Trade-Related Aspects of Intellectual Property Rights - Review of TRIPS Implementing Legislation

1. Member raising question and answering

Member raising question

European Union

Member answering

Japan

10. Does Article 91(1) of the Copyright Law, in conjunction with Article 112(1) of the same Law, allow performers to prevent both the fixation of their unfixed performance and the reproduction of such fixation when undertaken without their authorization (Article 14.1 of the TRIPS Agreement)?

4. Answer

Performers' right to make sound or visual recordings stipulated in Article 91 of the Japanese Copyright Law is an exclusive right with respect to sound and visual recordings and obviously includes the possibility of preventing the reproduction of unauthorized fixation of performances, which is required by Article 14.1 of the TRIPS Agreement, and Article 91 fulfils the obligation of the TRIPS Agreement.

1. Member raising question and answering

2. Category and subcategory

3. Question

4. Answer