Now JASRAC
(Japanese Society for Rights of Authors, Composers and Publishers) has formally
begun a further step in its mission to enforce copyright in a range of public
space. On September 25, 2017, the Sapporo District Court in Hokkaido began the
initial oral hearings in JASRAC’s first case against haircutting establishments
that are allegedly playing songs for which JASRAC administers copyright. The
barbershop owner claimed that he was using music lacking copyright over the
past three years for which JASRAC demands royalty payment.
The
royalties arrears, as JASRAC has calculated for the past three years, is in the
range of under a few hundred dollars. Over this single case the fight seems
exaggerated, but considering the numerous barber shops and hair salons
throughout Japan, this signals a warning to thousands of establishments that
they may be required to pay up if the case goes against the defendant in this
case. In June 2017, he claimed JASRAC had told him that he could ignore the
annual warnings they had been sending him, and was surprised this year to be
sued formally.
JASRAC’s has
been ramping up its pressure for the rights it claims for musicians and
composers increasingly vigorously and consistently, and sees this litigation as
part of this process toward greater consistency in enforcement. The claim by
the defendant in this case that he did not need to pay attention to the
infringement warnings probably should not constitute a waiver of JASRAC’s
authority to seek payment, if the copyright has actually been infringed to
begin with. And even if the defendant can win based on this circumstance, it is
unlikely that other violators would be let off the hook and JASRAC will
continue to push for royalties in more and more spheres.
October 10
update: Meanwhile, in another case JASRAC initiated against an alleged
infringing public establishment, Takamatsu restaurant and bar Jamaican Corner
BROWN’S, the defendant chose to admit to copyright infringement and settle with
JASRAC, paying what it has been charged, though a representative complained
that JASRAC’s policy of distributing royalties collected from establishments
like his is opaque.
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