Page:Copyright Act of Japan (2006).djvu/39

 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.

(Procedures and standards for a ruling [for compulsory license]) Article 70
 * (1) Applicants for a ruling [for compulsory license] provided for in Article 67, paragraph (1), Article 68, paragraph (1) or the preceding Article shall pay an application fee, the amount of which shall be fixed by Cabinet Order taking into account the actual costs thereof.


 * (2)　The provisions of the preceding paragraph shall not apply to cases where the person who would [otherwise] be required to pay the application fee pursuant to the provisions of said paragraph is the State or an independent administrative agency designated by Cabinet Order by taking into consideration the nature of its business or other circumstances (in Article 78, paragraph (5) and Article 107, paragraph (2), collectively referred to as "the State, etc.").


 * (3)　Upon receipt of an application for a ruling [for compulsory license] provided for in Article 68, paragraph (1) or the preceding Article, the Commissioner of the Agency for Cultural Affairs shall notify the copyright holder concerned of such application and afford him an opportunity to state his opinion within a reasonable period of time specified by the Commissioner.


 * (4)　Upon receipt of an application for a ruling [for compulsory license] provided for in Article 67, paragraph (1), Article 68, paragraph (1) or the preceding Article, the Commissioner of the Agency for Cultural Affairs shall not issue such a ruling [for compulsory license] when he finds that any of the following items applies:


 * (i)　that it is clear that the author has the intention to forever cease the publication or other exploitation of his work; or


 * (ii)　that unavoidable circumstances will not permit the copyright holder whose work is the subject of the application for a ruling [for compulsory license] provided for in Article 68, paragraph (1) to give the authorization to broadcast said work.


 * (5)　When, as per the provisions of the preceding paragraph, the Commissioner of the Agency for Cultural Affairs intends to not issue the ruling [for compulsory license], it shall give advance notice to the applicant of its reasons for such refusal and afford the applicant an opportunity to explain his case and furnish evidence in support thereof. When [finally] making the decision to refuse to issue a ruling [for compulsory license], the Commissioner shall notify the applicant of such denial, in writing, accompanied by the reasons therefor.


 * (6)　Upon issuance of the ruling [for compulsory license] provided for in Article 67,

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