Two-Layer Structure of Music Rights
Using music requires clearing two layers of rights: copyright and neighboring rights.
Copyright (Copyright Act Article 10)
| Rights Holder | Rights |
|---|---|
| Lyricist | Copyright in lyrics |
| Composer | Copyright in music |
Protection period: 70 years after the author's death (Article 51)
Neighboring Rights (Article 89 et seq.)
| Rights Holder | Rights |
|---|---|
| Performers (singers, musicians) | Right to consent to recording, broadcast, etc. |
| Record producers (record companies) | Reproduction right, right of making available |
| Broadcasters | Rights in broadcasts |
Protection period: 70 years from performance/release (Article 101)
Collective Management by JASRAC
What Is JASRAC?
The Japanese Society for Rights of Authors, Composers and Publishers (JASRAC) manages copyright on behalf of lyricists and composers, issuing licenses and collecting/distributing royalties.
Managed works: approximately 4 million songs (domestic and international)
Uses Requiring JASRAC Clearance
The following uses require a license from JASRAC (or the rights holder directly):
| Use | Right Involved |
|---|---|
| Copying / distributing music | Reproduction / public transmission right |
| Live performance / karaoke | Performance right (Article 22) |
| Background music (store / video) | Performance / public transmission right |
| Ringtones / in-app music | Reproduction / public transmission right |
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JASRAC Blanket Agreements with Platforms
Major video platforms have blanket agreements with JASRAC. Users uploading videos with JASRAC-managed music do not need separate copyright clearance (the platform pays the royalties).
Examples: - YouTube (since 2015) - TikTok (since 2020) - Niconico (since 2012)
Neighboring Rights (Master Recording) Must Be Cleared Separately
However, using commercial CD recordings (master recordings) still requires a separate license from the record company.
The platform's JASRAC blanket license covers only copyright (composition/lyrics). Master recording use requires individual application to each record label.
Cover Videos
For cover videos (user-performed versions), if the underlying song is JASRAC-managed, the copyright is covered by the platform's blanket license. If no commercial master recording is used, neighboring rights are not an issue.
Live Performance and Background Music Fees
Performance Right (Article 22)
Playing JASRAC-managed music live or as store background music triggers the performance right and requires payment:
| Use | Approximate Fee |
|---|---|
| Live house / concert | Based on admission and capacity |
| Store BGM (cable broadcast) | From ¥1,700/month (by scale) |
| Store BGM (own recordings) | From ¥3,000/month |
| Karaoke box | Per-song royalty |
Application
Applications can be submitted via the JASRAC website. Advance application is the standard; retroactive reporting is allowed in some cases.
Practical Notes on Neighboring Rights
NexTone: A Second Collecting Society
In addition to JASRAC, NexTone (affiliated with Avex, etc.) also manages music rights. Always check which society manages a specific work.
Master Recording License Process
For film production and commercials using master recordings:
- Copyright application to JASRAC or NexTone
- Master recording license application to the record company
- Performer rights clearance if applicable
Summary
Music use requires clearing both copyright and neighboring rights. YouTube/TikTok uploads are covered for copyright purposes by platform blanket agreements with JASRAC, but using commercial master recordings still requires a separate record label license. Live performances and background music use involve the performance right, making advance JASRAC registration essential.