purposes, to broadcast, or wire-broadcast, or make an automatic public transmission (including making a work transmittable by means of inputting information into an automatic public transmission server already connected to a telecommunications line which is provided for use by the public) for the purpose of such broadcasts being transmitted and simultaneously received exclusively in a Broadcasting Service Area pertaining to these broadcasts ("Broadcasting Service Area" means such Broadcasting Service Area as provided for in Article 2-2, paragraph (2), item (ii) of the Broadcast Act (Act No. 12 of 1950), or for broadcasts for areas not provided in this law a Service Area as provided in Article 14, paragraph (3), item (iii) of the Radio Law (Act No.131 of 1950); the same shall apply hereinafter), a work already made public, in educational broadcast programs or educational wire-broadcast programs which conform to the education course standards established by the laws and regulations on school education, and to reproduce such already-made-public work in teaching materials for these broadcasted and wire-broadcasted programs.
- (2) A person who exploits a work pursuant to the preceding paragraph shall give notice to the [work's] author and pay to the copyright holder a reasonable amount of compensation.
(Reproduction, etc. in schools and other educational institutions)
Article 35
- (1) A person who teaches a lesson, and those who receive the lesson, in a school or other educational institutions (excluding, however, those institutions established for profit-making purposes) may, if and to the extent deemed necessary for use in the course of the lesson, reproduce a work already made public; provided, however, that the foregoing shall not apply in the case where such reproduction is likely to unreasonably prejudice the interests of the copyright holder in light of the type and the usage of the work as well as the number of copies and the manner of reproduction.
- (2) When, in the course of a lesson at an educational institution set forth in the preceding paragraph, exploiting a work already made public, by (a) offering or presenting the original or reproductions of such work to those who directly take lessons, or (b) by performing, presenting or reciting it pursuant to the provisions of Article 38, paragraph (1), it shall be permissible to make public transmissions of such work (including, in the case of an automatic public transmission, making such work transmittable) for reception by those who are receiving the same lesson at the same time but at a location other than where such lesson is being given; provided, however, that the foregoing shall not apply in the case where such public transmission is likely to unreasonably prejudice the interests of the copyright holder in light of the type and the usage of the work as well as the manner of the public transmission.
