Page:Copyright Act of Japan (2006).djvu/76

 or co-holders of the copyright, the demand provided for in Article 112, and/or a demand for compensation for damages to his share or a demand for the return of the unjust enrichment corresponding to his share.


 * (2)　The provisions of the preceding paragraph shall apply mutatis mutandis to an infringement on copyrights or neighboring rights in co-ownership.

(Preservation of rights in anonymous or pseudonymous works) Article 118
 * (1) The publisher of an anonymous or pseudonymous work shall be entitled to make, in his own name and for the benefit of the author or the copyright holder of said work, the demand provided for in Article 112, Article 115 or Article 116, paragraph (1), or a demand for compensation for damages for an infringement of the moral rights of author or the copyright, as the case may be, or for return of an unjust enrichment. The foregoing, however, shall not apply where the pseudonym is widely known as being that of the author and where the true name of the author has been registered under the provisions of Article 75, paragraph (1).


 * (2)　A person whose true name or widely known pseudonym is indicated as the name of the publisher in a customary manner on reproductions of an anonymous or pseudonymous work shall be presumed to be the publisher of said work.


 * Chapter VIII Penal Provisions

Article 119
 * (1) A person who infringes on the copyright, right of publication or neighboring rights (excluding, however, (a) a person who reproduces by himself a work or performance, etc. for private use purposes as provided for in Article 30, paragraph (1) (including cases where applied mutatis mutandis pursuant to provisions of Article 102, paragraph (1)); (b) a person who, pursuant to the provisions of Article 113, paragraph (3), commits an act deemed to constitute an act of infringement on the copyright or neighboring rights (including rights deemed to constitute neighboring rights pursuant to the provisions of Article 113, paragraph (4); the same shall apply in Article 120-2, item (iii)); (c) a person who commits an act deemed to constitute an act of infringement on a copyright or neighboring rights pursuant to the provisions of Article 113, paragraph (5); (d) or a person described in items (iii) or (iv) of the following paragraph) shall be punishable by imprisonment with work for a term not more than ten years or by a fine of not more than ten million Yen, or by both.


 * (2)　A person with respect to whom either of the following items applies shall be punishable by imprisonment with work for a term not more than five years or by a fine of not more than five million Yen, or by both:


 * (i)　a person who infringes on the moral rights of author or moral rights of performer (

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