The Japanese Society for Rights of Authors, Composers and Publishers (JASRAC) has been engaged in battles to enforce copyright of works it manages against use for free by music schools around Japan. This battle has been ongoing since 2017, and though it won its claims at the Tokyo District Court in 2020, the coalition of music schools appealed to the Intellectual Property High Court.
This time, the plaintiffs argued again that JASRAC was not authorized to charge them for either teachers’ performing for students (the “public”) or for students’ performing for their teachers. JASRAC has maintained both of these. Though it won both claims in the Tokyo District Court, in its March 18, 2021 decision, the IP High Court deemed the latter claim false, since students were not performing for the “public” as the Japan Copyright Act describes. Therefore, if JASRAC concedes to this result, it may charge music schools for what teachers play only.
However, JASRAC has expressed dissatisfaction with the results and says it will consider appealing to the Supreme Court. (Update: on March 31, JASRAC, and on April 1, the music school coalition announced they would appeal the decision, both sides being dissatisfied!) In the process, JASRAC has already won the ire of many Japanese, as the popular music schools have been able to win popular sympathy. Yet it continues to hold that it is serving the artists who produce music.
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Taro Yaguchi
Sources
Toyama, Kazuhiro and Hirose, Noboru. “Japan’s music school students not subject to copyright fees, but teachers are: high court.” https://mainichi.jp/english/articles/20210320/p2a/00m/0na/004000c Mainichi Japan, English article. March 20, 2021. Accessed March 25, 2021.
Update:
Bengo4.com, Inc. “音楽教室も上告、JASRAC一部敗訴でも「実態に即しておらず、納得できない」[Music schools also appeal, saying with even partial victory against JASRAC, ‘does not fit reality; we cannot accept this’].” https://www.bengo4.com/c_23/n_12901/ April 2, 2021. Accessed April 9, 2021.
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