Articles 96 to 97bis). 
Section 4 Rights of broadcasting organizations (Articles 98 to 100). IP/N/1/JPN/C/l 
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Section 5 Rights of wire diffusion organizations (Articles 1 OObis to 100 quater). 
Section 6 Term of protection (Article 101). 
Section 7 Limitations, transfer, exercise and registration of the rights (Articles 102 to 104). 
Chapter V Compensation for private recording (Articles 1 04bis to 104undecies) 
Chapter VI Settlement of disputes (Articles 105 to 111). 
Chapter VII Infringements (Articles 112 to 118). 
Chapter VIII Penal provisions (Articles 119 to 124). 
Supplementary provisions. 
(Purpose) Chapter I General Provisions 
Section 1 General Rules 
Article 1. -The purpose of this Law is, by providing for the rights of authors and the rights 
neighboring thereon with respect to works as well as performances, phonograms, broadcasts and 
wire diffusions, to secure the protection of the rights of authors, etc. having regard to a just and fair 
exploitation of these cultural products, and thereby to contribute to the development of culture. 
(Definitions) 
Article 2. -(1) In this Law, the following terms shall have the meaning hereby assigned to 
them respectively. 
(i) .. work" means a production in which thoughts or sentiments are expressed -in a creative 
way and which falls within the literary, scientific, artistic or musical domain; 
(ii) .. author" means a person who creates a work; 
(iii) .. performance" means the acting on stage, dancing, musical playing, singing, 
delivering, declaiming or performing in other ways of a work, and includes similar acts not involving 
the performance of a work which have the nature of public entertainment; 
(iv) .. performers" means actors, dancers, musicians, singers and other persons who give a 
performance as well as those who conduct or direct a performance; 
(v) .. phonograms to means fixations of sounds on phonographic discs, recording,tapes and 
other material forms, excluding those intended for use exclusively with images; 
(vi) .. producers of phonograms" means those who first fix the sounds contained in 
phonograms; 
(vii) .. commercial phonograms" means copies of phonograms made for commercial 
purposes; 
(viii) " broadcasting" means the transmission of radio communication intended for direct 
reception by the public; IP/N/lIJPN/C/1 
Page 4 
(ix) .. broadcasting organizations" means those who engage in the broadcasting business 
(ixbis) .. wire diffusion" means the wire transmission intended for simultaneous reception by 
the public of the transmission having the same contents; 
(ixter) .. wire diffusion organizations" means those who engage in wire diffusion service; 
(x) .. makers of cinematographic works" means those who take the initiative in, and the 
responsibility for, the making of a cinematographic work; 
(xbis) .. program" means an expression of combined instructions given to a computer so as 
to make it function and obtain a certain result; 
(xter) .. data bases" means an aggregate of information such as articles, numericals or 
diagrams, which is systematically constructed so that such information can be searched for with the 
aid of a computer; 
(xi) .. derivative work" means a work created by translating, arranging musically, 
transforming, dramatizing, cinematizing or otherwise adapting a pre-existing work; 
(xii) " joint work" means a work created by two or more persons in which the contribution of 
each person cannot be separately exploited; 
(xiii) .. sound recording" means the fixation of sounds on some material forms and the 
multiplication of such fixation; 
(xiv) .. visual recording" means the fixation of a sequence of images on some material 
forms and the multiplication of such fixation; 
(xv) .. reproduction" means the reproduction in a tangible form by means of printing, 
photography, polygraphy, sound or visual recording or otherwise; and 
(a) in the case of dramas and other similar dramatic works, it includes sound and visual 
recording of the actings, broadcasts or wire diffusions of these works; and 
(b) in the case of architectural works, it includes the construction of an architectural work 
according to its plan; 
(xvi) .. acting" means the performance of works by means other than musical playing ( .. 
musical playing" includes singing; the same shall apply hereinafter); 
(xvii) .. wire transmission" means the transmission of wiretelecommunication intended for 
direct reception by the public, excluding the transmission by wiretelecommunication installations 
one part of which is located on the same premises where the other part is located or, if the 
premises are occupied by two or more persons, both parts of which are located within the area 
therein occupied by one person; 
(xviii) .. recitation" means the oral communication by means of reading or otherwise, not 
falling within the term .. performance" ; 
(xix) " cinematographic presentation" means the projection of a cinematographic work on 
the screen or other material forms, and includes such an intangible reproduction of sounds fixed in 
that cinematographic work as made in company with its projection; 
(xx) .. distribution" means the transfer and lending of copies of a work to the public, 
whether with or without payment, and in the case of a cinematographic work or a work reproduced IP/NIl/JPN/CI 1 
Page 5 
therein, it includes the transfer and lending of copies of such work for the purpose of making the 
cinematographic work available to the public; 
(xxi) .. this country" means the jurisdiction in which this Law is effective. 
(2) As used in this Law, "artistic work" includes a work of artistic craftsmanship. 
(3) As used in this Law, .. cinematographic work" includes a work expressed by a process 
producing visual or audio-visual effects analogous to those of cinematography and fixed in some 
material forms. 
(4) As used in this Law, .. photographic work" includes a work expressed by a process 
analogous to photography. 
(5) As used in this Law, .. the public" includes a large number of specific persons. 
(6) As used in this Law, .. legal person" includes non-juridical associations or foundations 
having representatives or administrators. 
(7) In this Law, .. performance" and .. recitation" include the performance or recitation 
of a work by means of sound or visual recordings, not falling within the term .. broadcasting" 
" wire transmission" or .. cinematographic presentation" ,and .. performance" 
recitation" and .. cinematographic presentation" include the communication by means of 
telecommunication installations of performances, recitations or cinematograplic presentations of 
works, not falling within the term .. broadcasting" or" wire transmission" 
(8) In this Law, "lending" includes any kind of similar acts of making acquire an authority 
to use, whatever may be their purpose or means. 
(9) In this Law, the meanings assigned to the terms defined in paragraph 1, items (viii), (ixbis) 
and (xiii) to (xx) and the preceding two paragraphs shall also apply to their variant forms, as the 
case may be. 
(Publishing of works) 
Article 3.-(1) A work has been .. published" when copies of the work have been 
reproduced and distributed by a person who has the right mentioned in Article 21 or with the 
authorization of such person ( "authorization" means the authorization to exploit a work under 
the provision of Article 63, paragraph (1); the same shall apply hereinafter in this and the next 
Chapters, except that Article) or by a person in favour of whom the right of publication mentioned in 
Article 79 has been established, in such sufficient quantities as satisfy the reasonable requirements 
of the public, having regard to the nature of the work (without prejudice to the right of a person who 
has the right mentioned in Article 26 or Article 26bis). 
(2) A work shall be considered as having been .. published" when copies of its translation 
have been reproduced and distributed, in such quantities as provid ed for in the preceding 
paragraph, by a person who has the same right as that mentioned in Article 21 by virtue of the 
provisions of Article 28 or with the authorization of such person (without prejudice to the right of a 
person who has the same right as that mentioned in Article 26 or Article 26bis by virtue of the 
provision of Article 28). 
(3) A person who would have the right mentioned in any of the preceding ,two paragraphs if 
this work were protected under this Law or a person who obtained the authorization to exploit the IP/NIlIJPN/CI 1 
Page 6 
work from such person shall be considered to be a person who has such right or a person who 
obtained the authorization from such person, and these paragraphs shall apply with respect to 
those persons. 
(Making public of works) 
Article 4.-(1) A work has been .. made public" when it has been published, or when it has 
been made available to the public, by a person who has the rights mentioned in Articles 22 to 26 
or with the authorization of such person, by means of peJiormance, broadcasting, wire 
transmission, recitation, exhibition or cinematographic presentation. In the case of architectural 
works, a work also has been "made public" when it has been constructed by a person who 
has the right mentioned in Article 21 or with the authorization of such person. 
(2) A work shall be considered as having been .. made public" when its translation has 
been made available to the public by a person who has the same rights as those mentioned in 
Articles 22 to 24 or Article 26 by virtue of the provision of Article 28 or with the authorization of 
such person by means of performance, broadcasting, wire transmission, recitation or 
cinematographic presentation. 
(3) An artistic work or a photographic work shall be considered as having been .. made public 
when it has been exhibited, by such a person as mentioned in Article 45, paragraph 1, in 
such a manner as provided for in that paragraph. 
(4) Works defined in Article 12bis, paragraph 1 shall be considered as having been .. made 
public" when such works have been put, by a person having the rights mentioned in Article 23, 
paragraph (1) or with the authorization of such person, in such a state that they may be made 
available to the public by means of wire transmision made in response to a request from the public. 
(5) A person who would have the right mentioned in paragraph (1) or (2) or the preceding 
paragraph of this Article if his work were protected under this Law or a person who obtained the 
authorization to exploit the work from such person shall be considered to be a person who has 
such right or a person who obtained the authorization from such person, and these paragraphs 
shall apply with respect to those persons. 
(Priority of international treaty) 
Article 5.-lf an international treaty provides othelWise with respect to the rights of authors and 
the rights neighboring thereon, the provisions thereof shall prevail. 
Section 2 Scope of Application 
(Works) 
Article 6.-The following shall be granted protection under this Law: 
(i) works of Japanese nationals ( .. Japanese nationals" includes legal persons established 
under the Japanese law and those who have their principal offices in this country; the same shall 
apply hereinafter); 
(ii) works first published in this country, including those first published abroad and published in 
this country within thirty days of that first publication; 
(iii) works not falling within those mentioned in the preceding two items, to which Japan has the 
obligation to grant protection under an international treaty. (P erforma n ces) IP/NIl/JPN/CI 1 
Page 7 
Article 7. -The following shall be granted protection under this Law: 
(i) performances which take place in this country; 
(ii) periormances fixed in the phonograms mentioned in item (i) or (ii) of the next Article; 
(iii) performances transmitted through the broadcasts mentioned in Article 9, item (i) or (ii), 
excluding those incorporated in sound or visual recordings before the transmission with the 
authorization of the performers concerned; 
(iv) performances transmitted through the wire diffusions mentioned in each item of Article 9bis, 
excluing those incorporated in sound or visual recordings before the transmission with the 
authorization of the performers concerned; 
(v) any of the following performances not falling within those mentioned in the preceding four 
items; 
(a) performances which take place in a Contracting State of the International Convention for 
the Protection of Performers, Producers of Phonograms and Broadcasting Organizations 
(hereinafter referred to as " the Convention for the Protection of Performers, etc." ); 
(b) performances fixed in the phonograms mentioned in item (iii) of the next Article; 
(c) performances transmitted through the broadcasts mentioned in Article 9, item (iii), 
excluding those incorporated in sound or visual recordings before the transmission with the 
authorization of the performers concerned; 
(vi) any of the following performances not falling within those mentioned in the preceding five 
items: 
(a) performances which take place in a member of the World Trade Organization; 
(b) performances fixed in the phonograms mentioned in item (iv) of the next Article; 
(c) performances transmitted throug h the broadcasts mentioned in Article 9, item (iv), 
excluding those incorporated in sound or visual recordings before the transmission with-the 
authorization of the performers concerned." 
(Phonograms) 
Article B.-The following shall be granted protection under this Law: 
(i) phonograms the producers of which are Japanese nationals; 
(ii) phonograms composed of the sounds which were first fixed in this country; 
(iii) any of the following phonograms not falling within those menitioned in the preceding two 
items: 
(a) phonograms the producers of which are nationals of any of the Contracting States of the 
Convention for the Protection of Performers, etc. ( "nationals" includes legal persons 
established under the law of such State and those who have their principal offices in such State 
the same sail apply hereinafter.); 
(b) phonograms composed of the sounds which were first fixed in any of the Contracting 
States of the Convention for the Protection of Performers, etc. 
(iv) any of the following phonograms not falling within those mentioned in the preceding three 
items: IP IN I lIJPN lel 1 
Page 8 
(a) phonograms the producers of which are nationals of any of the members of the World 
Trade Organization ( .. nationals" includes legal persons established under the law of such 
member and those who have their prinCipal offices in such member; the same shall apply 
hereinafter) ; 
(b) phonograms composed of the sounds which were first fixed in any of the members of the 
World Trade Organization. 
(v) phonograms not falling within those mentioned in the preceding four items, to which Japan 
has the obligation to grant protection under the Convention for the Protection of Producers of 
Phonograms Against Unauthorized Duplication of Their Phonograms (in Article 121 bis, item (ii), 
referred to as .. the Phonograms Convention" ). 
(Broadcasts) 
Article 9.-The following shall be granted protection under This Law: 
(i) broadcasts transmitted by broadcasting organizations of Japanese nationality; 
(ii) broadcasts transmitted from transmitters situated in this country; 
(iii) any of the following broadcasts not falling within those mentioned in the preceding two 
items: 
(a) broadcasts transmitted by broadcasting organizations who are nationals of any of the 
Contracting States of the Convention for the Protection of Performers, etc.; 
(b) broadcasts transmitted from transmitters situated in any of the Contracting States of the 
Convention for the Protection of Performers, etc. 
(iv) any of the following broadcasts not falling within those mentioned in the preceding three 
items: 
(a) broadcasts transmitted by broadcasting organizations who are nationals of any of the 
members of the World Trade Organization; 
(b) broadcasts transmitted from transmitters situated in any of the members of th.e World 
Trade Organization. 
(Wire diffusions) 
Article 9bis.-The following shall be granted protection under this Law: 
(i) wire diffusions transmitted by wire diffusion organizations of Japanese nationality (excluding 
those made upon receiving broadcasts; the same shall apply in the next item); 
(ii) wire diffusions transmitted from wire transmitters situated in this country. 
Chapter IT Rights of Authors 
Section 1 Works 
(Classification of works) 
Article 10.-(1) As used in this Law, .. works" shall include, in particular, the following: 
(i) novels, dramas, articles, lectures and other literary works; 
(ii) musical works; 
(iii) choreographic works and pantomimes; 
(iv) paintings, engravings, sculptures and other artistic works; 
(v) architectural works; IP IN I lIJPN ICI 1 
Page 9 
(vi) maps as well as figurative works of a scientific nature such as plans, charts, and models; 
(vii) cinematographic works; 
(viii) photographic works; 
(ix) program works. 
(2) News of the day and miscellaneous facts having the character of mere items of information 
shall not fall within a term .. works" mentioned in item (i) of the preceding paragraph. 
(3) The protection granted by this Law to works mentioned in paragraph 1, item (ix) shall 
not extend to any programming language, rule or algorithm used for making such works. In this 
case, the following terms shall have the meaning hereby assigned to them respectively: 
(i) .. programming language" means letters and other symbols as well as their systems for 
use as means of expressing a program; 
(ii) .. rule" means a special rule on how to us~ in a particular program a programming 
language mentioned in the preceding item; 
(iii) .. algorithm" means methods of combining, in a program, instructions given to a 
computer. 
(Derivative works) 
Article 11.-The protection granted by this Law to derivative works shall not prejudice the rights of 
authors of pre-existing works. 
(Compilations) 
Article 12.-(1) Compilations which, by reason of the selection or arrangement of their contents, 
constitute intellectual creations shall be protected as independent works. 
(2) The provision of the preceding paragraph shall not prejudice the rights of authors of works 
which form part of compilations defined in that paragraph. 
(Data base works) 
Article 12bis.-(1) Data bases which, by reason of the selection or systematic construction of 
information contained therein, constitute intellectual creations shall be protected as independent 
works. 
(2) The provision of the preceding paragraph shall not prejudice the rights of authors of works 
which form part of data bases defined in that paragraph. 
(Works not protected) 
Article 13.-The following shall not form the subject matter of the rights provided for in this 
Chapter: 
(i) the Constitution and other laws and regulations; 
(ii) notifications, instructions, circular notices and the like issued by organs of the State or local 
public entities; 
(iii) judgments, decisions, orders and decrees of law courts, as well as rulings and decisions 
made by administrative organs in proceedings similar to judicial ones; 
(iv) translations and compilations, of those materials mentioned in the preceding three items, 
made by organs of the State or local public entities; 
Section 2 Authors IP/N/lIJPN/C/1 
Page 10 
(Presumption of authorship) 
Article 14.-A person, whose name or appellation (hereinafter referred to as "true name" ), or 
whose generally I<.nown pen name, abbreviation or other substitute for his true name (hereinafter 
referred to as "pseudonym" ) is indicated as the name of the author in the customary manner 
on the original of his work or when his work is offered to or made available to the public, shall be 
presumed to be the author of that work. 
(Authorship of a work made by an employee in the course of his duties) 
Article 15.-(1) The authorship of a work (except a program work) which. on the initiative of a 
legal person or other employer (hereinafter in this Article referred to as .. legal person, etc." ), 
is made by his employee in the course of his duties and is made public under the name of such 
legal person, etc. as the author shall be attributed to that legal person, etc., unless otherwise 
stipulated in a contract, work regulation or the like in force at the time of the making of the work. 
(2) The authorship of a program work which, on the initiative of a legal person, etc. is 
made by his employee in the course of his duties, shall be attributed to that legal person, etc., 
unless ~therwise stipulated in a contract, work regulation or the like in force at the time of the 
making of the work. 
(Authorship of a Cinematographic work) 
Article 16.-The authorship of a cinematographic work shall be attributed to those who, by 
taking charge of producing, directing, filming, art direction, etc., have contributed to the 
creation of that work as a whole, excluding authors of novels, scenarios, music or other works 
adapted or reproduced in that work; provided, however, that the provision of the preceding 
Article is not applicable. 
Section 3 Contents of the Rights 
Subsection 1 General Rules 
(Rights of authors) 
Article 17.-(1) The author shall enjoy the rights mentioned in paragraph (1) of the next Article, 
Article 19, paragraph (1) and Article 20, paragraph(1 )(hereinafter referred to as "moral rights" 
as well as the rights mentioned in Articles 21 to 28 (hereinafter referred to as .. copyright" ). 
(2) The enjoyment of moral rights and copyright shall not be subject to any formality. 
Subsection 2 Moral Rights 
(Right of making the work public) 
Article 18.-(1) The author shall have the rights to offer to and to make available to the public 
his work which has not yet been made public (including a work which has been made public 
without his consent, the same shall apply in the next paragraph). The author shall have the same 
right with respect to works derived form his work which has not yet been made public. 
(2) In the following cases, the author shall be presumed to have consented to the following 
acts: 
(i) where copyright in his work which has not yet been made public has been transferred, the 
offering to and the making available to the public of the work by exercising the copyright therein; 
(ii) where the original of his artistic or photographic work which has not yet been made public IP/NI 1 IJPN/CI 1 
Page 11 
has been transferred: the making available to the public of the work by exhibiting its original; 
(iii) where the ownership of copyright in his cinematographic work belongs to the maker under 
the provision of Article 29: the offering to and the making available to the public of the work by 
exercising the copyright therein. 
(Right of determining the indication of the author's name) 
Article 19.-(1) The author shall have the right to determine whether his true name or 
pseudonym should be indicated or not as the name of the author, on the original of his work or 
when his work is offered to or made available to the public. The author shall have the same right 
with respect to the indication of his name when works derived form his work are offered to or made 
available to the public. 
(2) In the absence of any declaration of the intention of the author to the contrary, a person 
using his work may indicate the name of the author in the same manner as that already adopted 
by the author. 
(3) It shall be permissible to omit the name of the author where it is found that there is no risk 
of damage to the interests of the author in his claim to authorship in the light of the purpose and 
the manner of exploiting his work and in so far as such omission is compatible with fair practice. 
(Right of preserving the integrity) 
Article 20.-(1) The author shall have the right to preserve the integrity of his work and its title 
against any distortion, mutilation or other modification against his will. 
(2) The provision of the preceding paragraph shall not apply to the following modifications, 
(i) change of ideographs or words or other modifications deemed unavoidable for the purpose 
of school education in the case of the exploitation of works under the provisions of Article 33, 
paragraph (1) (including the case where its application mutatis mutandis is provided for under the 
provision of paragraph (4) of the same Article) and Article 34, paragraph (1); 
(ii) modification of an architectural work by means of extension, rebuilding, repairing, or 
remodeling; 
(iii) modification which is necessary for enabling to use in a particular computer a program 
work which is othervvise unusable in that computer, or to make more effective the use of a program 
work in a computer; 
(iv) other modifications not falling within those mentioned in the preceding three items, which 
are deemed unavoidable in the light of the nature of a work as well as the purpose and the manner 
of exploitation. 
Subsection 3 Rights Comprised in Copyright 
(Right of reproduction) 
Article 21.-The author shall have the exclusive right to reproduce his work. 
(Right of performance) 
Article 22.-The author shall have the exclusive right to perform his work publicly ( .. publicly" 
means for the purpose of making a work seen or heard directly by the public; the same shall apply 
hereinafter) . 
(Rights of broadcasting, wire transmission, etc.) IP/NIlIJPN/CI 1 
Page 12 
Article 23.-(1) The author shall have the exclusive rights to broadcast and to transmit by wire 
his work. 
(2) The author shall have the exclusive right to communicate publicly, by means of a receiving 
apparatus, his work broadcast or transmitted by wire. 
(Right of recitation) 
Article 24.-The author of a literary work shall have the exclusive right to recite publicly his work. 
(Right of exhibition) 
Article 25.-The author of an artistic work or of an unpublished photographic work shall have the 
exclusive right to exhibit publicly the original of his work. 
(Rights of cinematographic presentation and distrbution) 
Article 26.-(1) The author of a cinematographic work shall have the exclusive rights to present 
publicly his work and to distribute its copies. 
(2) The author of a work reproduced in a cinematographic work shall have the exclusive rights 
to present publicly his work and to distribute its copies. 
(Right of lending) 
Article 26bis.-The author shall have the exclusive right to offer his work (except a 
cinematographic work) to the public by lending copies of the work (excluding copies of a 
cinematographic work in the case of a work reproduced in the .cinematographic work). 
(Rights of translation, adaptation, etc.) 
Article 27.-The author shall have the exclusive rights to translate, arrange musically, transform, 
dramatize, cinematize, or otherwise adapt his work. 
(Right of the original author in the exploitation of a derivative work) 
Article 28. -: In the exploitation of a derivative work, the author of the pre-existing work shall 
have the same rights as those the author of the derivative work has under this Subsection. 
Subsection 4 Ownership of Copyright in Cinematographic Works 
(Ownership of copyright in cinematographic works) 
Article 29.-(1) Copyright in a cinematographic work, to which the provisions of Article 15, 
paragraph (1), the next paragraph and paragraph (3) of this Article are not applicable, shall 
belong to the maker of that work, provided that the authors of the work have undertaken to 
participate in the making thereof. 
(2) In the case of a cinematographic work, which is made by a broadcasting organization 
alone for use exclusively for broadcasting purposes and to which the provision of Article 15, 
paragraph (1) is not applicable, the following rights comprised in the copyright therein shall belong 
to that organization as the maker of cinematographic works. 
(i) rights to broadcast that work, and to diffuse by wire and communicate publicly by means of 
a receiving apparatus the work thus broadcast; 
(ii) rights to reproduce that work, and to distribute its copies thus reproduced among other 
broadcasting organizations; 
(3) In the case of a cinematographic work, which is made by a wire diffusion organization 
alone for use exclusively for wire diffusion purposes and to which the provision of Article 15, IP/NIlIJPN/CI 1 
Page 13 
paragraph (1) is not applicable, the following rights comprised in the copyright therein shall belong 
to that organization as the maker of cinematographic works: 
(i) rights to diffuse by wire that work, and to communicate publicly by means of a receiving 
apparatus the work thus diffused by wire; 
(ii) rights to reproduce that work, and to distribute its copies thus reproduced among other wire 
diffusion organizations. 
Subsection 5 Limitations on Copyright 
(Reproduction for private use) 
Article 30.-(1) It shall be permissible for a user to reproduce by himseif a work forming the 
subject matter of a copyright (hereinafter in this Subsection referred to as a .. work" ) for the 
purpose of his personal use, family use or other similar uses within a limited circle (hereinafter 
referred to as .. private use" ), except in the case where such reproduction is made by means of 
automatic reproducing machines ( .. automatic reproducing machine" means a machine having 
reproducing functions and in which all or main parts of reproducing devices are automatic) placed 
for the use of the public. 
(2) Any person who, for the purpose of private use, makes sound or visual recording on such a 
digital recording medium as specified by Cabinet Order by means of such a digitai recording 
machine as specified by Cabinet Order (excluding a machines having special efficiencies generally 
not employed for private use, such as those for broadcasting and b machines having recording 
functions incidental to the primary functions, such as telephones with sound recording function) 
shall pay a reasonable amount of compensation to the copyright owners concerned, 
(Reproduction in libraries, etc.) 
Article 31.-lt shall be permissible to reproduce a work included in library materials ( .. library 
materials" in this Article means books, documents and other materials held in the collection of 
libraries, etc.) within the scope of the non-profit-making activities of libraries, etc. ( .. libraries,etc. 
in this Article means libraries and other establishments, deSignated by Cabinet Order, having 
the purpose, among others, to offer library materials for the use of the public) in the following 
cases: 
(i) where, at the request of a user and for the purpose of his own investigation or research, he 
is furnished with a single copy of a part of a work already made public or of all of an individual 
work included in a periodical already published for a considerable period of time; 
(ii) where the reproduction is necessary for the purpose of preserving library materials; 
(iii) where other libraries, etc. are furnished with a copy of library materials which are rarely 
available through normal trade channel because the materials are out of print or for other similar 
reasons. 
(Quotations) 
Article 32.-(1) It shall be permissible to make quotations from a work already made public, 
provided that their making is compatible with fair practice and their extent does not exceed that 
justified by purposes such as news reporting, criticism or research. 
(2) It shall also be permissible for the press or other periodicals to reproduce informatory, IP/N/lIJPN/C/1 
Page 14 
investigatory or statistical data, reports and other works of similar character which have been 
prepared by orga ns of the State or local public entities for the purpose of public information and 
which have been made public under their authorship, provided that the reproduction thereof is not 
expressly prohibited. 
(Reproduction in school textbooks, etc.) 
Article 33.-(1) It shall be permissible to reproduce in school textbooks ( "school textbooks" 
means textbooks authorized by the Minister of Education or those compiled under the authorship 
of the Ministry of Education for the use of children or pupils in their education in primary schools, 
junior and senior high schools or other similar schools) works already made public, to the extent 
deemed necessary for the purpose of school education. 
(2) A person who makes such reproduction shall inform the author thereof and pay to the 
copyright owner compensation, the amount of which is fixed each year by the Commissioner of the 
Agency for Cultural Affairs, by taking into account the purpose of the provision of the preceding 
paragraph, the nature and the purpose of the work, the ordinary rate of royalty, and other 
conditions. 
(3) Th"e Commissioner of the Agency for Cultural Affairs shall announce in the Official Gazette 
,the amount of compensation fixed under the provision of the perceding paragraph. 
(4) The preceding three paragraphs shall apply mutatis mutandis with respect to the 
reproduction of works in textbooks intended for senior high school correspondence courses and in 
guidance books of school textbooks mentioned in paragraph (1) intended for teachers (these 
guidance books shall be limited to those published by the same publisher of the textbooks). 
(Boradcasting, etc. in school education programs) 
Article 34.-(1) It shall be permissible to broadcast or diffuse by wire a work already made 
public, in broadcasting programs or wire diffusion programs which conform to the curriculum 
standards provided for in regulations on school education, and to reproduce it in teaching materials 
for these programs, to the extent deemed necessary for the purpose of school education. 
(2) A person who makes such exploitation of a work shall inform the author thereof and pay to 
the copyright owner a reasonable amount of compensation. 
(Reproduction in schools and other educational institutions) 
Article 3S.-A person who is in charge of teaching in a school or other educational institutions 
established not for profit,making may reproduce a work already made public if and to the extent 
deemed necessary for the purpose of use in the course of teaching, provided that such 
reproduction does not unreasonably prejudice the interests of the copyright owner in the light of the 
nature and the purpose of the work as well as the number of copies and the character of 
reproduction. 
(Reproduction in examination questions) 
Article 36.-(1) It shall be permissible to reproduce a work already made public in questions of 
an entrance examination or other examinations of knowledge or skill, or such examination for a 
license, to the extent deemed necessary for that purpose. 
(2) A person who makes such reproduction for profit-making purposes shall pay to the IP/N/JPN/C/I 
Page 15 
copyright owner compensation the amount of which corresponds to an ordinary rate of royalty. 
(Reproduction in Braille, etc.) 
Article 37.-(1) It shall be permissible to reproduce in Braille for the blind a work already made 
public 
(2) For Braille libraries and other establishments for the promotion of the welfare of the blind, 
designated by Cabinet Order, it shall be permissible to make sound recordings of a work already 
made publiC. exclusively for the purpose of lending such recordings for the use of the blind. 
(Performance, etc. not for profit-making) 
Article 38.-(1) It shall be permissible publicly to perform, recite, and present 
cinematographically a work already made public. for non-profIt-making purposes and without 
charging any fees ( .. fees" includes any kind of charge to be imposed with respect to the 
offering and the making available of a 'Nork to the public: the same shall apply hereinafter in this 
Article) to audience or spectators: provided, however, that the performers or reciters concerned are 
not paid any remuneration for such performance, recitation or cinematographic presentation. 
(2) It shall be permissible to diffuse by v'/ire a work already broadcast, for non-profit-making 
purposes and without charging any fees to audience or spectators. 
(3) It shall be permissible to communicate publicly, by means of a receiving apparatus, a work 
already broadcast or diffused by wire, for non-profIt-making purposes and without charging any 
fees to audience or spectators. The same shall apply to such public communication made by 
means of a receiving apparatus of a kind commonly used in private homes. 
(4) It shall be permissible to offer to the public a work (except a cinematographic work) already 
made public, by lending copies of the vlork (excluding copies of a cinematographic work in the 
case of a work reproduced in the cinematographic v/ork) for non-profit-making purposes and 
without charging any fees to borrowers of such copies. 
(5) For audiovisual education establishments and other establishments not for profit-making, 
deSignated by Cabinet Order, having the purposes. among others, to offer cinematographic films 
and other audiovisual materials for the use of the public, it shall be permissible to distribute a 
cinematographic work already made public. by lending copies of the work, without charging any 
fees to borrowers of such copies. In this case, a person v/ho makes such distribution shall pay a 
reasonable amount of compensation to the owner of the right mentioned in Article 26 (including the 
owner of the same right as that mentioned in f.,rticle 26 by virtue of the provision of Article 28) with 
respect to such a cinematographic work or a work reproduced in that cinematographic work. 
(Reproduction, etc. of articles on current topics) 
Article 39.-(1) It shall be permissible to reproduce in the press, broadcast and diffuse by wire 
articles published in ne'l/spapers or periodicals on current political, economic or social topics, not 
ha'/ing a scientific character, provided trlat such reproduction, broadcastiong or wire diffusion 
thereof is not expressly prohibited. 
(2) It shall also be permissible to communicate publicly, by means of a receiving appratus, 
articles thus broadcast or diffused by wire. 
(Exploitation of political speeches, etc) IP/N/1/JPN/C/l 
Page 16 
Article 40.-(1) It shall be permissible to exploit, by any means, political speeches delivered in 
public and speeches delivered in the course of judicial proceedings (including those corresponding 
to judicial proceedings such as determinations by administrative agencies, the same shall apply in 
Article 42), except such exploitation as involves a collection of the works of a single author. 
(2) It shall be permissible to reproduce in the press, broadcast and diffuse by wire speeches 
not falling within the preceding paragraph, which are delivered in public in organs of the State or 
local public entities, to the extent justified by the informatory purpose. 
(3) It shall also be permissible to communicate publicly, by means of a receiving apparatus, 
speeches thus broadcast or diffused by wire. 
(Reporting of current events) 
Article 41.-For the purpose of reporting current events by means of photography, 
cinematography, broadcasting or otherwise, it shall be permissible to reproduce and exploit a work 
implicated in the event or a work seen or heard in the course of the event, to the extent justified by 
the informatory purpose. 
(Reproduction for judicial proceedings, etc.) 
Article 42.-lt shall be permissible to reproduce a work if and to the extent deemed necessary for 
the purpose of judicial proceedings and of intemal use in legislative or administrative organs, 
provided that such reproduction does not unreasonably prejudice the interests of the copyright 
owner in the light of the nature and the purpose of the work as well as the number of copies and 
the character of reproduction. 
(Exploitation by means of translation, adaptation, etc.) 
Article 43.-The exploitation of works permitted under the provisions mentioned below shall 
include that made by the following means: 
(i) Article 30, paragraph (1) and Articles 33 to 35: translation, musical arrangemen~, 
transformation, and adaptation; 
(ii) Article 31, item (i) , Articles 32,36 and 37, Article 39, paragraph (1), Article 40, paragraph 
(2) and the preceding two Articles: translation. 
(Ephemeral recordings by broadcasting organizations, etc.) 
Article 44.-(1) Broadcasting organizations may make ephemeral sound or visual recordings of 
a work which they are in a position to broadcast, without prejudice to the right of the author 
mentioned in Article 23, paragraph (1), for the purpose of their own broadcasts and by the means 
of their own facilities or facilities of other broadcasting organizations which are in a position to 
broadcast the same work. 
(2) Wire diffusion organizations may make ephemeral sound or visual recordings of a work 
which they are in a position to diffuse by wire, without prejudice to the right of the author mentioned 
in Article 23, paragraph (1), for the purpose of their own wire diffusions (except those made upon 
receiving broadcasts) and by the means of their own facilities. 
(3) It shall not be permissible to preserve such ephemeral recordings made in accordance with 
the provisions of the preceding two paragraphs for a period exceeding six months after their 
making or, if the recordings are broadcast or diffused by wire within this period, for a period IP/NIlIJPN/C/1 
Page 17 
exceeding six months after that broadcasting or wire diffusion; provided, however, that such 
preservation is permitted if the preservation in official archives is authorized by Cabinet Order. 
(Exhibition of an artistic work, etc. by the owner of the original thereof) 
Article 45.-(1) The original of an artistic work or a photographic work may be publicly exhibited 
by its owner or with his authorization. 
(2) The provision of the preceding paragraph shall not apply with respect to the permanent 
location of the original of an artistic work in open places accessible to the public, such as streets 
and parks, or at places easily seen by the public, such as the outer walls of buildings. 
(Exploitation of an artistic work located in open places) 
Article 46.-lt shall be permissible to exploit artistic works permanently located in open places as 
mentioned in paragraph (2) of the preceding Article and architectural works by any means not 
falling within any of the following items: 
(i) multiplication of a sculpture; 
(ii) imitative reproduction of an architectural work; 
(iii) reproduction of a work for the purpose of locating it permanently in open places as 
mentioned in paragraph (2) of the preceding Article; 
(iv) reproduction of an artistic work exclusively for the purpose of selling its copies. 
(Reproduction required for an exhibition of artistic works, etc.) 
Article 47.-A person who, without prejudice to the right of the author mentioned in Article 25, 
exhibits publicly the originals of artistic works or photographic works may reproduce such works in 
pamphlets for the purpose of explaining or introducing them to spectators. 
(Reproduction, etc. by the owner of a copy of a program work) 
Article 47bis. -(1) The owner of a copy of a program work may make copies or adaptations 
(including the making copies of a derivative work created by means of adaptation) of th.at work if 
and to the extent deemed necessary for the purpose of exploiting that work in a computer by 
himself, provided that the provision of Article 113, paragraph (2) does not apply to the use .of such 
copies in connection with such exploitation. 
(2) If the owner of copies mentioned in the preceding paragraph has ceased to have the 
ownership of any of copies mentioned in that paragraph (including copies made in accordance with 
the provision of that paragraph) for reasons other than those of destruction, he may not thereafter 
preserve other copies in the absence of any declaration of the intention of the copyright owner to 
the contrary. 
(Indication of sources) 
Article 48.-(1) In any of the following cases, the source must be clearly indicated in the 
manner and to the extent deemed reasonable by the character of the reproduction or exploitation: 
(i) where reproduction is made of works in accordance with the provisions of Article 32 and 
Article 33, paragraph (1) (including the case where its application mutatis mutandis is provided for 
under the provision of paragraph (4) of the same Article) as well as Articles 37,42 and 47; 
(ii) where exploitation is made of works in accordance with the provisions of Article 34, 
paragraph (1), Article 39, paragraphs (1) and Article 40, paragraphs (1) and (2); IP/NIlIJPN/CI 1 
Page 18 
(iii) where exploitation, other than reproduction, is made of works in accordance with the 
provision of Article 32, and where exploitation is made of works in accordance with the provisions 
of Article 35, Article 36, paragraph (1), Article 38, paragraph (1) and Articles 41 and 46, provided 
that standard practice so requires. 
(2) \/\/hen indicating the source under the preceding paragraph, mention must be made of the 
name of the author if it appears on a work. except in the case where such indication identifies the 
author or the work is anonymous. 
(3) \/\/here exploitation is made of works by translating. arranging musically. transforming or 
adapting them in accordance with the provision of Article 43. mention must also be made of the 
source according to the provisions of the preceding two paragraphs. 
(Uses. etc. of copies for other purposes) 
Article 49.-(1) The following acts shall be considered to constitute the reproduction described 
in Article 21: 
(i) the distribution of copies of works made in accordance with the provisions of Article 30, 
paragraph (1), Article 31, item (i), Article 35, Article 37, paragraph (2), as well as Articles 41 and 
42 and Article 44, paragraphs (1) and (2), and the making available to the public of works by the 
.use of these copies, for purposes other than those mentioned in these provisions; 
(ii) the preservation by broadcasting organizations or wire diffusion organizations, of ephemeral 
recordings in violation of the provision of Article 44, paragraph (3); 
(iii) the distribution of copies of works (excluding copies falling within those mentioned in item 
(ii) of the next paragraph) made in accordance with the provision of Article 47bis. paragrah (1), 
and the making available to the public of works by the use of these copies; 
(iv) the preservation of copies mentioned in Article 47bis, paragraph (2) in violation of that 
paragraph (excluding copies falling within those mentioned in item (ii) of the next paragraph). 
(2) The following acts shall be considered to constitute the translation. musical arrangement, 
transformation or adaptation described in Article 27 with respect to pre-existing works of derivative 
works concerned: 
(i) the distribution of copies of derivative works made in accordance with the provisions of each 
item of Article 43 and the making available to the public of derivative works by the use of these 
copies, for purposes other than those mentioned in Article 3D, paragraph (1). Article 31, item (i). 
Article 35, Article 37, paragraph (2) and Articles 41 and 42; 
(ii) the distribution of copies of derivative works made in accordance with the provision of 
Article 47bis. paragraph (1) and the making available to the public of derivative works by the use 
of these copies; 
(iii) the preservation of copies mentioned in the preceding item in violation of the provision of 
Article 4 7bis, pa rag ra ph (2). 
(Relationship with moral rights) 
Article SQ.-No provisions of this Subsection may be interpreted as affecting the protection of the 
moral rights of the author. 
Section 4 Term of Protection (I n general) IP/N/JPN/C/1 
Page 19 
Article 51.-(1) The duration of copyright shall begin with the creation of the work. 
(2) Copyright shall continue to subsist until the end of a period of fifty yea rs following the 
death of the author (or following the death of the last surviving co-author in the case of a joint work; 
the same shall apply in paragraph (1) of the next Article), unless otherwise provided in this Section. 
(Anonymous and pseudonymous works) 
Article 52.-(1) Copyright in anonymous and pseudonymous works shall continue to subsist 
until the end of a period of fifty years following the making public of the work, provided that a 
copyright subsisting in such work, the author of which is presumed to have been dead for fifty 
years, shall be considered expired as of the time dated from when the author is so presumed to 
have died. 
(2) The provision of the preceding paragraph shall not apply in any of the following cases: 
(i) where the pseudonym adopted by the author is generally known as that of his own; 
(H) where, within the period mentioned in the preceding paragraph, the author causes his true 
name to be registered in accordance with the provision of Article 75, paragraph (1); 
(iii) where, within the period mentioned in the preceding paragraph, the author has made public 
his work on which he indicates his true name or generally known pseudonym as the name of the 
author. 
(Works bearing the name of a corporate body) 
Article 53.-(1) Copyright in works bearing as the name of the author that of a legal person or 
other corporate body shall continue to subsist until the end of a period of fifty years following the 
making public of the work or the creation of the work if it has not been made public within the 
period of fifty years following its creation. 
(2) The provision of the preceding paragraph shall not apply in the case where, within the 
period mentioned in the preceding paragraph, a person who is the author of a work bearing as the 
name of the author that of a legal person or other corporate body, has afterwards made public the 
work on which he indicates his true name or generally known pseudonym as the name of the 
author. 
(3) With respect to the duration of copyright in works the authorship of which is attributed to a 
legal person or other corporate body in accordance with the provision of Article 15, paragraph (2), 
the provision of paragraph (1) shall apply to such works not falling within those mentioned in 
paragrah (1) as if such works bore the name of such corporate body as the author. 
(Cinematographic works) 
Article 54.-(1) Copyright in cinematographic works shall continue to subsist until the end of a 
period of fifty years following the making public of the work or the creation of the work if it has not 
been made public within the period of fifty years following its creation. 
(2) VVhen copyright in a cinematographic work has expired at the end of its duration, 
copyrights subsisting in the original works adapted cinematographically shall also expire but only 
'-Ivith respect to the exploitation of the cinematographic work. 
(3) The provisions of the preceding two Articles shall not apply to copyright in cinematographic IP/N/lIJPN/C/l 
Page 20 
works. 
(Photographic works) 
Article 55'.-(1) Copyright in photographic works shall continue to subsist until the end of a 
period of fifty years following th:e making public of the work or the creation of the work if it has not 
been made public within the p~riod of fifty years following its creation. 
(2) The provisions o~,?\rticles 52 and 53 shall not apply to copyright in photographic works. 
(The time when serial publications, etc. have been made public) 
Article 56.-(1) In Article 52, paragraph (1), Article 53, paragraph (1), Article 54, paragraph 
(1), and paragraph (1) of the preceding Article, the time when works have been made public shall 
be determined by the making public of each volume, issue or instalment in the case of works which 
are made public in regularly succeeding volumes, issues of instalments, or by the making public of 
the last part in the case of works which are made public in parts. 
(2) In the case of works which are made public in parts, the last part already made public shall 
be considered to be the last one mentioned in the preceding paragraph if the next part is not made 
public before the expiration of a period of three years following the making public of the preceding 
part. 
(Calculation of the term of protection) 
Article 57.-ln Article 51, paragraph (2), Article 52, paragraph (1), Article 53, paragraph (1), 
Article 54, paragraph (1), and Article SS, paragraph (1), the term of protection subsequent to the 
author's death, the making public of a work or the creation of a work shall be calculated form the 
beginning of the year following the date when such event occurred. 
(Exceptional provisions for the term of protection) 
Article 58. -In the case of works not falling within Article 6, item (i), if the country of origin 
thereof is consrdered to be a foreign country member of the International Union established by the 
Berne Convention for the Protection of Literary and Artistic Works or a foreign member of the 
World Trade Organization in accordance with the provisions of this Convention or the Marrakesh 
Agreement Establishing the Wond Trade Organization and if the duration of copyright therein 
granted by that country of origin is shorter than that provided in Articles 51 to SS, the duration of 
copyright shall be that granted by that country of origin. 
Section 5 Inalienability of Moral Rights, etc. 
(Inalienability of moral rights) 
Article 59.-Moral rights of the author shall be exclusively personal to him and inalienable. 
(Protection of the moral interests after the author's death) 
Article 60.-Even after the death of the author, no person who offers or makes available a work to 
the public may commit an act which would be prejudicial to the moral rights of the author if he were 
alive; provided, however, that such act is permitted if it is deemed not to be against the will of the 
author in the light of the nature and extent of the act as well as a change in social situation and 
other conditions. 
Section 6 Transfer and Expiry of Copyright 
(Transfer of copyright) Article 61.-(1) Copyright may be transferred in whole or in part. IP/N/lIJPN/C/l 
Page 21 
(2) V\lhere a contract for the transfer of copyright makes no particular reference to the rights 
mentioned in Articles 27 and 28, these rights shall be presumed to be reserved to the transferor. 
(Expiry of copyright in the case where no heirs exist, etc.) 
Article 62.-(1) Copyright shall expire in the following cases: 
(i) where, after the author's death, the copyright is to belong to the National Treasury in 
accordance with the provision of Article 959 of the Civil Code (Law No. 89, of 1896); 
(ii) where, after the dissolution of a legal person who is the owner of copyright, the copyright is 
to belong to the National Treasury in accordance with the provision of Article 72, paragraph (3) of 
the Civil Code or the provisions of other similar laws. 
(2) The provision of Article 54, paragraph (2) shall apply mutatis mutandis in the case where 
copyright in cinematographic works has expired through the operation of the preceding paragraph. 
Section 7 Excercise of Rights 
(Authorization to exploit works) 
Article 63.-(1) The copyright owner may grant another person authorization to exploit the work. 
(2) The person who obtained such authorization shall be entitled to exploit the work in the 
manner and to the extent so authorized. 
(3) The right of exploitation thus authorized may not be transferred without the consent of the 
copyright owner. 
(4) Unless otherwise stipulated in a contract, the authorization to broadcast or diffuse by wire 
a work shall not imply the authorization to make sound or visual recordings of the work. 
(Exercise of moral rights of co-authors) 
Article 64.-(1) Moral rights of co-authors of a joint work may not be exercised without 
unanimous agreement of all the co-authors. 
(2) Each of the co-authors may not, in bad faith, prevent the agreement mentioned in the 
preceding paragraph from being reached. 
(3) Co-authors may be represented by a person chosen from among them in the exercise of 
their moral rights. 
(4) Limitations on the representation mentioned in the preceding paragraph shall not be 
effective against a bona fide third person. 
(Exercise of joint copyright) 
Article 65.-(1) Each co-owner of copyright in a joint work or of copyright in co-ownership 
(hereinafter in this Article referred to as "joint copyright" ) shall not be entitled to transfer or 
pledge his share without the consent of the other co-owners. 
(2) Joint copyright may not be exercised without unanimous agreement of all the co-owners. 
(3) In the preceding two paragraphs, each co-owner may not, without reasonable justification, 
refuse the consent mentioned in pa'ragraph (1) or prevent the agreement mentioned in the 
preceding paragraph from being reached. 
(4) The provisions of paragraphs (3) and (4) of the preceding Article shall apply mutatis 
mutandis to the exercise of joint copyright. IP/N/lIJPN/CIl 
Page 22 
(Copyright on which the right of pledge is established) 
Article 66.-(1) Unless otherwise stipulated in the contract establishing the right of pledge, the 
copyright owner shall be entitled to exercise copyright on which the right of pledge has been 
established. 
(2) The right of pledge may be exercised with respect to money or the like accruing from the 
transfer of copyright or the exploitation of the work (including counter,value for the establishment of 
the right of publication), provided that payment or delivery is preceded by the seizure of the right to 
receive money or the like mentioned above. 
Section 8 Exploitation of Works under 
Compulsory License 
(ExplOitation of works in the case where the copyright owner thereof is unknown) 
Article 67.-(1) VVhere a work has been made public, or where it is clear that it has been 
offered to or made available to the public for a considerable period of time, the work may be 
exploited under the authority of a compulsory license issued by the Commissioner of the Agency 
for Cultural Affairs and upon depositing on behalf of the copyright owner compensation the amount 
of which is fixed by the Commissioner as corresponding to an ordinary rate of royalty, provided 
.that, after the due diligence, the copyright owner cannot be found for the reason that he is 
unknown or for other reasons. 
(2) Copies of the work reproduced in accordance with the provision of the preceding 
paragraph must bear an indication to the effect that the reproduction of these copies has been 
licensed in accordance with the provision of that paragraph and give the date when the license was 
issued. 
(Broadcasting of works) 
Article 68.-(1) A work already made public may be broadcast by a broadcasting organization 
under the authority of a compulsory license issued by the Commissioner of the Agency for Cultural 
Affairs and upon payment to the copyright owner of compensation the amount of which is fixed by 
the Commissioner as corresponding to an ordinary rate of royalty, provided that such organization 
requested the authorization to broadcast the work from the copyright owner and failed to reach an 
agreement or that the organization was unable to enter into negotiations with him. 
(2) Works thus broadcast may also be diffused by wire or communicated publicly by means of 
a receiving apparatus upon payment to the copyright owner of compensation the amount of which 
corresponds to an ordinary rate of royalty, except in the case where the provisions of Article 38, 
paragraphs (2) and (3) shall be applicable. 
(Recording on commercia! phonograms) 
Article 69.-When commercial phonograms have been sold for the first time in this country and 
after the expiration of a period of three years from the date of that first sale, a person who intends 
to make a sound recording of a musical work already recorded on such phonograms with the 
authorization of the copyright owner and thereby to manufacture other commercial phonograms 
may make that recording under the authority of a compulsory license issued by the Commissioner 
of the Agency for Cultural Affairs and upon payment to the copyright owner of compensation the IP/NI 1 IJPN/CI 1 
Page 23 
amount of which is fixed by the Commissioner as corresponding to an ordinary rate of royalty, 
provided that such person requested the authorization to make a sound recording of the work from 
the copyright owner and failed to reach an agreement or that he was unable to enter into 
negotiations with the copyright owner. 
(Procedures and standards of compulsory licensing) 
Article 70.-(1) Applicants for a license mentioned in Article 67, paragraph (1), Article 68, 
paragraph (1) or the preceding Article shall pay application fee, the amount of which shall be fixed 
by Cabinet Order, taking into account actual cost. 
(2) Upon receipt of an application for a license mentioned in Article 68, paragraph (1) or the 
preceding Article, the Commissioner of the Agency for Cultural Affairs shall notify the copyright 
owner concerned thereof in order to afford him an opportunity to express his opinion within an 
adequately specified period of time. 
(3) Even upon receipt of an application for a license mentioned in Article 67, paragraph (1), 
Article 68, paragraph (1) or the preceding Article, the Commissioner of the Agency for Cultural 
Affairs shall not issue such license if he recognizes: 
(i) that it is evident that the author has the intention to halt forever the publication or other 
-exploitation of his work; or 
(ii) that unavoidable circumstances obliged the copyright owner to refuse to give the 
authorization to the broadcasting organization applying for a license mentioned in Article 68, 
paragraph (1). 
(4) The Commissioner of the Agency for Cultural Affairs shall, when intending to refuse to 
issue the license, give previous notice to the applicant of the reason for such refusal and afford him 
an opportunity to explain his position and furnishing evidence favorable to him. The Commissioner 
shall, when refusing to issue such license, notify the applicant of such refusal in writing 
accompanied by the reason therefor. 
(5) The Commissioner of the Agency for Cultural Affairs shall, upon issuing the license 
mentioned in Article 67, paragraph (1), give public notice thereof in the Official Gazette and notify 
the applicant thereof, The Commissioner shall, upon issuing the license mentioned in Article 68, 
paragraph (1) or the preceding Article, notify the parties concerned thereof. 
(6) Other than those provided in the preceding paragraphs, necessary matters in connection 
with the licenses mentioned in this Section shall be provided by Cabinet Order. 
Section 9 Compensation 
(Consultation with the Copyright Council) 
Article 71.-The Commissioner of the Agency for Cultural Affairs shall, when fixing the amount of 
compensation mentioned in Article 33, paragraph (2)(including the case where its application 
mutatis mutandis is provided for under the provision of paragraph (4) of the same Article), 
Article 67, paragraph (1), Article 68, paragraph (1), and Article 69, consult with the Copyright 
Council. 
(Dissatisfaction with the amount of compensation fixed) 
Article 72.-(1) The parties concerned who are dissatisfied with the amount of compensation fixed IP/N/lIJPN/C/l 
Page 24 
in accordance with the provision of Article 67, paragraph (1), Article 68, paragraph (1) or Article 
69 may bring an action for an increase or decrease therein, within a period of three months form 
the date when they learned that a license had been issued under any of these provisions. 
(2) In an action under the preceding paragraph, the copyright owner shall be a defendant in 
the case where the person who brings the action is the user of the work, and the user of the work 
shall be a defendant in the case where the person who brings the action is the copyright owner. 
(Limitations on objections to the amount of compensation fixed) 
Article 73.-ln an objection raised under the Administrative Dissatisfaction Inspection Law (Law 
No. 160, of 1962) to a license issued in accordance with the provision of Article 67, paragraph (1). 
Article 68, paragraph (1) or Article 69, the dissatisfaction with the amount of the compensation fixed 
shall not constitute a reason for this dissatisfaction with the issuance of the license, except in the 
case where a person who obtained a license mentioned in Article 67, paragraph (1) cannot bring 
,an action mentioned in paragraph (1) of the preceding' Article because the copyright owner is 
unknown or for other similar reasons. 
(Deposit of compensation) 
Article 74.-(1) A person who is liable to pay compensation mentioned in Article 33, paragraph 
,(2) (including the case where its application mutatis mutandis is provided for under the provision of 
paragraph (4) of the same Article), Article 68, paragraph (1) or Article 69 shall deposit the 
compensation instead of paying that compensation, in any of the following cases: 
(i) where the copyright owner refuses to receive or cannot receive the compensation; 
(ii) where the copyright owner cannot be identified with no fault on the part of the above, 
mentioned person; 
(iii) where that person brings an action mentioned in Article 72, paragraph (1) with respect to 
the amount of the compensation; 
(iv) where the right of pledge has' been established on the copyright (except in the'case where 
the authorization is obtained from the pledgee). 
(2) In item (iii) of the preceding paragraph, a person who is liable to pay the compensation 
shall, at the request of the copyright owner, pay the sum according to his estimate and deposit the 
balance between his estimate and the amount of the compensation fixed, 
(3) The deposit of a compensation in accordance with the provisions of Article 67, paragraph 
(1) or (2) shall be made at a deposit office conveniently near to the known domicile or residence of 
the copyright owner if he has such in this country or otherwise near to the domicile or the 
residence of the depositor. 
(4) The depositor mentioned in the preceding paragraph shall notify the copyright owner of 
that deposit, except in the case where he cannot notify him thereof because he is unkonwn or for 
other reasons. 
Section 10 Registration 
(Registration of the true name) 
Article 75.-(1) The author of an anonymous or pseudonymous work may have his true name 
registered with respect to that work, regardless of whether he actually owns the copyright therein. IP/N/lIJPN/C/l 
Page 25 
(2) The author may designate by his will a person who may have such name registered after 
the author's death as described in the preceding paragraph. 
(3) A person whose true name has been registered shall be presumed to be the author of the 
work concerned. 
(Registration of the date of the first publication, etc.) 
Article 76.-(1) The copyright owner as well as the publisher of an anonymous or 
pseudonymous work may have the date of the first publication or of the first making public of his 
work registered. 
(2) Works as to which the date of the first publication or of the first making public is registered 
shall be presumed to have been first published or first made public on the date registered. 
(Registration of the date of creation) 
Article 76bis.-(1) The author of a program work ~ay have the date of creation of his program 
work registered, provided that a period of six months has not passed after the creation of that work. 
(2) Program works as to which the date of creation is registered in accordance with the 
preceding paragraph shall be presumed to have been created on the date registered. 
(Rigistration of copyright) 
Article 77.-The following matters shall not be effective against any third party without registration 
thereof: 
(i) the transfer (except that by inheritance or other successions in general, the same shall apply 
in the next item) of copyright or the restriction on the disposal of copyright; 
(ii) the establishment, transfer, alteration or expiry (except because of the merger of the right of 
pledge, or because of the expiry of copyright or the obligatory right secured), or the restriction on 
the disposal, of the right of pledge established on copyright. 
(Procedures, etc. for registration) 
Article 78.-(1) The registrations mentioned in Article 75, paragraph (1), Article 76, paragraph 
(1), Article 76bis, paragraph (1) and the preceding Article shall be made by the Commis~ioner of 
the Agency for Cultural Affairs on the copyright register. 
(2) The Commissioner of the Agency for Cultural Affairs shall, when having made a 
registration mentioned in Article 75, paragraph (1), give public notice thereof in the Official 
Gazette. 
(3) Any person may demand of the Commissioner of the Agency for Cultural Affairs the 
delivery of a certified copy or a certified abstract of entries in the copyright register or the 
opportunity to inspect the register or its annexed documents. 
(4) The person making such demand shall pay a fee, the amount of which is fixed by Cabinet 
Order, taking into account actual cost. 
(5) The provision of Chapter 2 and 3 in the Administrative Procedure Law (Law No.BB, of 
1993) shall not apply to the disposisions of the registrations mentioned in paragraph (1). 
(6) Other than those provided in this Section, necessary matters in connection with 
registrations mentioned in paragraph (1) shall be provided by Cabinet Order. 
(Exceptional provision for the registration of program works) IP/N/1/JPN/C/l 
Page 26 
Article 78bis.-Other than those provided in this Section, matters reating to the registration of 
program works shall be provided by another law. 
Chapter ill Right of Publication 
(Establishment of the right of publication) 
Article 79.-(1) The owner of the right mentioned in Article 21 (hereinafter in this Chapter 
referred to as "the owner of reproduction right" ) may establish a right of publication in favour of 
a person who undertakes to publish the work in a writing or a printing. 
(2) The owner of reproduction right may establish a right of publication only with the 
authorization of the pledgee if the right of pledge is established on the reproduction right. 
(Contents of the right of publication) 
Article 80.-(1) The owner of the right of publication shall, as stipulated in the contract of 
establishment, have the exclusive right to reproduce the original text of the work, on which the right 
of publication is established, in a writing or a printing by means of typography or other mechanical 
or chemical processes for the purpose of distribution. 
(2) If t~e author of the work dies within the duration of the right of publication or, after three 
years have passed from the first publication following the establishment of the right of publication, 
unless otherwise stipulated in the contract of establishment, the owner of reproduction right may, 
notwithstanding the provision of the preceding paragraph, reproduce the work in a complete 
collection of works or other compilations comprising only the works of the same author. 
(3) The owner of the right of publication may not authorize any third person to reproduce the 
work on which the right of publication is established. 
(Obligation of publication) 
Article 81.-Unless otherwise stipulated in the contract of establishment, the owner of the right of 
publication shall have the following o,bligations: 
(i) to publish the work within a period of six months after the date when he received, from the 
owner of reproduction right, manuscripts or other originals or those corresponding thereto which 
are necessary for the reproduction of the work;and 
(ii) to publish the work continuously in accordance with business practice. 
(Alterations, additions or deletions in works) 
Article 82.-(1) In the new reproduction made by the owner of the right of publication, the 
author may make alterations, additions or deletions in his work to the extent justified. 
(2) Whenever intending to make a new reproduction of the work on which the right of 
publication is established, the owner of the right of pUblication shall notify the author thereof in 
advance. 
(Duration of the right of publication) 
Article 83.-(1) The duration of the right of publication shall be provided by the contract of 
establishment. 
(2) The right of publication shall expire at the end of a period of three years from the first 
publication after the establishment of the right, unless otherwise stipulated in the contract of 
establishment. (Request to terminate the right of publication) IP/N/1/JPN/CIl 
Page 27 
Article 84.-(1) When the owner of the right of publication has not discharged his obligation 
mentioned in Article 81, item (i), the owner of reproduction right may terminate the right of 
publication by notifying the owner thereof. 
(2) When the owner of the right of publication has not discharged his obligation mentioned in 
Article 81, item (ii), the owner of reproduction right may terminate the right of publication by 
notifying the owner thereof, provided that the owner of reproduction right has called upon the 
owner of the right of publication to discharge his obligation within a period exceeding three months, 
and that the owner of the right of publication has not discharged his obligation within that period. 
(3) When the belief of the author who has the reproduction right in his work differs from the 
content of the work, he may terminate the right of publication by notifying the oyvner of the right of 
publication in order to halt forever the publication of the work, provided that he makes 
compensation in advace for damages usually caused to the owner of the right of publication by 
such termination. 
(Distrbution of copies of a work after the termination of the right of publication) 
Article 85.-(1) After the termination of the right of publication because of the expiration of the 
duration of the right or for other reasons, the co-owner of the right may not distribute the copies of 
the work reproduced within the duration of the right, except in the following cases: 
(i) where otherwise stipulated in the contract of establishment; 
(ii) where he has already paid royalties or other remunerations to the owner of reproduction 
right within the duration of the right of publication, and he distributes copies corresponding to such. 
payment. 
(2) The distribution of copies in contradiction of the provisions of the preceding paragraph shall 
be considered to constitute the reproduction mentioned in Article 21 or Article 80, paragraph (1). 
(Limitation on the right of publication) 
Article 86.-(1) The provisions of Article 30, paragraph (1), Articles 31 and 32, Article 33, 
paragraph (1) (including the case where its application mutatis mutandis is provided for under the 
provision of paragraph (4) of the same Article), Article 34, paragraph (1), Article 35, Article 36, 
paragraph (1), Article 37, paragraph (1), Article 39, paragraph (1), Article 40, paragraphs (1) 
and (2), and Articles 41, 42, 46 and 47 shall apply mutatis mutandis to the reproduction of works 
on which the right of publication is established. In these cases, "the copyright owner" in 
Articles 35 and 42 shall read "the owner of the right of publication" 
(2) The distrbution and the making available to the public of copies of works reproduced in 
accordance with the provisions of Article 30, paragraph (1), Article 31, item (i) or Article 35, 41 or 
42 which apply mutatis mutandis in the preceding paragraph, for purposes other than those 
mentioned in these provisions, shall be considered to constitute the reproduction described in 
Article 80, paragraph (1). 
(Transfer, etc. of the right of publication) 
Article 87.-The right of publication may be transferred or pledged only with the authorization of 
the owner of reproduction right. IP/N/lIJPN/C/l 
Page 28 
(Registration of the right of publication) 
Article 88.-(1) The following matters shall not be effective against any third party without the 
registration thereof: 
(i) the establishment, transfer (except that by inheritance or other successions in general; the 
same shall apply in the next item), alteration or expiry (except because of the merger, or because 
of the expiry of the reproduction right), or the restriction on the disposal of the right of publication; 
(ii) the establishment, transfer, alteration or expiry (except because of the merger of the right of 
pledge, or because of the expiry of the right of publication or the obligatory rights secured), or the 
restriction on the disposal of the right of pledge established on the right of publication. 
(2) The provision of Article 78 (except paragraph (2)) shall apply mutatis mutandis to the 
registration mentioned in the preceding paragraph. In this case, "the copyright register" shall 
read "the register of the right of publication" 
(Neighboring rights) Chapter IV Neighboring Rights 
Section 1 General Rules 
Article 89.-(1) Performers shall enjoy the rights mentioned in Article 91, paragraph (1) , 
'Article 92, paragraph (1) and Article 95bis, paragraph (1) as well as the right to secondary use fees 
mentioned in Article 95, paragraph (1) and the right to remuneration mentioned in Article 95bis, 
paragraph (3). 
(2) Producers of phonograms shall enioy the rights mentioned in Article 96 and Article 97bis, 
paragraph (1) as well as the right to secondary use fees mentioned in Article 97, paragraph (1) and 
the right to remuneration mentioned in Article 97bis, paragraph (3). 
(3) Broadcasting organizations shall enjoy the rights mentioned in Articles 98 to 100. 
(4) Wire diffusion organizations shall enjoy the rights mentioned in Articles 1 OObis -to 100quater. 
(5) The enjoyment of the rights referred to in any of the preceding paragraphs shall not be 
subject to any formality. 
(6) The rights referred to in paragraphs (1) to (4) (except the right to secondary use fees and 
the right to remuneration referred to in paragraphs (1) and (2» shall be called .. neighboring rights 
(Relationship with copyright) 
Article 90.-No provisions in this Chapter may be interpreted as affecting the protection of the 
rights of authors. 
Section 2 Rights of Performers 
(Right of making sound or visual recordings) 
Article 91.-(1) Performers shall have the exclusive right to make sound or visual recordings of 
their performances. 
(2) The provision of the preceding paragraph shall not apply to performances which have been 
incorporated in cinematographic works with the authorization of the owner of the right mentioned in 
the same paragraph (this authorization means the authorization of exploitation mentioned in the 
provision of Article 63, paragraph (1) which apply mutatis mutandis in Article 103, the same shall IP/NI lIJPN/CI 1 
Page 29 
apply hereinafter in this and the next Chapters), except in the case where such performances are 
to be incorporated in sound recordings (other than those intended for use exclusively with images) . 
(Rights of broadcasting and wire transmission) 
Article 92.-(1) Performers shall have the exclusive rights to broadcast and to transmit by wire 
their performances. 
(2) The provision of the preceding paragraph shall not apply in the following cases: 
(i) where the wire diffusion is made of performances already broadcast; 
(ii) where the broadcasting takes place of. or the wire transmission is made of the following: 
(a) performances incorporated in sound or visual recordings with the authorization of the 
owner of the right mentioned in paragraph (1) of the preceding Article; 
(b) performances mentioned in paragraph (2) of the preceding Article and incorporated in 
recordings other than those mentioned in that paragraph. 
(Fixation for broadcasting purposes) 
Article 93.-(1) Broadcasting organizations which have obtained the authorization to broadcast 
performances from the owner of the right of broadcasting mentioned in paragraph (1) of the 
preceding Article, may make sound or visual recordings of such performances for broadcasting 
purposes, provided that the contract has no provision to the contrary or that the sound or visual 
recordings are not intended for the purpose of use in broadcasting programs different from those 
authorized. 
(2) The following shall be considered to constitute the making of sound or visual recordings 
mentioned in Article 91, paragraph (1): 
(i) the use and the offering of sound or visual recordings made in accordance with the 
provision of the preceding paragraph for a purpose other than that of broadcasting or fo~ the 
purpose mentioned in the proviso to the same paragraph; 
(ii) the further offering, by broadcasting organizations which have been offered such. 
recordings, of sound or visual recordings made in accordance with the provision of the preceding 
paragraph, to other broadcasting organizations for their broadcasting. 
(Broadcasting of fixations, etc. made for broadcasting purposes) 
Article 94.-(1) Unless otherwise stipulated in the contract, the authorization to broadcast a 
performance from the owner of the right mentioned in Article 92, paragraph (1) shall also imply the 
following: 
(i) broadcasting by the authorized broadcasting organization of the performances incorporated 
in sound or visual recordings in accordance with the provision of paragraph (1) of the preceding 
Article; 
(ii) broadcasting, of the performances incorporated by the authorized broadcasting organization 
in sound or visual recordings in accordance with the provision of paragraph (1) of the preceding 
Article, by another broadcasting organization which has been offered such recordings; 
(iii) broadcasting (not falling in the preceding item). by another broadcasting organization which 
has been offered by the authorized broadcasting organization programs incorporating authorized 
performances, of such performances. IP/N/lIJPN/CIl 
Page. 30 
(2) VVhen a broadcasting mentioned in any of the items of the preceding paragraph has been 
made, the authorized broadcasting organization mentioned therein shall pay a reasonable amount 
of remuneration to the owner of the right mentioned in Article 92, paragraph (1). 
(Secondary use of commercial phonograms) 
Article 95.-(1) 'Mlen broadcasting organizations and wire diffusion organizations (hereinafter in 
this Article and Article 97, paragraph (1) referred to as "broadcasting organizations, etc." ) 
have broadcast or diffused by wire commercial phonograms incorporating performances with the 
authorization of the owner of the right mentioned in Article 91, paragraph (1) (except broadcast or 
wire diffusion made upon receiving such broadcasts or wire diffusions), they shall pay secondary 
use fees to the performers whose performances (which are mentioned in Article 7, item(i) to (v) and 
in which neighboring rights subsist; the same shall apply in the next paragraph and paragraph (3» 
have been so broadcast or diffused by wire. 
(2) The provisions of the perceding paragraph shall not apply to performers whose 
performRnces are fixed in phonograms the producers of which are nationals of any of the 
Contracting States of the Convention for the Protection of Performers, etc. which has made a 
declaration under the relevant provisions of that Convention stating that it will not apply the 
'provisions of Article 12 of that Convention. 
(3) If the term of the protection provided for by the provisions of Article 12 of the Convention 
for the Protection of Performers, etc. which is granted by a Contracting State of that Convention 
with respect to phonograms mentioned in Article 8, item (i) is shorter than that for which 
performers are granted protection in accordance with the provisions of paragraph (1), the term for 
which performers, whose performances are fixed in phonograms the producers of which are 
nationals of that State, are granted protection in accordance with the provisions of that paragraph 
shall be that of the protection provided for by the provisions of Article 12 of that Convention which 
is granted by that State with respect to phonograms mentioned in Article 8, item (i). 
(4) 'Mlere there is an association (including a federation of associations) which is composed 
of a considerable number of professional performers practising in this country and which is so 
designated, with its consent, by the Commissioner of the Agency for Cultural Affairs, the right to 
secondary use fees mentioned in the paragraph (1) shall be exercised exclusively through the 
intermediary of such association. 
(5) The Commissioner of the Agency for Cultural Affairs may designate only such an 
association as satisfies the following conditions: 
(i) that it is not established for profit-making; 
(ii) that its members may voluntarily join and withdraw; 
(iii) that its members are granted an equal right to vote and to be elected; 
(iv) that it has su"fficient ability to practise properly by itself the business of exercising the right 
on behalf of the owners of the right to secondary use fees mentioned in paragraph (1) (hereinafter 
in this Article referred to as "the owners of the right" ). 
(6) Such association may not refuse the request of the owners of the right for the exercise of 
the right on their behalf. IP/N/JPN/C/1 
Page 31 
(7) Upon receipt of the request mentioned in the preceding paragraph, such association shall 
have authority to deal, on behalf of the owners of the right and in its own name, with juridical and 
non-juridical matters in regard to the right. 
(8) As provided by Cabinet Order, the Commissioner of the Agency for Cultural Affairs may 
ask such association to report on their business concerning secondary use fees mentioned in 
paragraph (1) or to sumbit account books, documents and other data, or make necessary 
recommendations for improving in a manner of practising business, 
(9) The amount of secondary use fees which such association may demand on behalf of the 
owners of the right in accordance with the provision of paragraph (4) shall be fixed each year by 
mutual agreement between such association and broadcasting organizations, etc. or their 
federation. 
(10) If the agreement mentioned in the preceding paragraph is not reached, the parties 
concerned may, as provided by Cabinet Order, request that the Commissioner of the Agency for 
Cultural Affairs issue a ruling fixing an amount of secondary use fees. 
(11) The provisions of Article 70, paragraphs (2), (5) and (6) as well as Articles 71 to 74 
shall apply mutatis mutandis to the ruling and secondary use fees mentioned in the preceding 
paragraph. In this case, .. the copyright owner" in Article 70, paragraph (2) shall read .. the 
parties concerned" , t. the user of the work" in Article 72, paragraph (2) shall read .; 
broadcasting organizations, etc. mentioned in Article 95, paragraph (1)" , "the copyright owner 
in the same paragraph shall read "the association mentioned in paragraph (4) of the same 
Article" ,and .. the copyright owner" in Article 74 shall read .. the association mentioned in 
Article 95, paragraph (4)" 
(12) The provisions of the Lav'! Relating to Prohibition of Private Monopoly and Methods of 
Preserving Fair Trade (Law No.54, of 1947) shall not apply to mutual agreement mentioned in 
paragraph (9) and to acts made under it, provided that the trading method is fair and witr,out 
unreasonable prejudice to the interests of concerned entrepreneurs. 
(13) Other than those provided in paragraphs (4) to (10), necessary matters in con;lection 
with payment of secondary use fees mentioned in paragraph (1) and the association men~ioned in 
paragraph (4) shall be provided by Cabinet Order. 
(Right of lending, etc.) 
Article 95bis.-(1) Performers shall have the exclusive right to offer their performances to the 
public by lending commercial phonograms incorporating their performances. 
(2) The provision of the preceding paragraph shall not apply to the lending of commercial 
phonograms going beyond the period as prescribed by Cabinet Order within the limits of one to 
twelve months from the first sale of such phonograms (including commercial phonograms 
containing the same phonograms as those incorporated in such commercial phonograms; 
hereinafter referred to as .. commercial phonograms going beyond the period" ). 
(3) \fVhen those who engage in business of lending commercial phonograms to the public 
(hereinafter referred to as .. commercial phonograms lenders" ) have offered perfonnances to 
the public by lending commercial phonograms going beyond the period, they shall pay a IP/NIlIJPN/CI 1 
Page 32 
reasonable amount of remuneration to the performers whose performances (in which neighboring 
rights subsist) are incorporated in such phonograms. 
(4) The provisions of the preceding Article, paragraphs (4) to (13) shall apply mutatis mutandis 
to the right to remuneIation mentioned in the preceding paragraph. In this case, .. broadcasting 
organizations, etc. .. in paragraph (9) of the same Article and .. broadcasting organizations, etc. 
mentioned in Article 95, paragraph (1)" in paragraph (11) ofth same Article shall read .. 
commercial phonograms lenders mentioned in Article 95bis, paragraph (3)." 
(5) The right to royalty with respect to authorization given by owners of the right mentioned in 
paragraph (1) may be exercised through the intermediary of the association mentioned in the 
preceding Article, paragraph (4) which shall apply mutatis mutandis in the preceding paragraph. 
(6) The provisions of the preceding Article, paragraphs (6) to (13) shall apply mutatis mutandis 
in the preceding paragraph. In this case, the second sentence of paragraph (4) of this Article shall 
apply mutatis mutandis. 
Section 3 Rights of Producers of Phonograms 
(Right of reproduction) 
Article 96.-Producers of phonograms shall have the exclsuive right to reproduce their 
phonograms. 
(Secondary use of commercial phonograms) 
Article 97.-(1) VVhen broadcasting organizations, etc. have broadcast or diffused by wire 
commercial phonograms (except broadcast or wire diffusion made upon receiving such broadcasts 
or wire diffusions), they shall pay secondary use fees to the producers whose phonograms (which 
are mentioned in Article (8), items (i) to (iii) and in which neighboring rights subsist) have been so 
broadcast or diffused by wire. 
(2) The provisions of Article 95, paragraph (2) shall apply mutatis mutandis to the producers of 
phonograms provided for in the preceding paragraph, and the provisions of paragraph (3) of the 
same Article shall apply mutatis mutandis to the term of the protection provided for in the preceding 
paragraph. In this case, .. performers whose performances are fixed in phonograms the producers 
of which are nationals" in paragraphs (2) and (3) of the same Article shall read "producers of 
phonograms who are nationals" ,and .. that for which performers are granted protection" in 
paragraph (3) shall read .. that for which producers of phonograms are granted protection" . 
(3) \/v'here there is an association (including a federation of associations) which is composed of 
a considerable number of producers of phonograms practising in this country and which is so 
designated, with its consent, by the Commissioner of the Agency for Cultural Affairs, the right to 
secondary use fees mentioned in paragraph (1) shall be exercised exclusively through the 
intermediary of such association. 
(4) The provisions of Article 95, paragraphs (5) to (13) shall apply mutatis mutandis to 
secondary use fees mentioned in paragraph (1) and to the association mentioned in the preceding 
paragraph. 
(Right of lending, etc.) 
Article 97bis.-(1) Producers of phonograms shall have the exclusive right to offer their IP/N/JPN/C/1 
Page 33 
phongrams to the public by lending commercial phonograms in which their phonograms are 
reproduced. 
(2) The provision of the preceding paragraph shall not apply to the lending of commercial 
phonograms going beyond the period. 
(3) V'Vllen commercial phonograms lenders have offered phonograms to the public by lending 
commercial phonograms going beyond the period, they shall pay a reasonable amount of 
remuneration to the producers whose phonograms (in which neighboring rights subsist) have been 
so offered to the public. 
(4) The provision of the preceding Article, paragraph (3) shall apply mutatis mutandis to the 
exercise of the right to remuneration mentioned in the preceding paragraph. 
(5) The provisions of Article 95, paragraphs (5) to (13) shall apply mutatis mutandis to 
remuneration mentioned in paragraph (3) of this Article and to associations mentioned in the 
preceding Article, paragraph (3) which shall apply mutatis mutandis in the preceding paragraph. In 
this case, the provision of the first sentence of Article 95bis, paragraph (4) shall apply mutatis 
mutandis. 
(6) The right to royalty with respect to authorization given by owners of the right mentioned in 
paragraph (1) of this Article may be exercised through the intermediary of the association 
mentioned in the preceding Article, paragraph (3) which shall apply mutatis mutandis in paragraph 
(4) of this Article. 
(7) The provision of paragraph (5) of this Article shall apply mutatis mutandis in the preceding 
paragraph. In this case, "Article 95, paragraph (5)" in paragraph (5) shall read "Article 95, 
paragraph (6)" . 
Section 4 Rights of Broadcasting Organizations 
(Right of reproduction) 
Article 98. -Broadcasting organizations shall have the exclusive rights to make so.und or 
visual recordings of their broadcasts or those diffused by wire from such broadcasts, and to 
reproduce by means of photography or other similar processes the sounds or images incorporated 
in these broadcasts. 
(Rights of rebroadcasting and wire diffusion) 
Article 99.-(1) Broadcasting organizations shall have the exclusive rights to rebroadcast and to 
diffuse by wire their boradcasts. 
(2) The provision of the perceding paragraph shall not apply to the wire diffusion which is 
made by a person who is required to do so under the provisions of laws and regulations. 
(Right of communication of television broadcasts) 
Article 100.-Broadcasting organizations shall have the exclusive rights to communicate to the 
public their television broadcasts or those diffused by wire from such broadcasts, by means of a 
special instrument for enlarging images. 
Section 5 Rights of Wire Diffusion Organizations 
(Rights of reproduction) 
Article 100bis.-Wlre diffusion organizations shall have the exclusive rights to make sound or IP/N/lIJPN/C/1 
Page 34 
visual recordings of their wire diffusions, and to reproduce by means of photography or other 
similar processes the sounds or images incorporated in their wire diffusions. 
(Rights of broadcasting and wire rediffusion) 
Article 1 Ooter.- Wir~ diffusion org anizations shall have the exclusive rights to broadcast and to 
rediffuse by wire their wire diffusions. 
(Right of communication of wire television diffusions) 
Article 100quater.- Wire diffusion organizations shall have the exclusive right to communicate their 
wire television diffusions to the public, by means of a special instrument for enlarging images. 
Section 6 Tenn of Protection 
(Term of protection for performances, phonograms, broadcasts and wire diffusions) 
Article 101.-The duration of neighboring rights shall begin with the follovving date, and shall 
expire at the end of a period of fifty years from the year following the date: 
(i) when the performance took place, for performances; 
(ii) when the first fixation of sounds was made, for phonograms; 
(iii) wh'en the broadcast took place, for broadcasts; 
(iv) when the wire diffusion took place, for wire diffusions; 
Section 7 Limitations, Transfer, Exerciseand Registration of the Rights 
(Limitations on neigh boring rights) 
Article 102.-(1) The provisions of Article 30, paragraph (1), Articles 31, 32, 35 and 36, Article 37, 
paragraph (2), Article 38, paragraphs (2) and (4) and Articles 41, 42 and 44 (except paragraph (2» 
shall apply mutatis mutandis to the exploitation of performances, phonograms, broadcasts or wire 
diffusions which are the subject matter of neighboring rights, the provision of Article 30, paragraph 
(2) shall apply mutatis mutandis to the exploitation of performances or phonograms which are the 
subject matter of neighboring rights, and the provision of Article 44, paragraph (2) shall apply 
mutatis mutandis to the exploitation of performances, phonograms or wire diffusions which are the 
subject matter of neighboring rights. In this case, .. Article 23, paragraph (1)" in Article 44, 
paragraph (1) shall read .. Article 92, paragraph (1), Article 99, paragraph (1) or Article 1 OOter" , 
and "Article 23, paragraph (1)" in Article 44, paragraph (2) shall read .. Article 92, 
pa ragraph (1) or Article 1 OOter" . 
(2) Where reproduction is made of performances, phonograms, sounds or images already 
broadcast or diffused by wire (hereinafter referred to as "performances, etc." ) in accordance 
with the provisions of Article 32, Article 37" paragraph (2) or Article 42 which are applicable 
mutatis mutandis in the preceding paragraph, the source must be clearly indicated in the manner 
and to the extent deemed reasonable by the character of the reproduction, provided that standard 
practice so requires. 
(3) Where it is permissible to broadcast or diffuse by wire works under the provision of Article 
39, paragraph (1) or Article 40, paragraph (1) or (2), it shall also be permissible to diffuse by wire 
the broadcasts or wire diffusions of such works and to communicate them to the public by means 
of a special instrument for enlarging images. 
(4) The following shall be considered to constitute the making of sound or visual recordings or IP/N/JPN/C/l 
Page 35 
the reproduction described in Article 91, paragraph (1), Article 96, Article 98 or Article 100bis: 
(i) the distribution of copies of performances, etc. made in accordance with the provisions of 
Article 30, paragraph (1), Article 31, item (i), Article 35, Article 37, paragraph (2), Article 41, 
Article 42, or Article 4~, paragraph (1) or (2) which apply mutatis mutandis in paragraph (1) of this 
Article, and the making available to the public of performances, of sounds of phonograms, or of 
sounds or images of broadcasts or wire diffusions by the use of these copies, for purposes other 
than those mentioned in these provisions; 
(ii) the preservation by broadcasting organizations or v/ire diffusion organizations of sound or 
visual recordings in violation of Article 44, paragraph (3) which apply mutatis mutandis in paragraph 
(1) of th is Article. 
(Transfer, exercise, etc. of neighboring rights) 
Article 103.-The provision of Article 61, paragraph (1) shall apply mutatis mutandis to the 
transfer of neighboring rights, the provision of Article 62,. paragraph (1) to the expiry of these 
rights, and the provision of Article 63 to the authorization to exploit performances, phonograms, 
broadcasts or wire diffusions, and the provision of Article 65 shall apply mutatis mutandis with 
respect to the joint authorship of these rights, and the provision of Article 66 with respect to the 
establishment of a pledge on these rights. 
(Registration of neighboring rights) 
Article 104.-The provisions of Articles 77 and 78 (except paragraph (2»shall apply mutatis 
mutandis to the registration of neighboring rights. In this case, "the copyright register" in 
paragraphs (1) and (3) of the latter Article shall read .. the register of neighboring rights" 
Chapter V Compensation for Private Recording 
(Exercise of the right to claim compensation for private recording) 
,A,rticle 1 04bis.-(1) Where there is an association, which is established for the purpose of 
exercising the right to claim compensation as mentioned in Article 30, paragraph (2) (including the 
case where its application mutatis mutandis is provided for under the provision of Article 102, 
paragraph (1); the same shall apply hereinafter in this Chapter. ) (hereinafter in this Chapter 
referred to as "compensation for private recording ,-) on behalf of the owners of such right 
(hereinafter in this Chapter referred to as .. the owners of the right" ) and which is designated, 
with its consent, by the Commissioner of the Agency for Cultural Affairs as the only one association 
throughout the country for each of the following two categories of compensation for private 
recording (hereinafter in this Chapter referred to as .. the designated association" ), the right to 
clain compensation for private recording shall be exercised exclusively through the intermediary of 
the designated associaton: 
(i) compensation for sound recording made for the purpose of private use (excluding such 
sound recording as made exclusively with visual recording; hereinafter in this Chapter referred to 
as .. private sound recording" ); 
(ii) compensation for visual recording made for the purpose of private use (including such 
visual recording as made exclusively with sound recording; hereinafter in this Chapter referred to 
as .. private visual recording" ). IP/N/1/JPN/C/l 
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(2) The designated associaton shall have the authority to deal, on behalf of the owners of the 
right and in its own name, with juridical and non-juridical matters in regard to the right to claim 
compensation for private recording. 
(Conditions for designation) 
Article 1 04ter.-The Commissioner of the Agency for Cultural Affairs shall designate only such an 
association as satisfies the following conditions: 
(i) thay it is a legal person established under the provision of Article 34 (Establishment of 
non-profit legal persons) of the Civil Law; 
(ii) that it is composed of, in the case of compensation for private sound recording, the 
associations mentioned in the following (a), (c) and (d), and, in the case of compensation for 
private visual recording, the associations mentioned in the following (b), (c) and (d), respectively: 
(a) an association (including a federation of associations) which is composed of the persons 
holding the right of reproduction with respect to works of which private sound recording is made, 
and which is deemed to represent the interests of such right holders in this country; 
(b) an association (including a federation of associations) which is composed of the persons 
holding the right of reproduction with respect to works of which private visusl recording is made, 
,and which is deemed to represent the interests of such right holders in this country; 
(c) an association (including a federation of associations) which is composed of a considerable 
number of professional performers practising in this country; 
(d) an association (including a federation of associations) which is composed of a considerable 
number of producers of phonograms practiSing in this country. 
(iii) that each of the associations mentioned in (a), (b), (c), and (d) in the preceding item 
satisfies the following conditions: 
(a) that it is not established for profit-making; 
(b) that its members may freely join and withdraw; 
(c) that its members are granted an equal right to vote and to be elected. 
(iv) that it has sufficient ability to conduct properly the business of exercising the right to claim 
compensation for private recording (including the business relating to the activities mentioned in 
Article 1040cties, paragraph (1); hereinafter in this Chapter referred to as " the business related to 
compensation" ) on behalf of the owners of the right. 
(Special provisions for the payment of compensation for private recording) 
Article 1 04quater.-(1) Any purchaser of a recording machine or a recording medium ~hich is 
specified by Cabinet Order in accordance with the provision of Article 30, paragrah (2) (hereinafter 
in this Chapter referred to as "specified recording machine" and "a specified recording 
medium" respectively) (limited to the initial purchasers of such retailed recording machines or 
media) shall pay, at the time of the purchase and on the claim by the designated association, a 
lump-sum compensation for private recording the amount of which is fixed, for such recording 
machine and medium respectively, in accordance with the provision of Article 1 04sexies, paragraph 
(1) . IP/N/lIJPN/C/l 
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(2) Any person who has paid such compensation may claim its repayment from the designated 
association, by certifying that he or she uses such a specified recording machine or medium 
exclusively for the purpose other than that of private recording. 
(3) Notwithstanding the provision of Article 30, paragraph (2), any person who makes private 
recording on a specified recording medium, for which compensation has been paid, by means of a 
specified recording machine, for which compensation has been paid, shall not be required to pay 
compensation for private recording, provided that compensation has not been repaid for such a 
specified recording machine or medium concerned in accordance with the provision of the 
preceding paragraph. 
(Cooperation by manufacturers and importers) 
Article 104quinquies.- When the designated association claims compensation for private 
recording in accordance with the provision of paragraph (1) of the preceding Article, any 
manufacturer or importer of specified recording machines or media shall cooperate with the 
designated association in claiming and receiving such compensation. 
(Amount of compensation for private recording) 
Article 1 04sexies.-(1) Before exercising the right to claim compensation for private recording in 
accordance with the provision of Article 104bis. paragraph (1), the designated association shall fix 
the amount of such compensation and obtain the approval thereof from the Commissioner of the 
Agency for Cultural Affairs. The same shall apply when the designated association intends to 
change such amount. 
(2) When the approval mentioned in the prece,ding paragraph is given, the amount of 
compensation for private recording shall, notwithstanding the provision of Article 30, paragrapph 
(2), be that as approved. 
(3) Before applying for such approval, the designated association shall consult with a'ssociations 
which are composed of manufacturers and importers of specified recording machines or media and 
which are deemed to represent their opinions. 
(4) The Commissioner of the Agency for Cultural Affairs shall approve the amount of 
compensation applied for only when it is deemed appropriate by taking into account the spirit of the 
provisions of Article 3D, paragraph (1) (including the case where its application mutatis mutandis is 
provided for under the provision of Article 102, paragraph (1) ) and Article 104qunter, paragraph 
(1), the ordinary rate of sound or visual recording royalty and other circumstances. 
(5) Before approving the amount of compensation, the Commissioner of the Agency for Cultural 
Affairs shall consult the Copyright Council. 
(Rules on the execution of the business related to compensation) 
Article 1 04septies,-(1) Vv'hen intiating the business related to compensation, the designated 
association shall establish rules on the execution of such business and report those rules to the 
Commissioner of the Agency for Cultural Affairs. The same shall shall apply when the disignated IP/N/lIJPN/C/l 
Page 38 
association intends to amend such rules. 
(2) The rules mentioned in the preceding paragraph shall include the matters relating to the 
distribution of compensation for private recording (limited to such compensation as paid in 
accordance wiht the provision of Article 104quater, paragraph (1) ), and the designated association 
shall take into account the spirit of the provision of Article 30, paragraph (2) when establishing the 
rules on such matters. 
(Allocation for such activities as contributing to the protection of copyright, etc.) 
Article 1 040cties.-(1) The designated association shall allocate an amount corresponding to the 
rate fixed by Cabinet Order within 20, of the compensation received (limited to such compensation 
as paid in accordance with the provision of Article 104quater, paragraph (1) ) for such activities as 
contributing to the. protection of copyright and neighboring rights as well as to the promotion of the 
creation and dissemination of works. 
(2) When intending to draft the Cabinet Order mentioned in the preceding paragraph or to draft 
its amendment. the Commissioner of the Agency for Cultural Affairs shall consult the Copyright 
Council. 
(3) The Commissioner of the Agency for Cultural Affairs may issue to the designated association 
an order necessary for supervising the business relating to the activities mentioned in paragraph 
(1) when it is deemed necessary for assuring an proper execution of such business. 
(Request for report, etc.) 
Article 1 04novies.- The Commissioner of the Agency for Cultural Affairs may request the 
designated association to make a report on its business related to compensation or to submit 
account books, documents and other information, and may make recommendations necessary for 
improving the manner of execution of the business related to compensation when it is deemed 
necessary for assuring the proper execution of such business. 
(Non-application of the Law on Intermediary Business concerning Copyrights) 
Article 104decies.- The provisions of the Law on Intermediary Business concerning Copyrights 
(Law No. 67, of 1939) shall not apply to the business related to compensation executed by the 
designated association. 
(Delegation to Cabinet Order) 
Article 104undecies.- In addtition to those provided for in this Chapter, necessary matters with 
respect to the designated association and the business related to compensation shall be prescribed 
by Cabinet Order. 
Chapter \1 Settlement of Disputes 
(Mediators for the settlement of disputes concerning copyright) 
Article 105.-(1) In order to settle, through mediation, disputes concerning the rights provided for 
in this Law, the Agency for Cultural Affairs shall provide mediators for the settlement of disputes IP/NIlIJPN/CI 1 
Page 39 
concerning copyright (hereinafter in this Chapter referred to as .. mediators" ). 
(2) Whenever an affair may arise, mediators not exceeding three in number shall be appointed 
by the Commissioner of the Agency for Cultural Affairs from among persons of learning and 
experience in the field of copyright or neighboring rights. 
(Application for mediation) 
Article 106.-When a dispute may arise in relation to the rights provided for in this Law, the 
parties concerned may apply for mediation to the Commissioner of the Agency for Cultural Affairs. 
(Application fee) 
Article 107.-Applicants shall pay application fee, the amount of which shall be fixed by Cabinet 
Order, taking into account actual cost. 
(Submission to mediation) 
Article 108.-(1) Upon receipt of an application under the provision of Article 106 of both parties 
conserned or that of one party to which the other party consented, the Commissioner of the 
Agency for Cultural Affairs shall submit the matter to the mediators. 
(2) The Commissioner of the Agency for Cultural Affairs may desist from submitting a matter to 
the mediators, when he deems it inappropriate in nature for submission to mediation or when he 
deems that the parties concemed applied for mediation for improper purposes. 
(Mediation) 
Article 109.-(1) The mediators shall mediate between the parties concerned in order to settle the 
dispute in conformity with actual circumstances and in consideration of the points in dispute. 
(2) The mediators may stop the mediation when they deem that the likelihood of settlement of 
the dispute no longer exists. 
(Report, etc.) 
Article 110.-(1) Upon completion of the mediation, the mediators shall report thereon. to the 
Commissioner of the Agency for Cultural Affairs. 
(2) When stopping mediation, they shall inform the parties concerned thereof and indicate the 
reasons therefor, which shall also be reported to the Commissioner of the Agency for Cultural 
Affairs. 
(Mandate to Cabinet Order) 
Article 111.-Other than those provided for in this Chapter, necessary matters in connection with 
procedures of mediation and mediators shall be provided for by Cabinet Order. 
Chapter VII Infringements 
(Right of demanding cessations) 
Article 112.-(1) Against those who infringe or are likely to infringe moral rights, copyright, right of 
publication, or neighboring rights, the authors as well as the owners of these rights may demand 
cessation or prevention of such infringements. 
(2) In making such demands, the authors, the owners of copyright, the owners of right of 
publication, or the owners of neighboring rights may demand that measures necessary to effect 
such cessation or prevention of infringement be taken, such as the abandonment of objects the 
making of which constituted an infringement, objects made by an infringement or implements and IP/N/lIJPN/C/1 
Page 40 
tools used solely for an infringement. 
(Acts considered to be infringements) 
Article 113.-(1) The following acts sha 11 be considered to constitute infringements on moral 
rights, copyright, right of publication or neighboring rights: 
(i) the importation into this country, for distribution, of objects made by an act which would 
constitute an infringement on moral rights, copyright, right of publication or neighboring rights if they 
were made in this country at the time of such importation; 
(ii) the distribution or the possession for distribution of objects made by an act infringing moral 
rights, copyright, right of publication or neighboring rights (including those imported as mentioned in 
the preceding item) by a person who is aware of such infringement. 
(2) An act of using in a computer, in the conduct of business, copies made by an act infringing a 
copyright in a program work (including copies made by the owner of such copies in accordance 
with the provision of Article 47bis, paragraph (1) as well as copies of a program work imported as 
mentioned in item (i) of the preceding paragraph and copies made by the owner of such imported 
copies in accordance with the provision of Article 47bis, paragraph 1) shall be considered to 
constitute an infringement on that copyright, so long as a person using such copies is aware of 
such infringement at the time when he has acquired an authority to use these copies. 
(3) An act of exploitation of a work prejudiCial to the honour or reputation of the author shall be 
considered to constitute an infringement on his moral rights. 
(Presumption of the amount of damages) 
Article 114.-(1) In the case where an owner of copyright, right of publication or neighboring rights 
claims compensation for damages from a person who has infringed intentionally or negligently any 
of these rights, the profits, if any, obtained by the infringer from that infringement shall be 
presumed to be the amount of damages suffered by such owner. 
(2) The owners of copyright and neighboring rights may claim compensation for damages from a 
person who has infringed intentionally or negligently their copyright or neighboring rights, the 
amount of damages suffered being that corresponding to the ordinary amount of money which 
would be received by them through the exercise of these rights. 
(3) The provision of the preceding paragraph shall not prejudice any claim to compensation for 
damages in excess of the amount mentioned therein. In such case, the court may consider the 
absence of any bad faith or gross negligence on the part of the infringer in fixing the amount of 
damages. 
(Measures for recovery of honour, etc.) 
Article 1·15.-The author may demand that the person who has infringed his moral rights 
intentionally or negligently take measures necessary to indentify him as the author, to correct 
distortions, mutilations, or modifications or to recover his honour or reputation either in place of 
indemnification of damages or together with indemnification of damages. 
(Measures to protect the moral interests after the author's death) 
Article 116.-(1) After the death of the author, his bereaved family ( "bereaved family" means 
surviving spouse, children, parents, grandchildren, grandparents, brothers or sisters of the dead IP/N/lIJPN/C/1 
Page 41 
author; the same shall apply hereinafter in this Article) may make the demand described in Article 
112 of a person who violates or is likely to violate the provision of Article 50 in respect of the 
author concerned, or the demand described in the preceding Article of a person who has infringed 
moral rights intentionally or negligently or who has violated the provision of Article 60. 
(2) Unless otherwise determined by the will of the author, the demands by the bereaved family 
mentioned in the preceding paragraph may be made in accordance with the order of the 
enumeration of the bereaved family in that paragraph. 
(3) The author may appoint by \vill a person who acts for the bereaved family. In this case, the 
appointed person may not make a demand after the expiration of a period of fifty years from the 
year following the date of the author's death or, if any bereaved family still survive at the time of 
such expiration, after the death of all the bereaved family. 
(Infringement with respect to a joint work, etc.) 
Article 117.-(1) Each co-author of, or each co-owner of the copyright in, a joint work shall be 
entitled to. make I without the consent of the other co-authors or co-owners of the copyright, the 
demand described in Article 112 or a demand for compensation for damages to his share or a 
demand for the surrender of unjust enrichment corresponding to his share. 
(2) The provision of the preceding paragraph shall apply mutatis mutandis to an infringement on 
copyright or neighboring rights in co-ownership. 
(Safeguard of rights in anonymous or pseudonymous works) 
Article 118.-(1) The publisher of an anonymous or pseudonymous work shall be entitled to 
make, in his own n'ame and in favour of the author or the copyright owner of the work, the demand 
described in Article 112. or Article 115 or Article 115, paragraph (1) or a demand for compensation 
or the surrender of unjust enrichment, provided that the pseudonym is not generally known as that 
of the author and that the true name of the author is not registered under the provision of Article 
75, para g ra p h (1). 
(2) A person whose true name or generally known pseudonym is indicated as the name of the 
publisher in the customary manner on copies of an anonymous or pseudonymous work shall be 
presumed to be the publisher of that work. 
Chapter vlll Penal Provisions 
Article 119.-The following shall be punishable by imprisonment for a term not exceeding three 
years or a fine not exceeding one million Yen: 
(i) any person who infringes moral rights, copyright, right of publication or neighboring rights 
(excluding those who reproduce by themselves works or performances, etc. for the purpose of 
private use mentioned in Article 3D, paragraph (1) (including the case where its application mutatis 
mutandis is provided for under the provision of Article 102, paragraph (1 »; 
(ii) any person who, for profit,-making purposes, causes others to use automatic reproducing 
machines mentioned in Article 3D, paragraph (1) for such reproduction of works or performances, 
etc. as constitutes an infringement on copyright, right of publication or neighboring rights. 
Article 120.-Any person who violates the proviSion of Article 60 shall be punishable by a fine not 
exceeding one million Yen. IP/N/lIJPN/C/l 
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Article 121.-Any person who distributes copies of works on which the true name or generally 
known pseudonym of a non-author is indicated as the name of the author (including copies of 
derivative works on which the true name or generally known pseudonym of a non-author of the 
original work is indicated as the name of the original author) shall be punishable by imprisonment 
for a term not exceeding one year or a fine not exceeding three hundred thousand Yen. 
Article 121 bis.-Any person who makes, distributes or possesses for distribution copies of 
commercial phonograms reproduced from any of the following commercial phonograms (including 
copies of such commercial phonograms and those made through one or more intervening copies) 
shall be punishable by imprisonment for a term not exceeding one year or a fine not exceeding 
three hundred thousand Yen, provided that such making, distribution or possesseion of copies is 
made within a period of fifty years from the year following the date of the first fixation of sounds on 
matrices of phonograms: 
(i) commercial phonograms which have been manufactured, by those engaging in the business 
of manufacturing commercial phonograms in this country, from matrices of phonograms (except 
those pho'nograms falling within any of the four items of Article 8) offered by producers of 
phonograms; 
(ii) commercial phonograms which have been manufactured, by those engaging in the 
business of manufacturing commercial phonograms outside the jurisdiction of this Law, from 
matrices of phonograms (except those phonograms falling within any of the four items of Article 8) 
offered by producers of phonograms who are nationals of any of the Contracting States of the 
Convention for the Protection of Performers, etc., the members of the World Trade Organization or 
the Contracting States of the Phonograms Convention (including legal persons established under 
the law of such State or having their principal offices in such State). 
Article 122.-Any person who violates the provisions of Article 48 or Article 102, paragraph (2) 
shall be punishable by a fine not exceeding one hundred thousand Yen. 
Article 123.-(1) In the case of offences under Article 119 and Article 121 bis, the prosecution 
shall take place only upon the complaint of the injured person. 
(2) A publisher of an anonymous or a pseudonymous work may lodge a complaint with respect 
to such work published by him, except in the cases where the proviso to Article 118, paragraph (1) 
is applicable and where the complaint is contrary to the express will of the author. 
Article 124.-(1) Where a representative of a legal person (including an administrator of a 
non-juridical association or foundation) or an agent, an employee or any other worker of a legal 
person or a person violates the provisions of Articles 119 to 122 in connection with the business of 
such legal person or such person, the fine under each Article shall be imposed upon such legal 
person or such person in addition to the punishment of the offender. 
(2) In the case where the provision of the preceding paragraph applies to a non-juridical 
association or foundation, its representative or administrator shall represent such association or 
foundation with regard to proceedings, and the provisions of the Code of Criminal Procedure which 
are used when a legal person is the accused or the suspect shall apply mutatis mutandis. 
(3) In the case of paragraph (1), a complaint lodged against an offender or the withdrawal of IP/N/lIJPN/C/l 
Page 43 
such complaint shall be effective also with respect to the legal person or the person concerned, 
and a complaint lodged against a legal person or a person or the withdrawal of such complaint 
shall be effective also with respect to the offender concerned. 
Supplementary Provisions 
(Date of enforcement) 
Article 1.-This Law shall come into force on January 1, 1971. 
(Transitory measures: the scope of application) 
Article 2.-(1) The provisions relating to copyright of the revised Copyright Law (hereinafter 
referred to as .. the new Law" ) shall not apply to works in which copyright under the Copyright 
Law before amendment (hereinafter referred to as "the old Law" ) have all expired at the time 
of coming into force of this Law. 
(2) In relation to works in which copyright under the old Law have partly expired at the time of 
coming into force of this Law, the provisions in the new Law concemed with the expired parts shall 
not apply. 
(3) The provisions relating to neighboring rights of the new Law (including the provisions of 
Article 95, Article 95bis. paragraphs (3) and (4). Article 97 and Article 97bis, paragraphs (3) to (5); 
.the same shall apply in the next paragraph) shall not apply to the following: 
(i) performances which took place before the enforcement of this Law; 
(ii) phonograms composed of the sounds which were first fixed before the enforcement of this 
Law; 
(iii) broadcasts which took place before the enforcement of this Law; 
(4) Notwithstanding the provisions of the preceding paragraph as well as Articles 7 and 8 of the 
new Law, the provisions relating to neighboring rights of the new Law shall apply to performances 
or phonograms, mentioned in item (i) or (ii) of the preceding paragraph, in which copyright under 
the old Law subsists at the time of coming into force of this Law. 
(Transitory measures: translations, etc. made by the State, etc.) 
Article 3.-With respect to works which fall within Article 13, item (iv) of the new Law and on 
which the right of publication under the old Law is established at the time of the enforcement of this 
Law, the provision of that item shall not apply only within the duration of that right. 
(Transitory measures: the author of a work made under the name of a legal person, etc.) 
Article 4.-The provisions of Articles 15 and 16 of the new Law shall not apply to works created 
before the enforcement of this Law. 
(Transitory measures: lending of books, etc.) 
Article 4bis.-The provision of Article 26bis of the new Law shall not apply for the time being to 
the lending of books or magazines (excluding those consisting mainly of music). 
(Transitory measures: the ownership of copyright in cinematographic works, etc.) 
Article 5.-(1) The old Law shall still apply to the ownership of copyright in cinematographic 
works, described in Article 29 of the new Law, which were created before the enforcement of this 
Law. 
(2) The provisions of the new Law shall not prejudice the effect of the provisions of Article 24 or IP/N/1/JPN/C/l 
Page 44 
25 of the old Law on the ownership of copyright in photographic works included in other works 
before the enforcement of this Law and on the ownership of copyright in portrait photographs 
created on commission before the enforcement of this Law. 
(Transitory measures: automatic reproducing machines) 
Article 5bis.-For the a pplication of the provisions of Article 30, paragraph (1) and Article 119, 
item (ii) of the new Law, the words "automatic reproducing machines" mentioned in these 
provisions shall not include for the time being those exclusively for use in copying writings or or 
printings. 
(Transitory measures: artistic works placed in an open place) 
Article 6.-The owner of the copyright in an artistic work permanently placed in an open place, 
as provided in Article 45, paragraph (2) of the new Law, at the time of the enforcement of this Law, 
shall be considered to have authorized the exhibition of that work by placing its original in an open 
place. 
(Transitory measures: term of protection) 
Article 7.-The old Law shall still apply to the duration of copyright in works made public before 
the enforcement of this Law, provided that the duration under the old Law is longer than that 
'provided in the provisions of Section 4 of Chapter IT of the new Law. 
(Transitory measures: duration of the right of translation) 
Article 8.-The provisions of Articles 7 and 9 of the old Law shall still be effective with respect to 
works published before the enforcement of this Law. 
(Transitory measures: disposal of copyright) 
Article 9.-The transfer and other disposal, made before the enforcement of this Law, of 
copyright under the old Law shall be considered made under the new Law, except those falling 
within the provision of Article 15, paragraph (1) of the Supplementary Provisions. 
(Transitory measures: jOint works) 
Article 10.-(1) The provisions of Article 13, paragraphs (1) and (3) of the old Law shall still be 
effective with respect to works created before the enforcement of this Law by two or more persons 
in which the contribution of each person can be separately exploited. 
(2) For the purpose of Article 51, paragraph (2) and Article 52, paragraph (1) of the new Law, 
works mentioned in the preceding paragraph shall be considered to constitute joint works. 
(Transitory measures: explOitation of works under compulsory license) 
Article 11.-(1) The provision of Article 69 of the new Law shall not apply to the making of sound 
recordings of musical works incorporated in commercial phonograms which were put on sale in this 
country before the enforcement of this Law. 
(2) The person who would be entitled to exploit works in accordance with the provision of Article 
22quinquies, paragraph (2) or Article 27, paragraph (1) or (2) of the old Law shall be entitled to 
continue to exploit these works in accordance with such provision. 
(3) The amount of compensation fixed by the Commissioner of the Agency for Cultural Affairs in 
accordance with the provision of Article 22quinquies, paragraph (2) or Article 27, paragraph (2) of 
the old Law shall be considered as that fixed in accordance with the provision of Article 68, IP/NIlIJPN/CI 1 
Page 45 
paragraph (1) or Article 67, paragraph (1) of the new Law, and the provisions of Articles 72 and 73 
of the new Law shall apply. 
(4) In the preceding paragraph, where the parties concerned who are dissatisfied with the 
amount of compensation learn of the issuance of a license before the enforcement of this Law, the 
period mentioned in Article 72, paragraph (1) of the new Law shall be calculated from the date of 
enforcement of this Law. 
(Transitory measures: registrations) 
Article 12.-(1) The disposal of and procedures for registrations of copyright, of the true name or 
of the date of first publication mentioned in Article 15 of the old Law, made before the enforcement 
of this Law, shall be considered as those mentioned in Articles 75 to 77 of the new Law, except 
those falling within the provision of Article 15, paragraph (3) of the Supplementary Provisions. 
(2) The provision of Article 35, paragraph (5) of the old Law shall still be effective with respect to 
works, the date of first publication of which, at the time of the enforcement of this Law, is registered 
in accordance with the provision of Article 15, paragraph (3) of the old Law. 
(Transitory measures: right of publication) 
Article 13.-(1) The right of publication under the old Law which was established before the 
.enforcement of this Law and which subsists at the time of enforcement of this Law shall be 
considered to be established under the new Law. 
(2) The disposal of and procedures for registrations of the right of publication mentioned in 
Article 28decies of the old Law, made before the enforcement of this Law, shall be considered as 
those mentioned in Article 88 of the new Law. 
(3) Notwithstanding the provisions of Articles 80 to 85 of the new Law, the provisions of Articles 
28ter to 280cties of the old Law shall still be effective with respect to the right of publication 
mentioned in paragraph (1) of this Article. 
(Transitory measures, public perfonnances by the use of sound recordings) 
Article 14.-The provisions of Article 30, paragraph (1), item (viii) and paragraph (2), as well as 
Article 39 of the old Law shall, for the time being, continue to be effective with respect to public 
performances of musical works by the use of sound recordings made lawfully, other than those 
accomplished by broadcasting or wire transmission and those made by enterprises which use such 
recordings for the purpose of profit-making and which are defined by Cabinet Order. 
(Transitory measures: neighboring rights) 
Article 15.-(1) The transfer and other disposal, made before the enforcement of this Law, of 
copyright under the old Law in performances or phonograms mentioned in Article 2, paragraph (4) 
of the Supplementary Provisions shall be considered as the transfer and other disposal of 
neighboring rights under the new Law. 
(2) Notwithstanding the provision of Article 101 of the new Law, the duration of neighboring 
rights in performances and phonograms mentioned in the preceding paragraph shall be the 
remaining part of the duration at the time of the enforcement of this Law or a period of fifty years if 
the remaining part is longer than fifty years. 
(3) The disposal of and procedures for registrations of copyright in performances or phonograms IP/N/lIJPN/C/l 
Page 46 
mentioned in paragraph (1) of this Article, made before the enforcement of this Law in accordance 
with the provision of Article 15, paragraph (1) of the old Law, shall be considered made in 
accordance with the provision of Article 104 of the new Law. 
(4) The provisions of Article 10, paragraph (1) and Article 12, paragraph (2) of the 
Supplementary Provisions shall apply mutatis mutandis to performances and phonograms 
mentioned in paragraph (1) of this Article. 
(Transitory measures: distribution, etc. of copies) 
Article 16.-Copies of works, performances or phonograms which were made before the 
enforcement of this Law and which would be lawful under the provisions of Subsection 5 of Section 
3 of Chapter IT of this Law (including the case where their application mutatis mutandis is 
provided for under Article 102, paragraph (1) of the new Law) may be used or distributed to the 
extent of the purpose of the reproduction provided in these provisions. In this case, the provision of 
Article 113, paragraph (1), item (ii) of the new Law shall not apply. 
(Transitory measures: infringements) 
Article 17.-Notwithstanding the provisions of Article 14 and Chapter VI of the new Law, the 
provisions of Articles 12, 28undecies, 29, 33 and 34, Article 35, paragraphs (1) to (4), and 
Articles 36 and 36bis of the old Law shall still apply to acts made before the enforcement of this 
Law which violate the provision of Article 18, paragraph (1) or (2) of the old Law or which fall within 
the infringements provided for in Chapter ill of the old Law (including acts infringing the right of 
publication). 
(Transitory measures: penal provisions) 
Article 18.-The penal provisions of the old Law shall still apply to acts made before the 
enforcement of this Law. 
(Date of enforcement) Supplementary Provisions 
(Law No. 49, of 1978) 
1.-This Law shall come into force as from the day on which the Convention for the Protection of 
Producers of Phonograms Against Unauthorized Duplication of Their Phonograms becomes 
effective with respect to Japan. [This Law came into force on October 14, 1978.] 
(Transitory measures) 
2.-The provisions relating to neighboring rights of the amended Copyright Law shall not apply to 
the phonograms, mentioned in Article 8, item (iii), of the amended Copyright Law, which are 
composed of the sounds first fixed before the enforcement of this Law. 
(Date of enforcement) Supplementary Provisions (Extract) 
(Law No. 45, of 1981) 
1.-This Law shall come into force on the date of its promulgation. [This Law came into force 
on May 19,1981.] 
Supplementary Provisions (Extract) 
(Law No. 78, of 1983) (Date of enforcement) 
1.-This Law (except Article 1) shall come into force on July 1, 1984. 
(Date of enforcement) Supplementary Provisions (Extract) 
(Law No. 23, of 1984) IP/N/lIJPN/C/l 
Page 47 
1.-This Law shall come into force twenty days after the date of its promulgation. [This Law 
came into force on May 21, 1984.] 
(Date of enforcement) Supplementary Provisions 
(Law No. 46, of 1984) 
1.-This Law shall come into force on January 1, 1985. 
(Repeal of the Interim Measure Law) 
2.-The Law to Take an Interim Measure for the Protection of the Rights of Authors, etc. with 
Respect to the Lending of Commercial Phnograms to the Public (Law No.76, of 1983; hereinafter 
referred to as .. the Interim Measure Law" ) shall be hereby repealed. 
(Transitory measures required by the repeal of the Interim Measure Law) 
3.-Notwithstanding the provisions of Articles 26bis, 95bis and 97bis of the amended Copyright 
Law, those who have obtained authorization with respect to the lending to the public of commercial 
phonograms in accordance with the provisions of the Interim Measure Law before the enforcement 
of this Law may offer to the public such works, performances and phonograms as reproduced in 
such commercial phonograms by lending such commercial phonograms, within the scope of 
conditions of that authorization. 
4.-The provisions of the Interim Measure Law (including a Cabinet Order under it) shall still be 
effective with respect to acts which have been made before the enforcement of this Law in violation 
of the provision of Article 4, paragraph (1) of the Interim Measure Law. 
(Date of enforcement) Supplementary Provisions (Extract) 
(Law No. 62, of 1985) 
1.-This Law shall come into force on January 1, 1986. However, the provision for amendment to 
insert Article 76bis next to Article 76 and the amended provision of Article 78, paragraph (1) as well 
as the provision of paragraph 6 of the Supplementary Provisions shall come into force on the day 
of enforcement of the law mentioned in Article 78bis of the amended Copyright Law [on April (1), 
1987]. 
(Transitory measures: works made by an employee in the course of his duties) 
2.-The provisions of Article 15 of the amended Copyright Law shall apply to works created after 
the enforcement of this Law, and the provision of Article 15 of the Copyright Law before 
amendment shall still apply to works created before the enforcement of this Law. 
(Transitory measures: registration of the date of creation) 
3.-The provision of the proviso to Article 76bis, paragraph (1) shall not apply to the registration 
under the provision of the same paragraph of program works created within six months before the IP/NIlIJPN/CI 1 
Page 48 
date of enforcement of the law referred to in Article 78bis of the amended Copyright Law, until the 
lapse of three months from that date of enforcement. 
(Transitory measures: use of copies of program works) 
4.-The provision of Article 113, paragraph (2) of the amended Copyright Law shall not apply to 
copies of a program work which were made before the enforcement of this Law and which would 
be lawful and could be preserved under the provisions of Article 47bis of the amended Copyright 
Law. 
(Transitory measures: penal provisions) 
5.-The penal provisions of the Copyright Law before amendment shall still apply to acts made 
before the enforcement of this Law. 
(Date of enforcement) Supplementary Provisions 
(Law No. 64, of 1986) 
1.-This Law shall come into force on January 1, 1987. 
(Transitory measures: ownership of copyright in cinematographic works made for wire diffusion 
purposes) 
2.-The provisions of Article 29 of the Copyright Law before amendment shall still apply to the 
ownership of copyright in cinematographic works, described in Article 29, paragraph (3) of the 
amended Copyright Law, which were created before the enforcement of this Law. 
(Transitory measures: neighboring rights with respect to wire diffusion organizations and 
performers) 
3.-The provisions of the amended Copyright Law relating to neighboring rights with respect to 
wire diffusion organizations and performers (including the provisions of Article 95 and Article 95bis, 
paragraphs (3) and (4» shall not apply to wire diffusions which took place before the enforcement 
of this Law nor to performances transmitted through such wire diffusions (excluding such 
performances as fall within items (0 to (iii) of Article 7 of the Copyright Law). 
(Transitory measures: penal provisions) 
4.-The penal provisions of the Copyright Law before amendment shall still apply to acts made 
before the enforcement of this Law. 
(Date of enforcement) Supplementary Provisions 
(Law No. 87, of 1988) 
1.-This Law shall come into force twenty days after the date of its promulgation. [This Law 
came into force on November 21, 1988.] 
(Transitory measures) 
2.-The provision of Article 121, item (ii) of the amended Copyright Law shall not apply to the 
following acts made after the enforcement of this Law: 
(i) the making or the distribution of copies of commercial phonograms reproduced from 
commercial phonograms which have been manufactured, by those engaging in the business of 
manufacturing commercial phonograms in this country, from matrices of phonograms (except those IP/NIlIJPN/CI 1 
Page 49 
phonograms falling within any of the three items of Article 8) offered by producers of phonograms 
(in the next item, referred to as .. commercial phonograms which have been manufactured from 
matrices coming from certain foreign countries" ) and in relation to which twenty years from the 
year following the date of the first fixation of sounds on the matrices (in the next item, referred to 
as .. a prohibition period before amendment" ) have passed before the enforcement of this Law; 
(ii) the distribution of copies, made before a prohibition period before amendment has passed, 
of commercial phonograms which have been manufactured from matrices coming from certain 
foreign countries and in relation to which a prohibition period before amendment has passed before 
the enforcement of this Law. 
(Date of enforcement) Supplementary Provisions 
(Law No. 43, of 1989) 
1.-This Law shall come into force as from the day on which the International Convention for the 
Protection of Performers, Producers of Phonograms and Broadcasting Organizations becomes 
effective with respect to Japan. [This Law came into force on October 26, 1989.] 
(Transitory measures: Performances, etc. to which Japan has the obligation to grant protection 
.tinder a treaty) 
2.-The provisions relating to neighboring rights (including the provisions of Articles 95 and 97) 
of the amended Copyright Law (hereinafter referred to as " the new Law" ) shall not apply to 
the following: 
(i) performances, mentioned in Article 7, item (v) of the new Law, which took place before the 
enforcement of this Law; 
(ii) phonograms, mentioned in Article 8, item (iii) of the new Law, which are composed of the 
sounds first fixed before the enforcement of this Law (excluding those phonograms as provided for 
in the next paragraph); 
(iii) broadcasts, mentioned in Article 9, item (iii) of the new Law, which took place before the 
enforcement of this Law. 
3.-The Copy.right Law before amendment shall still apply to phonograms, mentioned in Article 8, 
item (iii) of the new Law, which are composed of the sounds first fixed before the enforcement of 
this Law and to which Japan has the obligation to grant protection under the Convention for the 
Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms. 
(Transitory measures: foreign performers who did not have habitual residence in this country) 
4.-The provisions relating to neighboring rights (including the provisions of Article 95 and Article 
95bis, paragraphs (3) and (4) ) of the new Law shall not apply to foreign performers whose 
performances took place before the enforcement of this Law and who did not have habitual 
residence in this country at the time when their performances took place, provided that their 
performances do not fall within those provided for in Article 2, paragraph 4 of the Supplementary 
Provisions of the Copyright Law. 
Supplementary Provisions 
(Law No. 63, of 1991) 11?/~/1/J1?~/<:/1 
Page 50 
(Date of enforcement) 
1. This Law shall come into force on January 1, 1992. 
(Transitory measures) 
2. The amended provisions of Article 95bis shall not apply to performances, mentioned in Article 
7, item (v), which took place before the enforcement of the Law for Partial Amendments to the 
Copyright Law (Law No.43, of 1989; in the next paragraph, item (ii), referred to as ,; the 
Amendments Law of 1989" ). 
3. The amended provisions of Article 97bis shall not apply to the following phonograms: 
(i) phonograms (excluding those mentioned in Article 8, item (i) or (ii» to which Japan has the 
obligation to grant protection under the Convention for the Protection of Producers of Phonograms 
Against Unauthorized Duplication of Their Phonograms (in the next item and paragraph (5), item 
(Hi) of the Supplementary Provisions, referred to as .. the Phonograms Convention" ) and which 
are composed of the sounds first fixed before the enforcement of the Law for Partial Amendments 
to the Copyright Law (Law No. 49, of 1978); 
(ii) phonograms, mentioned in Article 8, item (iii) (excluding those to which Japan has the 
obligation to grant protection under the Phonograms Convention), which are composed of the 
sounds first fixed before the enforcement of the Amendments Law of 1989. 
4. The provision before amendment of Article 95bis, paragraph (2) shall still apply to the starting 
date of calculating the period for commercial phonograms going beyond the period, mentioned in 
Article 95bis, paragraph (2), with respect to the right of performers and producers of phonograms to 
offer to the public, by means of lending, their commercial phonograms first sold before the 
enforcement of this Law, provided that such commercial phonograms are those in which 
performances mentioned in Article 7, items (i) to (iv) or phonograms mentioned in Article 8, item (i) 
or (ii) are incorporated. 
5. The amended provisions of Article 121 bis shall not apply to any of the following acts made 
after the enforcement of this Law: 
(i) the making, the distribution or the possession for distribution, of copies of commercial 
phonograms reproduced from commercial phonograms (including copies of such commercial 
phonograms and those made through one or more intervening copies) which have been 
manufactured, by those engaging in the business of manufacturing commercial phonograms in this 
country, from matrices of phonograms (except those phonograms falling within any of the four 
items of Article 8) offered by producers of phonogams (in the next item, referred to as " 
commercial phonograms manufactured from matrices coming from certain foreign countries" ) and 
in relation to which twenty years from the year following the date of the first fixation of sounds on 
the matrices (in the next item, referred to as "a prohibition period of twenty years" ) have 
passed before the enforcement of the Law for Partial Amendments to the Copyright Law (Law No. IP/N/1/JPN/C/l 
Page 51 
87, of 1988; in the next item and item (iii), referred to as .. the Amendments Law of 1988" ); 
(ii) the distribution or the possession for distribution of commercial phonograms which are 
reproduced, whithin a prohibition period of twenty years, from commercial phonograms 
manufactured from matrices coming from certain foreign countries and in relation to which a 
prohibition period of twenty years have passed before the enforecement of the Amendments Law 
of 1988; 
(iii) the making, the distribution or the possession for distribution, of copies of commercial 
phonograms reproduced from commercial phonograms (including copies of such commercial 
phonograms and those made through one or more intervening copies) which have been 
manufactured, by those engaging in the business of manufacturing commercial phonograms 
outside the jurisdiction of the Copyright Law, from matrices of phonograms (except those 
phonograms falling within any of the four items of Article 8) offered by producers of phonograms 
who are nationals of any of the Contracting States of the Convention for the Protection of 
Performers, Producers of Phonograms and Broadcasting Organizations or of the Phonograms 
Convention (including legal persons established under the law of such State or having their 
principal offices in such State) and in relation to which twenty years from the year following the 
·date of the first fixation of sounds on the matrices have passed before the enforcement of the 
Amendments Law of 1988. 
6. The penal provisions before amendment shall apply to acts made before the enforcement of 
this Law. 
(Date of enforcement) Supplementary Provisions 
(Law No. 106, of 1992) 
1. This Law shall come into force on the date fixed by Cabinet Order within six months from the 
date of its promulgation. [This Law came into force on June 1, 1993.] However, the provision 
amending the Table of Contents, the provision renumbering Chapter VII as Chapter 't1!I , Chapter 
\1 as Chapter VII , and Chapter V as Chapter VI and inserting the new Chapter V next to 
Chapter \,1 (except the parts relating to Article 104quater, Article 1 04quinquies and Article 
1040cties, paragraphs (1) and (3) ) and the provision amending Article 17 of the Supplementary 
Provisions shall come into force on the date of promulgation of this Law [on December 16, 1992]. 
(Transitory measures) 
2.-The provisions of the amended Copyright Law shall not apply to such private sound or 
visual recording as made on a specified recording medium purchased (the word "purchased" 
means "nitia"y purchased after retail" ; the same shall apply hereinafter) before the date of 
enforcement of this Law (hereinafter referred to as .. the date of enforcenment" ) by means of a 
specified recording machine purchasesd before the date of enforcement. IP/N/lIJPN/C/l 
Page 52 
3. When private recording is made on a speciFied recording medium purchased after the date of 
enforcement by means of a specified recording machine purchased before the date of 
enforcement, compensation for private recording shall be considered to have been paid with 
respect to such recording machine in accordance with the provision of Article 104quater, paragraph 
(1) of the amended Copyright Law. The same shall apply to a specified recording medium, 
purchased before the date of enforcement, on which private recording is made by means of a 
specified recording machine purchased after the date of enforcement. 
Supplementary Provisions 
(Law No.112, of December 14, 1994) 
(Date of enforcement) 
1. This Law shall come into force on the date fixed by Cabinet Order within one year from the 
next day of the date on which the Marrakesh Agreement Establishing the World Trade Organization 
becomes effective with respect to Japan. 
(Application of the provisions relating to neighboring rights) 
2. The provisions of paragragh (3) of the Supplementary Provisions of the Law for Partial 
Amendments to the Copyright Law (Law No.64, of 1986), paragragh (2) of the Supplementary 
Provisions of the Law for Partial Amendments to the Copyright Law (Law No.43, of 1989; 
hereinafter referred to as .. the Amendments Law of 1989" ) and paragragh (2) of the 
Supplementary Provisions of the Law for Partial Amendments to the Copyright Law (Law No.63, of 
1991; in the paragragh (4)of the Supplementary Provisions, referred to as .. the Amendments Law 
of 1991" ) shall not be applicable, in respect of application of the provisions relating to 
neighboring rights (including the provisions of Article 95 bis, paragragh (3) and (4» of the Copyright 
Law amended by the provisions of Article 1 ( hereinafter referred to as .. the new Law" ) to the 
performances mentioned in Article 7, item (iv) of the new Law (excluding those falling within the 
performances mentioned in Article 7, item (i) to (iii) and which fall within the following 
performances, or to the performances mentioned in Article 7, item (v) and which fall within the 
following performances: 
(i) performances which took place in a member of the World Trade Organization; 
(ii) performances fixed in the following phonograms: 
(a) phonograms the producers of which are nationals of any of the members of the World 
Trade Organization( .. nationals" includes legal persons established under the law of such 
member and those who have their principal offices in such member; the same shall apply 
hereinafter); 
(b) phonograms composed of the sounds which were first fixed in any of the members of 
the World Trade Organization. 
(iii) performances transmitted through the following broadcasts, excluding those incorporated in 
sound or visual recordings before the transmission with the authorization of the performers concerned: IP/NIlIJPN/CI 1 
Page 53 
(a) broadcasts transmitted by broadcasting organizations who are nationals of any of the 
members of the World Trade Organization; 
(b) broadcasts transmitted from transmitters situated in any of the members of the Wold 
Trade Organization. 
3. The provisons of paragragh (4) of the Supplementary Provisions of the Amendments Law of 
1989 shall not be applicable, in respect of application of the provisions relating to neighboring rights 
of the new Law (including the provisions of Article 95 bis, paragragh (3) and (4)) to foreign 
performers whose performances are mentioned in the preceding paragragh, item (i) to (iii) and who 
did not have habitual residence in this country at the time when their performances took place. 
4. The Provisions of paragragh (2) of the. Supplementary Provisions of the Law for Partial 
Amendments to the Copyright Law (Law No.49, of 1978), paragragh (2) and (3) of the 
Supplementary Provisions of the Amendments Law of 1989, and paragragh (3) of the Amendments 
Law of 1991 shall not be applicable, in respect of application of the proviSions relating to 
neighboring rights of the new Law (including the provisions of Article 97 bis, paragragh (3) to (5» to 
the following phonograms: 
(i) phonograms mentioned in Article 8, item (iii) and which fall within the following phonograms: 
(a) phonograms the producers of which are nationals of any of the members of the World 
Trade Organization; 
(b) phonograms composed of the sound which were first fixed in any of the members of the 
World Trade Organization. 
(ii) phonograms mentioned in Article 8, item(iv) and to which Japan has the obligation to grant 
protection under the Convention for the Protection of Producers of Phonograms Against 
Unauthorized Duplication of Their Phonograms (in the paragraph (6) of the Supplementary 
Provisions, referred to as .. the Phonograms Convention" ). 
S. The Provisions of paragraph (2) of the Supplementary Provisions of the Amendments Law of 
1989 shall not be applicable, in respect of application of the provisions relating to neighboring rights 
of the new Law to the broadcasts mentioned in the Article 9, item (iii) and which fall within the 
following broadcasts: 
(i) broadcasts transmitted by broadcasting organizations who are nationals of any of the 
members of the World Trade Organization; 
(ii) broadcasts transmitted from transmitters situated in any of the members of the World Trade 
Organization. 
(Transitory measures: the making of copies, etc. of commercial phonograms manufactured from 
matrices coming from foreign countries) 
6. The provisions of the Article 121 bis of the new Law shall not apply to the acts, which are IP/N/lIJPN/C/l 
Page 54 
made after the enforcement of this Law, of the making, the distribution or the possession for 
distribution, of copies of commercial phonograms reproduced from commercial phonograms 
(including copies of such commercial phonograms and those made through one or more 
inteNening copies) which have been manufactured, by those engaging in the business of 
manufacturing commercial phonograms outside the jurisdiction of the Copyright Law, from matrices 
of phonograms (except those phonograms falling within any of the five items of Article 8 of the new 
Law) offered by the producers of phonograms who are nationals of any of the members of the 
World Trade Organization (except those nationals of any of the Contracting States of the 
Convention International Convention for the Protection of Performers, Producers of Phonograms 
and Broadcasting Organizations or of the Phonograms Convention( "those nationals" includes 
legal persons established under the law of such State and those who have their principal offices in 
such State» and in relation to which twenty years from the year following the date of the first 
fixation of sounds on the matrices have passed before the enforcement of the Law for Partial 
Amendments to the Copyright Law (Law No.87, of 1988). 