The Copyright Act defines rights in works, performances, phonograms, broadcasts, and cable broadcasts while considering fair use of cultural products and protecting authors and neighboring right holders. Creators, publishers, platforms, researchers, and companies consult it when checking whether material is a work, which exclusive right is implicated, whether a statutory limitation exists, and what remedies are available. This article covers selected core provisions of the Act and does not cover collective management tariffs, platform terms, criminal complaint strategy, or case-specific infringement analysis.
Works, Authors, and Public Transmission
The first chapter defines the objects and people protected by the Act. Articles 1, 2, 3, 4, 6, 10, 11, 12, 12-2, and 15 are the main landmarks for determining whether material and a creator fall within the statute.
Article 1 states that the Act aims to define authors' rights and neighboring rights concerning works, performances, phonograms, broadcasts, and cable broadcasts, to protect rights of authors and others while considering fair use of cultural products, and to contribute to cultural development. Article 2 defines a Work as a creatively produced expression of thoughts or sentiments that falls within the literary, academic, artistic, or musical domain, and defines an Author as a person who creates a Work.
Article 2 also defines Public Transmission, Broadcast, Cable Broadcast, Automatic Public Transmission, Making Transmittable, Program, Database, Derivative Work, Joint Work, Reproduction, Performance, Screen Presentation, Recitation, Distribution, Technological Protection Measures, and Rights Management Information. Article 3 defines publication of a Work, and Article 4 defines making a Work public. Article 6 identifies Works protected under the Act, including Works of Japanese nationals, Works first published in Japan, and Works protected by treaty.
Article 10 gives examples of Works, including novels, scripts, lectures, music, choreography, paintings, architecture, maps, cinematographic works, photographs, and programs. Article 11 protects Derivative Works without prejudice to rights in the original Work. Article 12 protects compilations whose selection or arrangement of materials is creative, and Article 12-2 protects databases whose selection or systematic structure of information is creative. Article 15 contains rules for Works made by employees or officers in the course of duties under specified conditions.
Moral Rights and Copyrights
The Act separates moral rights from economic copyrights. Articles 17, 18, 19, 20, 21, 22, 22-2, 23, 24, 25, 26, 26-2, 26-3, 27, 28, and 51 are the main provisions for the author's rights.
Article 17 states that an Author enjoys Moral Rights of Author and copyrights in the Work, and that enjoyment of those rights does not require any formality. Article 18 gives the Author the right to make the Work public, Article 19 gives the right to determine indication of the author's name, and Article 20 gives the right to preserve integrity of the Work and its title against changes, cuts, or other modifications contrary to the author's intention, subject to listed exceptions.
Article 21 gives the Author the right of Reproduction. Article 22 gives the rights of Performance and musical performance, Article 22-2 gives the right of Screen Presentation, Article 23 gives the right of Public Transmission and making transmittable, Article 24 gives the right of Recitation, Article 25 gives the right of Exhibition for artistic and unpublished photographic works, Article 26 gives distribution rights for cinematographic works, Article 26-2 gives transfer rights, and Article 26-3 gives rental rights.
Article 27 gives the Author the right of translation, musical arrangement, transformation, dramatization, cinematization, and other adaptation. Article 28 gives the author of the original Work the same rights in the exploitation of a Derivative Work as the author of the Derivative Work has. Article 51 states that copyright continues to subsist for seventy years after the author's death, subject to special rules in later duration provisions.
Statutory Limitations and Permitted Uses
The Copyright Act contains many detailed limitations on exclusive rights. Articles 30, 30-4, 31, 32, 35, 36, 37, 38, 41, 42, 47-4, and 47-5 are common starting points, but their conditions must be read closely.
Article 30 allows reproduction for private use within the scope stated there, subject to exclusions. Article 30-4 permits exploitation of Works in cases where the purpose is not to enjoy the thoughts or sentiments expressed in the Work, such as testing technology development or information analysis, within the article's conditions. Article 31 provides limitations for libraries and similar institutions, and Article 32 permits quotation of a Work that has been made public if the use conforms to fair practice and is within a justifiable scope for purposes such as news reporting, criticism, or research.
Article 35 concerns reproduction and Public Transmission in schools and other educational institutions, subject to its requirements and compensation scheme. Article 36 concerns examination questions, Article 37 concerns reproduction and other uses for persons with visual impairments and related contexts, and Article 38 contains limitations for non-profit performances, screen presentations, recitations, lending, and related uses under the conditions stated there.
Article 41 concerns use for reporting current events. Article 42 permits reproduction for judicial proceedings, legislative or administrative internal use, and related procedures where necessary for those purposes. Article 47-4 permits uses accompanying exploitation on a computer and other technical processes, and Article 47-5 contains limitations for minor uses accompanying information processing and provision, subject to detailed conditions. Each limitation is article-specific; the Act does not contain a single general fair-use clause.
Publication Rights and Neighboring Rights
The Act protects not only authors but also holders of publication rights and neighboring rights. Articles 79, 80, 81, 89, 90-2, 91, 92, 92-2, 95, 96, 96-2, 98, 99, and 100-2 are useful entry points.
Article 79 allows the copyright holder to establish a Publication Right for a person who undertakes publication or Public Transmission of the Work under the statutory categories. Article 80 defines the content of a Publication Right, including the exclusive right to reproduce or publicly transmit the Work according to the purpose of establishment. Article 81 sets duration rules for Publication Rights unless otherwise provided by the act establishing the right.
Article 89 states that performers have moral rights of performers and neighboring rights, and that phonogram producers, broadcasting organizations, and cable broadcasting organizations have neighboring rights. Article 90-2 gives performers the right to indicate their names, Article 91 gives performers fixation rights, Article 92 gives broadcasting and cable broadcasting rights for performances, and Article 92-2 gives making-transmittable rights for performances.
Article 95 provides performers' rights concerning secondary use fees for commercial phonograms, Article 96 gives phonogram producers reproduction rights, Article 96-2 gives phonogram producers making-transmittable rights, Article 98 gives broadcasting organizations reproduction rights, Article 99 gives broadcasting organizations rebroadcasting and cable broadcasting rights, and Article 100-2 gives cable broadcasting organizations reproduction rights. These neighboring rights follow their own statutory structure and should not be assumed to be identical to authors' copyrights.
Remedies, Deemed Infringement, and Penalties
The later chapters provide civil remedies and penalty provisions. Articles 112, 113, 114, 114-5, 115, 119, 120, and 124 are key enforcement landmarks.
Article 112 allows the holder of Moral Rights of Author, copyright, Publication Right, Moral Rights of Performer, or neighboring rights to demand cessation or prevention of infringement from a person infringing or likely to infringe the right. It also allows demands for destruction of objects that constitute infringement, removal of facilities used exclusively for infringement, and other measures necessary for stopping or preventing infringement.
Article 113 deems specified acts to constitute infringement, including certain imports, distributions, possession for distribution, exports, and acts involving Rights Management Information or technological measures under the conditions listed there. Article 114 provides rules for presuming or calculating damages, and Article 114-5 concerns production of documents in litigation. Article 115 allows an Author or Performer to demand measures necessary to restore reputation or honor in place of or together with damages.
Article 119 sets criminal penalties for specified infringement and related conduct, Article 120 sets penalties for certain violations including false indication of the author's name and other listed acts, and Article 124 provides dual-liability rules for corporations and other principals in specified cases. Criminal provisions should be read with complaint requirements and procedural rules outside this overview.