
In a lawsuit involving a website that imitated the ``band score'' of a music band's songs and made it available for free, the Supreme Court on the 9th confirmed for the first time that the site was liable under civil law for infringing business interests even if it was an expression that was not protected by copyright, and the second-instance judgment was finalized, ordering the site to pay approximately 169 million yen.
AI-generated summary
Unlike the music itself, sheet music does not fall under the category of ``creative expression,'' and is therefore not subject to protection under copyright law.
On the 9th, the Supreme Court's 2nd Petty Bench handed down an appeals court ruling in a lawsuit in which Tokyo-based music publisher Fairy sought compensation for damages from the site's operating company for copying the ``Band Score,'' a collection of scores of music bands' songs, and making it available for free on a website.
Presiding Judge Mamoru Miura acknowledged liability for compensation and dismissed the site's appeal. The second instance judgment ordering the payment of approximately 169 million yen has been finalized.
Unlike the music itself, sheet music does not fall under the category of ``creative expression,'' and is therefore not subject to protection under copyright law. This is the first time that the Supreme Court has recognized liability under civil law for infringing business interests in the use of expressions not protected by copyright law. This is likely to have an impact on other lawsuits regarding the secondary use of expressive materials for commercial purposes.
According to the second instance ruling, complete sheet music often does not exist for band music that is composed while performing at the recording site. The plaintiff pays a royalty to the Japan Music Copyright Association (JASRAC), listens to the sound source, transcribes it, and sells the band score. The defendant purchased the plaintiff's band score and made a copy of it available for free on its own website, earning advertising revenue.

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