Unión Europea
Derecho de autor y derechos conexos
13. Do originals of phonograms fall within the scope of the rental right provided by Articles 95bis(1) (3) and 97bis(1) (3), in combination with Article 2(1)(vii), of the Copyright Law (Article 14.4 of the TRIPS Agreement)?
The Japanese Copyright Law provides for "the right of lending" with respect to commercial phonograms. If an original of a phonogram is used for commercial purposes, it will be regarded as "a commercial phonogram", and therefore, the original of a phonogram used for such purposes falls within the scope of "the right of lending".