Page:Copyright Act of Japan (2006).djvu/77

 excluding a person who commits an act deemed to constitute an act of infringement on the moral rights of author or moral rights of performer pursuant to the provisions of Article 113, paragraph (3)):


 * (ii)　a person who, for profit-making purposes, causes the automatic reproducing machine provided for in Article 30, paragraph (1), item (i) to be used to reproduce works or performance, etc., when such act of reproduction constitutes an infringement on a copyright, right of publication or neighboring rights;


 * (iii)　a person who commits an act deemed to constitute an act of infringement on the copyright, right of publication or neighboring rights pursuant to the provisions of Article 113, paragraph (1);


 * (iv)　a person who commits an act deemed to be an act of infringement on a copyright pursuant to the provisions of Article 113, paragraph (2)

Article 120

A person who violates the provisions of Article 60 or Article 101-3 shall be punishable by a fine of not more than five million Yen.

Article 120-2

A person which respect to whom any of the following items applies shall be punishable by imprisonment with work for a term not more than three years or by a fine of not more than three million Yen, or by both:


 * (i)　a person who either: [(a)] [(A)] transfers to the public the ownership of, or rents to the public, [(B)] manufactures, imports or possesses for transfer of ownership or rental to the public, or [(C)] offers for use by the public, a device the sole function of which is to circumvent technological protection measures (including a set of parts [of such a device] capable of being easily assembled) or reproductions of a computer program the sole function of which is to circumvent technological protection measures, or [(b)] transmits to the public, or makes transmittable, the aforementioned computer program;


 * (ii)　a person who, as a business, circumvents technological protection measures in response to a request from the public;


 * (iii)　a person who, for profit-making purposes, commits an act deemed to constitute an act of infringement on the moral rights of author, copyright, moral rights of performer or neighboring rights pursuant to the provision of Article 113, paragraph (3);


 * (iv)　a person who, for profit-making purposes, commits an act deemed to constitute an act of infringement on a copyright or neighboring rights pursuant to the provision of Article 113, paragraph (5).

Article 121

A person who distributes a reproduction of a work on which reproduction the true name or widely known pseudonym of a person who is not the author is indicated as the name of the author (including a reproduction of a derivative Rh