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April 28, 2009
JASRAC
Japanese Society for Rights of Authors,
Composers and Publishers (JASRAC)
Hearing Requested with the Japan Fair Trade Commission
Today, in response to the cease and desist order issued by the Japan Fair Trade Commission on February 27, 2009, JASRAC has requested a hearing to appeal for the rescission of the order in its entirety.
The issued cease and desist order does not take into proper consideration the basic principles of copyright and copyright administration enterprises, nor the current realities surrounding copyright administration organizations operating in Japan. It also intervenes on private business negotiations (market activities), while, from a larger stand point, possibly adversely affecting the interests of rights owners as well as those of rights users.
Therefore, with the central view to ensure the realization of copyright administration operations that are in the interests of both rights owners and rights users, JASRAC will argue its position during this hearing procedure, and request a fair and just decision.
The main arguments JASRAC has put forth with this hearing request are as follows;
| 1. |
Unlike fungible products and services, musical works essentially lack interchangeability. |
| 2. |
Broadcasters do not refrain from using musical works administered by other copyright administration organizations in
order to avoid additional copyright royalty payments, and to reason that they act in this way is untenable. |
| 3. |
Comprehensive license agreements and per-work license agreements each have their merits, and most copyright administration
organizations around the world utilize the comprehensive form of license agreement. |
| 4. |
Copyright royalties collected under JASRAC’s comprehensive license agreements have never accounted for copyright
works administered by other copyright administrators. This has been fact prior to the implementation of the Law on Management
Business of Copyright and Neighboring Rights and the emergence of competing copyright administration organizations, through
to the present. |
| 5. |
The number of musical works covered by JASRAC’s comprehensive license agreement is not a constant, and continues
to increase every year. |
| 6. |
The copyright royalty rates for broadcasting in Japan are significantly lower in comparison to those in other countries,
and JASRAC is currently working to improve these rates at the behest of copyright administration organizations around the
world. |
| 7. |
JASRAC believes that deliberations with the Japan Fair Trade Commission, not a cease and desist order, would be the optimum
process to consider an operable and effective copyright royalty collection method. To that effect, JASRAC will request a
just decision on the merits and necessity of the order itself. |
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