[Kentaro Sato]

To GermanSeabass

>>In Japan, Germany, and elsewhere, mechanical royalties are paid to PROs (Performing Rights Organizations), who collect and retain those royalties. It is the responsibility of rights holders to come forward, register their songs, and claim these royalties.


Unfortunately, this is not the case in Japan.
If one wishes to "distribute" a record in Japan, it is the record producer's responsibility to pay the royalty directly to the copyright holder if the piece in question was written or controled by non-PRO member.

Japanese PRO, such as JASRAC, will not collect the fee on behalf of non-member (and many Japanese video game companies are non-member).

There is a special exception like the US compulsory licensing, but he needs to follow the governmental application and pay the royalty to the Ministry of Culture before he distribute/stream a record in Japan.

Additionally, besides the royalty, he still have to contact the copyright owner, and get the arrangement permission (if you are to arrange) and the moral right permission. This is because one doesn't get an arrangement permission for recording automatically like the US, and the "moral right" part is VERY strong in Japan unlike the US.

If one didn't follow this, one might be sued. He or she could be sued 20 years after the fact.




>>Cover song artists are required to have their own licenses to distribute cover songs in the US.

Yes, in Japan.


>>Platforms and storefronts are required to have licenses to sell/stream content in all territories

If the platforms and storefronts are the record producers, then yes.
If the piece to cover is by a PRO-member, then yes. But if you have not get an arrangement permission, then prepare to be sued in Japan.
If the cover artist (the record producer) did use the non-PRO member's work for such, prepare to be sued in Japan.


>>Publishers and rightsholders are responsible for claiming and collecting their rights, delivering catalogs to appropriate agencies, and making sure they are paid for all uses. In all cases is it appropriate and sensible to ask composers and rights holders for licenses. Unfortunately, not many game companies are interested in licensing rights to individuals, do not have an understanding of the music world, or do not have time to fulfill their obligations on an international level.


They are not responsible. Many video game companies in Japan are non-PRO member by choice.
It is their wish to control the licensing and performance by themselves, and they are perfectly allowed to do that.


All and all, I do wish they joint to a PRO, but they have not done so for good reasons, and would not do so for the same reasons in future, I guess...