Overview per Jurisdiction
Japan
Governing Law & Dispute Resolution Mechanism

Act on Management Business of Copyright and Neighboring Rights (“Act”)

 


Is there a specialized dispute resolution body? Yes
Which Body? The Agency for Cultural Affairs

Under the Act, users may demand “Designated Collecting Societies” to attend a discussion concerning the licensing terms where the collecting society is considered to have significant influence on standard licensing terms. The collecting society must accept such a demand.

If the user and the society are unable to reach agreement as a result of this discussion, the parties may make a request to the Agency of Cultural Affairs for a ruling on the licensing terms.  If the Agency of Cultural Affairs issues a ruling to amend the licensing terms, the licensing terms are amended according to the ruling.

Collecting societies currently designated as Designated Collecting Societies by the Agency for Cultural Affairs in relation to audio video licensing are;

  • Japanese Society for Rights of Authors, Composers and Publishers (JASRAC)
  • Japan Council of Performers’ Organizations, Center for Performers’ Rights Administration (CPRA)
  • The Recording Industry Association of Japan (RIAJ)
Do the general courts have jurisdiction to determine reasonable license terms where they cannot be agreed? No
Which court? N/A

Summary of Key Collecting Societies
Type of Licenses
TV Radio Online Production Mechanical Performance / Renting Live Events Products Others
CPRA - Japan Council of Performers' Organizations, Center for Performers’ Rights Administration N/A N/A
eLicense Inc. N/A N/A N/A
JASRAC - Japanese Society for Rights of Authors, Composers and Publishers N/A
JRC - Japan Rights Clearance Inc. N/A N/A N/A N/A N/A N/A
RIAJ - The Recording Industry Association of Japan N/A N/A N/A N/A N/A
WGJ - Writers Guild of Japan N/A N/A N/A N/A N/A N/A N/A
WMIB - World Music Internet Broadcast N/A N/A N/A N/A N/A


N/A - CMO does not offer this type of license



Level of Activity

The local collecting societies are generally active.

Contributors / Coordinators

Both Baker & McKenzie and WIPO coordinated and/or contributed content for this chapter. For more information on the relevant CMOs, please contact the CMOs directly.


Daisuke Tatsuno
Baker & McKenzie (Gaikokuho Joint Enterprise)
Tokyo
Daisuke.Tatsuno@bakermckenzie.com
T + 81 3 6271 9479