Article 38 A performer who wishes to use other's work for a performance shall obtain permission from, and pay remuneration to, the work's copyright owner. When a performance organizer organizes a performance of a work, the organizer shall obtain permission from, and pay remuneration to, the work's copyright owner. Article 39 A performer shall have the following rights in his/her performance: 1. To be named the performer; 2. To protect his/her performance from distortion; 3. To authorize the live broadcasting of his/her performance and any public communication of such live performance, and to obtain remuneration therefrom; 4. To authorize any sound and/or visual recording of his/her performance, and to obtain remuneration therefrom; 5. To authorize the reproduction distribution and/or lease of any sound and/or visual recording of his/her performance, and to obtain remuneration therefrom; and 6. To authorize the broadcasting of his/her performance to the public via information network and to obtain remuneration therefrom. Where a person authorized to use a work uses the work in the way stated in any of Items (3) to (6) of the preceding paragraph, he/she shall also obtain permission from, and pay remuneration to, the work's copyright owner. Article 40 A performance given by a performer in order to fulfill a performance task assigned by the performing entity where he/she is employed shall be deemed as a performance given in the course of employment, in which case, the performer shall have the right to be named the performer and shall be entitled to the protection of performance image against distortion, and the ownership of rights in such performance shall be agreed upon by the parties concerned. In the absence of an agreement or where such agreement is not clear between the parties concerned, the rights in a performance given in the course of employment shall be enjoyed by the performing entity. Where the rights in a performance given in the course of employment are enjoyed by the performer, his or her performing entity may use the performance free of charge within its scope of business. Article 41 The term of protection for the rights specified in Items (1) and (2) of the first paragraph of Article 39 shall be in perpetuity. The term of protection for the rights specified in Items (3) to (6) of the first paragraph of Article 39 shall be 50 years, ending on December 31st of the 50th year after the said performance took place. Section 3 Sound and/or Visual Recordings Article 42 A maker of sound and/or visual recordings that wishes to use other's work to make a sound and/or visual recording shall obtain permission from, and pay remuneration to, the work's copyright owner. Where a maker of sound and/or visual recordings wishes to use a work created from the adaptation, translation, annotation or arrangement of a pre-existing work, permission shall be obtained from, and remuneration be paid to, both the copyright owner of the work created through adaption, translation, annotation or arrangement and the copyright owner of the original work. Article 43 A maker of sound and/or visual recordings that wishes to make a sound and/or visual recording of a performance shall conclude a contract with, and pay remuneration to, the performer of the performance. Article 44 A maker of sound and/or visual recordings shall have the right to license the reproduction, distribution or lease of a sound and/or visual recording made by it or the broadcasting thereof to the public via information network, and shall have the right to obtain remuneration therefrom. The term of protection for such rights shall be 50 years, ending on December 31st of the 50th year after such recording is first made. A licensee who wishes to reproduce or distribute a sound and/or visual recording or to broadcast such 9