わかる!著作権

Exception of copyright-4

Copy-chan, what are you muttering?
I'm doing a volunteer reading session as charity soon, so I’m practicing.
What kind of things do you do there?
I’m going to read a picture book called the Souzai-Pan Man to them. The children love this book.
Huh? But isn’t that kind of action not permitted by copyright?
Well, there are a lot of reading sessions at libraries aren’t there? Libraries all over Japan don’t break copyright do they?
Well, you do have a point.
Reading sessions at libraries and Copy-chan’s charity are both permitted by the Copyright act.  Under Article 38 of the copyright act, if the work is being used without the objective of profit, doesn’t tske money from it’s audience, and doesn’t pay it’s performers, they are allowed to use the work freely. In this situation, Copy-chan is not looking for any money, so she is not looking for profit. This allows her to use the picture book without permission.
(Stage performances, etc. for non-commercial purposes)
Article 38 (1) It is permissible to publicly give a stage performance or a musical performance, make an on-screen presentation, or give a recitation of a work that has been made public, if this is done for non-commercial purposes and without charging a fee to the listening or viewing audience (a feemeaning anything of value received in exchange for offering orpresenting the work to the public, regardless of what it is called; the same applies hereinafter in this Article); provided, however, that this does not apply if a performer or reciter is paid any remuneration for the stage performance, musical performance, on-screen presentation, or recitation.
(2) It is permissible to cablecast a broadcast work or to transmit such a work via automatic public transmission (this includes theautomatic public transmission of a broadcast work that is made available for transmission by the data for it being input to an automatic public transmission server that is connected with a public telecommunications network) for non-commercial purposes and without charging a fee to the listening or viewing audience, with the objective of allowing an exclusive audiencewithin the service area that the broadcast is intended for to receive that broadcast.
(3) It is permissible to publicly communicate a broadcast orcablecast work (including a broadcast work that is transmitted via automatic public transmission) through a receiver for non-commercial purposes and without charging a fee to the listeningor viewing audience. The same applies if the work is communicated publicly through receivers of a kind commonly used in private homes.
(4) It is permissible to offer a work that has been made public to the public (except a cinematographic work) by renting out copies of that work (if the work is one that has been reproduced in a cinematographic work, this excludes offering that work to the public by renting out copies of the cinematographic work), if this is done for non-commercial purposes and without charging a fee to persons renting copies of the work.
(5) An audiovisual education facility or any other facility(excluding one set in place for commercial purposes), designated by Cabinet Order, that aims to offer cinematographic films and other audiovisual materials for public use, or a personprovided for by Cabinet Order that is referred to in the preceding Article and that is engaged in an undertaking related to the welfare of persons with hearing impairments, etc. (limited to a person concerned with item (ii) of that Article, andexcluding a person that engages in that undertaking for commercial purposes) may distribute a cinematographic workthat has been made public, by renting out copies of it, if it does so without charging a fee to the persons renting copies of thework. In this, the person distributing the work must pay a reasonable amount of compensation to the owner of the right set forth in Article 26 (including paying such compensation to the person that, pursuant to the provisions of Article 28, owns the same right to the relevant work as the right set forth in Article 26) for the cinematographic work or the work reproduced in that cinematographic work.