Copyright Law of Japan

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    Chapter V Compensation for Private Recording
    (Exercise of the right to claim compensation for private recording)
    Article 104bis.
    (1) Where there is an association, which is established for the purpose of exercising th 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 claim compensation for private recording shall be exercised exclusively through the intermediary of the designated association:
    (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").
    (2) The designated association 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 104ter.
    The Commissioner of the Agency for Cultural Affairs shall designate only such an association as satisfies the following conditions:
    (i) that it is a general corporation 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 visual 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 104octies, paragraph (1); hereinafter in this Chapter referred to as "the business related to compensation") on behalf of the owners of the right.

    (Exceptional provisions for the payment of compensation for private recording)
    Article 104quater.
    (1) Any purchaser of a recording machine or a recording medium which is specified by Cabinet Order in accordance with the provision of Article 30, paragraph (2) (hereinafter in this Chapter referred to as "a 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 104sexies, paragraph (1).
    (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 104sexies.
    (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 preceding paragraph is given, the amount of compensation for private recording shall, notwithstanding the provision of Article 30, paragraph (2), be that as approved.
    (3) Before applying for such approval, the designated association shall consult with associations 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 30, paragraph (1) (including the case where its application mutatis mutandis is provided for under the provision of Article 102, paragraph (1) ) and Article 104quater, 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 Culture Council.

    (Rules on the conduct of the business related to compensation)
    Article 104septies.
    (1) When initiating the business related to compensation, the designated association shall establish rules on the conduct of such business and report those rules to the Commissioner of the Agency for Cultural Affairs. The same shall apply when the designated 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 with 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 104octies.
    (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 Culture 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 104novies.
    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 conduct of the business related to compensation when it is deemed necessary for assuring the proper conduct of such business.

    (Mandate to Cabinet Order)
    Article 104decies.
    Other than those provided for in this Chapter, necessary matters with respect to the designated association and the business related to compensation shall be provided by Cabinet Order.

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