Page:Copyright Act of Japan (2006).djvu/13

 juridical person, etc., unless otherwise stipulated by contract, work regulations or the like at the time of the making of the work.

(Authorship of cinematographic work) Article 16
 * The authorship of a cinematographic work shall be attributed to those who, by taking charge of producing, directing, filming, art direction, etc., have creatively contributed to the creation of such cinematographic work as a whole, excluding, however, authors of novels, [play/film] scripts, music or other works adapted or reproduced in such cinematographic work; provided, however, that the foregoing shall not apply where the provisions of the preceding Article are applicable.


 * Section 3 Contents of Rights


 * Subsection 1 General Provisions

(Rights of author) Article 17
 * (1) An author shall enjoy the rights provided for in paragraph (1) of the next Article, Article 19, paragraph (1) and Article 20, paragraph (1)(hereinafter referred to as "moral rights of author") as well as the rights provided for in Articles 21 to 28 (hereinafter referred to as "copyright").
 * (2) Enjoyment of the moral rights of author and copyrights shall not be subject to any formality.


 * Subsection 2 Moral rights of author

(Right to make the work public) Article 18


 * (1) An author shall have the right to offer and to make available to the public any work of his which has not yet been made public (which shall include a work already made public without the author's consent; hereinafter the same shall apply in this Article). The same shall apply to any derivative works arising from the author's said work.
 * (2) In the cases listed in each of the items below, the author shall be presumed to have consented to the acts listed in such item:


 * (i)　where the copyright in a work not yet made public has been transferred:　the offering and the making available to the public of such work by exercise of the copyright thereto;


 * (ii)　where the original of an artistic or photographic work not yet made public has been transferred:　the making available to the public of such work by exhibition of its original;


 * (iii)　where the ownership of copyright in a cinematographic work belongs to the maker of the cinematographic work pursuant to the provisions of Article 29:

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