by a person who, at the time of acquiring ownership of said original or reproduction of a work, sound or visual recording of a performance or reproduction of a phonogram did not know, and was not negligent in not knowing, that such original or reproduction of a work, sound or visual recording of a performance or reproduction of a phonogram did not fall under any of the items of Article 26-2, paragraph (2), Article 95-2, paragraph (3) or Article 97-2, paragraph (2), respectively, shall be deemed to not constitute an act of infringement on the rights provided for in Article 26-2, paragraph (1), Article 95-2, paragraph (1) or Article 97-2, paragraph (1), as the case may be.
(Presumption of amount of damages, etc.)
Article 114
- (1) In the case where the copyright holder, the holder of the right of publication or the holder of the neighboring rights (in this paragraph referred to below as "the copyright holder, etc.") asserts against a person who intentionally or negligently infringes upon the holder's copyright, right of publication or neighboring rights, as the case may be, a claim for compensation for damages sustained by said holder as a result of such infringement, and such infringer has transferred the ownership of the object made by way of such an act of infringement or has made a public transmission (including, in the case of an automatic public transmission, by making transmittable) constituting such an act of infringement, then the amount obtained by multiplying [(a)] the number of objects the ownership of which has been so transferred or the number of reproductions of works or performance, etc. made as a result of reception by the public of such public transmissions (in this paragraph referred to below as "the reception reproductions"), as the case may be (such number is in this paragraph referred to below as "the number transferred, etc."), by [(b)] the per unit profit of the objects (including reception reproductions) that the copyright holder, etc. could have sold had there been no such act of infringement, can be regarded as the amount of damages suffered by such copyright holder, etc., but only within the limit of the copyright holder's ability to sell or take other [similar] actions with respect to said objects. However, when there exist circumstances under which the copyright holder, etc. could not have sold such objects in such number corresponding, in whole or in part, to the number transferred, etc., then the amount corresponding to such number shall be deducted.
- (2) In the case where the copyright holder, the holder of the right of publication or the holder of the neighboring rights asserts against a person who, intentionally or negligently, infringes on such holder's copyright, right of publication or neighboring rights, a claim for compensation for damages sustained, the profits, if any, obtained by the infringer by way of said his infringement will be presumed to be the amount of damages suffered by such copyright
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