Top Court Finalizes Damages for Band Score Imitation
Tokyo, Oct. 9 (Jiji Press)--Japan's Supreme Court on Friday upheld a damages order against a website operator who made imitation band scores available for free. The top court's Second Petty Bench thus finalized the Tokyo High Court order that the website operator pay about 169 million yen in damages to the plaintiff, Fairy Inc., the Tokyo-based publisher of the original band scores. The ...
Tokyo, October 9 - The Japanese Supreme Court affirmed a damages ruling on Friday against a website operator who provided free imitation band scores. The Second Petty Bench of the Supreme Court thus concluded the Tokyo High Court's order, requiring the website operator to pay roughly 169 million yen in damages to the plaintiff, Fairy Inc., a Tokyo-based publisher of the original band scores.
The Supreme Court concluded that the defendant had pirated scores for at least 579 band songs over approximately six and a half years, circumventing the significant challenge of compiling such scores. It recognized that Fairy Inc. had faced a temporary sales decline. This marks the first instance where the top court acknowledged liability for breaching business interests via the use of works not protected by Japan's copyright law, including music scores.
In contrast to songs, music scores are not classified as creative works under the law. According to the ruling, band songs are generally created in recording studio sessions and often lack comprehensive scores. The plaintiff sells band scores that are transcribed from songs and purchased after paying song usage fees to Japan's Society for Rights of Authors, Composers and Publishers (JASRAC).
The defendant acquired these band scores and posted imitation versions on their website to generate advertising revenue.
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