Copyright Act Article 26-3: Right of Lending (Right of Lending of Copyright Holders)
The right of lending is the right to lend to the public copies of works other than cinematographic works, for which the right of distribution is granted. Note that since the right of distribution is granted for cinematographic works, they are not subject to the right of lending.
Lending, under the Civil Code, refers to the act of transferring possession of a tangible object, regardless of whether it is for value or free of charge, with the borrower returning the object to the lender after using or profiting from it. The most famous example is the rental of music CDs. Lending includes transfers with a buyback clause, etc.
There are three types of lending rights: the lending right of the copyright holder (Article 26-3 of the Copyright Act), the lending right of performers (Article 95-3), and the lending right of phonogram producers (Article 97-3). When simply referred to as the "right of lending," it often means the lending right of the copyright holder (Article 26-3 of the Copyright Act).
While the right of transfer (Article 26-2 of the Copyright Act) covers both original works and copies as the subject of the right (subject to regulation), the copyright holder's right of lending only covers copies. In other words, the copyright holder's right of lending does not extend to the lending of original works (original works can be lent legally).
Furthermore, the right of lending extends to the lending of copies to the public even if those copies have been lawfully placed into the distribution process by the rights holder. In other words, the right of lending is not exhausted by a lawful transfer.
・Copyright Act Article 26-3: Right of Lending
(Right of Lending)
Article 26-3: The author has the exclusive right to offer their work (excluding cinematographic works) to the public by lending copies thereof (in the case of a work reproduced in a cinematographic work, excluding copies of said cinematographic work).
●References
・Ryu Takabayashi (Author), "Standard Copyright Law, 4th Edition" (Yuhikaku, 2019)
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