Unión Europea
Derecho de autor y derechos conexos
9. Do originals of computer programs and cinematographic works fall within the scope of the rental right provided by Article 26bis and Article 26 respectively of the Copyright Law (Article 11 of the TRIPS Agreement)?
Both the right of distribution (including the right of lending) provided for in Article 26 of the Japanese Copyright Law and the right of lending provided for in Article 26bis prescribe that the acts of distribution or lending covered are those done by "copies" of the work. However, as the concept of "copies" in the Japanese Copyright Law includes all fixations of a work, the original of the work is also included in the concept of "copies".