わかる!著作権

Exceptions of copyright-7

We have learned about the various exceptions that are included in the Copyright act for the past 6 pages. Still, there are many other exceptions within the act that we could not fully cover in these last 6 pages. These exceptions can be read in subsection 5 of the copyright act where they are explained to the length of 21 articles. if you are interested, please have a read.
Now, the next few pages will be about the author’s moral rights. Please keep in mind that the exceptions that we have talked about for the last 6 pages are all talkng about copyright and not the author’s moral rights.
Article 30 (1) Except in the following cases, a user mayreproduce a work that is subject to copyright (hereinafter in this Subsection referred to as a "work") if the reproduction is for personal or family use or for any other use of a similarly limited scope (hereinafter referred to as "private use"):
(i) a user reproduces a work by means of an automated duplicator (meaning a device with a function for making reproductions, of which all or most of the instruments for making the reproductions are automated) that has been set up for use by the public;
(ii) the reproduction of the work has become possible due to the circumvention of technological protection measures (meaning that the removal or alteration (excluding removal oralteration due to technological constraints accompanying theconversion of recording or transmission systems) of thesignals that the technological protection measures use, makes it possible to take an action that the technological protection measures prevent or makes it so that a barrier no longer arises as a result of an action that the technological protection measures deter; the same applies in Article 120-2, items (i) and (ii)) or a barrier to reproduction of the work no longer arises as a result of that circumvention, and the userreproduces the work in the knowledge of this fact;
(iii) the work is received via an automatic public transmissionthat infringes a copyright (including an automatic public transmission that is transmitted abroad and that would constitute a copyright infringement if it were transmitted in Japan), and the user records the sounds or visuals of the workin digital format, in the knowledge of this fact.
(2) A person who, for private use, records the sound or visuals of a work in a digital format, on a digital sound or visual recording medium that is provided for by Cabinet Order, by means of a machine with digital sound or visual recordingfunctions (excluding a machine with special performancecapabilities for use in the broadcasting business or other specialperformance capabilities that are generally not offered for private use, and also excluding a telephone with a sound recording function or any other machine with sound or visual recording functions incidental to its primary function) which is provided for by Cabinet Order shall pay a reasonable amount of compensation to the copyright owner.
(Reproduction in libraries, etc.)
Article 31 (1) In the following cases and as part of non-commercial undertakings at the National Diet Library or at a library or other facility specified by Cabinet Order whose purpose is to offer books, records, and other materials for thepublic to use (hereinafter referred to as a "library, etc." in this paragraph), it is permissible for a person to reproduce a workfrom a book, record, or other material of the library, etc. (hereinafter referred to in this Article as a "library material"):
(i) when providing a single user of the library, etc. with a single copy of a part of a work that has been made public (orthe whole of a work that has been made public, if it is an individual work that has been printed in a periodical and a considerable period of time has elapsed since its publication) in response to the user's request and for the purpose of theuser's research or studies;
(ii) when necessary for the purpose of preserving library materials;
(iii) when providing a copy of library materials that are rarely available through normal trade channels because the materials are out of print or for other similar reasons, in response to a request from another library, etc.
(2) In addition to the cases set forth in the items of the preceding paragraph, if, in order to prevent the loss, damage, ordefacement of the original copy of a library material that theNational Diet Library offers to the public, electronic ormagnetic records (meaning records created in an electronic format, magnetic format, or other format that is impossible to perceive through the human senses alone, and which are used in computer information processing; the same applies in Article33-2, paragraph (4)) are created at the National Diet Library so that they can be offered for public use in place of the originals, it is permissible for a person to record a work that is among thelibrary materials of the National Diet Library onto a recording medium, to the extent considered necessary.
(Quotation)
Article 32 (1) It is permissible to quote from and thereby exploit a work that has been made public. In such a case, thework must be quoted consistent with fair practices and within a scope that is justified by the aim of the news report, critique, study, or other place in which the work is quoted.
(2) It is permissible to reprint public relations materials, research or statistical materials, reports, and other works of a similarcharacter which have been prepared by a national or local government agency, incorporated administrative agency, orlocal incorporated administrative agency with the goal of making them widely known to the general public, and which have been made public under the authorship of such agency, as explanatory materials in a newspaper, magazine, or otherprinted publication; provided, however, that this does not applyif it is expressly indicated that this is prohibited.
(Printing of works in textbooks, etc.)
Article 33 (1) It is permissible to print a work that has been made public in a textbook (meaning a textbook authorized by the Minister of Education, Culture, Sports, Science andTechnology or a textbook under the authorship of the Ministry of Education, Culture, Sports, Science and Technology that is used to educate school-aged children or students in primary schools, junior or senior high schools, or other similar schools; the same applies hereinafter), to the extent that this is found to be necessary for the purpose of school education.
(2) A person that prints a work in a textbook pursuant to theprovisions of the preceding paragraph must inform the author of this and pay compensation to the copyright owner in the amountestablished annually by the Commissioner of the Agency for Cultural Affairs in consideration of the purport of the provisions of the preceding paragraph, the nature and purpose of the work, the ordinary rate of royalties, and other conditions.
(3) When the Commissioner of the Agency for Cultural Affairs has established the amount referred to in the preceding paragraph, the commissioner announces this in the Official Gazette.
(4) The provisions of the preceding three paragraphs apply mutatis mutandis to the reproduction of works in textbooks intended for use in high school correspondence courses (including correspondence courses for the upper-class levels of a school for secondary education) and in the teachers' manuals for textbooks (limited to teachers' manuals published by theperson publishing the textbooks).
(Reproduction in order to prepare a large-print textbook)
Article 33-2 (1) It is permissible to reproduce the works thathave been printed in a textbook by enlarging the letters, illustrations, etc. used in that textbook, or by any other meansnecessary so that the works can be used by school-aged children or students who have difficulty using the works printed in textbooks due to a visual impairment, developmental disorder, or other disability, in order to offer the works to suchschool-aged children or students, for use in their studies.
(2) A person that seeks to prepare textbooks for use in school education or any other copies in which works are reproduced pursuant to the provisions of the preceding paragraph(excluding copies in which the works are reproduced in Braille, and limited to copies in which all of or a considerable part of such works printed in the relevant textbook are reproduced; hereinafter in this paragraph referred to as "large-print textbook, etc.") must inform the person that published therelevant textbook of this in advance, and if the large-print textbook, etc. is distributed commercially, the person seeking to prepare the copies must pay the owners of the copyright to therelevant works compensation in the amount decided annually by the Commissioner of the Agency for Cultural Affairs in proportion to the amount of compensation provided for in paragraph (2) of the preceding Article.
(3) When the Commissioner of the Agency for Cultural Affairs has established the amount referred to in the preceding paragraph, the commissioner announces this in the Official Gazette.
(4) A person that provides electronic or magnetic records of theworks printed in a textbook, pursuant to the provisions of Article 5, paragraph (1) or (2) of the Act to Accelerate theDissemination of School Textbooks, etc. for School-Aged Children and Students with Disabilities (Act No. 81 of 2008), may exploit such works, to the extent that is found to be necessary in order for the person to provide those electronic ormagnetic records.
(Broadcasting, etc. of educational programming for schools)
Article 34 (1) It is permissible for a person to broadcast orcablecast a work that has been made public, in broadcast orcablecast programming for schools that conforms to thecurriculum standards provided for in regulations on school education; to receive a broadcast transmission of suchprogramming and simultaneously transmit it via automatic public transmission (this includes the automatic public transmission of programming that has been made available for transmission by the data for it being input to an automatic public transmission server that is connected with a publictelecommunications network) with the objective of allowing an exclusive audience within the service area that theprogramming is intended for (meaning a service area as provided in Article 2-2, paragraph (2), item (ii) of the Broadcast Act (Act No. 132 of 1950) or, if a service area is not specified for the broadcast, meaning a broadcast area as provided in Article 14, paragraph (3), item (iii) of the Wireless Telegraphy Act (Act No. 131 of 1950); the same applies hereinafter) to receive it; and to print such a work in teaching materials for usewith that broadcast programming or cablecast programming, to the extent that this is found to be necessary for the purpose of school education.
(2) A person that exploits a work pursuant to the provisions of the preceding paragraph must inform the author of this and paythe copyright owner a reasonable amount of compensation.
(Reproduction, etc. in schools and other educational institutions)
Article 35 (1) A person in charge of teaching or a persontaking classes at a school or other educational institution(except one founded for commercial purposes) may reproduce a work that has been made public if and to the extent that it is found to be necessary for the purpose of use in the course of classes; provided, however that this does not apply if thereproduction would unreasonably prejudice the interests of thecopyright owner in light of the nature and purpose of the work, as well as the number of copies and the circumstances of its reproduction.
(2) If, in the course of classes at an educational institutionreferred to in the preceding paragraph, the original or copies of a work that has been made public are offered or presented to persons who directly attend a class and thus exploited, or if such a work is exploited through a stage performance, musical performance, on-screen presentation, or recitation for suchpersons pursuant to the provisions of Article 38, paragraph (1), it is permissible to transmit these to the public (and also to make them available for transmission, if they are to be transmitted to the public via automatic public transmission) for any persons who are taking that class simultaneously at a place other than that where the class is being held; provided, however, that this does not apply if transmitting these to thepublic would unreasonably prejudice the interests of thecopyright owner in light of the nature and purpose of the work, as well as the circumstances of the transmission.
(Reproduction, etc. as examination questions)
Article 36 (1) It is permissible to reproduce a work that has been made public as a question on an entrance examination orother examination or in an official certification of knowledge orskills, to the extent that this is found to be necessary for suchpurpose, and to transmit to the public such a question (except in a broadcast or cablecast; however, it is permissible to make such a question available for transmission, if it is to be transmitted to the public via automatic public transmission; thesame applies in next paragraph); provided, however, that this does not apply if transmitting such a question to the publicwould unreasonably prejudice the interests of the copyrightowner in light of the nature and the purpose of the work as well as the circumstances of the transmission.
(2) A person that reproduces a work or transmits to the public a work for commercial purposes must pay the copyright ownercompensation in an amount that corresponds to the ordinary rate of royalties.
(Reproduction, etc. for persons with visual impairments, etc.)
Article 37 (1) It is permissible to reproduce in Braille a workthat has been made public.
(2) It is permissible to use a computerized Braille processingsystem to record a work that has been made public onto a recording medium or transmit to the public such a work (exceptin a broadcast or cablecast; however, it is permissible to make the work available for transmission, if it is to be transmitted to the public via automatic public transmission).
(3) A person set forth by Cabinet Order that engages in an undertaking related to the welfare of persons with visual impairments and other persons whose perception of visual renderings is impaired (hereinafter in this paragraph and in Article 102, paragraph (4) referred to as "persons with visual impairments, etc.") may reproduce a work that has been made public and that is offered or presented to the public in a rendered form that is perceived visually (including a work thathas been made public and that is offered or presented to thepublic in a form that is perceived both visually and through other senses) (including a work other than the work in questionwhich is reproduced therein or which is offered or presented to the public in a body united with the former work; hereinafter in this paragraph and in Article 102, paragraph (4) referred to as a "visual work"), and may transmit such a visual work via automatic public transmission (including making it available for transmission), with the writing in the visual work changed into sound, or in any other form that is necessary to allow the visual work to be used by persons with visual impairments, etc. who have difficulty in using that visual work in its visual form, within the limits that are found to be necessary in order to provide the visual work for their exclusive use; provided, however, that this does not apply if the visual work has already been offered or presented to the public in such a form by thecopyright owner, a person authorized thereby, or a person in favor of whom the print rights set forth in Article 79 have been established.
(Reproduction, etc. for persons with hearing impairments, etc.)
Article 37-2 The person set forth by Cabinet Order for each typeof exploitation set forth in the following items, that engages in an undertaking related to the welfare of persons with hearingimpairments and other persons whose perception of aural renderings is impaired (hereinafter in this Article and in paragraph (5) of next Article referred to as "persons with hearing impairments, etc.") may exploit a work that has been made public and that is offered or presented to the public in a rendered form that is perceived aurally (including a work thathas been made public and that is offered or presented to thepublic in a form that is perceived both aurally and through othersenses) (including a work other than the work in question which is reproduced therein, or which is offered or presented to thepublic in a body united with the former work; hereinafter in this Article referred to as an "aural work"), in the way set forth in the relevant item, within the limits that are found to be necessary in order to provide the aural work for exclusive useby persons with hearing impairments, etc. who have difficulty in using that aural work in its aural form; provided, however, that this does not apply if the aural work has already been offered or presented to the public in the necessary form for persons with hearing impairments, etc. to be able to use it, by the copyright owner, a person authorized thereby, or a person in favor of whom the print rights set forth in Article 79 have been established:
(i) reproducing a visual work or transmitting it via automatic public transmission (this includes making it available for transmission), with the sounds in the aural work changed into writing or in any other form that is necessary to allow thework to be used by persons with hearing impairments, etc.;
(ii) reproducing the work solely for the purpose of offering it for rental to persons with hearing impairments, etc. (limited towhen this is done together with the sounds in the aural workbeing changed into writing or together with the reproductionof its sounds in any other form that is necessary to allow theaural work to be used by persons with hearing impairments, etc.).
(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 theperson that, pursuant to the provisions of Article 28, owns thesame right to the relevant work as the right set forth in Article26) for the cinematographic work or the work reproduced in that cinematographic work.
(Reprinting, etc. of editorial commentary on current topics)
Article 39 (1) It is permissible for a person to reprint, in another newspaper or magazine, editorial commentary (excluding that of an academic nature) on current political, economic, or social topics that has been printed and publishedin a newspaper or magazine, to broadcast or cablecast suchcommentary, or to receive a broadcast transmission of suchcommentary and simultaneously transmit it via automatic public transmission (this includes the automatic public transmission of a broadcast that is made available for transmission by the data for it being input to an automatic public transmission server that is connected with a publictelecommunications network) with the objective of allowing an exclusive audience within the service area that the broadcast is intended for to receive it; provided, however that this does not apply if it is expressly indicated that such use is prohibited.
(2) It is permissible to publicly communicate commentary that is broadcast, cablecast, or transmitted via automatic public transmission pursuant to the provisions of the preceding paragraph, through a receiver.
(Exploitation of political speeches, etc.)
Article 40 (1) It is permissible to exploit a political speech orstatement delivered in public or a public statement given in thecourse of judicial proceedings (including one given in thecourse of a hearing by an administrative agency or otherproceedings equivalent to a trial; the same applies in Article 42, paragraph (1)), in any way, except for by making a compilationof speeches or statements by the same author.
(2) If it is found to be justified from the perspective of an aim to report the news, it is permissible for a person to print in a newspaper or magazine or to broadcast or cablecast a speech orstatement other than one under the provisions of the preceding paragraph, that is delivered in public by a national or local government agency, incorporated administrative agency, orlocal incorporated administrative agency, or to receive a broadcast transmission of such a speech or statement andsimultaneously transmit it via automatic public transmission(this includes the automatic public transmission of a broadcastthat 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) with theobjective of allowing an exclusive audience within the servicearea that the broadcast is intended for to receive it.
(3) It is permissible to publicly communicate a speech orstatement that is broadcast, cablecast, or transmitted via automatic public transmission pursuant to the provisions of the preceding paragraph, through a receiver.
(Reporting of current events)
Article 41 To the extent that it is justified from the perspective of the aim to report the news, if current events are reported in the news by means of photography, cinematography, broadcasting, or other means, it is permissible to reproduce andexploit, in line with the reporting of that event, a work thatcomprises the event or a work seen or heard in the course of theevent.
(Reproduction for judicial proceedings, etc.)
Article 42 (1) It is permissible to reproduce a work if and to the extent that this is found to be necessary for judicial proceedings or for internal use by a legislative or administrative organ; provided, however, that this does not apply if reproducing a work would unreasonably prejudice the interests of the copyright owner in light of the nature and purpose of thework as well as the number of copies and the circumstances of its reproduction.
(2) The provisions of the preceding paragraph also apply if andto the extent that the reproduction of a work is found to be necessary for the following proceedings:
(i) proceedings involved in a patent, industrial design, ortrademark examination, the technical valuation of a utility model, or an international examination or preliminary examination for an international application (meaning international applications provided for in Article 2 of the Act on International Applications, etc. under the Patent Cooperation Treaty (Act No. 30 of 1978) by an administrative agency;
(ii) proceedings involved in an administrative agency's orincorporated administrative agency's examination orinvestigation of pharmaceutical affairs (including an examination of the particulars of medical equipment (meaning medical equipment as provided in Article 2, paragraph (4) of the Pharmaceutical Affairs Act (Act No. 145 of 1960; the same applies hereinafter in this item), orproceedings that involve a report about pharmaceutical affairs submitted to an administrative agency or incorporated administrative agency.
(Exploitation for disclosure pursuant to the Act on Access to Administrative Organs' Information, etc.)
Article 42-2 The head of an administrative organ or an incorporated administrative agency, etc., local government agency, or local incorporated administrative agency may exploit a work in order to offer or present the work to the public, to theextent that this is found to be necessary for disclosing the workby each of the means provided for in Article 14, paragraph (1) of the Act on Access to Administrative Organs' Information (including the provisions of Cabinet Order based on theprovisions of that paragraph), Article 15, paragraph (1) of theAct on Access to Incorporated Administrative Agencies' Information (including means decided by the relevantincorporated administrative agency, etc. based on the provisions of that paragraph (excluding anything other than the meansprovided for by Cabinet Order based on the provisions of Article 14, paragraph (1) of the Act on Access to Administrative Organs' Information)), or Information Disclosure Ordinances (excluding anything other than themeans set forth in Article 14, paragraph (1) of the Act onAccess to Administrative Organs' Information (including theprovisions of Cabinet Order based on the provisions of thatparagraph)).
(Reproduction for collecting Internet materials under the National Diet Library Act)
Article 42-3 (1) The head librarian of the National Diet Library may record a work that is included in the Internet materials set forth in Article 25-3, paragraph (1) of the National Diet Library Act (Act No. 5 of 1948) (hereinafter in this Articlereferred to as "Internet materials") onto a recording mediumused by the National Diet Library, to the extent that this is found to be necessary for collecting such Internet materials pursuant to the provisions of that paragraph.
(2) A person provided for in Article 24 and 24-2 of the National Diet Library Act may reproduce a work that is included in Internet materials, to the extent that this is found to be necessary in order to provide those Internet materials in response to a request under the provisions of Article 25-3, paragraph (3) of that Act.
(Exploitation by means of translation, adaptation, etc.)
Article 43 If it is permissible to exploit a work pursuant to theprovisions set forth in one of the following items, it is also permissible to exploit that work in accordance with theprovisions set forth in that item by the means set forth in thatitem:
(i) Article 30, paragraph (1); Article 33, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph(4) of the same Article); Article 34, paragraph (1); and Article35: translation, musical arrangement, reformulation, andadaptation;
(ii) Article 31, paragraph (1), item (i); Article 32; Article 36; Article 37, paragraph (1) or (2); Article 39, paragraph (1); Article 40, paragraph (2); Article 41; or Article 42: translation;
(iii) Article 33-2, paragraph (1): reformulation andadaptation;
(iv) Article 37, paragraph (3): translation, reformulation, andadaptation;
(v) Article 37-2: translation and adaptation.
(Ephemeral fixation by a broadcaster, etc.)
Article 44 (1) A broadcaster may make an ephemeral sound orvisual recording of a work that it is able to broadcast without prejudice to the right set forth in Article 23, paragraph (1), for its own broadcasts and by means of its own facilities or those of another broadcaster that is permitted to broadcast the same work.
(2) A cablecaster may make an ephemeral sound or visual recording of a work that it is permitted to cablecast without prejudice to the right set forth in Article 23, paragraph (1), for its own cablecasts (except a cablecast it transmits based on thereceipt of a broadcast) and by means of its own facilities.
(3) It is not permissible to preserve a sound or visual recordingmade pursuant to the provisions of the preceding two paragraphs for a period exceeding six months after therecording (or six months after the broadcast or cablecast, if therecording is broadcast or cablecast within the period of six months after the recording); provided, however, that this does not apply if a recording is preserved in official archives pursuant to Cabinet Order.
(Exhibition of an artistic work, etc. by the owner of the original) Article 45 (1) The owner of the original copy of an artistic work or photographic work or a person authorized thereby maypublicly exhibit that work. (2) The provisions of the preceding paragraph do not apply if theoriginal copy of an artistic work is permanently installed on a street, at a park, or in any other outdoor location accessible to the public, or on the outer wall of a building or other place easily seen by the public.
(Exploitation of an artistic work, etc. on public display) Article 46 It is permissible to exploit an artistic work theoriginal copy of which is permanently installed in an outdoor location as provided for in paragraph (2) of the preceding Article or an architectural work, in any way whatsoever exceptthe following: (i) producing additional copies of a sculpture or offering suchadditional copies of the sculpture to the public by transferring them; (ii) reproducing an architectural work by means of construction, or offering copies of an architectural work so reproduced to the public by transferring them; (iii) reproducing a work in order to permanently install it in an outdoor location as provided for in paragraph (2) of the preceding Article; (iv) reproducing an artistic work for the purpose of selling copies of it, or selling such copies. (Reproduction in connection with the exhibition of an artistic work, etc.)
Article 47 A person that, without prejudice to the right provided for in Article 25, publicly exhibits the original copy of an artistic work or photographic work, may print such work in pamphlets for the purpose of explaining or introducing the workto persons viewing it. (Reproduction, etc. in connection with an offer to transfer, etc. an artistic work, etc.) Article 47-2 If, without prejudice to the rights set forth in Article26-2, paragraph (1) and Article 26-3, the owner of the originalor a copy of an artistic work or photographic work or any otherperson with the authority to transfer or rent out the original or a copy thereof seeks to transfer or rent out the original or copy of the work, the person with that authority or a personcommissioned thereby may, for use in making the offer to transfer or rent out the original or copy of the work, reproduceor transmit to the public the work (and may make the workavailable for transmission, if it is to be transmitted to the publicvia automatic public transmission) (but the person may do so only if that person takes measures to prevent or deter the copythat is made when the work is reproduced for the offer, from being used to reproduce the work; measures to prevent or deter a person from reproducing the work after receiving it in a transmission to the public; or any other measure designated by Cabinet Order as one that stops the interests of the copyrightowner from being unfairly prejudiced). (Reproduction, etc. by the owner of a copy of a work of computer programming) Article 47-3 (1) The owner of a copy of a work of computerprogramming may reproduce or adapt that work (and mayreproduce a derivative work created by means of adaptation), to the extent that this is found to be necessary in order for theperson to exploit the work on that person's own computer; provided, however, that this is not the case when the provisions of Article 113, paragraph (2) apply to the use that is made of such copies in connection with such exploitation. (2) After the owner of a copy referred to in the preceding paragraph (including copies made pursuant to the provisions of that paragraph) ceases to own one of the copies of the work for reasons other than the destruction thereof, the owner may notpreserve other copies of the work if the copyright owner has not specifically manifested the intention to permit this. (Temporary reproduction for the purpose of maintenance, repair, etc.) Article 47-4 (1) If maintenance or repair will be performed on a duplicator with a built-in recording medium (meaning a device with a function for making reproductions which makes those reproductions after recording onto a recording mediumthat is built into the device (hereinafter in this Article referred to as "built-in recording medium"; the same applies in the next paragraph)), to the extent that it is found to be necessary, worksrecorded on the built-in recording medium may be recorded temporarily on a recording medium other than that built-in recording medium and then recorded on the built-in recording medium after the maintenance or repair. (2) If a duplicator with a built-in recording medium will be exchanged for another device of the same kind due to a manufacturing defect or a fault that arose in the device during the process leading up to its sale, to the extent that it is found to be necessary, works recorded on the built-in recording mediummay be recorded temporarily on a recording medium other than the built-in recording medium, and then recorded on the built-in recording medium of the other device of the same kind. (3) A person that records a work on a recording medium otherthan a built-in recording medium pursuant to the provisions of the preceding two paragraphs may not preserve the copy of thework recorded on that recording medium after the maintenance, repair, or exchange under those provisions. (Reproduction for the prevention, etc. of a difficulty in transmission) Article 47-5 (1) To the extent that it is found to be necessary for the purpose set forth in one of the following items, it is permissible for a person that, in the course of trade, makes available an automatic public transmission server, etc. (meaning an automatic public transmission server or a specified transmission server (a specified transmission server is a devicewith a function that allows it to send specified transmissions of data which is recorded onto the area of its recording media thatis used for specified transmissions (meaning Cabinet-Order-designated transmissions to the public of wireless communications or wired telecommunications other than automatic public transmissions; the same applies hereinafter in this paragraph) (in item (i), this area of the recording media is referred to as the "recording medium for specified transmissions") or that is input into it; the same applies hereinafter in this Article) for other persons to use for automatic public transmissions, etc., to record a work that has been made available for transmission, etc. (meaning that the work has been made available for transmission or subjected to an actionprescribed by Cabinet Order to enable it to be transmitted in a specified transmission; the same applies hereinafter in this Article) via the automatic public transmission server, etc., on the recording medium set forth in the relevant item: (i) to prevent delays in transmission caused by the high concentration of requests for automatic public transmissions, etc. on the automatic public transmission server, etc. or to prevent disturbances in transmission caused by a crash on theautomatic public transmission server, etc.: a recording medium other than the recording medium for publictransmissions, etc. (meaning the recording medium for publictransmissions or the recording medium for specified transmissions; the same applies in next item) used in making the work available for transmission, etc., but which is intended for use in connection with the automatic public transmission, etc. for which the work is made available for transmission, etc.; (ii) to provide it for use in the restoration or recovery of a lost or damaged copy of a work that has been recorded on therecording medium for public transmissions, etc. used in making the work available for transmission, etc.: a recording medium (but not a recording medium for publictransmissions, etc.) other than that recording medium for public transmissions, etc. (2) If a person that, in the course of trade, makes available an automatic public transmission server, etc. for other persons to use for automatic public transmissions, etc., transmits a workthat has been made available for transmission, etc. (excluding a work that has been made available for transmission, etc. via therelevant automatic public transmission server, etc.) in order to relay automatic public transmissions, etc., the person mayrecord that work on the area of the recording media of theautomatic public transmission server, etc. which is used to make that transmission, to the extent that this is found to be necessary for efficiently transmitting a work in order to relay automatic public transmissions, etc. of that work following its transmission. (3) A person set forth in one of the following items may notpreserve the copy of a work that is made based on theapplication of the provisions set forth in the relevant item, after the time provided for in that item: (i) a person that has recorded a work on a recording mediumpursuant to the provisions of paragraph (1) (limited to the part involving item (i)) or the preceding paragraph): once it is considered to be no longer necessary to preserve the copy for the purposes provided for in those provisions, or once theperson comes to know that making the relevant workavailable for transmission, etc. constitutes a copyrightinfringement (or, if the work was made available for transmission, etc. abroad, once the person comes to know thatmaking the work available for transmission, etc. in Japanwould constitute a copyright infringement); (ii) a person that has recorded a work on a recording mediumpursuant to the provisions of paragraph (1) (limited the part concerned with item (ii): when it is considered to be no longer necessary to preserve the copy for the purposeprovided for in that item. (Reproduction, etc. for retrieving, etc. the transmitter identification code of data that has been made available for transmission) Article 47-6 It is permissible for a person that, in the course of trade, retrieves transmitter identification codes (meaning theletters, numbers, symbols, or other code by which thetransmitter of an automatic public transmission is identified; thesame applies hereinafter in this Article) for data that has been made available for transmission and furnishes the results of theretrieval in response to requests from the public (this includes a person that engages in a part of such business, but is limited to a person whose collection, arrangement, and furnishing of datathat has been made available for transmission is done in accordance with the standards designated by Cabinet Order), to record a work that has been made available for transmissiononto a recording medium or to make an adaptation thereof (including recording a derivative work created by adaptation), to the extent that this is found to be necessary for the retrieval and for furnishing the results of the retrieval (if this requires that information be input to identify the recipient of theautomatic public transmission of such work or if other measures have been taken to limit its reception, the person's permission to make such recording or adaptation is limited to works for which consent has been obtained from the person that has taken suchmeasures with regard to the reception of automatic public transmissions), and it is also permissible for such a person to transmit a work via automatic public transmission (this includes making a work available for transmission) using the copy of thework recorded onto that recording medium which is associated with that transmitter identification code (including a copy of a derivative work of such work; hereinafter in this Articlereferred to as a "recording of a work that is offered as a retrieval result") in conjunction with offering the requested transmitter identification code for the data that was made available for transmission, in response to requests from the public; provided, however, that the person must not transmit a work via automatic public transmission (or make it available for transmission) using the recording of the work that is offered as a retrieval result after coming to know that making such a recording available for transmission constitutes a copyright infringement(or, if the recording was made available for transmissionabroad, after coming to know that making such a recording available for transmission in Japan would constitute a copyrightinfringement). (Reproduction, etc. for data analysis) Article 47-7 To the extent that it is considered to be necessary, it is permissible to record a work onto a recording medium or to make an adaptation of a work (including recording a derivative work created by adaptation) if the purpose of doing so is dataanalysis (meaning the extraction, comparison, classification, orother statistical analysis of language, sound, or image data, orother elements of which a large number of works or a large volume of data is composed; the same applies hereinafter in this Article) by means of a computer; provided, however, that this does not apply with regard to database works compiled for useby persons who carry out data analyses. (Reproduction in conjunction with the exploitation of works on a computer) Article 47-8 If a person uses a copy of a work to exploit thatwork on a computer, or if a person exploits a work transmitted by means of wireless communication or wired telecommunications on a computer after receiving such a transmission, it is permissible for the work to be recorded on the recording medium of that computer in the course of dataretrieval by the computer for the exploitation of the work, to theextent that this is found to be necessary in order for the data to be retrieved smoothly and efficiently. (Transfer of copies made pursuant to restrictions on the right of reproduction) Article 47-9 A work that may be reproduced pursuant to theprovisions of Article 31, paragraph (1) (limited to the part concerned with item (i); the same applies hereinafter in this Article); Article 32; Article 33, paragraph (1) (including when application mutatis mutandis is provided for under theprovisions of paragraph (4) of the same Article); Article 33-2, paragraph (1) or (4); Article 34, paragraph (1); Article 35, paragraph (1); Article 36, paragraph (1); Article 37; Article 37-2 (except item (ii); the same applies hereinafter in this Article); Article 39, paragraph (1); Article 40, paragraph (1) or (2); Articles 4l, through 42-2; or Articles 46 to 47-2, is also permitted to be offered to the public through the transfer of a copy of that work that is made based on the application of those provisions (excluding copies of a cinematographic work in a case under the provisions of Article 31, item (i); Article 35, paragraph (1); Article 36, paragraph (1); or Article 42 (if thework is one that has been reproduced in a cinematographic work, this exclusion also applies to copies of the relevantcinematographic work; the same applies hereinafter in this Article)); provided however, that this does not apply if the copyof that work that is made based on the application of theprovisions of Article 31, paragraph (1); Article 33-2, paragraph(1) or (4); Article 35, paragraph (1); Article 37, paragraph (3); Article 37-2; Articles 41 to 42-2; or Article 47-2 is transferred to the public for a purpose other than what is provided for in Article 31, paragraph (1); Article 35, paragraph (1); Article 37, paragraph (3); Article 37-2; Articles 41 through 42-2; or Article47-2 (excluding a copy of a cinematographic work in a caseunder the provisions of Article 3l, paragraph (1); Article 33-2, paragraph (1); Article 35, paragraph (1); or Article 42).
(Indication of source) Article 48 (1) In a case set forth in one of the following items, the source of the work must be clearly indicated in the manner and to the extent considered reasonable, commensurate with thecircumstances of its reproduction or exploitation: (i) a work is reproduced pursuant to the provisions of Article32; Article 33, paragraph (1) (including when applicationmutatis mutandis is provided for pursuant to the provisions of paragraph (4) of the same Article); Article 33-2, paragraph(1); Article 37, paragraph (1); or Article 42 or 47; (ii) a work is exploited pursuant to the provisions of Article34, paragraph (1); Article 37, paragraph (3); Article 37-2; Article 39, paragraph (1); Article 40, paragraph (1) or (2); orArticle 47-2; (iii) a work is exploited other than by its reproduction pursuant to the provisions of Article 32 or is exploited pursuant to theprovisions of Article 35; Article 36, paragraph (1); Article 38, paragraph (1); Article 41; or Article 46, and it is common practice to indicate the source. (2) In a source indication as referred to in the preceding paragraph, the name of the author that appears on the work must be cited, except if the author's name is clear from the sourceindication or if the work is anonymous. (3) If a work is exploited by translation, musical arrangement, reformulation, or adaption pursuant to the provisions of Article43, the source must be indicated pursuant to the provisions of the preceding two paragraphs. (Use, etc. of a copy other than for its intended purpose)
Article 49 (1) The following persons are deemed to have reproduced a work as referred to in Article 21:
(i) a person that distributes a copy of the work which has been made based on the application of the provisions of Article 30, paragraph (1); Article 31, paragraph (1), item (i); Article 33-2, paragraph (1) or (4); Article 35, paragraph (1); Article 37, paragraph (3); the first sentence of Article 37-2 (or item (ii) of that Article, in a case referred to in that item; the same applies in item (i) of the next paragraph); Articles 41 through 42-2; Article 44, paragraph (1) or (2); Article 47-2; or Article 47-6 (excluding a copy falling under the category set forth in item(iv) of the next paragraph), or presents the work to the publicby means of such a copy, for a purpose other than what is stipulated in those provisions;
(ii) a broadcaster or cablecaster that preserves an ephemeral recording in violation of the provisions of Article 44, paragraph (3);
(iii) a person that distributes a copy of the work which has been made based on the application of the provisions of Article 47-3, paragraph (1) (excluding a copy falling underthe category set forth in item (ii) of the next paragraph), or a copy of the work which has been recorded temporarily on a recording medium other than a built-in recording mediumprovided for in Article 47-4, paragraph (1) or (2) based on theapplication of the provisions of that paragraph, or a personthat presents the work to the public by means of such a copy;
(iv) a person that preserves a copy set forth in Article 47-3, paragraph (2); Article 47-4, paragraph (3); or Article 47-5, paragraph (3) (excluding a copy falling under the category set forth in item (ii) of the next paragraph) in violation of theprovisions of that paragraph;
(v) a person that uses a copy of the work which has been made based on the application of the provisions of Article 47-5, paragraph (1) or (2) or Article 47-7 (excluding a copy falling under the category set forth in item (vi) of the next paragraph), to exploit the work for a purpose other than what is provided for in those provisions;
(vi) a person that uses a copy of the work which has been made based on the application of the provisions of the first sentence of Article 47-6 (excluding a copy falling under thecategory set forth in item (v) of the next paragraph) to transmit a work via automatic public transmission (this includes making the work available for transmission), in violation of the provisions of the proviso to that Article;
(vii) a person that uses a copy of the work which has been made based on the application of the provisions of Article 47-8 to exploit the work, but that uses it in place of the copy of the work whose use is provided for in that Article, or a personthat uses such a copy to exploit the work, without having received it in the transmission provided for in that Article (if such a transmission is sent automatically in response to a request from the recipient, this means a person that uses sucha copy without having received such a transmission orwithout having performed an action specified by Cabinet Order as being equivalent thereto).
(2) The following persons are deemed to have translated, musically arranged, reformulated, or adapted as under Article27, an original work, as a derivative work:
(i) a person that distributes a copy of the derivative workwhich has been made based on the application of Article 43 and in accordance with what is set forth in the items of Article43 with regard to Article 30, paragraph (1); Article 31, paragraph (1), item (i); Article 33-2, paragraph (1); Article 35; Article 37, paragraph (3); the first sentence of Article 37-2; Article 41; or Article 42; or that presents the derivative workto the public by means of such a copy; for a purpose otherthan what is provided for in those provisions;
(ii) a person that distributes a copy of the derivative workwhich has been made based on the application of theprovisions of Article 47-3, paragraph (1), or presents thederivative work to the public by means of such a copy;
(iii) a person that preserves the copy referred to in thepreceding item, in violation of the provisions of Article 47-3, paragraph (2);
(iv) a person that distributes a copy of the derivative workwhich has been made based on the application of Article 47-6, or that presents the derivative work to the public by means of such a copy, for a purposes other than what is provided for in that Article;
(v) a person that uses a copy of the derivative work which has been made based on the application of the provisions of thefirst sentence of Article 47-6, to transmit the derivative workvia automatic public transmission (this includes making thederivative work available for transmission) in violation of theprovisions of the proviso to that Article;
(vi) a person that uses a copy of the derivative work which has been made based on the application of Article 47-7, to exploit the derivative work for a purpose other than what is provided for in that Article.
(Relationship with the moral rights of authors)
Article 50 The provisions of this Subsection must not be interpreted as affecting the protection of the moral rights of authors.