ownership of the reproductions made pursuant to these provisions. The foregoing, however, shall not apply where the ownership of reproductions of Works made pursuant to the provisions of Article 31, item (i), Article 33-2, paragraph (1), Article 35, paragraph (1), Article 41, 42 or 42-2 (excluding, however, in cases involving the provisions of Article 3l, item (i), Article 33-2, paragraph (1), Article 35, paragraph (1) or Article 42, copies of cinematographic works) is transferred to the public for purposes other than those provided for in Article 31, item (i), Article 35, paragraph (1), Article 41, 42 or 42-2.
(Clear indication of source)
Article 48
- (1) In each of the cases listed in the items below, the source of the work as provided for in such item must be clearly indicated in the manner and to the extent deemed reasonable in light of the manner of the reproduction and/or exploitation:
- (i) where reproduction of works is made pursuant to the provisions of Article 32, Article 33, paragraph (1) (including the case where applied mutatis mutandis pursuant to the provisions of paragraph (4) of the same Article), Article 33-2, paragraph (1), Article 37, paragraph (1) or Article 42 or Article 47;
- (ii) where exploitation of works is made pursuant to the provisions of Article 34, paragraph (1), Article 37, paragraph (3), Article 37-2, Article 39, paragraph (1), or Article 40, paragraph (1) or (2);
- (iii) where exploitation of works, by means other than by reproduction, is made pursuant to the provisions of Article 32, or where exploitation of works is made pursuant to the provisions of Article 35, Article 36, paragraph (1), Article 38, paragraph (1), or Article 41 or 46, if, in each case, standard practice so requires.
- (2) When clearly indicating the source in accordance with the preceding paragraph, the name of the author that appears on said work must be indicated, except in cases where the author's name is clearly identifiable as a result of such clear indication or where the work is anonymous.
- (3) Where exploitation is made of works by translating, arranging musically, transforming or adapting them pursuant to the provision of Article 43, clear indication of the source of the work must be made, as provided for in the provisions of the preceding two paragraphs.
(Uses, etc. of reproductions for other purposes)
Article 49
- (1) The following person shall be deemed to have made a reproduction as provided for in Article 21:
- (i) a person who either (a) distributed reproductions of works made pursuant to, but for purposes other than those provided for in, the provisions of Article 30,
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