Page:Copyright Act of Japan (2006).djvu/64

 Article 104-5

Where a designated management association requests compensation for private sound and visual recordings pursuant to the provisions of paragraph (1) of the preceding Article, any person engaged in the business of manufacturing or importing designated recording machines or designated recording medium (in paragraph (3) of the next Article, referred to as "manufacturer, etc.") shall cooperate with the designated management association in requesting and receiving such compensation for private sound and visual recordings.

(Amount of compensation for private sound and visual recordings) Article 104-6
 * (1) Where a designated management association will exercise the right to receive compensation for private sound and visual recordings pursuant to the provisions of Article 104-2, paragraph (1), the designated management association must fix the amount of such compensation and obtain the approval thereof from the Commissioner of the Agency for Cultural Affairs. The same shall apply when the designated management association intends to revise such amount.


 * (2)　When the approval set forth in the preceding paragraph has been obtained, then the amount of the compensation for private sound and visual recordings shall, notwithstanding the provisions of Article 30, paragraph (2), be the amount so approved.


 * (3)　When applying under paragraph (1) for approval with respect to the payment of compensation for private sound and visual recordings which it proposes to request pursuant to the provisions of Article 104-4, paragraph (1), a designated management association shall, in advance, seek the opinions of the associations of manufacturers, etc. which are recognized as representing the opinions of such manufacturers, etc.


 * (4)　The Commissioner of the Agency for Cultural Affairs shall not approve the amount of compensation for private sound and visual recordings applied for under paragraph (1) unless it determines that the same is an appropriate amount, taking into consideration the purpose of the provisions of Article 30, paragraph (1) (including cases where applied mutatis mutandis pursuant to Article 102, paragraph (1) and Article 104-4, paragraph (1), the ordinary amount of sound or visual recording royalties and other factors.


 * (5)　When intending to give its approval under paragraph (1), the Commissioner of the Agency for Cultural Affairs shall consult with the Council for Cultural Affairs.

(Rules for execution of the compensation-related business) Article 104-7
 * (1) When intending to commence its compensation-related business, a designated management association shall establish rules for the execution of such

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