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A Summary of [Performance Rights].

This is a very important topic for music lovers and those involved in event or store management.

Simply put, performance rights are the **"right to perform music to make it audible to the public."** As part of copyright (economic rights), they are protected by law.

I will explain this clearly by breaking it down into three points.


1. The scope included in "performance"

When we hear the word "performance," we tend to imagine live musical instrument playing, but it actually has a much broader meaning.

  • Live performance: Concerts, performances at live music venues, street busking, etc.

  • Playback performance: Playing CDs, music streaming services, or recorded media through speakers.

  • Singing: Singing at karaoke, choral singing, etc.

2. Why are procedures necessary?

People who create music (composers and lyricists) have the right to receive compensation (royalties) when their songs are performed somewhere.

If you perform music without permission, it becomes a copyright infringement. However, it is not practical to contact the author for every single song. Therefore, in Japan, management organizations such as JASRAC (Japanese Society for Rights of Authors, Composers and Publishers) and NexTone grant permissions and collect royalties on behalf of the authors in bulk.

3. Cases where royalties apply and where they do not

This is the part everyone is most curious about. The criterion for judgment is whether or not the music is being played for the **"public (an unspecified large number of people, or a large number of people)."**

Category Specific Examples Necessity of Payment Commercial/Business Use Concerts, cafes playing background music, karaoke establishmentsRequired Non-profit (Exceptions) Performances at home, private gatherings, use in classroomsNot required

[Important] Conditions where payment is not required even for non-profit use (Article 38 of the Copyright Act)

If you meet all three of the following conditions, you can perform the music without procedures: Not for profit, No admission fee charged to the audience, No remuneration paid to the performers

Note: When playing CDs, the rights to the "sound source" also apply

When playing CDs in stores, etc., in addition to these "performance rights," the "neighboring rights" held by record companies and others also come into play. Recently, it has become common to use music streaming services for businesses (such as USEN) to have all these procedures handled on your behalf.



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