Page:Copyright Act of Japan (2006).djvu/60

 line which is provided for use by the public) for the purpose of being received exclusively in a Broadcasting Service Area pertaining to these broadcasts simultaneously with reception of such broadcasts.


 * (7)　The following persons shall be deemed to have made the sound or visual recordings or the reproductions provided for in Article 91, paragraph (1), Article 96, Article 98 or Article 100-2:


 * (i)　a person who, for purposes other than those provided for in Article 30, paragraph (1), Article 31, item (i), Article 35, paragraph (1), Article 37, paragraph (3), Article 41, 42 or 42-2, or Article 44, paragraph (1) or (2), as applied mutatis mutandis pursuant to paragraph (1) of this Article, distributes those reproductions of performance, etc. which have been made by virtue of the application of said provisions or makes available to the public said performances, the sounds from said phonograms, or the sounds or images from said broadcasts or wire-broadcasts, by broadcasting said reproductions;


 * (ii)　a broadcasting organization or a wire-broadcasting organization which preserves the sound or visual recordings set forth in Article 44, paragraph (3), as applied mutatis mutandis pursuant to paragraph (1) of this Article, in violation of the provisions of said Article 44, paragraph (3).


 * (iii)　A person who distributed reproductions of performances, etc. that were recorded ephemerally on a memory other than an built-in memory as provided for in Article 47-3, paragraph (1) or (2) by virtue of the application of the provisions of Article 47-3, paragraph (1) or (2) applied mutatis mutandis pursuant to paragraph (1), or made available to the public such performances, the sounds from such phonograms, or the sounds or images from such broadcasts or wire-broadcasts, by such reproductions;


 * (iv)　A person who preserves reproductions set forth in Article 47-3, paragraph (3), as applied mutatis mutandis pursuant to paragraph (1) of this Article, in violation of the provisions of Article 47-3, paragraph (3).

(Relationship with moral rights of performer) Article 102-2

The provisions of the preceding Article pertaining to limitations on neighboring rights (other than the provisions of paragraphs (5) and (6) of said Article) shall not be construed to affect the moral rights of performer.

(Transfer, exercise, etc. of neighboring rights) Article 103

The provisions of Article 61, paragraph (1) shall apply mutatis mutandis to the transfer of neighboring rights; the provisions of Article 62, paragraph (1) shall apply mutatis mutandis to the termination of such rights; the provisions of Article 63 shall apply mutatis mutandis to the authorization to exploit performances, phonograms, broadcasts or wire-broadcasts; the provisions Rh