work.
(Reproduction, etc. of editorials on current topics)
Article 39
- (1) It shall be permissible to reproduce in other newspapers or magazines, and 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, editorials published in newspapers or magazines on current political, economic or social topics (excluding, however, those of an academic nature); provided, however, that the foregoing shall not apply if there is an indication [in or near the editorial] that such exploitation is prohibited.
- (2) It shall also be permissible to communicate to the public, by means of a receiving appara.us, editorials broadcasted or wire-broadcasted or transmitted by automatic public transmission pursuant to the provisions of the preceding paragraph.
(Exploitation of political speeches, etc.)
Article 40
- (1) It shall be permissible to exploit, by any means (other than exploitation involving a compilation of works of the same author), political speeches and statements that were delivered in public and statements delivered in the course of judicial proceedings (including administrative trials of administrative agencies and other quasi-judicial proceedings; the same shall apply in Article 42, paragraph (1)).
- (2) It shall be permissible to reproduce in newspapers and magazines, and 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, speeches and statements (other than those prescribed in the preceding paragraph) publicly delivered in organs of the State or local public entities, incorporated administrative agencies or local incorporated administrative agencies, to the extent justified for purposes of news reporting.
- (3) It shall also be permissible to communicate to the public, by means of a receiving appara.us, speeches and statements broadcasted or wire-broadcasted or transmitted by automatic public transmission in accordance with the provisions of the preceding paragraph.
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