关于知识产权 知识产权培训 树立尊重知识产权的风尚 知识产权外联 部门知识产权 知识产权和热点议题 特定领域知识产权 专利和技术信息 商标信息 工业品外观设计信息 地理标志信息 植物品种信息(UPOV) 知识产权法律、条约和判决 知识产权资源 知识产权报告 专利保护 商标保护 工业品外观设计保护 地理标志保护 植物品种保护(UPOV) 知识产权争议解决 知识产权局业务解决方案 知识产权服务缴费 谈判与决策 发展合作 创新支持 公私伙伴关系 人工智能工具和服务 组织简介 与产权组织合作 问责制 专利 商标 工业品外观设计 地理标志 版权 商业秘密 WIPO学院 讲习班和研讨会 知识产权执法 WIPO ALERT 宣传 世界知识产权日 WIPO杂志 案例研究和成功故事 知识产权新闻 产权组织奖 企业 高校 土著人民 司法机构 遗传资源、传统知识和传统文化表现形式 经济学 性别平等 全球卫生 气候变化 竞争政策 可持续发展目标 前沿技术 移动应用 体育 旅游 PATENTSCOPE 专利分析 国际专利分类 ARDI - 研究促进创新 ASPI - 专业化专利信息 全球品牌数据库 马德里监视器 Article 6ter Express数据库 尼斯分类 维也纳分类 全球外观设计数据库 国际外观设计公报 Hague Express数据库 洛迦诺分类 Lisbon Express数据库 全球品牌数据库地理标志信息 PLUTO植物品种数据库 GENIE数据库 产权组织管理的条约 WIPO Lex - 知识产权法律、条约和判决 产权组织标准 知识产权统计 WIPO Pearl(术语) 产权组织出版物 国家知识产权概况 产权组织知识中心 产权组织技术趋势 全球创新指数 世界知识产权报告 PCT - 国际专利体系 ePCT 布达佩斯 - 国际微生物保藏体系 马德里 - 国际商标体系 eMadrid 第六条之三(徽章、旗帜、国徽) 海牙 - 国际外观设计体系 eHague 里斯本 - 国际地理标志体系 eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange 调解 仲裁 专家裁决 域名争议 检索和审查集中式接入(CASE) 数字查询服务(DAS) WIPO Pay 产权组织往来账户 产权组织各大会 常设委员会 会议日历 WIPO Webcast 产权组织正式文件 发展议程 技术援助 知识产权培训机构 COVID-19支持 国家知识产权战略 政策和立法咨询 合作枢纽 技术与创新支持中心(TISC) 技术转移 发明人援助计划(IAP) WIPO GREEN 产权组织的PAT-INFORMED 无障碍图书联合会 产权组织服务创作者 WIPO Translate 语音转文字 分类助手 成员国 观察员 总干事 部门活动 驻外办事处 职位空缺 采购 成果和预算 财务报告 监督
Arabic English Spanish French Russian Chinese
法律 条约 判决书 按司法管辖区搜索

日本

JP042

返回

Act on Special Provisions of the Exceptional Provisions to the Copyright Act, required as a consequence of the Enforcement of the Universal Copyright Convention

 Act on Special Provisions of the Exceptional Provisions to the Copyright Act, required as a consequence of the Enforcement of the Universal Copyright Convention

(Purpose)

2. LAW CONCERNING THE EXCEPTIONAL PROVISIONS

TO THE COPYRIGHT LAW REQUIRED IN CONSEQUENCE

OF THE ENFORCEMENT OF THE UNIVERSAL

COPYRIGHT CONVENTION

(Law No.86, of April 28, 1956,

as amended up to May 8, 2000 by Law No.56)

Article 1.- The purpose of this Law is to provide, in consequence of the en­

forcement of the Universal Copyright Convention, for the exceptional provi­

sions to the Copyright Law (Law No. 48, of 1970).

(Definition)

Article 2. - (1) In this Law, " the Universal Convention" means the

Universal Copyright Convention.

(2) In this Law, "publication" means the publication as defined in Article

VI of the Universal Convention.

(3) In this Law, "right of translation" means the right of translation as de­

fined in Article V of the Universal Convention.

(Exceptional provisions for the term of protection of a work)

Article 3.- (1) In cases where an unpublished work of a national of a

Contracting State or a work first published in a Contracting State which is

protected under the Copyright Law in accordance with the provisions of

Article ll of the Universal Convention has ceased to be granted the protection

at the expiration of the term of protection under the legislation of the

C�ntracting State concerned, the term of protection for the work shall, not­ withstanding the provision of the Copyright Law, only last until the date of

expiration of the term of protection under the legislation of the Contracting

State.

(2) An unpublished work of a national of a Contracting State or a work

first published in a Contracting State not belonging to the class of works

- 194 -

protected under the legislation of the Contracting State shall not enjoy the

protection otherwise granted under the Copyright Law in accordance with the

provisions of Article IT of the Universal Convention.

Article 4.-(1) For the purpose of the provisions of the preceding Article,

the work of a national of a Contracting State of the Universal Convention,

first published in a non-Contracting State, shall be treated as if first pub­

lished in the Contracting State.

(2) For the purpose of the provisions of the preceding Article, in case of si­

multaneous publication in two or more Contracting States of the Universal

Convention, the work shall be treated as if first published in the State which

affords the shortest term of protection; any work published in two or more

Contracting States within thirty days of its first publication shall be consid­

ered as having been published simultaneously in the said Contracting States.

(Exceptional provisions for the right of translation)

Article 5.-(1) If any of the following items is applicable in cases where,

after the expiration of a period of seven years from the year following the

year to which belongs the date of the first publication of a writing protected

under the Copyright Law in accordance with the Universal Convention, a

translation by the owner of the right of translation or with his authorization,

of such writing has not been published in Japanese or has been so published

but is out of print, a Japanese national may publish a translation of such

writing in Japanese as prescribed by Cabinet Order, subject to a license of the

Commissioner of the Agency for Cultural Affairs; provided that, prior to the

publication thereof, a compensation which is just and conforms to interna­

tional standards and which is approved by the Commissioner of the Agency

for Cultural Affairs shall, in whole or in part, be paid to the owner of the

right of translation or be deposited in behalf of him, as prescribed by Cabinet

Order:

(i) in cases where the applicant has requested, and been denied, the

authorization by the owner of the right of translation to translate and pub­

lish the translation;

(ii) in cases where due diligence exercised by the applicant has failed to

find the owner of the right of translation.

(2) In the case failing under item (ii) of the preceding paragraph, the

- 196 -

applicant for a license under said paragraph shall send copies of his applica­

tion to the publisher whose name appears on the work and, if the nationality

of the owner of the right of translation is known, to the diplomatic or consu­

lar representative of the State of which such owner is a .national, or to the or­

ganization which may have been designated by the goverment of that State,

and he shall also send to the Commissioner of the Agency for Cultural Affairs

a report that the copies have been sent.

(3) The Commissioner of the Agency for Cultural Affairs shall not grant a

license under paragraph (1) before the expiration of a period of two months

from the date of the dispatch under the provisions of the preceding paragraph

of the copies of the application.

(4) The Commissioner of the Agency for Cultural Affairs shall, when in­

tending to grant an approval under the proviso to paragraph (1), consult the

Culture Council.

Article 6.- A licensee under paragraph (1) of the preceding Article shall not

transfer the right to publish a translation under the relevant license.

Article 7.- The original title, the name of the author of the work and other

matters shall be printed on the copies of the translation licensed under para­

graph (1) of Article 5, as prescribed by Cabinet Order.

Article 8.- A translation licensed under paragraph (1) of Article 5 shall not

be exported to a State other than the States parties to the Universal

Convention as designated by Cabinet Oder.

(Stateless presons and refugees)

Article 9.- Stateless persons and refugees who have their habitual residence

in a State party to the Protocol annexed to the Universal Convention concern­

ing the application of that Convention to the works of stateless persons and

refugees shall, for the purpose of the provisions of Articles 3 to 5, be assimi­

lated to the nationals of that State.

(Works protected under the Berne Convention, etc.)

Article 10.-This Law shall not be applicable to the works whose country of

origin, within the meaning of the Berne Convention for the Protection of

- 198 -

Literary and Artistic Works, the WIPO Copyright Treaty or the Marrakesh

Agreement Establishing the Wodd Trade Organization, respectively, is a

member of the International Union established by the Berne Convention, a

Contracting State of the WIPO Treaty or a member of the Wodd Trade

Organization; provided that the provisions of Articles 5 to 8 shall be applica­

ble to the licensee who has got the license under paragraph (1) of Article 5 or

the translation which has been licensed under the said paragraph before the

works become the work of which such member is the country of origin.

(Works protected under Article 12 of the Treaty of Peace with Japan)

Article 11.-The Allied Powers which are States defined in Article 25 of the

Treaty of Peace with Japan and which are Contracting States of the Universal

Convention on the effective date of this Law, and their nationals shall, inso­

far as the works enjoying the protection under the old Copyright Law (Law

No.39, of 1899) in accordance with the provisions of Article 12 of the said

Treaty on the effective date of this Law are concerned, continue to·enjoy the

same protection and, insofar as the works enjoying such protection on the ef­

fective date of the Copyright Law are concerned, to enjoy after the enforce­

ment of this Law.

(Mandate to Cabinet Order)

Article 12.- Other than those provided for in this Law, necessary matters

for the enforcement of this Law shall be prescribed by Cabinet Order.

Supplementary Provisions (Extract)

(Effective Date)

1.- This Law shall come into force as from the day on which the Universal

Convention becomes effective with respect to Japan. (This Law came into

force as from April 28, 1956.)

(Transitional Provision)

2.-This Law (except Article 11) shall not apply to unpublished works pro­

duced prior to the enforcement of this Law and works published prior to the

enforcement of this Law.

-200-

Supplementary Provisions (Extract) (Law No.56, of 2000)

(Date of enforcement)

1.- This Law shall come into force on January 1, 2001. However, the

amended provisions of Article 58 of the Copyright Law in Article 1 and the

provisions of Article 2 shall come into force as from the day on which the

WIPO Copyright Treaty becomes effective with respect to Japan.

-202-