Page:Copyright Act of Japan (2006).djvu/78

 work on which reproduction the true name or widely known pseudonym of a person who is not the author of the original work is indicated as the name of the author of the original work) shall be punishable by imprisonment with work for a term not more than one year or by a fine of not more than one million Yen, or by both:

Article 121-2

A person who [(a)] reproduces, as a commercial phonogram, a commercial phonogram which falls under either of the following two items (including reproductions of said commercial phonogram, including reproductions produced by multiple acts of reproduction), or [(b)] distributes such reproductions or possesses them for the purposes of distributing, shall be punishable by imprisonment with work for a term not more than one year or by a fine of not more than one million Yen, or by both; provided, however, that the foregoing shall not apply with respect to a person who makes, distributes or possesses reproductions made after the passage of more than fifty years from the year immediately following the year in which the first fixation of sounds on the matrices listed in the following items:


 * (i)　a commercial phonogram manufactured by a person engaged in the business of manufacturing commercial phonograms in this country, from the matrix of the phonogram (other than those phonograms with respect to which any of the four items of Article 8 applies) received from the producer of phonograms who produced said phonogram;


 * (ii)　a commercial phonogram manufactured by those engaged in the business of manufacturing commercial phonograms outside this country, from the matrix of the phonogram (other than those phonograms with respect to which any of the four items of Article 8 applies) received from the producer of phonogram who produced said phonogram and who is a national of any of the contracting states to the Convention for the Protection of Performers, etc., the members of the World Trade Organization or the Contracting States to the Phonograms Convention ("nationals" includes juridical persons established under the laws and regulations of such contracting state or member and those who have their principal offices in such Contracting State or member).

Article 122

A person who violates the provisions of Article 48 or Article 102, paragraph (2) shall be punishable by a fine of not more than five hundred thousand Yen.

Article 122-2
 * (1) A person who violates a protective order shall be punishable by imprisonment with work for not a term of not more than five years or by a fine of not more than five million Yen, or by both.


 * (2)　The crimes provided for in the preceding paragraph shall also apply to a person

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