Page:Copyright Act of Japan (2006).djvu/58

 ::(iv)　for a wire-broadcast, when the wire-broadcast took place.


 * (2)　The duration of neighboring rights shall expire at the following moments in time:


 * (i)　for a performance, the passage of fifty years commencing with the year immediately following the year when the performance took place;


 * (ii)　for a phonogram, the passage of fifty years commencing with the year immediately following the year when its publication occurred, or when publication has not been made by the end of the period of fifty years commencing with the year immediately following the year when the first fixation of sound was made, then the passage of fifty years commencing with the year immediately following the year when the first fixation of sound occurred;


 * (iii)　for a broadcast, the passage of fifty years commencing with the year immediately following the year when the broadcast took place;


 * (iv)　for a wire-broadcast, the passage of fifty years starting with the year immediately following the year when the wire-broadcast took place.


 * Section 7 Personal Nature of Moral Rights of Performer, etc.

(Personal nature of moral rights of performer) Article 101-2

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

(Protection of the moral interests after the performer's death) Article 101-3

Even after the death of the performer, no person who offers or makes available a performance to the public may commit any act which would infringe upon the moral rights of performer if the performer 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 performer in light of the nature and extent of the act as well as changes in social circumstances and other conditions.


 * Section 8 Limitations, Transfer, Exercise and Registration of Rights

(Limitations on neighboring rights) Article 102
 * (1) (a) The provisions of Article 30, paragraph (1), Articles 31, 32, 35 and 36, Article 37, paragraph (3), Article 38, paragraphs (2) and (4), and Articles 41 to 42-2, Article 44 (other than paragraph (2) thereof) and Article 47-3 shall apply mutatis mutandis to the exploitation of performances, phonograms, broadcasts or wire-broadcasts which are the subject matter of neighboring rights; (b) the provisions of Article 30, paragraph (2) and Article

Rh