Page:Copyright Act of Japan (2006).djvu/75

 record] containing the confidential matters provided for in paragraph (1) by a person having made a request provided for in paragraph (1).

(Measures for restoration, etc. of honor) Article 115

The author or the performer may demand against a person who, intentionally or negligently, infringes on his moral rights, that, in lieu of, or in addition to, compensation for damages, such person take appropriate measures to ensure identification of the author or the performer as the author or the performer (as the case may be), to make corrections [of distortions, mutilations, and/or modifications], or to restore the honor and reputation of the author or the performer (as the case may be).

(Measures to protect moral interests after the author's or the performer's death) Article 116
 * (1) After the death of the author or the performer, [a member of] his bereaved family ("bereaved family" means the surviving spouse, children, parents, grandchildren, grandparents, and brothers and sisters of the deceased author or performer; the same shall apply below in this Article) may make: [(a)] the demand provided for in Article 112 against any person who commits an act, or is likely to commit an act, in violation of the provisions of Article 60 or Article 101-3 with respect to the author or the performer concerned, or [(b)] the demand provided for in the preceding Article against any person who, intentionally or negligently, commits an act of infringement on the moral rights of author or performers or who has committed an act in violation of the provisions of Article 60 or Article 101-3.


 * (2)　The order of the members of the bereaved family who may make the demand set forth in the preceding paragraph shall be the order provided for in said paragraph. However, in the case where the order has been separately determined by the [testamentary] will of the author or the performer, then such order shall apply.


 * (3)　The author or the performer may designate by [testamentary] will the person to act on behalf of the bereaved family in making the demand provided for in paragraph (1). In such case, the designated person may not make a demand after the passage of fifty years commencing from the year immediately following the date of the author's or performer's death (as the case may be), or, if members of the bereaved family are still alive at the time of the passage of said fifty years, then after the death of all such bereaved family members.

(Infringement with respect to the rights in a work of joint authorship, etc.) Article 117
 * (1) Each co-author of, or each co-holder of the copyright in, a work of joint authorship shall be entitled to make, without the consent of the other co-authors

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