Copyright Law of Japan

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    Chapter IV Neighboring Rights

    Section 1 General Rules

    (Neighboring rights)
    Article 89.
    (1) Performers shall enjoy the rights mentioned in Article 90bis, paragraph (1) and Article 90ter, paragraph (1) (hereinafter referred to as "moral rights of performers") and the rights mentioned in Article 91, paragraph (1), Article 92, paragraph (1), Article 92bis, paragraph (1) and Article 95bis, paragraph (1) and Article 95ter, paragraph (1) as well as the right to remuneration mentioned in Article 94bis and Article 95ter, paragraph (3) and the right to secondary use fees mentioned in Article 95, paragraph (1).
    (2) Producers of phonograms shall enjoy the rights mentioned in Articles 96 and 96bis and Article 97bis, paragraph (1) and Article 97ter, 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 97ter, 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 100bis to 100quinquies.
    (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 moral rights of performers as well as the right to remuneration and the right to secondary use fees referred to in paragraphs (1) and (2)) shall be called "neighboring rights".

    (Relationship with the rights of authors)
    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 determining the indication of the performer's name)
    Article 90bis.
    (1) The performer shall have the right to determine whether his name, his stage name or any other alternative to his name should be indicated or not, as the name of the performer, when his performances are offered to or made available to the public.
    (2) In the absence of any declaration of the intention of the performer to the contrary, a person using his performances may indicate the name of the performer in the same manner as that already adopted by the performer.
    (3) It shall be permissible to omit the name of the performer where it is found that there is no risk of damage to the interests of the performer in his claim to be identified as the performer of his performances in the light of the purpose and the manner of exploiting his performances or where it is found that such omission is compatible with fair practice.
    (4)The provisions of paragraph (1) shall not apply in any of the following cases:
    (i) where the name of the performer is indicated in the same manner as that already adopted by the performer when his performances are offered to or made available to the public by the head of a government organization, by an independent administrative organ, etc. or by an organ of a local public entity or a local independent administrative organ in accordance with the provisions of the Government Organizations Information Disclosure Law, the Independent Administrative Organs, etc. Information Disclosure Law or the Information Disclosure Regulations;
    (ii) where the name of the performer is to be omitted when his performances are offered to or made available to the public by the head of a government organization, by an independent administrative organ, etc. or by an organ of a local public entity or a local independent administrative organ in accordance with the provisions of Article 6, paragraph (2) of the Government Organizations Information Disclosure Law, the provisions of Article 6, paragraph (2) of the Independent Administrative Organs, etc. Information Disclosure Law or the provisions of the Information Disclosure Regulations equivalent to those of Article 6, paragraph (2) of the former Law;
    (iii) where the name of the performer is indicated in the same manner as that already adopted by the performer when his performances are offered to or made available to the public by the Head of the National Archives, etc. or by the head of the local archives, etc. in accordance with the provisions of Article 16, paragraph (1) of the Official Documents Preservation Law or such provisions of the Official Documents Preservation Regulations as are equivalent to those of that paragraph.

    (Right of preserving the integrity)
    Article 90ter.
    (1)The performer shall have the right to preserve the integrity of his performances against any distortion, mutilation or other modification of them that would be prejudicial to his honor or reputation.
    (2) The provisions of the preceding paragraph shall not apply to modifications deemed unavoidable in the light of the nature of performances as well as the purpose and manner of exploiting them or those deemed compatible with fair practice.

    (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 provisions 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 , 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 diffusion)
    Article 92.
    (1) Performers shall have the exclusive rights to broadcast and to diffuse 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 diffusion 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.

    (Right of making transmittable)
    Article 92bis.
    (1) Performers shall have the exclusive right to make their performances transmittable.
    (2) The provision of the preceding paragraph shall not apply to the following:
    (i) performances incorporated in visual recordings with the authorization of the owner of the right mentioned in Article 91, paragraph(1);
    (ii) performances mentioned in Article 91, paragraph(2) 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 Article 92, paragraph (1),may make sound or visual recordings of such performances for broadcasting purposes, provided that the contract has no stipulation 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 for 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 within the preceding item), by another broadcasting organization which has been offered by the authorized broadcasting organization programs incorporating authorized performances, of such performances.
    (2) When 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).

    (Wire diffusion of performances broadcast)
    Article 94bis.
    When wire diffusion organizations have diffused by wire performances broadcast (except wire diffusions made for non-profit-making purposes and without charging any fees ("fees" includes any kind of charge to be imposed on the making available of performances to the public; the same shall apply in paragraph (1) of the next Article) to audience or spectators), they shall pay a reasonable amount of remuneration to the performers whose performances (in which neighboring rights subsist and excluding those mentioned in Article 92, paragraph (2), item (ii)) have been so diffused by wire.

    (Secondary use of commercial phonograms)
    Article 95.
    (1) When 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 wire diffusion made simultaneously upon receiving such broadcasts for non-profit-making purposes and without charging any fees to audience or spectators), they shall pay secondary use fees to the performers whose performances (which are mentioned in Article 7, items (i) to (vi) and in which neighboring rights subsist; the same shall apply in the next paragraph to paragraph (4)) have been so broadcast or diffused by wire.
    (2) As far as the Contracting States of the Convention for the Protection of Performers, etc. are concerned, the provisions of the preceding paragraph shall apply to performers whose performances are fixed in phonograms the producers of which are nationals of a country other than that which is a Contracting State of that Convention and which has made a declaration under the provisions of Article 16 (1) (a) (i) 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 in 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 the protection under 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 the protection under the provisions of that paragraph shall be that of the protection provided for in 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) The provisions of paragraph (1) shall apply, within the limits of reservations made, to performers whose performances are fixed in phonograms the producers of which are nationals of a country which is a Contracting Party to the WPPT (but not a Contracting State of the Convention for the Protection of Performers, etc.) and which has made reservations under the provisions of Article 15 (3) of the WPPT.
    (5) Where 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.
    (6) 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 freely join and withdraw;
    (iii) that its members are granted an equal right to vote and to be elected;
    (iv) that it has sufficient 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").
    (7) Such association may not refuse the request of the owners of the right for the exercise of the right on their behalf.
    (8) 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.
    (9) 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 submit account books, documents and other data, or make necessary recommendations for improving in a manner of practising business.
    (10) 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.
    (11) If the agreement mentioned in the preceding paragraph is not reached, the parties concerned may, as provided by Cabinet Order, request the Commissioner of the Agency for Cultural Affairs to issue a ruling fixing an amount of secondary use fees.
    (12) The provisions of Article 70, paragraphs (3), (6) and (8) 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 (3) shall read "the parties concerned", "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 (5)".
    (13) The provisions of the Law 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 (10) and to acts made under it, provided that the trading method is fair and without unreasonable prejudice to the interests of concerned entrepreneurs.
    (14) Other than those provided for in paragraphs (5) to (13), necessary matters in connection with the payment of secondary use fees mentioned in paragraph (1) and the association mentioned in paragraph (5) shall be provided by Cabinet Order.

    (Right of transfer of ownership)
    Article 95bis.
    (1) Performers shall have the exclusive right to offer their performances to the public by transfer of ownership of sound or visual recordings of their performances.
    (2) The provisions of the preceding paragraph shall not apply to the follow1ng:
    (i) performances incorporated in visual recordings with the authorization of a person who has the right mentioned in Article 91, paragraph (1);
    (ii) performances mentioned in Article 91, paragraph (2) and incorporated in recordings other than those mentioned in that paragraph.
    (3) The provision of paragraph (1) shall not apply in the case of transfer of ownership of sound or visual recordings of performances (except those mentioned in items (i) and (ii) of the preceding paragraph; the same shall apply hereinafter in this Article) which falls within any of the following items:
    (i) sound or visual recordings of performances the ownership of which has been transferred to the public by a person who has the right mentioned in paragraph (1) or with the authorization of such person;
    (ii) sound or visual recordings of performances the ownership of which has been transferred to the public under a license mentioned in Article 67, paragraph (1), which shall apply mutatis mutandis in Article 103;
    (iii) sound or visual recordings of performances the ownership of which has been transferred to the public in accordance with the provisions of Article 67bis, paragraph (1), which shall apply mutatis mutandis in Article 103;
    (iv) sound or visual recordings of performances the ownership of which has been transferred to a small number of specific persons by a person who has the right mentioned in paragraph (1) or with the authorization of such person;
    (v) sound or visual recordings of performances the ownership of which has been transferred, outside this country, without prejudice to the right equivalent to that mentioned in paragraph (1), or by a person who has the right equivalent to that mentioned in that paragraph or with the authorization of such person.

    (Right of lending, etc.)
    Article 95ter.
    (1) Performers shall have the exclusive right to offer their performances to the public by lending commercial phonograms incorporating their performances.
    (2) The provisions of the preceding paragraph shall not apply to the lending of commercial phonograms going beyond a period as provided 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) When those who engage in the business of lending commercial phonograms to the public (hereinafter referred to as "commercial phonograms lenders") have offered performances to the public by lending commercial phonograms going beyond the period, they shall pay a reasonable amount of remuneration to the performers whose performances (in which neighboring rights subsist) are incorporated in such phonograms.
    (4) The provisions of Article 95, paragraphs (5) to (14) shall apply mutatis mutandis to the right to remuneration mentioned in the preceding paragraph. In this case, "broadcasting organizations, etc." in paragraph (10) of the same Article and "broadcasting organizations, etc. mentioned in Article 95, paragraph (1)" in paragraph (12) of the same Article shall read "commercial phonograms lenders mentioned in Article 95ter, paragraph (3)."
    (5) The right to royalty with respect to the authorization given by owners of the right mentioned in paragraph (1) may be exercised through the intermediary of the association, mentioned in Article 95, paragraph (5) which shall apply mutatis mutandis in the preceding paragraph.
    (6) The provisions of Article 95, paragraphs (7) to (14) shall apply mutatis mutandis in the preceding paragraph. In this case, the provision of 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 exclusive right to reproduce their phonograms.

    (Right of making transmittable)
    Article 96bis.
    Producers of phonograms shall have the exclusive right to make their phonograms transmittable.

    (Secondary use of commercial phonograms)
    Article 97.
    (1) When broadcasting organizations, etc. have broadcast or diffused by wire commercial phonograms (except wire diffusion made simultaneously upon receiving such broadcasts for non-profit-making purposes and without charging any fees ("fees" includes any kind of charge to be imposed on the making available of sounds of phonograms to the public) to audience or spectators), they shall pay secondary use fees to the producers whose phonograms (which are mentioned in Article 8, items (i) to (iv) and in which neighboring rights subsist) have been so broadcast or diffused by wire.
    (2) The provisions of Article 95, paragraphs (2) and (4) shall apply mutatis mutandis to the producers of phonograms mentioned 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) to (4) of the same Article shall read "producers of phonograms who are nationals", and "that for which performers are granted the protection" in paragraph (3) of the same Article shall read "that for which producers of phonograms are granted the protection".
    (3) Where 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 (6) to (14) shall apply mutatis mutandis to secondary use fees mentioned in paragraph (1) and to the association mentioned in the preceding paragraph.

    (Right of transfer of ownership)
    Article 97bis.
    (1) Producers of phonograms shall have the exclusive right to offer their phonograms to the public by transfer of ownership of copies of their phonograms.
    (2) The provision of the preceding paragraph shall not apply in the case of transfer of ownership of copies of phonograms which falls within any of the following items:
    (i) copies of phonograms the ownership of which has been transferred to the public by a person who has the right mentioned in the preceding paragraph or with the authorization of such person;
    (ii) copies of phonograms the ownership of which has been transferred to the public under a license mentioned in Article 67, paragraph (1), which shall apply mutatis mutandis in Article 103;
    (iii) copies of phonograms the ownership of which has been transferred to the public in accordance with the provisions of Article 67bis, paragraph (1), which shall apply mutatis mutandis in Article 103;
    (iv) copies of phonograms the ownership of which has been transferred to a small number of specific persons by a person who has the right mentioned in the preceding paragraph or with the authorization of such person;
    (v) copies of phonograms the ownership of which has been transferred, outside this country, without prejudice to the right equivalent to that mentioned in the preceding paragraph, or by a person who has the right equivalent to that mentioned in that paragraph or with the authorization of such person.

    (Right of lending, etc.)
    Article 97ter. (1) Producers of phonograms shall have the exclusive right to offer their phongrams to the public by lending commercial phonograms in which their phonograms are reproduced.
    (2) The provisions of the preceding paragraph shall not apply to the lending of commercial phonograms going beyond the period.
    (3) When 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 provisions of Article 97, 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 (6) to (14) shall apply mutatis mutandis to the remuneration mentioned in paragraph (3) of this Article and to associations mentioned in Article 97, paragraph (3) which shall apply mutatis mutandis in the preceding paragraph. In this case, the provision of the first sentence of Article 95ter, paragraph (4) shall apply mutatis mutandis.
    (6) The right to royalty with respect to the 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 Article 97, 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 (6)" in paragraph (5) shall read "Article 95, paragraph (7)."

    Section 4 Rights of Broadcasting Organizations

    (Right of reproduction)
    Article 98.
    Broadcasting organizations shall have the exclusive rights to make sound 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 broadcasts.
    (2) The provisions of the preceding paragraph shall not apply to such wire diffusion from the broadcasts as is made by a person who is required to do so under the provisions of laws and regulations.

    (Right of making transmittable)
    Article 99bis.
    (1) Broadcasting organizations shall have the exclusive right to make transmittable their broadcasts or those diffused by wire from such broadcasts.
    (2)The provisions of the preceding paragraph shall not apply to the making transmittable of such interactive transmission from the broadcasts as 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 right 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

    (Right of reproduction)
    Article 100bis.
    Wire diffusion organizations shall have the exclusive rights to make sound or 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 100ter.
    Wire diffusion organizations shall have the exclusive rights to broadcast and to rediffuse by wire their wire diffusions.

    (Right of making transmittable)
    Article 100quater.
    Wire diffusion organizations shall have the exclusive right to make their wire diffusions transmittable.

    (Right of communication of wire television diffusions)
    Article 100quinquies.
    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 Term of Protection

    (Term of protection for performances, phonograms, broadcasts and wire diffusions)
    Article 101.
    (1) The duration of neighboring rights shall begin with the following date:
    (i) when the performance took place, for performances;
    (ii) when the first fixation of sounds was made, for phonograms;
    (iii) when the broadcast took place, for broadcasts;
    (iv) when the wire diffusion took place, for wire diffusions.
    (2) The duration of neighboring rights 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 publishing was made or when the first fixation of sounds was made if the publishing has not been made within a period of fifty years following the first fixation of sounds;
    (iii)when the broadcast took place, for broadcasts;
    (iv)when the wire diffusion took place, for wire diffusions.

    Section 7 Inalienability of Moral Rights, etc. of Performers

    (Inalienability of moral rights of performers)
    Article 101bis.
    Moral rights of the performer shall be exclusively personal to him and inalienable.

    (Protection of the moral interests after the performer's death)
    Article 101ter.
    Even after the death of the performer, no person who offers or makes available performances to the public may commit an act which would be prejudicial to the moral rights of the performer if he were alive; provided, however, that such act is permitted if it is deemed not to be against the will of the performer in the light of the nature and extent of the act as well as a change in social situation and other conditions.

    Section 8 Limitations, Transfer, Exercise and Registration of the Rights

    (Limitations on neighboring rights)
    Article 102.
    (1) The provisions of Article 30, paragraph (1), Articles 30bis to 32, Articles35 and 36, Article 37, paragraph (3), Article 37bis (except item (i) ; the same shall apply in next paragraph), Article 38, paragraphs (2) and (4), and Articles 41 to 42quater, Articles 44 (except paragraph (2)) and Articles 47quater to 47novies 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) and Article 47decies 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 100ter", and "Article 23, paragraph (1)" in Article 44, paragraph (2) shall read "Article 92, paragraph (1) or Article 100ter".
    (2) Where reproduction is made of performances, phonograms, sounds or images of broadcasts or wire diffusions (hereinafter referred to as "performances, etc.") in accordance with the provisions of Article32, Article 37, paragraph (3), Article 37bis, Article 42, or next paragraph or paragraph (4) which apply 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) In the case where it is permissible to reproduce works, already reproduced in a school textbook, under the provisions of Article 33bis, paragraph (1), it shall also be permissible to reproduce performances recorded in a sound recording made in accordance with the provisions of that paragraph or phonograms concerned with such recording, or make available to the public such performances or phonograms by means of the transfer of ownership of their copies, for purposes mentioned in that paragraph.
    (4) In the case where, for a person, designated by Cabinet Order mentioned in Article 37, paragraph (3), who does activities for the welfare of the visually handicapped, etc., it is permissible to reproduce visual works under the provisions of that paragraph, it shall also be permissible to reproduce performance recorded in a sound recording made in accordance with the provisions of that paragraph or phonograms concerned wit such recording, or make transmittable such performances or phonograms, or make available to the public such performances or phonograms by means of the transfer of ownership of their copies, for purposes mentioned in that paragraph.
    (5) Performances, which are the subject matter of neighboring rights and which have been broadcast, may be made transmittable (only by means of inputting information to an interactive transmission server already connected with telecommunication networks for public use ), exclusively for the purpose of reception within service areas intended for by such broadcasting, except in the case where such making transmittable is to prejudice the right of the owner of the right mentioned in Article 99bis, paragraph (1) with respect to such broadcasts.
    (6) Those who make performances transmittable under the provisions of the preceding paragraph shall pay a reasonable amount of remuneration to the owner of the right mentioned in Article 92bis, paragraph (1) with respect to such performances, except in the case where the provisions of Article 38, paragraph (2) which apply mutatis mutandis in paragraph (1) of this Article shall be applicable.
    (7) The provisions of the preceding two paragraphs shall apply mutatis mutandis to the exploitation of phonograms which are the subject matter of neighboring rights. In this case, "Article 92bis, paragraph (1)" in the preceding paragraph shall read "Article 96bis."
    (8) 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 upon receiving them, to communicate them to the public by means of a special instrument for enlarging images, and to make transmittable (only by means of inputting information to an interactive transmission server already connected with telecommunication networks for public use) the broadcasts of such works simultaneously upon receiving them, exclusively for the purpose of reception within service areas intended for by such broadcasting.
    (9) The following acts shall be considered to constitute the making of sound or visual recordings or the reproduction as mentioned 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 30ter, Article 31, paragraph (1), item (i) or the second sentence of paragraph(3), Article 35, paragraph (1), Article 37, paragraph (3), Article 37bis, item (ii), Article 41 to 42ter, Article 42quater, paragraph (2), Article 44, paragraph (1) or (2) or Article 47sexies 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 wire diffusion organizations of sound or visual recordings in violation of the provisions of Article 44, paragraph (3) which apply mutatis mutandis in paragraph (1) of this Article.
    (iii) the distribution of copies of performances, etc. recorded temporarily on a memory other than a built-in memory mentioned in Article 47quater, paragraph (1) or (2) in accordance with the provisions of that paragraph, which apply mutatis mutandis in paragraph (1) of this Article, and the making available to the public, of such performances, of sounds of such phonograms, or of sounds or images of such broadcasts or wire diffusions, by the use of these copies;
    (iv) the preservation of copies mentioned in Article 47quater, paragraph (3) or Article 47quinquies, paragraph (3) in violation of these provisions, which apply mutatis mutandis in paragraph (1) of this Article.
    (v) the exploitation of performances, etc. by using their copies made in accordance with the provisions of Article 30quater, Article 47quinquies, paragraph (1) or (2), Article 47septies or Article 47novies, which shall apply mutatis mutandis in paragraph (1), for purposes other than those mentioned in these provisions;
    (vi) the making transmittable of performance, etc. by using their copies made in accordance with the provisions of the proviso to Article 47sexies, which shall apply mutatis mutandis in paragraph (1), in violation of such provisions;
    (vii) the exploitation of performances, etc. by using their copies made in accordance with the provisions of Article 47octies, which shall apply mutatis mutandis in paragraph (1), instead of using copies, mentioned in that Article, of such performance, etc., or by using such copies without reception of a transmission, mentioned in that Article, of such performances, etc. (in the case of an automatic transmission made in response to a demand from a receiver, reception of such transmission or a similar act designated by Cabinet Order);
    (viii) the distribution of copies, of a performance or a phonogram, made in accordance with the provisions of paragraph (3) or (4), or the making available to the public of sound of such performance or phonogram by using such copies, for purposes other than those mentioned in Article 33bis, paragraph (1) or Article 37, paragraph (3).

    (Relationship with moral rights of performers)
    Article 102bis.
    No provisions of the preceding Article relating to limitations on neighboring rights (except the provisions of paragraphs (7) and (8) of that Article) may be interpreted as affecting the protection of the moral rights of performers.

    (Transfer, exercise, etc. of neighboring rights)
    Article 103.
    The provisions of Article 61, paragraph (1) shall apply mutatis mutandis to the transfer of neighboring rights, the provisions 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 provisions 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 and the provisions of Article 67, Article 67bis (except the proviso to paragraph (1)), Article 70 (except paragraphs (3) and (4)), Articles 71 to 73, and Article 74, paragraphs (3) and (4) shall apply mutatis mutandis to the exploitation of performances, phonograms, broadcasts or wire diffusions in the case where the owners of neighboring rights can not be found. In this case, "Article 23, paragraph (1)" in Article 63, paragraph (5) shall read "Article 92bis, paragraph (1) , Article 96bis, Article 99bis, paragraph (1) or Article 100quater, and "the preceding paragraph" in Article 70, paragraph (5) shall read "Article 67, paragraph (1), which shall apply mutatis mutandis in Article 103".

    (Registration of neighboring rights)
    Article 104.
    The provisions of Articles 77 and 78 (except paragraph (3))shall apply mutatis mutandis to the registration of neighboring rights. In this case, "the copyright register" in paragraphs (1), (2), (4), (8) and (9) of the latter Article shall read "the register of neighboring rights".

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