right to distribute his work by distributing reproductions of said cinematographic work.
- (2) The author of a work reproduced in a cinematographic work shall have the exclusive right to distribute his work by distributing reproductions of the same.
(Right of ownership transfer)
Article 26-2
- (1) The author shall have the exclusive right to offer his work (with the exception of cinematographic works; the same shall apply below in this Article) to the public by transferring ownership of the original or reproductions of his work (excluding, however, reproductions of a cinematographic work where the author's work has been reproduced in said cinematographic work; the same shall apply below in this Article).
- (2) The provisions of the preceding paragraph shall not apply in the case of a transfer of the ownership of the original or reproductions of a work falling under any of the following items:
- (i) the original or reproductions of a work the ownership of which has been transferred to the public by a person who possesses the right prescribed in the preceding paragraph or by a person with authorization from such a person;
- (ii) reproductions of a work the ownership of which has been transferred to the public under the authority of a ruling [for compulsory license] under the provisions of Article 67, paragraph (1) or Article 69 or with a license under the provisions of Article 5, paragraph (1) of the Act on Special Provisions of the Exceptional Provisions to the Copyright Act, required as a consequence of the Enforcement of the Universal Copyright Convention (Act No. 86 of 1956);
- (iii) the original or reproductions of a work the ownership of which has been transferred to a small number of specific persons by a person who possesses the right prescribed in the preceding paragraph or by a person with authorization of such a person;
- (iv) the original or reproductions of a work the ownership of which has been transferred outside this country, (a) without prejudice to a right that is the equivalent to that prescribed in the preceding paragraph, or (b) by a person who has a right equivalent to that prescribed in the preceding paragraph or by a person with authorization from such a person.
(Right of rental)
Article 26-3
- The author shall have the exclusive right to offer his work (with the exception of a cinematographic work) to the public through the rental of reproductions of the work (excluding, however, reproductions of a cinematographic work where the author's work has been reproduced in said cinematographic work).
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