(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 wire-broadcasts, 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 public 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, recording-tapes 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;
- (vii-2) "public transmission" means the transmission, by wireless communications or wire-telecommunications, 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
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