March 18, 2021
Japanese Society for Rights of Authors,
Composers and Publishers
Judgement on Lawsuit for Confirmation of Absence of Right to Claim
in Musical Instrument Classes (Appeal Court)
Today (March 18, 2021), the Intellectual Property High Court (Part 4: with Judge Kanno Masayuki presiding) passed judgement on a lawsuit filed by musical instrument class operators (a total of 253 persons at the time of filing of the first instance) against JASRAC, modifying the judgment of the first instance (previous release: Press release dated February 28, 2020).
JASRAC argued that regardless of how the works are used (performed by instructors or students, or performance of sound recordings), musical instrument class operators are responsible for performances in musical instrument classes. However, today's judgement held that musical instrument class operators are responsible for performances by instructors and performances of sound recordings, but that they could not be held responsible for performances by students. It was judged that students who actually perform works are responsible for their own performances, and modified the original judgement on this part.
JASRAC cannot accept this judgement, and will review the court judgement and consider appropriate measures including a further appeal.
＜Timeline since the judgement of the first instance＞
|February 28, 2020||Judgement of the first instance (overall victory for JASRAC)|
|March 4, 2020||Musical instrument class operators appeal to Intellectual Property High Court|
|November 25, 2020||Preparatory proceedings (private)|
|January 14, 2021||Oral argument (public) Conclusion of proceedings|
|March 18, 2021||Judgement (public)|
＜Licensing status of musical instrument classes (as of February 2021)＞
|Number of operators||11||756||767|
|Number of facilities||13||6,769||6,782|
Judgement on Lawsuit for Confirmation of Absence of Right to Claim in Musical Instrument Classes (February 28, 2020)
JASRAC-International Relations Department: