Copyright Law of Japan

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    Chapter III Right of Publication
    (Establishment of the right of publication)
    Article 79.
    (1) The owner of the right mentioned in Article 21 or Article 23, paragraph (1) (hereinafter in this Chapter referred to as "the holder of reproduction right, etc.") may establish the right of publication in favour of a person who undertakes to publish the work in a writing or a printing. (“to publish the work in a writing or a printing” includes to record the work on a memory by means with the aid of a computer for indicating on its display a writing or a printing and to distribute copies of such work recorded on such memory; in next Article, paragraph (2) and Article 81, item (i), referred to as an “act of publication”) or to transmit publicly copies of such work recorded on a memory by such means (“to transmit publicly” excludes broadcasting or wire diffusion, and includes the making transmittable in the case of the interactive transmission; the same shall apply hereinafter in this Chapter) (in next Article, paragraph (2) and Article 81, item (ii), referred to as an “act of publication”)
    (2) The holder of reproduction right, etc. may establish the right of publication only with the authorization of the pledgee if the right of pledge is established on the reproduction right or the public transmission 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 all or any of the following exclusive rights in relation to the work on which the right of publication is established:
    (i) the exclusive right to reproduce the original text of such work in a writing or printing by means of typography or other mechanical or chemical processes for the purpose of distribution ( including the exclusive right to reproduce the original text of such work on electro-magnetic records stored on a memory by means mentioned in the preceding Article, paragraph (1));
    (ii) the exclusive right to transmit publicly copies of the original text of such work stored on a memory by means mentioned in the preceding Article, paragraph(1).
    (2) If the author of the work dies within the duration of the right of publication or, after three years have passed from the first act of publication or of public transmission ( in Article 83, paragraph (2) and Article 84, paragraph (3), referred to as an “act of publication, etc.”) following the establishment of the right of publication, unless otherwise stipulated in the contract of establishment, the holder of reproduction right, etc. may, notwithstanding the provisions of the preceding paragraph, reproduce the work in a complete collection of works or other compilations comprising only the works of the same author or transmit the work publicly.
    (3) The owner of the right of publication may , only with the authorization of the holder of reprodution right, etc., authorize any third party to reproduce or to transmit publicly the work on which the right of publication is established.
    (4) The provisions of Article 63, paragraphs (2), (3) and (5) shall apply mutatis mutandis in the preceding paragraph. In this case, “the copyright owner” in that Article, paragraph (3) shall read “the holder of reproduction right, etc. and the owner of the right of publication mentioned in Article 79, paragraph (1)”, and “ Article 23, paragraph (1)” in that Article, paragraph (5) shall read “ Article 80, paragraph (1) ( only the part concerned with item (ii)).

    (Obligation of publication)
    Article 81.
    Unless otherwise stipulated in the contract of establishment, the owner of the right of publication shall, with respect to the work on which the right of publication is established, have the obligations mentioned in any of the following items concerned, as follows:
    (i) the owner of the right of publication concerned with the right mentioned in the preceding Article, paragraph (1), item (i) ( in next Article, referred to as “the owner of the right of publication in item (i)"): any of the following obligations: (a) to do the act of publication, with respect to such work, within a period of six months after the date when such owner received, from the holder of reproduction right, etc., manuscripts or other originals or those corresponding thereto or electro-magnetic records of such work which are necessary for the reproduction of such work; and (b) to do the act of publication, with respect to such work, continuously in conformity with business practice.
    (ii) the owner of the right of publication concerned with the right mentioned in the preceding Article, paragraph (1), item (ii) ( in next Article, paragraph (1), item (ii), referred to as “the owner of the right of publication in item (ii)): any of the following obligations: (a) to do the act of public transmission, with respect to such work, within a period of six months after the date when such owner received, from the holder of reproduction right, etc., manuscripts or other originals or those corresponding thereto or electro-magnetic records of such work which are necessary for the public transmission of such work; (b) to do the act of public transmission, with respect to such work, continuously in conformity with business practice.

    (Alterations, additions or deletions in works)
    Article 82.
    (1) The author may make alterations, additions or deletions in his work to the extent justified, in any of the following cases:
    (i) where the owner of the right of publication in item (i) reproduces that work again;
    (ii) where the owner of the right of publication in item (ii) transmits that work publicly.
    (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 in item (i) 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 stipulated by the contract of establishment.
    (2) The right of publication shall expire at the end of a period of three years from the first act of publication, etc. after the establishment of the right, unless otherwise stipulated in the contract of establishment.

    (Request to terminate the right of publication)
    Article 84.
    (1) When the owner of the right of publication has not discharged his obligation mentioned in Article 81, item (i)(only the part concerned with (a)) or item (ii)(only the part concerned with (a)), the holder of reproduction right, etc. may terminate the right of publication concerned with the right mentioned in Article 80, paragraph (1), item (i) or (ii) by notifying the owner thereof.
    (2) When the owner of the right of publication has not discharged his obligation mentioned in Article 81, item (i)(only the part concerned with (b)) or item (ii)(only the part concerned with (b)), the holder of reproduction right, etc. may terminate the right of publication concerned with the right mentioned in Article 80, paragraph (1), item(i) or (ii) by notifying the owner thereof, provided that the holder of reproduction right, etc. 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 holds the reproduction right, etc. in his work differs from the content of the work, he may terminate the right of publication by notifying the owner of the right of publication in order to halt forever the act of publication of the work, provided that he makes compensation in advance for damages usually caused to the owner of the right of publication by such termination.

    (Distribution of copies of a work after the termination of the right of publication)
    Article 85. Deleted.

    (Limitation on the right of publication)
    Article 86.
    (1) The provisions of Article 30, paragraph (1) (except item (iii); the same shall apply in next paragraph), Article 30bis, paragraph(2), Article 30ter, Article 31, paragraph (1) and the second sentence of paragraph(3), Article 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 33bis, paragraphs (1) and (4), Article 34, paragraph (1), Article 35, paragraph (1), Article 36, paragraph (1), Article 37, Article 37bis, Article 39, paragraph (1), Article 40, paragraphs (1) and (2), and Articles 41 to 42bis, Article 42ter, paragraph(2) and Articles 46 to 47bis shall apply mutatis mutandis to the reproduction of works on which the right of publication is established. In these cases, "the copyright owner" in Article 30bis, paragraph(2), Article 30ter, Article 35, paragraph (1), Article 42, paragraph (1) and Article 47bis shall read "the owner of the right of publication".
    (2) The distribution and the making available to the public of copies of works reproduced in accordance with the provisions of Article 30, paragraph (1), Article 30ter, Article 31, paragraph (1), item (i) and the second sentence of paragraph(3), Article 33bis, paragraph (1) or (4), Article 35, paragraph (1), Article 37, paragraph (3), the first sentence of Article 37bis (in the case concerned with item (ii) of this Article, that item), Articles 41, to 42bis, Article 42ter, paragraph(2) or Article 47bis which shall apply mutatis mutandis in the preceding paragraph, for purposes other than those mentioned in these provisions, shall be considered to constitute the reproduction as mentioned in Article 80, paragraph (1), item (i).
    (3) The provisions of Article 30bis, paragraph (2), Article 30ter, the first sentence of Article 31, paragraph (3), Article 32, paragraph (1), Article 33bis, paragraph (4), Article 35, paragraph (2), Article 36, paragraph (1), Article 37, paragraphs (2) and (3), Article 37bis (except item (ii)), Article 40, paragraph (1), Article 41, Article 42bis, Article 42ter, paragraph (2), Article 46, Article 47bis and Article 47sexies shall apply mutatis mutandis to the public transmission of the works on which the right of publication is established. In this case, “the copyright owner” in Article 30bis, paragraph (2), Article 30ter, Article 35, paragraph (2), Article 36, paragraph (1) and Article 47bis shall read “the owner of the publication right”, and “copyright” in the proviso to Article 47sexies shall read “the right of publication”.

    (Transfer, etc. of the right of publication)
    Article 87.
    The right of publication may be transferred or pledged in whole or in part only with the authorization of the holder of reproduction right, etc.

    (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 of the public transmission 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 (3)) shall apply mutatis mutandis to the registration mentioned in the preceding paragraph. In this case, "the copyright register" in Article 78, paragraphs (1), (2), (4), (8) and (9) shall read "the register of the right of publication".

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