fredag, april 25, 2008

Mere om JASRAC

Som nævnt her, er den japansk rettighedshaverorganisation, JASRAC, blevet ransaget af det japanske konkurrenceråd, fordi det er mistænkt for at have overtrådt landets monopollove.
Yomiuri har en artikel om sagen:

"The FTC suspects that JASRAC hampered the entry of other organizations into the music licensing market by concluding exclusive agreements with TV broadcasters in violation of the Antimonopoly Law.

Among its other activities, the organization collects copyright royalties from TV stations on behalf of songwriters and music publishers, receiving a commission from them in return.

The 2001 enforcement of a law on copyright administration business enabled new organizations to enter the music licensing service market. But JASRAC still dominates the market, and controls the majority of musical copyright in this country.

According to sources close to the industry, JASRAC has concluded blanket licensing contracts with NHK and private TV companies. The contract enables TV broadcasters to air or record for airing every piece of music whose copyright is administered by the organization.

Under the contract, the organization collects from individual TV stations 1.5 percent of overall sales from their broadcasting business in the previous fiscal year, irrespective of how often individual pieces of music have been used.

In fiscal 2006, the organization collected about 26 billion yen in royalties from TV companies.

Although 10 organizations have registered themselves as music copyright administrators with the Cultural Affairs Agency since the new law came into effect in 2001, JASRAC maintains its dominant status in the market because of the massive quantity of music under its control. Therefore, TV broadcasters see little advantage in concluding blanket contracts with other organizations.

Although TV stations are able to conclude a different contract under which royalties are paid on a pay-per-use basis, few have adopted the system due to the high costs and large amount of labor associated with keeping tabs on all the music.

If a TV station wishes to use a piece of music whose copyright is not managed by JASRAC, it has to make an extra payment to another administrator. The FTC therefore pointed out that the current system functions to solidify TV broadcasters' dependence on JASRAC and hamper fair competitions in the market.

JASRAC completely monopolized the music licensing business for 62 years--under a 1939 law that approved the organization as the sole entity for conducting such business--until the introduction of the new law in 2001."

Ingen kommentarer:

Send en kommentar