Page:Copyright Act of Japan (2006).djvu/51

 protection granted by a contracting state to the Convention for the Protection of Performers, etc. pursuant to Article 12 of the Convention is shorter than the period of protection enjoyed by a performer under the provisions of paragraph (1), the term of protection to be enjoyed pursuant to said paragraph by a performer whose performance is fixed in a phonogram the producer of which is a national of said Contracting State shall correspond to the term of protection which, pursuant to the provisions of Article 12 of said Convention, is granted by said contracting state with respect to phonograms provided for in Article 8, item (i).


 * (4)　In the case of a performer whose performance is fixed in a phonogram the producer of which is a national of a country [(a)] which is a contracting state to the WPPT (excluding, however, a contracting state to the Convention for the Protection of Performers, etc.) and [(b)] which has made certain reservations pursuant to the provisions of Article 15 (3) of the WPPT, the provisions of paragraph (1) shall apply, within the limitations of the reservations so made.


 * (5)　When there exists an association (including a federation of associations) composed of a considerable number of professional performers doing business in this country, which the Commissioner of the Agency for Cultural Affairs designates, with the consent of such association, to have the right to receive the secondary use fees provided for in the paragraph (1), then such right shall be exercised exclusively through such association.


 * (6)　The Commissioner of the Agency for Cultural Affairs may not make a designation of an association as set forth in the preceding paragraph, unless such association satisfies the following requirements:


 * (i)　that it is not established for profit-making purposes;


 * (ii)　that its members may freely join and withdraw;


 * (iii)　that its members are granted equal rights to vote and to elect;


 * (iv)　that it has sufficient ability to perform properly by itself the business of exercising the rights to receive secondary use fees provided for in paragraph (1) for its respective holders (below in this Article referred to as "the rightholders").


 * (7)　When requested by a rightholder, the association set forth in paragraph (5) may not refuse to exercise the rightholder's right for him.


 * (8)　When a request set forth in the preceding paragraph is made, the association set forth in paragraph (5) has the authority, for the benefit of the rightholder and in its own name, to take all judicial and non-judicial action in connection with said right.


 * (9)　As may be provided by Cabinet Order, the Commissioner of the Agency for Cultural Affairs may require that the association set forth in paragraph (5) report on its business concerning the secondary use fees provided for in paragraph (1), request the submission of accounting books, documents and other

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