100-2 to 100-5.
- (5) Enjoyment of the rights referred to in each of the preceding paragraphs shall not be subject to any formality.
- (6) The rights referred to in paragraphs (1) to (4) (other than the moral rights of performer, as well as the right to remuneration and secondary use fees referred to in paragraphs (1) and (2)), are called "neighboring rights".
(Relationship between the rights of authors and neighboring rights)
Article 90
The provisions of this Chapter shall not be construed as affecting the rights of authors.
- Section 2 Rights of Performer
(Right to indicate name)
Article 90-2
- (1) When a performer's performance is offered or made available to the public, the performer shall have the right to determine whether his name, his stage name or any other alternative to his name should be indicated as the name of the performer, or whether the name of the performer is to be indicated at all.
- (2) In the absence of any manifestation of intention by the performer to the contrary, a person exploiting a performance may indicate the name of the performer in the same manner as already adopted by the performer.
- (3) It shall be permissible to omit any indication of the name of the performer where, in light of the purpose and the manner of exploitation of a performance, it is determined that there is no risk of harming the interests of the performer to assert that he is the performer of his performance or that such omission is compatible with fair practice.
- (4) The provisions of paragraph (1) shall not apply in any of the following cases:
- (i) if the name of the performer is indicated in the same manner as already adopted by the performer when his performance is offered or made available to the public by the head of a government organization, by an incorporated administrative agency, etc. or by an organ of a local public entity or a local incorporated administrative agency pursuant to the provisions of the Administrative Organs Information Disclosure Act, the Incorporated Administrative Agencies, etc. Information Disclosure Act or Information Disclosure Ordinances;
- (ii) if the name of the performer is to be omitted at the time that his performance is offered or made available to the public by the head of an administrative organ, by an incorporated administrative agency, etc. or by an organ of a local public entity or a local incorporated administrative agency pursuant to the provisions of Article 6, paragraph (2) of the Administrative Organs
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