May 9, 2014
Japanese Society for Rights of Authors,
Composers and Publishers
Restaurant owner arrested for prolonged copyright infringement
On May 8, 2014, the Amagasaki Kita Police Station in Hyogo Prefecture arrested a restaurant owner on suspicion of Copyright Law violation (infringement of performing rights), for the continued use of musical works administered by JASRAC (hereinafter called “JASRAC repertoire”) without authorization. The man allowed customers to sing JASRAC repertoire along with karaoke accompaniment in his restaurant.
In this case, JASRAC repertoire was used without authorization since December 2008 in the restaurant “Karaoke Shion,” located in Amagasaki City, Hyogo Prefecture. JASRAC filed a complaint against the restaurant owner for copyright infringement with the Amagasaki Kita Police Station in Hyogo Prefecture on May 2, 2014.
After the execution of the provisional injunction in January 2013 (*), the restaurant owner twice destroyed the seals which were placed on the karaoke equipment by the court enforcement officer, and continued the unauthorized music use. Such malicious behavior cannot be ignored, and from the viewpoint of maintaining fairness with licensed music users, JASRAC has lodged a criminal complaint against the owner in question.
This is the first time in Hyogo Prefecture a restaurant owner was arrested for alleged copyright infringement regarding the unauthorized use of copyright works for karaoke.
JASRAC filed a petition for civil conciliation with the Amagasaki Summary Court against the restaurant owner, to request the payment of copyright royalties for the period of unauthorized music use and the conclusion of a license agreement for future use.
→ The conciliation was unsuccessful as the owner in question did not appear in court on the set conciliation dates.
JASRAC filed a petition for a provisional injunction in this connection with the Amagasaki Branch of the Kobe District Court.
The Amagasaki Branch of the Kobe District Court ordered the execution of the provisional injunction for the prohibition of performances of JASRAC repertoire, and the retention of the karaoke equipment by the court enforcement officer.
The court enforcement officer of the Amagasaki Branch of the Kobe District Court executed the provisional injunction.
→ The restaurant owner in question continued to use JASRAC repertoire without authorization by twice destroying the seals which were placed on the karaoke equipment by the court enforcement officer.
JASRAC lodged a criminal complaint against the restaurant owner with the Amagasaki Kita Police Station in Hyogo Prefecture.
The Amagasaki Kita Police Station in Hyogo Prefecture arrested the restaurant owner in question.
JASRAC-International Relations Department: