Page:Copyright Act of Japan (2006).djvu/35

 the beginning of the year following the year in which the death of the author, the making public of the work or the creation of the work, as the case may be, occurred.

(Special provisions for the term of protection) Article 58

If the country of origin of a work (other than a work with respect to which Article 6, item (i) is applicable) is a foreign state which is a member of the International Union established by the Berne Convention for the Protection of Literary and Art.stic Works, a contracting party to the WIPO Copyright Treaty or a member state of the World Trade Organization pursuant to the provisions of the Berne Convention, the WIPO Treaty or the Marrakech Agreement Establishing the World Trade Organization, as the case may be, and if the duration of the copyright therein granted by that country of origin is shorter than that provided for in Articles 51 to 54, then the duration of the copyright shall be that granted by said country of origin.


 * Section 5 Personal Nature of Moral Rights of Author, etc.

(Personal nature of moral rights of author) Article 59

The moral rights of author shall be personal and exclusive to the author and cannot be transferred.

(Protection of moral interests after author's death) Article 60

Even after the death of the author, no person who offers or makes available a work to the public may commit an act which would constitute an act of infringement upon the moral rights of author if the author were alive; provided, however, that the foregoing shall not apply to such act where it is found to not be against the will of the author in light of the nature and extent of the act as well as changes in social circumstances and other conditions.


 * Section 6 Transfer and Expiry of Copyright

(Transfer of copyright) Article 61


 * (1) A copyright may be transferred in whole or in part.


 * (2) Where a contract for the transfer of a copyright makes no particular reference to the rights provided for in Article 27 or 28 as the rights being transferred thereunder, it shall be presumed that such rights have been reserved to the transferor.

(Termination of copyright in the absence of heirs, etc.) Article 62


 * (1) A copyright shall terminate in the following cases:

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