In the past Keisen Associates reported on the war being waged against JASRAC (Japanese Society for Rights of Authors, Composers and Publishers) by music schools (for example, here and here). JASRAC was tightening enforcement of its demands that music schools pay royalties for any of its copyrighted songs that teachers played in classes. JASRAC is progressing in moving ahead with its demands as the opposing music school operators have lost their case legally.
In June 2017, the “Association to Protect Music Education,” an alliance of music schools and concerned parties including Yamaha Music Foundation and Kawai Musical Instruments Manufacturing Co., filed a suit to have the Tokyo District Court restrain JASRAC from carrying out its threats to force music schools to pay royalty (2.5%) on songs that JASRAC (the largest copyright managing corporation in Japan) manages. This was followed by a plea to the Ministry of Culture to postpone JASRAC’s charges. The result was that JASRAC was told not to make collection demands until the judicial ruling was made, but meanwhile it was free to request payments for fiscal 2018.
On July 10, 2018, JASRAC held a press conference and gave a update on the situation. Since April 2018, JASRAC has begun offering contracts with music schools (there are about 7,300 in Japan), and requiring a report of all songs played in the music training they give. JASRAC is offering a 10% discount on those that make their payments with such contracts. Meanwhile, most schools in the Association to Protect Musical Education are holding out for the Tokyo District Court’s decision. At the press release, JASRAC Managing Director Kazuhiro SEKO announced that already thirty-six music education establishments had signed comprehensive license contracts, and believed that this showed the strength of JASRAC’s position. He expressed confidence that the judicial ruling will favor JASRAC and lead to a general submission by the opposing schools to the royalty payments.
While the fight goes on, JASRAC is confident in its stance. The negative press for JASRAC this past year, with its various lawsuits against copyright-infringing establishments and this music school fight, may however make this a costly victory. And the implications for sharing of musical culture in Japan may be a dampening effect.
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Taro Yaguchi
Sources
IT Media. “JASRAC、音楽教室21事業者36施設と包括契約 [JASRAC has comprehensive contracts signed with 21 music school operators and 36 facilities],” July 11, 2018. The image (of JASRAC’s Mr. Seko) comes from this article.
