World Intellectual Property Organization

Japan

Copyright Act (Act No. 48 of May 6, 1970, as last amended by Act No. 121 of 2006)

 

 


Copyright Act

(Act No. 48 of May 6, 1970)

Chapter I General Provisions

Section 1 General Rules

(Purpose) Article 1 The purpose of this Act is to provide for, and to secure protection of, the rights of authors, etc. and the rights neighboring thereto with respect

[copyrightable] works as well as performances, phonograms, broadcasts and wirebroadcasts, while giving due regard to the fair exploitation of these cultural products, and by doing so, to contribute to the development of culture.

(Definitions)

Article 2 (1) In this Act, the meanings of the terms listed in the following items shall be as prescribed respectively in those items:

(i)
"work" means a production in which thoughts or sentiments are expressed in a creative way and which falls within the literary, scientific, artistic or musical domain;
(ii)
"author" means a person who creates the work;

(iii) "performance" means the [theatrical] acting, dancing, musical performances, singing, reciting, declaiming or performing in other ways of a work, including similar acts which do not involve the performance of a work but which have the

nature of pubic entertainment;

(iv)
"performers" means actors, dancers, musicians, singers and persons who engage in other forms of performances, as well as those who conduct or direct performances;
(v)
"phonograms" means fixations of sounds on phonographic discs, recordingtapes and other forms of tangible medium, excluding, however, those fixations [of sound] that are intended to be replayed exclusively with images;
(vi)
"producers of phonograms" means those who first fix the sounds contained in phonograms;

(vii) "commercial phonograms" means copies of phonograms made for the purpose of sale to the public;

(vii2) "public transmission" means the transmission, by wireless communications or wiretelecommunications, intended for direct reception by the public; excluding, however, transmissions (other than transmissions of a computer

program work) by telecommunication facilities, one part of which is located on the same premises where all remaining parts are located or, if the premises are occupied by two or more persons, all parts of which are located within the area (within such premises) occupied by the same person(s);

(viii) "broadcast" means the form of public transmission involving a transmission transmitted by wireless communication intended for simultaneous reception of identical content by the public;

(ix) "broadcasting organizations" means persons who engage in the broadcasting business;

(ix2) "wirebroadcast" means the form of public transmission involving a transmission transmitted by wiretelecommunication intended for simultaneous reception of identical content by the public;

(ix3) "wirebroadcasting organizations" means persons who engage in the wirebroadcasting business; (ix4) "automatic public transmission" means the form of public transmission which occurs automatically in response to a request from the public, excluding, however, public transmissions falling within the term "broadcast" or "wirebroadcast";

(ix5) "to make transmittable" means making an automatic public transmission possible by any of the acts set out below:

(a) to record information on public transmission recording medium of an automatic public transmission server already connected with a telecommunications line that is provided for use by the public; to add to such an automatic public transmission server, as a public transmission recording

medium thereof, a recording medium which stores information; to convert a recording medium that stores information into a public transmission recording medium of such an automatic public transmission server; or to input information into such an automatic public transmission server. For the purpose of this item (ix5), " automatic public transmission server" means a device which, when connected with a telecommunications line provided for

use by the public, functions to perform automatic public transmission of

information which is either recorded on the public transmission recording medium of the transmission recording medium of such device or is inputted into such automatic public transmission server; and in this item (ix5) and below, "public transmission recording medium" means such part of the

recording medium of an automatic public transmission server as is provided for automatic public transmission use.

(b) to connect with a telecommunications line that is provided for use by the public, an automatic public transmission server the public transmission

recording medium of which stores information or into which information has

been inputted. For the purpose of this provision, if connection with a

telecommunications line that is offered for use by the public is made through

a series of acts, such as wiring, starting of the automatic public transmission

server and putting into operation computer programs for transmission or

reception the last to occur of such series of acts shall be considered to constitute the act of connection.

(x) "maker of a cinematographic work" means the person who takes the initiative in, and the responsibility for, the making of a cinematographic work; (x2) "computer program" means an expression of a combination of instructions to cause a computer to function in order to be able to obtain a certain result; (x3) "database" means a collection of information, such as dissertations,

numerical values or diagrams, which is systematically organized so that such information can be searched by use of a computer;

(xi) "derivative work" means a work created by translating, arranging musically, or transforming, or dramatizing, cinematizing or otherwise adapting a preexisting work;

(xii) "work of joint authorship" means a work collaboratively created by two or more persons with respect to which the contribution of each person cannot be severed and separately exploited;

(xiii) "sound recording" means the fixation of sound on an object and also the production of one or more copies of such fixation;

(xiv) "visual recording" means the fixation of a sequence of images on an object and also the production of one or more copies of such fixation;

(xv) "reproduction" means the reproduction in a tangible form by means of

printing, photography, photocopy, sound or visual recording or other methods; and

(a)
in the case of [play/film] scripts and other similar dramatic works, "reproduction" includes sound and visual recording of the stage performances, broadcasts or wirebroadcasts of said works; and
(b)
in the case of architectural works, "reproduction" includes the completion of building in accordance with the drawings therefor;

(xvi) "stage performance" means the performance of a work, excluding, however, musical performances ("musical performances" include singing; the same shall apply hereinafter);

(xvii) "screen presentation" means the projection of a work (other than a publicly transmitted work) on a screen or other object, and includes the replaying, in accompaniment with such projection, of sounds which have been fixed in a

cinematographic work;

(xviii) "recitation" means oral communication by means of reading aloud or any

other method, but excluding any oral communication falling within the term "performance";

(xix) "distribution" means the transfer or rental of reproductions of a work to the public, whether with or without charge, and in the case of cinematographic

works or works reproduced therein, "distribution" includes the transfer of ownership or rental of, reproductions of a cinematographic work for the purpose of making such cinematographic work itself or the works reproduced therein, as

the case may be, available to the public;

(xx) "technological protection measures" means electronic, magnetic or other measures not discernible by human senses ([all of the aforementioned measures being collectively referred to] in the next item as "electromagnetic means") used to prevent or deter acts that would constitute infringements of the moral rights of author or copyrights as provided for in Article 17, paragraph (1) or the moral

rights of performer as provided for in Articles 89, paragraph (1) or the neighboring rights as provided for in Article 89, paragraph (6) ([all of the aforementioned rights being] hereinafter in this item collectively referred to as "copyright, etc.") (excluding, however, measures used without the intent of the owner of copyright, etc.), through systems which, when works, performances, phonograms or, broadcasted or wirebroadcasted sounds or images are recorded on a recording medium or transmitted, also record or transmit signals that cause certain specific responses by machines that attempt to exploit such works, performances, phonograms, broadcasts or wirebroadcasts (in the next item collectively referred to as "works, etc."). In this item, "deter" means to deter such acts as would constitute infringements on copyright, etc. by causing

extreme obstruction to the results of such acts; the same shall apply in Article 30, paragraph (1), item (ii). In this item, "exploit" includes acts which if done without the consent of the author or the performer would constitute an infringement of the moral rights of the author or the moral rights of the performer.

(xxi) "rights management information" means information concerning the moral rights of author or copyrights (each provided for in Article 17, paragraph (1)) or the rights provided for in Article 89, paragraphs (1) to (4) ([all of the aforementioned rights being] hereinafter in this item collectively referred to as "copyright, etc."), which said information falls within any of (a), (b) or (c) below and which, together with works, performances, phonograms, or broadcasted or

wirebroadcasted sounds or images, is recorded on a recording medium or transmitted by electromagnetic means; excluding, however, information not used for ascertaining a work, etc.'s exploitation, for the administrative

handling of authorizations to exploit the work, etc. or for other matters pertaining to copyright, etc. management (in each case, only to the extent the same is done by computer):

(a) information which identifies the work, etc., the owners of the copyright, etc. or such other information as specified by Cabinet Order;
(b) information regarding the manner of, and conditions for, the exploitation of the work, etc. where the exploitation of the work, etc. is authorized;
(c) information which enables the identification of the matters mentioned in (a) or (b) above by comparison with other information.

(xxii) "within this country" means the jurisdiction where this Act is effective.

二十三 国外 この法律の施行地外の地域をいう。

(xxiii) "outside this country" means outside the jurisdiction where this Act is effective.

(2) As used in this Act, "artistic work" includes a work of crafts of artistic value (bijutsukougeihin).
(3) As used in this Act, "cinematographic work" includes a work which (i) is expressed through a process producing visual or audiovisual effects similar to those of cinematography, and (ii) is fixed in an object.
(4) As used in this Act, "photographic work" includes a work expressed through a process similar to that of producing a photograph.
(5) As used in this Act, "the public" includes a large number of specified persons.
(6) As used in this Act, "juridical person" includes associations and foundations that do not have juridical personality but have representatives or managers.
(7) In this Act, "stage performances," "musical performances" and "recitations" include the stage performances, musical performances or recitations of a work by way of the replaying of sound or visual recordings of the same (excluding, however, those constituting public transmissions and screen presentations and the transmission of stage performances, musical performances or recitations of a work by means of telecommunications equipment (excluding, however, those

constituting public transmissions).

(8) In this Act, "rental" includes any act giving rise to the acquisition of the authority to use something or any other similar act, regardless of label or means.
(9) In this Act, the meanings assigned to the terms defined in [any of] paragraph (1), items (vii2), (viii), (ix2), (ix4), (ix5) and (xiii) to (xix) and the preceding two paragraphs shall also apply to their respective variant verb forms.

(Publication of a work)

Article 3 (1) A work has been "published" when reproductions of it have been made and distributed, in reasonably sufficient quantities to meet the public demand therefor given the nature of the work, by a person entitled to the right provided for in Article 21 or with the authorization of such person ("authorization" means the authorization provided for under Article 63, paragraph (1) to exploit a work;

the same shall apply in this Chapter and the Chapter below, with the exception of Article 42 and Article 63) or by a person in favor of whom the right of publication provided for in Article 79 has been established; provided, however that the

foregoing shall not apply to situations where the making and distributing of reproductions harms the rights of a person entitled to a right provided for in Article 26 or Article 262, paragraph (1) or Article 263.

(2) An original work shall be deemed to have been "published" when reproductions of its translation (a form of derivative works) have been made and distributed, in such quantities as prescribed in the preceding paragraph, by a person who, pursuant to Article 28, is entitled to the same right as that provided for in Article 21 or by a person with authorization from such a person; provided, however, that the foregoing shall not apply to situations where the making and distributing of reproductions harms the rights of a person who, pursuant to the provisions of

Article 28, is entitled to the same right as one of those provided for in Article 26, Article 262, paragraph (1) or Article 263 pursuant to the provisions of Article

28.

(3) A person who would be entitled to a right under either of the preceding two paragraphs if its work were protected under this Act, as well as a person with authorization from such a person to exploit such work, shall be considered to be a

person entitled to such right or a person who with authorization from such a person (as the case may be), and the provisions of the preceding two paragraphs shall apply on that basis.

(Making a work public) Article 4 (1) A work has been "made public" when it has been published, or when, by

means of stage performance, musical performance, screen presentation, public transmission, recitation or exhibition, it has been made available to the public [in either case,] by a person entitled to the rights provided for in Articles 22 to 25 or by a person with authorization from such a person. In the case of an architectural work, a work has been "made public" when it has been constructed by a person possessing the right provided for in Article 21 or by a person with authorization

from such a person.

(2)
A work shall be deemed to have been "made public" when it has been made transmittable by a person entitled to the rights provided for in Article 23, paragraph (1) or by a person with authorization from such a person.
(3)
An original work shall be deemed to have been "made public" (a) when its translation (a form of derivative works) has been made available to the public, by a person who, pursuant to the provisions of Article 28, is entitled to the same rights as those provided for in Articles 22 to 24 or by a person with authorization from such a person, by means of its stage performance, musical performance,

screen presentation, public transmission or recitation, or (b) when such translation has been made transmittable by a person who, pursuant to the provisions of Article 28, is entitled to the same rights as those provided for in Article 23, paragraph (1) or by a person with authorization from such a person.

(4) An artistic work or a photographic work shall be deemed to have been "made

public" when it has been exhibited by such a person as provided for in Article 45, paragraph (1), in such a manner as provided for in said paragraph.

(5) A person who would be entitled to a right provided for in paragraphs (1) to (3) of this Article if his work were protected under this Act, as well as a person with authorization from such a person to exploit the work, shall be considered to be a

person entitled to such right or a person with authorization from such a person (as the case may be), and the provisions of these paragraphs shall apply with respect to such persons.

(Publication of phonograms)

Article 42 A phonogram has been "published" when reproductions of the phonogram have been made and distributed, in reasonably sufficient quantities to meet the public demand therefor given the nature of the phonogram, by a person who is entitled to the right provided for in Article 96 or with authorization from such a person; provided, however, that the foregoing shall not apply to situations where the making and distributing of reproductions harms the rights of a person entitled to a right provided for in Article 972, paragraph (1) or Article 973, paragraph (1). "Authorization" means the authorization to exploit a phonogram under the provision of Article 63, paragraph (1), as applied mutatis mutandis pursuant to Article 103; the same shall apply in Chapter IV, Sections 2 and 3).

(Effect of international treaty) Article 5 If an international treaty provides otherwise with respect to the rights of authors and the rights neighboring thereto, the provisions of such international treaty shall prevail.

Section 2 Scope of Application

(Protected works)

Article 6 Only those works falling under one of the following items shall receive protection under this Act:

(i)
works of Japanese nationals ("Japanese nationals" includes juridical persons
established under the laws and regulations of Japan and those who have their principal offices in Japan; the same shall apply hereinafter);
(ii)
works first published in this country, including those first published outside this country and thereafter published within this country within thirty days from the date from their first publication;

(iii) works in addition to those listed in the preceding two items, with respect to which Japan has the obligation to grant protection under an international treaty.

(Protected performances)

Article 7 Only those performances falling under one of the following items shall receive protection under this Act:

(i)
performances which take place within this country;
(ii)
performances fixed in the phonograms listed in item (i) or (ii) of the next Article;

(iii) performances transmitted through the broadcasts listed in Article 9, item (i) or (ii), excluding, however, those incorporated in sound or visual recordings before transmission with the consent of the performers concerned;

(iv)
performances transmitted through wirebroadcasts listed in either item of Article 92, excluding, however, those recorded in sound or visual recordings before transmission with the consent of the performers concerned;
(v)
in addition to those listed in the preceding four items, any of the following performances:
(a)
performances which take place in a contracting party to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (hereinafter referred to as "the Convention for the Protection of Performers, etc.");
(b)
performances fixed in phonograms listed in item (iii) of the next Article;
(c)
performances transmitted through broadcasts listed in Article 9, item (iii),

excluding, however, those recorded in sound or visual recordings before transmission with the consent of the performers concerned;

(vi)
in addition to those listed in the preceding five items, any of the following performances:
(a)
a performances which take place in a Contracting Party to the WIPO
Performances and Phonograms Treaty (hereinafter referred to as "the WPPT");
(b)
performances fixed in the phonograms listed in item (iv) of the next Article;

(vii) in addition to those listed in the preceding six items, any of the following performances:

(a)
performances which take place in a member state of the World Trade Organization;
(b)
performances fixed in phonograms listed in item (v) of the next Article;
(c)
performances transmitted through broadcasts listed in Article 9, item (iv), excluding those incorporated in sound or visual recordings before transmission with the consent of the performers concerned.

(Protected phonograms)

Article 8 Only those phonograms falling under one of the following items shall receive protection under this Act:

(i)
phonograms the producers of which are Japanese nationals;
(ii)
phonograms comprising sounds first fixed within this country;

(iii) in addition to those listed in the preceding two items, any of the following phonograms:

(a)
phonograms the producers of which are nationals of any of the contracting parties to the Convention for the Protection of Performers, etc. ("nationals" includes juridical persons established under the laws and regulations of such contracting party and those who have their principal offices in such contracting party; the same shall apply hereinafter);
(b)
phonograms comprising sounds first fixed in any of the contracting parties to the Convention for the Protection of Performers, etc.;
(iv)
in addition to those listed in the preceding three items, any of the following phonograms:
(a)
phonograms the producers of which are nationals of any of the contracting

parties to the WPPT ("nationals" includes juridical persons established under the laws and regulations of such contracting party and those who have their principal offices in such contracting party; the same shall apply hereinafter);

(b)
phonograms comprising sounds first fixed in any of the contracting parties to the WPPT;
(v)
in addition to those listed in the preceding four items, any of the following phonograms:
(a)
phonograms the producers of which are nationals of any of the member states of the World Trade Organization ("nationals" includes juridical

persons established under the laws and regulations of such member state and those who have their principal offices in such member state; the same shall apply hereinafter.);

(b)
phonograms comprising sounds first fixed in any of the member states of the World Trade Organization;
(vi)
in addition to those listed in the preceding five items, phonograms which Japan has an obligation to protect under Article 1212, item (ii) of the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms (referred to as "the Phonograms Convention").

(Protected broadcasts)

Article 9 Only those broadcasts falling under one of the following items shall receive protection under this Act:

(i)
broadcasts transmitted by broadcasting organizations of Japanese nationality;
(ii)
broadcasts transmitted from broadcasting facilities located within this country;

(iii) in addition to those listed in the preceding two items, any of the following broadcasts:

(a)
broadcasts transmitted by broadcasting organizations which are nationals of any of the contracting parties to the Convention for the Protection of Performers, etc.;
(b)
broadcasts transmitted from broadcasting facilities located within any of the contracting parties of the Convention for the Protection of Performers, etc.;
(iv)
in addition to those listed in the preceding three items, any of the following broadcasts:
(a)
broadcasts transmitted by broadcasting organizations which are nationals of any of the member states of the World Trade Organization;
(b)
broadcasts transmitted from broadcasting facilities located within any of the member states of the World Trade Organization.

(Protected wirebroadcasts) Article 92 Only those wirebroadcasts falling under one of the following items shall receive protection under this Act:

(i)
wirebroadcasts transmitted by wirebroadcasting organizations of Japanese nationality (excluding, however, those wirebroadcasts having the same contents as a received broadcast; the same shall apply in the next item);
(ii)
wirebroadcasts transmitted from wirebroadcasting facilities located within this country.

Chapter II Rights of Author

Section 1 Works

(Illustrations of works) rticle 10 (1) As used in this Act, examples of "works" include, in particular, the following:

(i)
novels, [play/film] scripts, dissertations, lectures and other literary works;
(ii)
musical works;

(iii) choreographic works and pantomimes;

(iv)
paintings, engravings, sculptures and other artistic works;
(v)
architectural works;
(vi)
maps as well as diagrammatical works of a scientific nature, such as drawings, charts, and models;

(vii) cinematographic works;

(viii) photographic works;

(ix)
computer program works.
(2)
Current news reports and miscellaneous reports having the character of mere communications of facts shall not fall within the term "works" as provided in item
(i)
listed in the preceding paragraph.
(3)
The protection granted by this Act to works provided in paragraph (1), item (ix) shall not extend to any computer programming language, rule or algorithm used for creating such work. For the purpose of this provision, the following terms shall have the meanings hereby assigned to them, respectively, in each of the items below:
(i)
"computer programming language" means letters and other symbols, as well as the systems for their use, as a means of expressing a computer program;
(ii)
"[computer programming] rule" means a special rule with respect to how to use a particular computer program's computer programming language (as defined in the preceding item);

(iii) "[computer programming] algorithm" means the method of combining, in a computer program, the instructions given to a computer.

(Derivative works)

Article 11 The protection granted by this Act to derivative works shall not affect the rights of an author to the original work.

(Compilations)

Article 12 (1) Compilations (not falling within the term "databases"; the same shall apply hereinafter) which, by reason of the selection or arrangement of their contents, constitute intellectual creations shall be protected as independent works.

(2) The provision set forth in the preceding paragraph shall not affect the rights of the author to each of works forming a part of the compilations set forth in said paragraph.

(Database works) Article 122 (1) Databases which, by reason of the selection or systematic construction of information contained therein, constitute intellectual creations

shall be protected as independent works.

(2) The provision set forth in the preceding paragraph shall not affect the rights of

an author to a work which constitutes a part of a database set forth in said paragraph.

(Works not protected) Article 13 A work falling under any of the following items apply shall not constitute the subject of the rights granted by the provisions of this Chapter:

(i)
the Constitution and other laws and regulations;
(ii)
public notices, instructions, circular notices and the like issued by organs of the State or local public entities, incorporated administrative agencies ("incorporated administrative agencies " means those provided for in Article 2, paragraph (1) of the Act on General Rules for Incorporated Administrative Agency (Act No. 103 of 1999); the same shall apply hereinafter) or local incorporated administrative agencies ("local incorporated administrative agencies" means those provided for in Article 2, paragraph (1) of the Act on

Local Incorporated Administrative Agencies (Act No. 118 of 2003); the same shall apply hereinafter);

(iii) judgments, decisions, orders and decrees of courts, as well as rulings and judgments made by government agencies in proceedings of a quasijudicial nature;

(iv) translations and compilations prepared by organs of the State or local public

entities, incorporated administrative agencies or local incorporated administrative agencies of [any of] the materials listed in the preceding three items.

Section 2 Authors

(Presumption of authorship)

Article 14 A person whose name or appellation (hereinafter referred to as "true name"), or whose widely known pen name, abbreviation or other substitute for his true name (hereinafter referred to as "pseudonym"), is indicated as the name of the author in the customary manner on the original of his work or when his work is offered to or made available to the public, shall be presumed to be the author of such work.

(Authorship of a work made by an employee in the course of his duties)

Article 15 (1) The authorship of a work (except a computer program work) which, on the initiative of a juridical person or other employer (hereinafter in this Article referred to as "juridical person, etc."), is made by an employee in the course of the performance of his duties in connection with the juridical person, etc.'s business and is made public by such juridical person, etc. as a work under its own name, shall be attributed to such juridical person, etc., unless otherwise stipulated by

contract, work regulations or the like at the time of the making of the work.

(2) The authorship of a computer program work which, on the initiative of a juridical person, etc. is made by an employee in the course of his duties in connection with the juridical person, etc.'s business, shall be attributed to such

juridical person, etc., unless otherwise stipulated by contract, work regulations or the like at the time of the making of the work.

(Authorship of cinematographic work)

Article 16 The authorship of a cinematographic work shall be attributed to those who, by taking charge of producing, directing, filming, art direction, etc., have creatively contributed to the creation of such cinematographic work as a whole, excluding, however, authors of novels, [play/film] scripts, music or other works adapted or reproduced in such cinematographic work; provided, however, that the foregoing shall not apply where the provisions of the preceding Article are applicable.

Section 3 Contents of Rights

Subsection 1 General Provisions

(Rights of author)

Article 17 (1) An author shall enjoy the rights provided for in paragraph (1) of the next Article, Article 19, paragraph (1) and Article 20, paragraph (1)(hereinafter referred to as "moral rights of author") as well as the rights provided for in Articles 21 to 28 (hereinafter referred to as "copyright").

(2) Enjoyment of the moral rights of author and copyrights shall not be subject to any formality.

Subsection 2 Moral rights of author

(Right to make the work public)

Article 18 (1) An author shall have the right to offer and to make available to the public any work of his which has not yet been made public (which shall include a work already made public without the author's consent; hereinafter the same shall apply in this Article). The same shall apply to any derivative works arising from the author's said work.

(2)
In the cases listed in each of the items below, the author shall be presumed to have consented to the acts listed in such item:
(i)
where the copyright in a work not yet made public has been transferred: the offering and the making available to the public of such work by exercise of the copyright thereto;
(ii)
where the original of an artistic or photographic work not yet made public has been transferred: the making available to the public of such work by exhibition of its original;

(iii) where the ownership of copyright in a cinematographic work belongs to the maker of the cinematographic work pursuant to the provisions of Article 29: the offering and the making available to the public of such work by exercising the

copyright thereto.

(3)
In the cases listed in each of the items below, the author shall be deemed to have consented to the acts listed in such item:
(i)
where a work not yet made public has been offered to an administrative organ (an "administrative organ" means any of those provided for in Article 2, paragraph (1) of the Act on Access to Information Held by Administrative Organs (Act No. 42 of 1999; hereinafter referred to as "the Administrative

Organs Information Disclosure Act")), except, however, in the case where

manifestation of intention of the author to the contrary has been made by the

time when the decision to disclose has been made pursuant to the provision of Article 9, paragraph (1) of the Administrative Organs Information Disclosure Act: the offering and the making available to the public of such work by the head of the administrative organ pursuant to the provisions of the Administrative Organs Information Disclosure Act;

(ii) where a work not yet made public has been offered to incorporated administrative agencies, etc. ("incorporated administrative agencies, etc." means any of those provided for in Article 2, paragraph (1) of the Act on Access to Information Held by Incorporated Administrative Agencies (Act No. 140 of

2001; hereinafter referred to as "the Incorporated Administrative Agencies, etc. Information Disclosure Act")), except in the case where the author's manifestation of intention to the contrary has been made by the time when the decision to disclose has been made pursuant to the provision of Article 9, paragraph (1) of the Incorporated Administrative Agencies, etc. Information Disclosure Act: the offering and the making available to the public of the work

by an incorporated administrative agencies, etc. pursuant to the provisions of the Incorporated Administrative Agencies, etc. Information Disclosure Act;

(iii) where a work not yet made public has been offered to a local public entity or local independent administrative agency (except in the case where the author's

manifestation of intention on the contrary has been made by the time when the decision to disclose has been made): the offering and the making available to the public of the work by the relevant organ of a local public entity or local

independent administrative agency pursuant to the provisions of the relevant

Information Disclosure Ordinance ("the Information Disclosure Ordinance" means the regulations of the relevant local public entity or local independent

administrative agency which provide for the right of residents, etc. to request the Disclosure of Information possessed by such entity or agency; the same

shall apply hereinafter).

(4)
The provisions of paragraph (1) shall not apply in any of the following cases:
(i)
where a work, which has not yet been made public and in which information

prescribed in Article 5, item (i) (b) or (c) or the proviso to Article 5, item (ii) of the Administrative Organs information Disclosure Act has been recorded, is offered or made available to the public by the head of an administrative organ

pursuant to the provisions of said Article, or where a work, which has not yet been made public, is offered or made available to the public by the head of an administrative organ pursuant to the provisions of Article 7 of the Administrative Organs Information Disclosure Act;

(ii) where a work, which has not yet been made public and in which information prescribed in Article 5, item (i) (b) or (c) or the provisions of Article 5, item (ii) of the Incorporated Administrative Agencies, etc. Information Disclosure Act has been recorded, is offered or made available to the public by an independent administrative agency, etc. pursuant to the provisions of said Article, or where

a work which has not yet been made public, is offered or made public to the public by an independent administrative agency, etc. pursuant to the provisions of Article 7 of the Incorporated Administrative Agencies, etc. Information Disclosure Act;

(iii) where a work which has not yet been made public (and in which information equivalent to that provided for in Article 5, item (i) (b) or the proviso to Article 5, item (ii) of the Administrative Organs Information Disclosure Act is recorded) is offered or made available to the public by an organ of a local public entity or a local independent administrative agency pursuant to the provisions of the information Disclosure Ordinance (which have provisions equivalent to Article 13, paragraphs (2) and (3) of the Administrative Organs Information Disclosure Act; the same shall apply in item (v));

(iv) where a work which has not yet been made public (and in which information equivalent to that provided for in Article 5, item (i) (c) of the Administrative Organs Information Disclosure Act has been recorded) is offered or made available to the public by an organ of a local public entity or a local

independent administrative agency pursuant to the provisions of the Information Disclosure Ordinance;

(v) where a work which has not yet been made public is offered or made available to the public by an organ of a local public entity or a local independent administrative agency pursuant to provisions of the Information Disclosure Ordinance that are the equivalent of those of Article 7 of the Administrative Organs Information Disclosure Act.

(Right to determine the indication of the author's name)

Article 19 (1) The author shall have the right to determine whether or not his name should be indicated as the work's author, and if so, whether his true name or a pseudonym should be indicated as such on the original of his work or when his work is offered or made available to the public. The author shall have the same right with respect to the indication of the author's name when derivative works from his work are offered or presented to the public.

(2)
In the absence of the author's manifestation of intention to the contrary, a person exploiting the author's work may indicate the name of the author in the same manner as already adopted by the author.
(3)
It is permissible to omit the name of the author where, to the extent compatible with fair practice, it is determined that there is no risk of damage to the interests of the author in his claim to authorship in light of the purpose and the manner of

the exploitation of the work.

(4)
The provisions of paragraph (1) shall not apply in any of the following cases:
(i)
when the name of the author is to be indicated in the same manner as already
adopted by the author when said work was offered or made available to the public by the head of an administrative organ, by an independent administrative agency, etc. or by an organ of a local public entity or a local independent administrative agency pursuant to the provisions of the Administrative Organs Information Disclosure Act, the Incorporated Administrative Agencies, etc. Information Disclosure Act or the Information Disclosure Ordinances;
(ii)
when the name of the author is to be omitted at the time that his work is offered or made available to the public by the head of an administrative organ, by an independent administrative agency, etc. or by an organ of a local public entity or a local independent administrative agency pursuant to the provisions of Article 6, paragraph (2) of the Administrative Organs Information Disclosure

Act, the provisions of Article 6, paragraph (2) of the Incorporated Administrative Agencies, etc. Information Disclosure Act or the provisions of the Information Disclosure Ordinance equivalent to Article 6, paragraph (2) of the Administrative Organs Information Disclosure Act.

(Right to maintain integrity)

Article 20 (1) The author shall have the right to maintain the integrity of his work and its title, and no distortion, mutilation or other modification thereof shall be made against his intent.

(2)
The provisions of the preceding paragraph shall not apply to any of the following modifications:
(i)
a change of ideographs or words or other modifications considered unavoidable for school educational purposes where the exploitation of a work is made pursuant to the provisions of Article 33, paragraph (1) (including the case where it is applied mutatis mutandis pursuant to paragraph (4) of the same Article), Article 332, paragraph (1) or Article 34, paragraph (1);
(ii)
a modification of an architectural work by means of extension, rebuilding, repairing, or remodeling;

(iii) a modification which is necessary to enable the use on a particular computer of a computer program work that is otherwise unusable on such computer, or to make more effective use of a computer program work on a computer;

(iv) in addition to those listed in the preceding three items, modifications that are

considered unavoidable in light of the nature of a work as well as the purpose of and the manner of its exploitation.

Subsection 3 Types of Rights Comprising a Copyright

(Right of reproduction) Article 21 The author shall have the exclusive right to reproduce his work.

(Right of performance)

Article 22 The author shall have the exclusive right to perform his work publicly ("publicly" means for the purpose of making a work seen or heard directly by the public; the same shall apply hereinafter).

(Right of screen presentation)

Article 222 The author shall have the exclusive right to make his work publicly available by screen presentation.

(Rights of public transmission, etc.) Article 23 (1) The author shall have the exclusive right to effect a public transmission of his work (including, in the case of automatic public transmission, making his work transmittable).

(2) The author shall have the exclusive right to communicate publicly any work of

his which has been publicly transmitted, by means of a receiving apparatus receiving such public transmission.

(Right of recitation)

Article 24 The author of a literary work shall have the exclusive right to recite his work publicly.

(Right of exhibition) Article 25 The author of an artistic work or of an unpublished photographic work shal