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Old Feb 19, 2019, 06:11 PM
Kentaro Sato Kentaro Sato is offline
 
Join Date: May 2018
Location: Japan
Posts: 104
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Quote:
Originally Posted by GermanSeabass View Post
It appears JASRAC does collect mechanical rights for all uses on platforms, like iTunes. Again, it becomes the responsibility of rights holders to make sure their works are not orphan works.
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NO. The link that I provided doesn't state what you wrote.

1)
I have checked JASRAC, and they stated they collect fee for member's work only, period. Some fee might end up there by mistake, but that doesn't mean the user get license. JASRAC is not authorized to give any permission for non-member works.
A pontential cover artist does need to get an license individually for a work by non-member, and JASRAC cannot help on this regard.

The copyright owner have to agree to give retroactive permission to the users in exchange for fee, when the copyright owner becomes a member of PRO.
Therefore, if the copyright owner wants to have a power to individually give license, then he must not join the PRO.
In other words, joining a PRO is a choice, and not a requirment (not responsility, of course). The copyright law and international treaties clearly gurantee this.


2)
The arrangment and the moral right permission should be obtained for member works as well in Japan. This is because any change could be considered the violation, and it became industry pratice in Japan, ever since one lawsuite known as "Daichi Sansho Jiken."
A rockband was sued based on the violation of making a derivative work, and the moral right for a recording of a rock version of a famous choral work written by a JASRAC member.


3)
In order to consider a work to be orphan, you have to prove that the copyright owner is now clearly unknown from the general public eyes.
Works by famous author or a company which exist, will not be considered to be orphon. This is because not answering the potential users is considered to be a choice.
Permission to use a oprphan work may be obtained only from the Ministry of Culture.

Last edited by Kentaro Sato; Feb 20, 2019 at 10:23 AM.
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