Representatives
for a number of major music schools, particularly those (like Yamaha) involved
in sale of musical instruments, and JASRAC (Japanese Society for Rights of
Authors, Composers and Publishers) spoke at initial hearings in the Tokyo
District Court on September 6, 2017.
The music
schools asserted that music practiced in a lesson is not truly intended for
public hearing, which is how the Copyright Law defines a copyrighted
“performance.” JASRAC insists that playing songs to which it has the license,
for another person and for a profit, is covered by copyright and that musicians
deserve their fair share from such “performances,” too.
The music
schools appeal to the fear that the usage fees would harm the progress of music
learning. Musicians have joined in this chorus. For example, pop star Utada
Hikaru has “tweeted” that she wants music teachers and students to use her
songs freely.
In broader
perspective, Yamaha and other schools are not sole targets of a tightening of
copyright enforcement on JASRAC’s part. Dance studios, karaoke halls, and
fitness clubs have already been required to pay fees for the copyrighted songs
they play. JASRAC sees the large music schools as the next target in a line of
institutions that have been using copyrighted music unfairly until now. The courts
will need to determine whether JASRAC is keeping in line with the Copyright Act
in proceeding with this course, or if the schools claim legitimately to be
substantively different from those other businesses.
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