わかる!著作権

Neighboring rights

We’ve been learning about the rights included in the Copyright act, but do you know what rights the actors in movies have?
Well, I’ve never really thought about that. They must have some kind of right since they are joint-workers in the making of the movies.
I agree. If that wasn’t the case, it could be troublesome for actors who might not want their name made public.
I see! Right-kun you’re so smart!
You think so? Hehehe

Like the two are saying, performers such as actors in movies hold a right called Neighboring rights.

Neighboring rights are the rights given to those who are not the owner of the work, but have substantially cooperated to the making of a work such as performers, record companies, broadcasters, cable broadcasters.

For example in the case of performers, the performers hold the right of attribution, the right to integrity, Sound recording rights, visual recording rights and broadcasting and cable broadcasting rights. Record companies and broadcasting companies hold the right to reproduce.

The term of these rights are 50 years from the performance, 50 years from the issuance of the sound source, and 50 years from when the broadcast or the cable broadcast has been done.

(Neighboring rights)
Article 89 (1) Performers enjoy the rights provided for in Article 90-2, paragraph (1) and Article 90-3, paragraph (1) (hereinafter referred to as "moral rights of performers") and therights provided for in Article 91, paragraph (1); Article 92, paragraph (1); Article 92-2, paragraph (1); Article 95-2, paragraph (1); and Article 95-3, paragraph (1), as well as theright to remuneration provided for in Article 94-2 and Article95-3, paragraph (3) and the right to secondary use fees provided for in Article 95, paragraph (1).
(2) Producers of phonograms enjoy the rights provided for in Articles 96 and 96-2; Article 97-2, paragraph (1); and Article97-3, paragraph (1), as well as the right to secondary use fees provided for in Article 97, paragraph (1) and the right toremuneration provided for in Article 97-3, paragraph (3).
(3) Broadcasters enjoy the rights provided for in Articles 98 through 100.
(4) Cablecasters enjoy the rights provided for in Articles 100-2 to 100-5.
(5) Enjoyment of the rights referred to in the preceding paragraphs requires no formalities.
(6) The rights referred to in paragraphs (1) to (4) (except themoral rights of performers as well as the right to remunerationand the right to secondary use fees referred to in paragraphs (1) and (2)) are called neighboring rights.
(Connection between the rights of authors and neighboring rights)
Article 90 The provisions of this Chapter must not be interpreted as affecting the protection of the rights of authors.
Section 2 Rights of Performers
(Right of attribution)
Article 90-2 (1) A performer has the right to decide whether to use the performer's name, stage name, or any other name to indicate the name of the performer in connection with theperformance at the time it is offered or presented to the public, or to decide that the performer's name will not be indicated in connection with that performance.
(2) Unless the performer has manifested a different intention, a person exploiting a performance may indicate the name of theperformer in accordance with how the performer has already done so in connection with that performance.
(3) The name of the performer may be omitted if it is found thatthat doing so is unlikely to harm the interests of the performerin a claim to being the performer in that performance, in light of the purpose and circumstances of its exploitation, or if theomission is found to be compatible with fair practices.
(4) The provisions of paragraph (1) do not apply in any of thefollowing cases:
(i) the performance is offered or presented to the public by thehead of an administrative organ or by an incorporated administrative agency, etc., a local government agency, or a local incorporated administrative agency pursuant to theprovisions of the Act on Access to Administrative Organs' Information, the Act on Access to Incorporated Administrative Agencies' Information, or Information Disclosure Ordinances, and the name of the performer is indicated in accordance with how the performer has already done so for that performance;
(ii) the performance is offered or presented to the public by the head of an administrative organ or by an incorporated administrative agency, etc., a local government agency, or a local incorporated administrative agency pursuant to theprovisions of Article 6, paragraph (2) of the Act on Access to Administrative Organs' Information, the provisions of Article6, paragraph (2) of the Act on Access to Incorporated Administrative Agencies' Information, or the provisions of Information Disclosure Ordinances and it is a case in which the name of the performer is to be omitted.
(Right to integrity)
(Right to integrity)
Article 90-3 (1) A performer has the right to preserve theintegrity of the performance, and is not to be made to suffer any alteration, cut, or other modification to it that would damage the performer's honor or reputation.
(2) The provisions of the preceding paragraph do not apply to modifications that are found to be unavoidable in light of thenature of the performance as well as the purpose andcircumstances of its exploitation, nor to modifications that are found to be compatible with fair practices.
(Sound recording rights and visual recording rights)
91 (1) A performer has the exclusive right to recordthe sound and visuals of that performer's performance.
(2) Unless the sound of a performance is recorded as a sound recording (other than one that is intended to be played exclusively alongside images), the provisions of the preceding paragraph do not apply to the sound or visuals of a performance that are recorded as part of a cinematographic work with the authorization of the owner of the right referred to in that paragraph (meaning authorization to exploit theperformance pursuant to the provisions of Article 63, paragraph(1) as applied mutatis mutandis pursuant to Article 103; hereinafter the same apples in this and the following Section).
(Broadcasting and cablecasting rights)
Article 92 (1) A performer has the exclusive right to broadcastand cablecast that performer's performance.
(2) The provisions of the preceding paragraph do not apply in the following cases:
(i) the cablecast is of a broadcast performance;
(ii) the broadcast or cablecast is of one of the following performances:
(a) a performance whose sound or visuals have been recorded with the authorization of the owner of the rightprovided for in paragraph (1) of the preceding Article;
(b) a performance referred to in paragraph (2) of the preceding Article whose sound or visuals have been recorded other than as a sound recording referred to in thatparagraph.
(Right to make available for transmission)
Article 92-2 (1) A performer has the exclusive right to make that performer's performance available for transmission.
(2) The provisions of the preceding paragraph do not apply to any of the following performances:
(i) a performance whose visuals have been recorded with theauthorization of the owner of the right provided for in Article91, paragraph (1);
(ii) a performance referred to in Article 91, paragraph (2) whose sound or visuals have been recorded other than as a sound recording referred to in that paragraph.
(Fixation for broadcasting purposes)
Article 93 (1) A broadcaster that obtains the authorization to broadcast a performance from the owner of the rights provided for in Article 92, paragraph (1), may record the sound orvisuals of that performance for broadcasting purposes;, provided, however, that this does not apply if otherwisestipulated in the contract or if the sound or visuals are recorded with the purpose of using them in a broadcast program of a different content than the broadcast program underauthorization.
(2) The following persons are deemed to have recorded thesound or visuals as referred to in Article 91, paragraph (1):
(i) a person that uses or offers a sound or visual recordingmade pursuant to the provisions of the preceding paragraph, for a purpose other than broadcasting or for the purposereferred to in the proviso to the same paragraph;
(ii) a broadcaster that receives a sound or visual recordingbeing offered which has been made pursuant to theprovisions of the preceding paragraph, and that further offers it for the broadcast of another broadcaster.
(Right of reproduction)
Article 96 The producer of a phonogram has the exclusive right to reproduce its phonograms.
(Right to make available for transmission)
Article 96-2 The producer of a phonogram has the exclusive right to make its phonograms available for transmission.
(Right of reproduction)
Article 98 A broadcaster has the exclusive right to record sound and visuals from, and to reproduce through photography or by any other similar means, the sounds or images in its broadcast, based on the receipt of its broadcast transmission or based onthe receipt of a cablecast transmission that has been made based on the receipt of its broadcast transmission.
(Rebroadcasting rights and cablecasting rights)
Article 99 (1) A broadcaster has the exclusive right torebroadcast or cablecast its broadcast based on the receipt of its broadcast transmission.
(2) The provisions of the preceding paragraph do not apply to a cablecast that a person that cablecasts based on the receipt of broadcast transmissions is required to make pursuant to theprovisions of laws and regulations.
(Right to make available for transmission)
Article 99-2 A broadcaster has the exclusive right to make its broadcast available for transmission based on the receipt of its broadcast transmission or based on the receipt of a cablecast transmission that has been made based on the receipt of its broadcast transmission.
(Right to communicate television broadcasts)
Article 100 A broadcaster has the exclusive right to use a special instrument that enlarges images to communicate its television broadcast to the public based on the receipt of its broadcast transmission or based on the receipt of a cablecast transmission that has been made based on the receipt of its broadcast transmission.
(Right of reproduction)
Article 100-2 A cablecaster has the exclusive right to recordsound and visuals from, and to reproduce through photographyor by any other similar means, the sounds or images in its cablecast, based on the receipt of its cablecast transmission.
(Broadcasting rights and re-cablecasting rights)
Article 100-3 A cablecaster has the exclusive right to broadcastand to re-cablecast its cablecast based on the receipt of its cablecast transmission.
(Right to make available for transmission)
Article 100-4 A cablecaster has the exclusive right to make its cablecast available for transmission based on the receipt of its cablecast transmission.
(Right to communicate cable television broadcasts)
Article 100-5 A cablecaster has the exclusive right to use a special instrument that enlarges images to communicate its cable television broadcast to the public based on the receipt of its cable television broadcast transmission.
(The term of protection for performances, phonograms, broadcasts, and cablecasts)
Article 101 (1) The duration of neighboring rights begins at the following times:
(i) for a performance, the time that the performance takes place;
(ii) for a phonogram, the time that the first fixation of sounds is made;
(iii) for a broadcast, the time that the broadcast takes place;
(iv) for a cablecast, the time that the cablecast takes place.
(2) The duration of neighboring rights expires at the following times:
(i) for a performance, once fifty years have passed, counting from the year after that in which the performance takes place;
(ii) for a phonogram, once fifty years have passed, counting from the year after that in which the phonogram is published(or once fifty years have passed counting from the year after that in which the sounds are first fixed in a phonogram, if thework is not published within fifty years counting from theyear after that in which the sounds are first fixed in a phonogram);
(iii) for a broadcast, once fifty years have passed, counting from the year after that in which the broadcast takes place;
(iv) for a cablecast, once fifty years have passed, counting from the year after that in which the cablecast takes place.
Section 7 The Exclusive Nature, etc. of a Performer's Moral Rights
(The exclusive nature of a performer's moral rights)
Article 101-2 A performer's moral rights are exclusive to thatperformer, and are inalienable.
(Protection of moral interests after the performer's death)
Article 101-3 Even after the death of the performer, it is prohibited for person that offers or presents that performer's performance to the public to engage in conduct that would be prejudicial to the moral rights of the performer if the performerwere alive; provided, however, that this does not apply if suchconduct is found not to contravene the will of the performer in light of the nature and extent of the conduct as well as changes in social circumstances and other conditions.
Section 8 Limitations, Transfer, Exercise, and Registration of Rights
(Limitations on neighboring rights)
Article 102 (1) The provisions of Article 30, paragraph (1); Articles 31, 32, 35, and 36; Article 37, paragraph (3); Article37-2 (except item (i); the same applies in the next paragraph); Article 38, paragraphs (2) and (4); Articles 41, 42, and 42-2; Article 44 (except paragraph (2)); and Articles 47-4 to 47-8 apply mutatis mutandis to the exploitation of a performance, phonogram, broadcast, or cablecast that is the subject of neighboring rights; the provisions of Article 30, paragraph (2) and Article 47-9 apply mutatis mutandis to the exploitation of a performance or phonogram that is the subject of neighboring rights; and the provisions of Article 44, paragraph (2) apply mutatis mutandis to the exploitation of a performance, phonogram, or cablecast that is the subject of neighboring rights. In this case, in Article 44, paragraph (1), the phrase "Article 23, paragraph (1)" is deemed to be replaced with "Article 92, paragraph (1); Article 99, paragraph (1); or Article100-3", and in Article 44, paragraph (2), the phrase "Article 23, paragraph (1)" is deemed to be replaced with "Article 92, paragraph (1) or Article 100-3".
(2) If a performance or phonogram or sounds or images from a broadcast or cablecast (hereinafter referred to as a "performance, etc.") are reproduced pursuant to the provisions of Article 32, Article 37, paragraph (3), Article 37-2, or Article42, as applied mutatis mutandis pursuant to the preceding paragraph, or are reproduced pursuant to the provisions of the following paragraph or paragraph (4), and it is common practice to indicate the source, the source must be clearly indicated in the manner and to the extent considered reasonablefor the circumstances of the reproduction.
(3) If it is permissible to reproduce a work that has been printed in a school textbook pursuant to the provisions of Article 33-2, paragraph (1), it is also permissible to reproduce any performance whose sound has been recorded in a sound recording made based on the application of the provisions of that paragraph, to reproduce any phonogram associated with such sound recording, and to present the performance orphonogram to the public through the transfer of copies thereof, for the purpose referred to in that paragraph.
(4) If a person set forth by Cabinet Order which is as referred to in Article 37, paragraph (3) and which engages in an undertaking related to the welfare of persons with visual impairments, etc. is permitted to reproduce a visual workpursuant to the provisions of that paragraph, that person mayalso reproduce any performance whose sound has been recorded in a sound recording made based on the application of the provisions of that paragraph, may reproduce any phonogram associated with such sound recording, may make the performance or phonogram available for transmission, andmay present the performance or phonogram to the publicthrough the transfer of copies thereof, for the purpose referred to in that paragraph.
(5) A broadcast performance that is the subject of neighboring rights may be made available for transmission (but only by therelevant data being input to an automatic public transmission server that is connected with a public telecommunicationsnetwork), with the objective of allowing an exclusive audiencewithin the service area that the broadcast 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)) to receive that broadcast; provided, however, that this does not apply if doing so would prejudice the rights of the person thatowns the rights provided for in Article 99-2 with respect to thatbroadcast.
(6) Unless the provisions of Article 38, paragraph (2) as applied mutatis mutandis pursuant to paragraph (1) of this Article, are applicable, a person that makes a performance available for transmission pursuant to the provisions of the preceding paragraph must pay a reasonable amount of remuneration to theowner of the right set forth in Article 92-2, paragraph (1) with respect to that performance.
(7) The provisions of the preceding two paragraphs apply mutatis mutandis to the exploitation of a phonogram that is thesubject of neighboring rights. In this case, in the preceding paragraph, the phrase "Article 92-2, paragraph (1)" is deemed to be replaced with "Article 96-2".
(8) If it is permissible for a person to broadcast or cablecast a work pursuant to the provisions of Article 39, paragraph (1) orArticle 40, paragraph (1) or (2), it is also permissible for theperson to cablecast the work or use a special instrument thatenlarges images to communicate the work to the public based on the receipt of that broadcast or cablecast transmission, andto receive such a broadcast transmission and simultaneously make the work available for transmission (but only by inputting the data in an automatic public transmission serverthat is connected with a public telecommunications network) with the objective of allowing an exclusive audience within theservice area that the broadcast is intended for to receive it.
(9) The persons set forth in the following are deemed to have recorded the sound or visuals of a performance, etc. or to have reproduced a performance, etc. pursuant to Article 91, paragraph (1), Article 96, Article 98 or Article 100-2:
(i) a person that distributes a copy of a performance, etc. which has been made based on the application of theprovisions of Article 30, paragraph (1); Article 31, paragraph(1), item (i); Article 35, paragraph (1); Article 37, paragraph(3); Article 37-2, item (ii); Article 41 through 42-2; Article44, paragraph (1) or (2); or Article 47-6 as applied mutatis mutandis pursuant to paragraph (1) of this Article, or thatpresents a performance, sounds from a phonogram, or sounds or images from a broadcast or cablecast to the public by means of such a copy, for a purpose other than what is provided for in those provisions;
(ii) a broadcaster or cablecaster that preserves a sound orvisual recording provided for in Article 44, paragraph (3) as applied mutatis mutandis pursuant to paragraph (1) of this Article, in violation of the provisions of that paragraph;
(iii) a person that distributes a copy of a performance, etc. thathas been recorded temporarily onto a recording mediumother than a built-in recording medium which is provided for in Article 47-4, paragraph (1) or (2) based on the applicationof the provisions of that paragraph as applied mutatis mutandis pursuant to paragraph (1) of this Article, or thatpresents a performance, sounds from a phonogram, or sounds or images from a broadcast or cablecast to the public by means of such a copy;
(iv) a person that preserves a copy provided for in Article 47-4, paragraph (3) or Article 47-5, paragraph (3) as applied mutatis mutandis pursuant to paragraph (1) of this Article in violation of the provisions of the same paragraph;
(v) a person that uses a copy of a performance, etc. which has been made based on the application of the provisions of Article 47-5, paragraph (1) or (2) or Article 47-7 as applied mutatis mutandis pursuant to paragraph (1), to exploit thatperformance, etc. for a purpose other than what is provided for in those provisions;
(vi) a person that uses a copy of a performance, etc. which has been made based on the application of the provisions of theproviso to Article 47-6 as applied mutatis mutandis pursuant to paragraph (1), to make that performance, etc. available for transmission in violation of the provisions of the same Article;
(vii) a person that uses a copy of a performance, etc. which has been made based on the application of the provisions of Article 47-8 as applied mutatis mutandis pursuant toparagraph (1), but that uses it in place of the copy of theperformance, etc. whose use is provided for in that Article, ora person that uses such a copy to exploit the performance, etc. 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 a recipient, this means a personthat uses such a copy without having received such a transmission or without having performed an actiondesignated by Cabinet Order as being equivalent thereto);
(viii) a person that distributes a copy of a performance orphonogram which has been made based on the application of the provisions of paragraph (3) or (4), or that presents thesounds from the performance or phonogram to the public by means of such a copy, for a purpose other than what is provided for in Article 33-2, paragraph (1) or Article 37, paragraph (3).
(Relationship with the moral rights of performers)
Article 102-2 The provisions of the preceding Article thatconcern limitations on neighboring rights (other than theprovisions of paragraphs (7) and (8) of that Article) must not 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) apply mutatis mutandis to the transfer of neighboring rights, theprovisions of Article 62, paragraph (1) to the expiry of those rights, the provisions of Article 63 to the authorization to exploit a performance, phonogram, broadcast, or cablecast, theprovisions of Article 65 to the joint authorship of those rights, the provisions of Article 66 to the establishment of a pledge on those rights, and the provisions of Article 67; Article 67-2 (except the proviso to paragraph (1)); Article 70 (exceptparagraphs (3) and (4)); Articles 71 through 73; and Article 74, paragraphs (3) and (4) to the exploitation of a performance, phonogram, broadcast, or cablecast if the owners of neighboring rights can not be found. In this case, in Article 63, paragraph (5), the phrase "Article 23, paragraph (1)" is deemed to be replaced with "Article 92-2, paragraph (1), Article 96-2; Article 99-2; or Article 100-4", and in Article 70, paragraph(5), the phrase "the preceding paragraph" is deemed to be replaced with "Article 67, paragraph (1), as applied mutatis mutandis pursuant to Article 103".
(Registration of neighboring rights)
Article 104 The provisions of Article 77 and Article 78 (exceptparagraph (3)) apply mutatis mutandis to the registration of neighboring rights. In this case, in paragraphs (1), (2), (4), (8), and (9) of the latter Article, the phrase "the copyright register" is deemed to be replaced with "the register of neighboring rights".