entitled to a right provided for in Article 26 or Article 26-2, paragraph (1) or Article 26-3.
- (2) An original work shall be deemed to have been "published" when reproductions of its translation (a form of derivative works) have been made and distributed, in such quantities as prescribed in the preceding paragraph, by a person who, pursuant to Article 28, is entitled to the same right as that provided for in Article 21 or by a person with authorization from such a person; provided, however, that the foregoing shall not apply to situations where the making and distributing of reproductions harms the rights of a person who, pursuant to the provisions of Article 28, is entitled to the same right as one of those provided for in Article 26, Article 26-2, paragraph (1) or Article 26-3 pursuant to the provisions of Article 28.
- (3) A person who would be entitled to a right under either of the preceding two paragraphs if its work were protected under this Act, as well as a person with authorization from such a person to exploit such work, shall be considered to be a person entitled to such right or a person who with authorization from such a person (as the case may be), and the provisions of the preceding two paragraphs shall apply on that basis.
(Making a work public)
Article 4
- (1) A work has been "made public" when it has been published, or when, by means of stage performance, musical performance, screen presentation, public transmission, recitation or exhibition, it has been made available to the public [in either case,] by a person entitled to the rights provided for in Articles 22 to 25 or by a person with authorization from such a person. In the case of an architectural work, a work has been "made public" when it has been constructed by a person possessing the right provided for in Article 21 or by a person with authorization from such a person.
- (2) A work shall be deemed to have been "made public" when it has been made transmittable by a person entitled to the rights provided for in Article 23, paragraph(1) or by a person with authorization from such a person.
- (3) An original work shall be deemed to have been "made public" (a) when its translation (a form of derivative works) has been made available to the public, by a person who, pursuant to the provisions of Article 28, is entitled to the same rights as those provided for in Articles 22 to 24 or by a person with authorization from such a person, by means of its stage performance, musical performance, screen presentation, public transmission or recitation, or (b) when such translation has been made transmittable by a person who, pursuant to the provisions of Article 28, is entitled to the same rights as those provided for in Article 23, paragraph(1) or by a person with authorization from such a person.
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