- (iv) that it has sufficient ability to perform properly the business of exercising for rightholders the right to receive compensation for private sound and visual recordings (including the business pertaining to the activities provided for in Article 104-8, paragraph (1); in this Chapter referred to below as "the compensation-related business").
(Special provisions for payment of compensation for private sound and visual recordings)
Article 104-4
- (1) A purchaser of a recording machine or a recording medium designated by the Cabinet Order set forth in Article 30, paragraph (2) (in this Chapter referred to below as a "designated recording machine" and a "designated recording medium", respectively) (limited, however, to the initial purchaser of a retailed designated recording machine or designated recording medium) shall, upon request by the relevant designated management association, at the time of purchase and as a lump-sum payment of the compensation for private sound and visual recordings to be made using said designated recording machine or designated recording medium, pay the amount fixed, pursuant to the provisions of Article 104-6, paragraph (1), as the compensation for private sound and visual recordings with respect to such designated recording machine or designated recording medium, in the event that said designated management association requests such payment.
- (2) A person who has paid the compensation for private sound and visual recordings pursuant to the provisions of the preceding paragraph may request a refund from the designated management association of said compensation for private sound and visual recordings, by certifying that he uses such designated recording machine or designated recording medium exclusively for other than private sound and visual recording use.
- (3) The provisions of Article 30, paragraph (2) notwithstanding, a person who, by means of a designated recording machine for which payment of compensation for private sound and visual recordings has been requested pursuant to the provisions of paragraph (1) and paid, makes a private sound recording or a private visual recording on a designated recording medium for which payment of compensation for private sound and visual recordings has been requested pursuant to the provisions of paragraph (1) and paid, shall not be required to pay compensation for said private sound recording or private visual recording; provided, however, that the foregoing shall not apply where said designated recording machine or designated recording medium is one with respect to which the compensation for private sound and visual recordings has been refunded pursuant to the provisions of the preceding paragraph.
(Obligation of cooperation by manufacturers, etc.)
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