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News Releases
October 24, 2022
Japanese Society for Rights of Authors,
Composers and Publishers
(JASRAC)
Supreme Court Decision on
Lawsuit for Confirmation of Absence of Right to Claim in
Musical Instrument Classes
The First Petty Bench of the Supreme Court (presiding judge MIYAMA Takuya) rendered a decision on the above lawsuit filed by musical instrument class operators (a total of 253 persons at the filing of first instance) against the Japanese Society for Rights of Authors, Composers and Publishers (JASRAC) as the defendant, rejecting the petition for the acceptance of the final appeal filed by musical instrument class operators with regard to instructors' performances and performances of sound recordings on July 28, 2022 and judging that JASRAC's appeal on performances by students is dismissed on October 24, 2022.
This has confirmed that copyright extends to music usages by means of performances in musical instrument classes. It is disappointing, however, that our argument on one of the issues - performances by students - was unaccepted.
In many cases, music creators are remunerated only when their works are used. Each creator can earn a living and head towards the next creation by accumulating this remuneration for one usage of one work. The Copyright Law of Japan provides that its purpose is "to ensure protection for the rights of authors and other such persons while according attention to the fair exploitation of these cultural products, and thereby to contribute to cultural development" (Article 1). The business objectives of JASRAC are the same. We are confident that "exploitation" and "protection" are inevitably compatible in the business concerning musical instrument classes, as with all usage categories in which we have paved the way for licensing.
We are aware that musical instrument class operators have strived for the development of music culture across Japan. JASRAC will proceed with its initiatives for realizing a rich society where many people are able to enjoy a variety of music experiences.
<Timeline following first instance judgement>
February 28, 2020 | First instance judgement (see press release ) |
March 4, 2020 | Musical instrumental class operators file appeal to Intellectual Property High Court |
November 25, 2020 | Preparatory proceedings (closed to the public) |
January 14, 2021 | Oral argument (open to the public) / Conclusion of trial |
March 18, 2021 | Second instance judgement (see press release ) |
March 31, 2021 | Filing of final appeal and petition for acceptance of final appeal |
October 24, 2022 | Supreme Court judgement |
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