Page:Copyright Act of Japan (2006).djvu/38

 of time.


 * (2)　A reproduction of a work made pursuant to the provisions of the preceding paragraph shall indicate that it is a reproduction made pursuant to a ruling [for compulsory license] issued pursuant to the provisions of said paragraph and the date when said ruling [for compulsory license] was issued.

(Broadcasting of a work) Article 68
 * (1) A broadcasting organization which wishes to broadcast a work that has already been made public may, after first requesting consultation with the work's copyright holder regarding authorization to broadcast the work and failing to reach agreement through such consultation, or when unable to enter into consultation with the work's copyright holder regarding such authorization, broadcast such work under the authority of a ruling [for compulsory license] issued by the Commissioner of the Agency for Cultural Affairs and upon payment to the copyright holder of compensation in the amount fixed by the Commissioner as corresponding to the ordinary amount of royalty therefor.


 * (2)　Works broadcasted pursuant to the provisions of the preceding paragraph may also transmitted by wire-broadcast or automatic public transmission to be received exclusively in a Broadcasting Service Area pertaining to these broadcasts (including making a work transmittable by means of inputting information into an automatic public transmission server already connected to a telecommunications line which is provided for use by the public), or communicated to the public by means of a receiving appara.us. In such case, the person making such wire-broadcast, automatic public transmission or communication to the public must pay to the copyright holder compensation in an amount corresponding to the ordinary amount of royalty therefor, except in the case where the provisions of Article 38, paragraph (2) or (3) are applicable.

(Recording, etc. on a commercial phonogram) Article 69

When a commercial phonogram has been sold for the first time in this country and three years have passed from the date of the first sale of such commercial phonogram, a person wishing to make a sound recording of a musical work recorded on such phonogram with the authorization of such musical work's copyright holder and to thereby manufacture a different commercial phonogram may, after first requesting consultation with the music work's copyright holder regarding authorization to make a sound recording of such work or to offer such sound recording to the public and failing to reach agreement through such consultation, or when unable to enter into consultation with the work's copyright holder, make such sound recording or offer such sound recording to the public by transfer of ownership under the authority Rh