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