Date of
Judgment: March 15, 1988
Issuing
Authority: Supreme
Court
Level of
the Issuing Authority: Final Instance
Type of
Procedure: Judicial
(Civil)
Subject
Matter: Copyright and Related
Rights (Neighboring Rights)
Summary
of the judgment (decision):
If
the owner of a snack bar installs karaoke equipment and karaoke tapes which
contain recorded musical pieces which are copyrighted, and encourages the customers
to sing, particularly to sing the piece of the customer's choice in the
presence of other customers accompanied by the music recorded in the karaoke
tape being played, enhances the lively atmosphere of the outlet and thus,
intends to increase the number of customers and increase profit, this owner is
not exempted from tort liability as the subject entity of the singing in
relation to the singing by the customers, unless there is consent of the holder
of the copyright of the musical piece.
(Translated by Sir Ernest Satow Chair of Japanese Law, University of London)