Page:Copyright Act of Japan (2006).djvu/8

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treaty.

(Protected performances)
Article 7

Only those performances falling under one of the following items shall receive protection under this Act:
(i) performances which take place within this country;
(ii) performances fixed in the phonograms listed in item (i) or (ii) of the next Article;
(iii) performances transmitted through the broadcasts listed in Article 9, item (i) or (ii), excluding, however, those incorporated in sound or visual recordings before transmission with the consent of the performers concerned;
(iv) performances transmitted through wire-broadcasts listed in either item of Article 9-2, excluding, however, those recorded in sound or visual recordings before transmission with the consent of the performers concerned;
(v) in addition to those listed in the preceding four items, any of the following performances:
(a) performances which take place in a contracting party to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (hereinafter referred to as "the Convention for the Protection of Performers, etc.");
(b) performances fixed in phonograms listed in item (iii) of the next Article;
(c) performances transmitted through broadcasts listed in Article 9, item (iii), excluding, however, those recorded in sound or visual recordings before transmission with the consent of the performers concerned;
(vi) in addition to those listed in the preceding five items, any of the following performances:
(a) a performances which take place in a Contracting Party to the WIPO Performances and Phonograms Treaty (hereinafter referred to as "the WPPT");
(b) performances fixed in the phonograms listed in item (iv) of the next Article;
(vii) in addition to those listed in the preceding six items, any of the following performances:
(a) performances which take place in a member state of the World Trade Organization;
(b) performances fixed in phonograms listed in item (v) of the next Article;
(c) performances transmitted through broadcasts listed in Article 9, item (iv), excluding those incorporated in sound or visual recordings before transmission with the consent of the performers concerned.

(Protected phonograms)

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