- (i) visually recorded performances produced with the authorization of the person entitled to the right provided for in Article 91, paragraph (1);
- (ii) sound or visually recorded performances provided for in Article 91, paragraph (2), other than the sound recordings provided for in said paragraph.
- (3) The provisions of paragraph (1) shall not apply when the offer is by transferring of ownership of a sound or visual recording of a performance (except for those performances listed in each of the items in the preceding paragraph; the same shall apply below in this Article), where any of the following items are applicable to such sound or visual recording:
- (i) a sound or visual recording of a performance the ownership of which recording has been transferred to the public by the person entitled to the right provided for in paragraph (1) or by a person with authorization from such person;
- (ii) a sound or visual recording of a performance the ownership of which recording has been transferred to a small number of specific persons by the person entitled to the right provided for in paragraph (1) or by a person with authorization from such person;
- (iii) a sound or visual recording of a performance the ownership of which recording has been transferred, outside this country, (a) without prejudice to rights equivalent to that provided for in paragraph (1), or (b) by the person entitled to a right equivalent to that provided for in said paragraph or by a person with authorization from such person.
(Right of rental, etc.)
Article 95-3
- (1) The performer shall have the exclusive right to offer his performance to the public by rental of a commercial phonogram in which his performance has been sound recorded.
- (2) The provisions of the preceding paragraph shall not apply when the offering is by rental of a commercial phonogram after the period established by Cabinet Order (which shall be one month or more, but not more than twelve months, from the day of the first sale of such phonogram) (including another phonogram all reproductions of which have contents identical to those of said commercial phonogram; hereinafter referred to as "post-period commercial phonograms").
- (3) Where a person who engages in the business of the rental of commercial phonograms to the public (hereinafter referred to as "commercial phonograms renters") offers a performance to the public by rental of post-period commercial phonograms, he shall pay a reasonable amount of remuneration to the performer whose performance (to the extent within the duration of the neighboring rights therein) is incorporated in such phonogram.
- (4) The provisions of Article 95, paragraphs (5) to (14) shall apply mutatis mutandis
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