When a business uses music in Japan, it must clear two separate layers of rights: the copyright in the song (held by the lyricist and composer) and the neighboring rights in the recording (held by the performers and the record producer). JASRAC and NexTone, Japan’s main music collecting societies, generally license only the song; if you use a commercial CD or a streamed track as-is, you also need permission from the record label or other owner of the recording.
The required procedure also changes depending on whether you play the music in a shop, put it in a video, or distribute it online, and platform-wide licenses on social media do not cover uses such as advertising videos, so check before you publish.
Situations Where This Becomes an Issue
- A shop plays streamed music from a staff member’s smartphone as background music.
- An ad agency proposes using the original recording of a hit song in a new product video.
- A company plans to post a video using a foreign artist’s song on its corporate YouTube channel.
- A contract with a composer for game music does not clearly state who keeps the rights.
Music Carries Two Layers of Rights
A single piece of recorded music contains two different kinds of rights. Neighboring rights are rights granted to those who communicate works. The terms of protection also run separately.
| Right | Who holds it | Term of protection |
|---|---|---|
| Copyright (the song) | The lyricist and composer who created the words and melody | Generally until 70 years after the author’s death (Art. 51(2)) |
| Neighboring rights (the recording) | The performers who sang or played it and the record producer who first fixed the sounds, usually a record label (Copyright Act, Art. 2(1)(iv) and (vi), and Arts. 89 et seq.) | 70 years counted from the year after the performance or, for a phonogram, the year after its release (Art. 101(2)) |
What the industry calls “master rights” mainly refers to the record producer’s rights. The record producer holds rights over reproducing the recording and making it available online (Arts. 96 and 96-2). Performers hold rights over recording their performances and making them available for transmission (Arts. 91 and 92-2).
If you have your own band re-record a popular song for a video, the main issue is the song’s copyright. If you use the original recording, you must clear the recording rights as well.
Even an old song can have a newly recorded version with its own rights.
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The song copyright is divided into separate rights by type of use. Once you know which right is involved, you know what to apply for and where.
| Use | Main right involved |
|---|---|
| Live performance at events, background music in shops | Performance right (Art. 22) |
| Video streaming, music distribution, live streaming | Right of public transmission (Art. 23) |
| Producing CDs or video discs, recording music into videos | Reproduction right (Art. 21) |
The performance right covers performing a work with the purpose of having the public hear it directly (Art. 22). This includes not only live playing but also playing recordings for customers.
“The public” includes a large number of specific persons (Art. 2(5)), so a members-only venue is not automatically exempt.
Who counts as the “user” of the performance also matters. Japan’s Supreme Court held that a music school operator is not the user of the performances given by students during lessons (Supreme Court, October 24, 2022, Case No. 2021 (Ju) 1112).
The Court said this depends on the purpose and manner of the performance and the nature and degree of involvement, among other factors. Whether a business is regarded as “performing” therefore depends on how it is structured.
Performances that are non-profit, free of charge to the audience, and unpaid for the performers can be given without permission (Art. 38(1)). All three conditions must be met, so corporate promotional events usually do not qualify.
JASRAC and NexTone: What They Manage and How to Get a License
JASRAC and NexTone are Japan’s main music copyright management businesses. The scope of management differs from song to song.
| Item | JASRAC | NexTone |
|---|---|---|
| Arrangement | Manages rights entrusted to it by lyricists and composers under a trust arrangement. | Manages rights under a mandate, so the copyright itself does not transfer to it. |
| Scope of management | Lets rights holders choose, category by category (performance, recording, distribution, and so on), whether to entrust their rights. | Manages rights by type of right and by type of use, such as background music, advertising, and online distribution. |
| Works database | “J-WID” | “NexTone works database” |
The same song may be managed by NexTone for distribution and by JASRAC for performance. The starting point is therefore each society’s works database. For any category neither society manages, you seek permission from the music publisher or the author directly.
There are also choices in how you license.
| License type | Details |
|---|---|
| Blanket license | For performances at shops and similar venues, JASRAC offers a license covering all its managed works under set conditions. |
| Per-song license | A per-song, per-use license. |
| Designated fee | For reproduction for advertising or in games, the fee is an amount designated by the author or music publisher, and you must obtain the rights holder’s consent in advance. |
Some things the societies do not handle. Arrangements, parody lyrics, and translated lyrics require confirming the wishes of the lyricist and composer. Both JASRAC and NexTone advise users to check with the music publisher or other rights holder beforehand.
Synchronization (Sync) Use in Video
Recording music in timed relation to images is called “sync” in practice. Legally, it is a reproduction in which the song is recorded together with the visuals (Art. 2(1)(xv) and Art. 21). Commercials, corporate promotional videos, games, and films are typical cases.
JASRAC classifies these recordings by purpose. As noted above, reproduction for advertising or games is priced at an amount set by the rights holder. It is safest to confirm the rights holder’s terms as soon as you begin planning to use a song in video.
Pay particular attention to performers’ rights.
Important
Be careful when shortening or editing a recording. Performers have the right not to have their performance altered in a way that harms their honor or reputation (Art. 90-3). Lyricists and composers also have the right to preserve the integrity of their work against changes made against their will (Art. 20).
Licensing the Master Recording
To use a commercial CD or streamed track in a video, advertisement, or app, you need permission from the owner of the recording in addition to the song license. JASRAC and NexTone do not license recordings themselves and direct users to contact the record label or other owner.
A master use license should specify the media, term, territory, length, and whether edits are allowed.
Caution
For labels and production companies that own masters, who first fixed the sounds determines who holds the record producer’s rights (Art. 2(1)(vi)). If the party paying for production differs from the party making the recording, the contract should state clearly who owns the master.
If you cannot reach a rights holder despite your efforts, a new system lets you use certain works for a limited period with a ruling from the Commissioner for Cultural Affairs. It covers works not entrusted to a collecting society, among others, and has been in operation since April 2026.
Platform-Wide Licenses on Social Media: Scope and Limits
JASRAC and NexTone have license agreements with video-sharing services such as YouTube. JASRAC’s published list (updated October 13, 2026) includes YouTube, TikTok, and Instagram, among others. On these services, uploaders can post videos containing managed songs within a certain scope without their own application.
These platform licenses have limits. According to JASRAC, uploaders must complete their own procedures in the following cases:
- Videos promoting a company, organization, product, or service (reproduction for advertising)
- Videos containing foreign works posted by a company, school, or other organization (videogram recording)
- Footage of concerts or events you organized with an audience (performance license)
Platform licenses also cover only the song. If you use a commercial CD or streamed track, you separately need permission from the owner of the recording. Anyone running a corporate account should understand “the platform has a license” as applying only to the song rights.
Background Music in Shops and the 2026 Amendment
At present, the permission needed to play CDs or streamed music in a shop is mainly the song copyright (performance right). For JASRAC-managed songs, the license is generally handled venue by venue, and background-music-only use can be applied for online. Until now, performers and record producers have had no rights concerning playback in shops.
On June 24, 2026, an amendment to the Copyright Act (Act No. 48 of 2026) was promulgated.
It creates a new right for performers and record producers to receive remuneration when commercial recordings, including CDs and streamed tracks, are played in public, such as background music in shops. It is a right to remuneration rather than a right to authorize, and it will be exercised through an organization designated by the Commissioner for Cultural Affairs.
The amendment will take effect on a date set by Cabinet Order within three years of promulgation. Some cases, such as non-profit, free-of-charge playback, will not require payment. Businesses that run shops or facilities should prepare to review how they source background music and what it costs.
Generative AI and Music
Using music to develop and train generative AI is, in principle, permitted without the rights holder’s consent (Art. 30-4). The same rule applies to recording rights (Art. 102(1)).
However, the “General Understanding on AI and Copyright in Japan” (March 2024), compiled by a subcommittee of the Agency for Cultural Affairs’ Council for Cultural Affairs, identifies cases where the exception does not apply. For example, additional training aimed at outputting the expression of specific works is considered to involve a purpose of enjoying the works as well.
When AI-generated music is released or sold, infringement is judged by the same standards as any other case. If the output shares creative expression with an existing song and was derived from it, it can infringe. If an existing song was in the training data, derivation is usually presumed even if the user did not know the song.
Whether AI-generated music is itself protected depends on human involvement. Music generated autonomously by AI from a simple prompt is generally considered not to be a copyrighted work. JASRAC likewise manages only AI-assisted works in which a human creative contribution is recognized.
Contract Checkpoints
In music license and production agreements, check the following:
- Scope of use: media, territory, term, length, number of uses, and secondary uses such as short clips or overseas rollout
- Ownership: whether the copyright is assigned or only licensed. Rights to arrange or adapt the work are presumed to stay with the assignor unless the contract specifically mentions them (Art. 61(2))
- Performer consent: whether consent at the time of recording covers future uses
- Edits and credits: whether editing or shortening is allowed, and how authors and performers are credited
- Collecting societies: whether the composer has entrusted the song to JASRAC or NexTone, and for which categories
- Warranties and indemnities: a warranty of non-infringement and allocation of liability if problems arise
- Governing law and dispute resolution: for contracts with overseas rights holders or users, which country’s law and courts apply
Key point
What You Can Do Now
- 1
List uses by purpose
List the music your business uses by purpose: shop background music, videos, events, apps.
- 2
Check the managing society
For each song, check the managing society and categories in J-WID or the NexTone works database.
- 3
Check recording licenses
Flag every place where you use a commercial CD or streamed track, and confirm whether you have a license for the recording.
- 4
Review corporate accounts
Review your corporate-account videos for advertising purposes or use of foreign works.
- 5
Check shop music licenses
Check the status of your JASRAC or other licenses and the terms of the streaming service you use.
- 6
Review outsourcing contracts
Pull out your contracts for outsourced composition or recording and check the ownership and scope-of-use provisions.
When to Consult a Lawyer
- You receive a written demand for fees or to stop using music from a collecting society or record label.
- A video receives an infringement claim and you are notified of demonetization or removal.
- You are starting rights clearance for a high-budget project such as an advertisement, game, or app.
- You and a composer or artist disagree about ownership of rights or royalty splits.
- You are taking a license from an overseas rights holder, or licensing Japanese music for use abroad.
- You are launching an AI music service, or suspect your company’s music was used for training.
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Frequently Asked Questions
Do I need a license to use a JASRAC-managed song in a video posted to YouTube or TikTok?
On services that have a license agreement with JASRAC, uploaders can generally post videos containing managed songs without their own application, within the scope of that agreement. Advertising videos, videos in which a company uses foreign works, and footage of events you organize require separate procedures. If you use a commercial recording, you also need permission from the record label or other owner of the recording.
What permission does a shop need to play CDs or streamed music as background music?
Playing music to customers in a shop falls under the songwriter’s performance right (Copyright Act, Art. 22). For JASRAC-managed songs, each venue needs a JASRAC license, and background-music-only use can be applied for online. Under an amendment promulgated in June 2026, shops are also expected to pay remuneration to performers and record producers once it takes effect on a date to be set by Cabinet Order.
We want to use a commercially released track in our company’s promotional video. What do we need to do?
You need permission for both the song (copyright) and the recording (neighboring rights). Check the song’s management status in the collecting society’s database; for advertising use, confirm in advance the fee and terms set by the rights holder. For the recording, contact the record label directly and agree in writing on the media, term, and territory of use.
Is AI-generated music protected by copyright? What if it ends up resembling an existing song?
Music generated autonomously by AI from a simple prompt is generally considered not to be a copyrighted work. If a person used AI as a tool and made a creative contribution, the result can qualify as a work. If the output is similar to an existing song and derived from it, infringement is assessed under the same standards as any other case.
What should a foreign company watch for when running a campaign in Japan that uses music?
Performances and online distribution in Japan should be checked against the Japanese Copyright Act and the procedures of Japanese collecting societies. Confirm whether a license obtained in your home country actually covers use in Japan by reviewing its territory and media terms. Some situations, such as a company distributing videos that include foreign works, require procedures specific to Japan.