Copyright law

Chapter 3.NEIGHBORING RIGHTSSECTION 6. Limitations on, Transfers of Ownership, Exercise, etc. of Neighboring Rights

Article 87 (Limitations on Neighboring Rights)

  1. (1) Articles 23, 24, 25 (1) through (3), 26 through 32, 33 (2), 34, 35-2, 35-3, 36 and 37 shall apply mutatis mutandis to the use of performances, phonograms or broadcasts that are the objects of neighboring rights.
    <Amended by Act No. 11110, Dec. 2, 2011>
  2. (2) Where a digital audio transmission organization transmits by making use of a phonogram on which performance is recorded pursuant to Articles 76 (1) and 83 (1), he/she may temporarily reproduce a phonogram on which performance is recorded by his/her own means. In such cases, Article 34 (2) shall apply mutatis mutandis to the period of keeping such copy.
    <Newly Inserted by Act No. 9625, Apr. 22, 2009>

Article 88 (Transfers by Assignment, Exercise, etc. of Neighboring Rights)

@Article 45 (1) shall apply mutatis mutandis to the transfer by assignment of neighboring rights; Article 46 to authorization to exploit performance, phonogram or broadcast; Article 47 to the exercise of the right of pledge established on neighboring rights; Article 49 to the termination of neighboring rights; and Articles 57 through 62 to the establishment, etc. of the exclusive publication right of performance, phonogram or broadcast, respectively.

<This Article Wholly Amended by Act No. 11110, Dec. 2, 2011>

Article 89 (Statutory License for Use of Performance, Phonogram and Broadcast)

The provisions of Articles 50 through 52 shall apply mutatis mutandis to the use of performances, phonograms and broadcasts.

Article 90 (Registration of Neighboring Rights)

@Articles 53 through 55 and 55-2 shall apply mutatis mutandis to the registration of neighboring rights or the right of exclusive publication of neighboring rights. In such cases, the term "copyright register" in Article 55 shall be construed as "register of neighboring rights".
<Amended by Act No. 9625, Apr. 22, 2009; Act No. 11110, Dec. 2, 2011>