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March 23, 2007
JASRAC


Japanese Society for Rights of Authors,
Composers and Publishers

DECISION MADE TO PROHIBIT USE OF JASRAC REPERTOIRE BY CATV OPERATORS
TOKYO DISTRICT COURT FULLY ACKNOWLEDGES JASRAC PETITION FOR INDIRECT ENFORCEMENT


On March 22, 2007, the Tokyo District Court gave a decision against two CATV operators, prohibiting use of JASRAC repertoire in re-transmissions of CS broadcasts and ordering the two operators to pay money for indirect enforcement in case they ignored the prohibition and used JASRAC repertoire.

In the decision, out of the cable broadcasts conducted by Narita Cable Television and Choshi Area Television, the Tokyo District Court prohibited use of JASRAC repertoire in re-transmissions of CS broadcasts (including radio broadcasts) and self-broadcasts. At the same time, the Court ordered the two operators to pay money for indirect enforcement in case they ignored the prohibition. As for the amount, the Court approved the figure calculated based on the fee per work per use, provided in the Tariffs for Use of Musical Works of JASRAC, as a suitable amount based on rational grounds.

This case was filed by JASRAC on February 9, 2007 to the Tokyo District Court for indirect enforcement (prohibition of use) against the two operators' continuous use of JASRAC repertoire without obtaining licenses from JASRAC in disregard of the decision by the Intellectual Property (IP) High Court on August 30, 2005*.

*Please refer to the following links for details:

https://www.jasrac.or.jp/ejhp/release/2005/0830.html
https://www.jasrac.or.jp/ejhp/release/2006/1011.html


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