Page:Copyright Act of Japan (2006).djvu/7

 :(4) An artistic work or a photographic work shall be deemed to have been "made public" when it has been exhibited by such a person as provided for in Article 45, paragraph (1), in such a manner as provided for in said paragraph.
 * (5) A person who would be entitled to a right provided for in paragraphs (1) to (3) of this Article if his work were protected under this Act, as well as a person with authorization from such a person to exploit the work, shall be considered to be a person entitled to such right or a person with authorization from such a person (as the case may be), and the provisions of these paragraphs shall apply with respect to such persons.

(Publication of phonograms) Article 4-2
 * A phonogram has been "published" when reproductions of the phonogram have been made and distributed, in reasonably sufficient quantities to meet the public demand therefor given the nature of the phonogram, by a person who is entitled to the right provided for in Article 96 or with authorization from such a person; provided, however, that the foregoing shall not apply to situations where the making and distributing of reproductions harms the rights of a person entitled to a right provided for in Article 97-2, paragraph (1) or Article 97-3, paragraph (1). "Authorization" means the authorization to exploit a phonogram under the provision of Article 63, paragraph (1), as applied mutatis mutandis pursuant to Article 103; the same shall apply in Chapter IV, Sections 2 and 3).

(Effect of international treaty) Article 5
 * If an international treaty provides otherwise with respect to the rights of authors and the rights neighboring thereto, the provisions of such international treaty shall prevail.


 * Section 2 Scope of Application

(Protected works) Article 6
 * Only those works falling under one of the following items shall receive protection under this Act:


 * (i) works of Japanese nationals ("Japanese nationals" includes juridical persons established under the laws and regulations of Japan and those who have their principal offices in Japan; the same shall apply hereinafter);


 * (ii) works first published in this country, including those first published outside this country and thereafter published within this country within thirty days from the date from their first publication;


 * (iii) works in addition to those listed in the preceding two items, with respect to which Japan has the obligation to grant protection under an international

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