There is no self-cleaning action in JASRAC which affirms "I can not make an appointment at all"?
before"JASRAC's anti-monopoly law violation accident or the Fair Trade Commission to order cease and desist orderWe informed the news that at last the Fair Trade Commission officially issued the "Order of Exclusion Measures Against the Japan Society for Copyright Association" on this date.
However, JASRAC to the other day on the official website after 17 o'clock on the official website "The association said that on February 27 the order of exclusion measures received from the Fair Trade Commission was incorrect in both fact finding and application of laws and regulations I am thinking,I can not make an appointment at all.Therefore, we will request the referee in accordance with the procedure of laws and ordinances. "
I have read the content that both sides argue, but whatever you interpret, what JASRAC says is strange. Far from being funny, it has been overwhelmed by childish objections that are felt only as "self-cleaning action is not in JASRAC!", And it is extremely disappointing content.
Just what is wrong with JASRAC, details are below.
Let's start by reading the contents that the Fair Trade Commission announced.
About the exclusion measure order for the Japan Music Association of Copyright Protection(PDF file)
The contents of this violation are illustrated in the above file in an easy-to-understand manner, and it is as follows.
The outline of the violation pointed out in the above document is as follows.
2 Outline of violation
(1) JASRAC refers to a method of comprehensively collecting collection fees (broadcasting, etc.) from broadcasters (Note 1) (comprehensively using the entire managed songs related to the use of broadcasting etc., comprehensively calculating and collecting fees for broadcasting etc.). In the calculation of the usage fee for broadcasting etc collected by the method of (1), the method such that the use ratio of broadcasting etc. (2) is not reflected in the usage fee for broadcasting etc. is adopted. As a result, when the broadcasting company pays a usage fee for broadcasting, etc. to another management business operator (Note 3), the total amount of the usage fee for broadcasting etc. to be borne by the broadcasting company will increase by that amount Become.
In short, rather than applying each time for each time, "Comprehensive collection" by the method "If you pay about all of the sales, you can use it even if you do not need detailed applications!There is a contract saying that there is a disadvantage for copyright management companies other than JASRAC, which is a misappropriation of JASRAC's monopolistic position in music copyright.
This is written as follows.
(2) As a result, administrators other than JASRAC are unable to use management music related to the use of their own broadcasts, for example, in broadcasting programs of broadcasting companies, and use broadcasting etc. as managed music related to the use of broadcasting etc. Since it is impossible to secure almost all of possible anticipated music work, it is difficult to run management business related to the use of broadcast etc.
(3) By the act of (1) above, by eliminating the business activities of other administrative businesses, JASRAC can use the management music related to the use of broadcasting etc. for broadcasting companies in Japan against contrary to public interest It substantially restricts competition in the licensing field.
In response to this, JASRAC refutes as follows.
About appeals against the Fair Trade Commission
The following parts are written clearly.
We do not believe that the current method of collecting royalties and other fees related to the copyrighted work of the association is a private monopoly under the Antimonopoly Act. Also, in order to respond to this order, it is thought that it is necessary to report all songs of the broadcast song which we have been promoting with broadcasting companies so far, but at the moment all broadcasting companies I have not arrived until I will report all songs.
Also, we are developing the following arguments. But none of these are outliers and funny things. It may be deceived if it is an amateur, but it will not be available on the Internet. I can not even defend as long as I do not interpret JASRAC.
1. The association does not do any anti-competitive instructions or requests.
Even if you have not instructed or requested anything in fact it has become so, it should be natural that you review the current mechanism and try to promote fair competition. The thing that has kept on thinking and keeping on thinking about only ourselves without making such efforts so far became a problem and it is being questioned, it seems that it has been raised on the shelf .
2. In this order, it is not clear what kind of method should be adopted concretely in the calculation of broadcasting fee.
Is there no self-cleaning action in JASRAC? I do not understand why I refuse even making a tentative plan. It is clear that refusing to say "It does not match the actual circumstances" probably next time if a concrete proposal is issued from the Fair Trade Commission. In short, it is just quibble. There is no question of self-cleaning effect, otherwise it will not be condoned from every direction persistently. You should look back on how insignificant you have done so far, ignoring the demands of the times and destroying the music culture.
3. This order is impossible to execute by our association alone unless cooperation of broadcasters is obtained.
It is only a matter of grasping the exact numerical value by getting the cooperation of broadcasters, but I do not know the reason for not doing it. In fact, JASRAC himself / herself said "to inform all of the details of the musical work that the broadcaster used in the broadcast program to our association (Full song report of the broadcast program), It is not impossible to reflect the proportion of the association's administrative work in the total number of music works used in the broadcast program in the broadcasting fee "," We have already been implemented in some broadcasting companies, mainly NHK and private key stations, and the rest of the broadcasters are also making progress toward realization. "It is only necessary to continue this as it is Story. Despite of that, it is too convenient that "a cease and desist order was issued in the midst of stakeholder voluntary efforts, with no specific measures or time delays being clarified" It is a story that is too good. It is as if you would like to say that commercial service that does not cooperate with JASRAC is bad. Are not you ashamed of appalling sins other than ourselves? I wonder if JASRAC has made a trial against other people for whatever reasons and has not given specific measures to those people, organizations or companies over time as well, It seems that I finally found out by sticking to the bone.
4. The usage fee paid by the Association is the consideration for the permission for the administrative work of this association to the last.
"In calculating the royalties under this contract, if you grasp the state of use of the administrative work of other administrator and considering it, there is also the possibility that it will be contrary to fair and free competition" Although it is written, it is called "market principle" or "competition" in the business world. Do not you know that this capitalistic society did not do anything natural? Why do not you understand the "antitrust law" or even its fundamental meaning? Perhaps those who are in charge of this case in JASRAC should know, how much we have been doing messy things up to now and how much they have been condemned Have you destroyed the music culture, plucked the backward buds, and created various distortions about copyright?
Clearly said this time is "self-ownership", based on this order "reflect on", presenting forward-looking strategies in the future, moving to a constructive direction, to restore JASRAC's reputation Despite being an opportunity for such a child, if you do such a childlike argument, consider only their own interests, ignore social participation and repeat only your own ego claims , There is no future for JASRAC.
I sincerely hope that JASRAC will wake up as soon as possible.
in Column, Posted by darkhorse