Page:Copyright Act of Japan (2006).djvu/71

 holder, holder of the right of publication or holder of the neighboring rights, as the case may be.


 * (3)　The copyright holder or holder of the neighboring rights may assert against a person who, intentionally or negligently, infringes upon said holder's copyright or neighboring rights, a claim for compensation for damages in an amount corresponding to the amount of money which would be received by such holder through the exercise of its copyright or neighboring rights, as the case may be, as the amount of damages sustained by said holder.


 * (4)　The provisions of the preceding paragraph shall not preclude a claim for compensation for damages in excess of the amount provided for therein. In such case, when the infringer of the copyright or neighboring rights did not act intentionally or with gross negligence, the court may consider such absence of intent or gross negligence on the part of the infringer in fixing the amount of damages.

(Obligation to clarify specific conditions [of infringement]) Article 114-2

In a lawsuit pertaining to an infringement on the moral rights of author, copyright, right of publication, moral rights of performer or neighboring right, when the other party denies the specific conditions of the object which the author, the copyright holder, the holder of the right of publication, the performer or the holder of the neighboring rights, as the case may be, asserts as either constituting such act of infringement or being made by such act of infringement, the other party shall clarify the specific conditions of his acts; provided, however, that the foregoing shall not apply where there are reasonable grounds why the other party cannot make such clarification.

(Production of documents, etc.) Article 114-3
 * (1) In a lawsuit pertaining to an infringement on the moral rights of author, copyright, right of publication, moral rights of performer or neighboring right, the court, upon petition of a party, may order any other party to produce documents necessary to prove the act of infringement concerned or to calculate the damages caused by said act of infringement; provided, however, that the foregoing shall not apply when the person in possession of such documents has justifiable grounds for refusing to produce them.


 * (2)　When the court finds it necessary for determining whether there exist justifiable grounds as provided for in the proviso to the preceding paragraph, the court may require that the person in possession of the documents present the same to the court. In such case, no person may ask for the disclosure of the documents so presented.


 * (3)　In the case referred to in the preceding paragraph, when the court finds it necessary

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