Page:Copyright Act of Japan (2006).djvu/68

 ::(ii)　the act of distributing, or possessing for the purpose of distributing, or exporting as a business or possessing for the purpose of exporting as a business, objects made by an act infringing on the moral rights of author, copyrights, rights of publication, moral rights of performers or neighboring rights (including by an act of importation falling under the preceding item), by a person who is aware of such infringement.


 * (2)　The act of using on a computer in the course of one's business a reproduction made by an act infringing on the copyright of a computer program work (including a reproduction made by the owner of such reproduction pursuant to the provisions of Article 47-2, paragraph (1) as well as a reproduction of a computer program work imported by an act of importation falling under item (i) of the preceding paragraph and a reproduction made by the owner of such imported reproduction pursuant to the provisions of Article 47-2, paragraph (1)) shall be deemed to constitute an act of infringement on said copyright, to the extent that the person using such reproduction was aware of such infringement at the time that he acquired authority to use the same.


 * (3)　The following acts are deemed to constitute acts infringement on the moral rights of author, copyrights, moral rights of performer or neighboring rights pertaining to rights management information concerned:


 * (i)　the act of intentionally adding false information as rights management information;


 * (ii)　the act of intentionally removing or modifying rights management information, excluding, however, cases where deemed unavoidable in light of the purpose and the manner of exploiting the work or performance, etc., including cases involving technological constraints accompanying the conversion of recording or transmission systems;


 * (iii)　the act of distributing, or importing or possessing for the purpose of distributing, a reproduction of a work or performance, etc. with respect to which an act provided for in the preceding two items occurred, and the act of publicly transmitting or making transmittable such work or performance, etc., in all cases, with knowledge of the fact that such act had occurred.


 * (4)　For the purpose of the application of the provisions of the preceding paragraph, the right to remuneration provided for in Article 94-2, Article 95-3, paragraph (3) or Article 97-3, paragraph (3) or the right to secondary use fees as provided for in Article 95, paragraph (1) or Article 97, paragraph (1) shall be deemed to be neighboring rights. In such case, the term "the holders of neighboring rights" in the preceding Article shall be deemed to be replaced with "the holder of neighboring rights (including the persons entitled to the rights deemed to be neighboring rights pursuant to the provisions of paragraph (4) of the next Article)", and the term "neighboring rights" in paragraph (1) of the

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