to the right to receive remuneration provided for in the preceding paragraph. In such case, the term "broadcasting organizations, etc." throughout paragraph (10) of the same Article and "broadcasting organizations, etc. provided for in Article 95, paragraph (1)" throughout paragraph (12) of the same Article shall be deemed to be replaced with "commercial phonograms renters provided for in Article 95-3, paragraph (3)".
- (5) The right to receive royalties with respect to the authorization given by the person entitled to the right provided for in paragraph (1) may be exercised through the association provided for in Article 95, paragraph (5), which shall apply mutatis mutandis in the preceding paragraph.
- (6) The provisions of Article 95, paragraphs (7) to (14) shall apply mutatis mutandis to the case provided for in the preceding paragraph. In such case, the provisions of the second sentence of paragraph (4) of this Article shall apply mutatis mutandis.
- Section 3 Rights of Producer of Phonograms
(Right of reproduction)
Article 96
The producer of a phonogram shall have the exclusive right to reproduce his phonogram.
(Right to make transmittable)
Article 96-2
The producer of a phonogram shall have the exclusive right to make his phonogram transmittable.
(Secondary use of commercial phonograms)
Article 97
- (1) When a broadcasting organization, etc. broadcasts or wire-broadcasts using a commercial phonogram (excluding when for non-profit-making purposes and if no fees are charged to the audience or spectators ("fees" includes consideration of any kind whatsoever received for the making available of the sounds from phonograms) and the wire-broadcast is made simultaneously with reception of such broadcast), it shall pay secondary use fees to the producer of said phonogram (to the extent that said phonogram falls under any of items (i) to (iv) of Article 8 and to the extent that the duration of the neighboring rights therein has yet to expire) which has been so broadcasted or wire-broadcasted.
- (2) The provisions of Article 95, paragraphs (2) and (4) shall apply mutatis mutandis to the producer of a phonogram provided for in the preceding paragraph, and the provisions of paragraph (3) of the same Article shall apply mutatis mutandis to the term of protection provided for in the preceding paragraph. In such case, the term "a performer whose performance is fixed in a phonogram
