materials, and/or make necessary recommendations for improving the manner of the execution of said association's business.
- (10) The amount of the secondary use fee which the association set forth in paragraph (5) may demand on behalf of the rightholder pursuant to the provisions of paragraph (5) shall be fixed each year by consultation between said association and [each of] the broadcasting organizations, etc. or federation of the broadcasting organizations, etc.
- (11) If the consultation set forth in the preceding paragraph does not result in an agreement, the parties concerned may, as provided by Cabinet Order, request that the Commissioner of the Agency for Cultural Affairs issue a ruling [for compulsory license] fixing the amount of the secondary use fees provided for in the preceding paragraph.
- (12) The provisions of Article 70, paragraphs (3), (6) and (7), as well as those of Articles 71 to 74, shall apply mutatis mutandis to the ruling [for compulsory license] and the secondary use fees provided for in the preceding paragraph. In such case, the term "the copyright holder" in Article 70, paragraph (3) shall be deemed to be replaced with "the parties concerned", the term "the exploiter of the work" in Article 72, paragraph (2) shall be deemed to be replaced with "broadcasting organizations, etc. provided for in Article 95, paragraph (1)", the term "the copyright holder" in the same paragraph shall be deemed to be replaced with "the association provided for in paragraph (5) of the same Article, and the term "the copyright holder" in Article 74 shall be deemed to be replaced with "the association provided for in Article 95, paragraph (5)".
- (13) The provisions of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade (Act No. 54 of 1947) shall not apply to the determination resulting from the consultation provided for in paragraph (10) and to the acts done on the basis of such determination; provided, however, that the foregoing shall not apply where unfair trade practices are used or where application of the foregoing would unreasonably harm the interests of businesses concerned.
- (14) In addition to those matters provided for in paragraphs (5) to the preceding paragraph, other necessary matters regarding the payment of the secondary use fees provided for in paragraph (1) and the association provided for in paragraph (5) shall be provided for by Cabinet Order.
(Right to transfer ownership)
Article 95-2
- (1) The performer shall have the exclusive right to offer his performance to the public by transferring ownership of sound or visual recordings of his performance.
- (2) The provisions of the preceding paragraph shall not apply to the following performances:
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