Japan’s Supreme Court Rules Unauthorized Copies of Music Scores on Website Obstructed Publisher’s Business
The Second Petty Bench of the Supreme Court on Friday ordered a website operator pay about ¥169 million to a publisher of music scores in a lawsuit filed by the publisher alleging it suffered damages from the unauthorized copies of its work made available on the operator’s website.
In a landmark ruling, Japan's Supreme Court has declared that unauthorized copies of music scores on a website obstructed a publisher's business operations. The decision, made by the Second Petty Bench of the Supreme Court on Friday, marks the first time the highest court has ruled that the unauthorized use of works not protected by the Copyright Law constitutes an unlawful act under the Civil Code.
The ruling applies to the unauthorized publication of works beyond the scope of free competition and business operations, infringing on business profits as unlawful acts. Presiding Judge Mamoru Miura emphasized that this determination is based on special circumstances, such as when an act deviates from the scope of free competition and obstructs business operations, resulting in the infringement of business profits through unfair means.
The case involves Tokyo-based publisher Fairy Inc. and Tokyo-based website operator GLNET. Fairy Inc. had been selling music scores transcribed from audio recordings, while GLNET purchased these scores from Fairy Inc. and posted unauthorized copies online from December 2011 to June 2018 to generate advertising revenue. GLNET's actions caused Fairy Inc.'s sales to plummet, with the publisher seeking ¥500 million in damages.
In response to Fairy Inc.'s lawsuit, the Tokyo District Court had dismissed the plaintiff's claims, ruling that the scores were not copies. However, the Supreme Court has now upheld the Tokyo High Court's ruling, dismissing GLNET's appeal and finalizing the plaintiff's victory. The court determined that GLNET's unauthorized use of the scores constituted an unlawful act, as the publication went beyond the scope of free competition and obstructed Fairy Inc.'s business operations, resulting in a significant loss of profits.
Written by urgent.news from The Japan News by The Yomiuri Shimbun's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
