Solar + Lunar Stage:
Mouse on Mars, Africa Bambaata, Tony Allen, Dj Sneak, Green Velvet, Jimmy Cauty, DK, Sebastien Leger, Jamie Liddel, Rovo,
DCPRG, EYE, Mayuri, Q'Hey, Kenji Takimi, Kaoru Inoue, Kihira Naoki, HIFANA, Dj Klock, and lots more!
Funkstorung, Dani Siciliano, Max De Wardener (Accidental), Vikter Duplaix, Steve Kotey (Chicken Lips), more TBA!
今回のレコード輸入規制のための著作権法改正案に関しても、付帯決議が付いていますが、上記の例をみると明らかなように、付帯決議は単なる努力目標であって何の保障もないって事ですね。先日のJ-WAVE JAM the Worldに出演された、島村宜伸衆議院議員はしきりにこの付帯決議があるから安心しろというような事を言ってましたが、そこで安心しろって話を展開するってのはやっぱし俺たちロックファンをナメてるとしか思えない（いつからロックファンなんだよ？）。
「見直し規定がある」?(The Trembling of a Leaf)
本日、 テレビ朝日 スーパーJチャンネルにて、レコード輸入規制の問題が取り上げられたそうです。放送の内容はfacethemusicにて書き起こされているので参照してください。
" Music culture in Japan is in serious problem and is about to die"
Hello, I'm a very big fan of yours.
An amendment of copyright law regarding the imported CDs and records is under deliberation in Japanese congress now.
It was first said to stop the Asian made CDs of Japanese artists (which are very cheaper in price compared to Japan made CDs), but as we have taken a look at the submitted plan, it may be applicable to every imported sound sources.
In addition, there was an explanation from the Japanese record companies that this will not effect any parallel imports from the major western record companies.
However, Agency for Cultural Affairs of Japan has received a dismissive opinion from RIAA, Recording Industry Association of America, and this opinion differs remarkably from the opinion of RIAJ, Recording Industry Association of Japan.
Therefore, this is causing confusions, anxieties, and outrages for us music fans in Japan.
Below are the controversial points raised from the music fans in Japan:
1. Licensed CDs for Japanese market are protected by the resale system and they are expensive.
Beyond that, they are trying to restrict the inexpensive imported CDs and prohibit the importing of them by the new law.
2. RIAA is hoping for the enactment of that law, for it will lower the royalty to be paid to the artists, and also lower their tax.
3. When this law is enacted, there will be no imported CDs of overseas artists available in Japan, and there will be only licensed copy controlled CDs．
Copy controlled CDs are very expensive, low in sound quality, and worst of all, no record companies guarantee that these discs can be played normally by any CD players for Japanese market.
There also will be no price competitions and the manufacturers can set the price at their own discretion.
4. When importing of oversea CDs is prohibited, there will be extremely low possibilities for us being able to listen to non-western music, experimental music, and etc, here in Japan.
5. As an assumption until the enactment of this law, they have been telling the consumers that importing of oversea music will not be prohibited, but in reality, they are hiding the sense of RIAA.
Also, this issue has been barely covered by the mass media.
6. When this law is enacted, there will be difficulties arising in international understandings and cultural exchanges through music.
This is because there are large numbers of great musicians in the world who does not releases their works through the major labels, and in Japan there are many stores that introduces those kinds of music with enthusiasm and love, and thousands of fans.
However, due to this law, there is a possibility that exporting to those stores may be stopped.
7. There is less than one month left until the enactment of this law, and foreign music lovers in Japan are suffering from this very much.
We foreign music fans in Japan are about to have our rights to freely listen to and buy music taken by such powers.
○○, please help us. Your voice may affect the thoughts of RIAA, RIAJ, and the Japanese government.
Please let me hear your views on this issue, and thank you very much for your concern.
I am one (member) of the volunteers of foreign music lovers here in Japan who loves you artists.
I am sending this messages to those who has deep understandings for foreign music fans in Japan and those who loves the Japanese music culture, as an urgent favor.
WIREのページ行くとポップアップ出るのですが、ORBITAL出演だそうです。ほんでもってORBITALは先日報道されていたのですがBlue Albumで最後のアルバムになるそうで、すなわち日本での公演もコレが最後になるわけです。LOOPZ (The ORBITAL Zine)によると、UKでは6/27のクラストンベリーが最終の公演みたいだから、それよりも後で日本で見れちゃうわけですね。
renaissance presents / Dave Seaman & Phil K / The Therepy Sessions (2枚組)
Opinions on the draft report from the Copyright
Council under the Cultural Council
Prepared for Japan's Copyright Office Agency of Culture Affairs
22 December 2003
Submitted on behalf of the International Federation of the Phonographic Industry by
Submitted on behalf of the Recording Industry Association of America by
全米レコード協会を代表して *** により提出されました
On behalf of IFPI and the Recording Industry Association of America (RIAA), we would like
to submit the following join comments in relation a variety of issues presently under
consideration in Japan. Specifically, we will address there critical issues: (1) the right to
control parallel importation; (2) term of protection; and (3) statutory damages. IFPI and
RIAA are trade associations representing the global and American recording industries
respectively. Our members created and distribute recordings of great diversity on a
worldwide basis, and rely entirely on the strength of copyright protection to sustain their
investment in recording and distributing music. Our members, both large and small, and
regardless of whether they release 5 records in a year or one thousand, share a common
thread -- the sanctity of copyright protection provides their ability to bring music to
As set forth below, we strongly endorse the adoption of a right control importation of
phonograms on a non-discriminatory basis, and we call upon the Government of Japan to
join the many countries that currently protect sound recordings for more that 50 years.
We recommend consideration of the US term (95 years from publication), but propose, at
a minimum, a term of 70 years from publication -- the term recently adopted in Japan for
the protection of audio-visual works. Finally, we urge Japan to strengthen its enforcement
regime through the adoption of statutory damages. We need to be increasingly vigilant in
the current environment to ensure that there are tools with which to deter piracy, and the
existence of statutory damages is one such important tool.
We believe that it is important for the Copyright Act of Japan to provide an importation
right, and we wholeheartedly endorse the proposition that such a right should be
extended to phonogram producers as quickly as possible.
The importation into the Japanese market of copyright protected content without right
holders' consent has negative effects on the entertainment industry in Japan that could
be eliminated by the introduction of an importation right. The following arguments
provide a detailed analysis of the need for such a right in Japan and its possible impact
on the domestic market:
1. Parallel imports undermine necessary manufacturing and distribution structures of
the music industry.
It is generally acknowledged that investing in the production of sound recordings
involves a considerable element of risk. Recorded music as the focus of consumer
attention falls somewhere between a necessity and a luxury; the market is supported by
regular but discretionary spending.
While producing successful artists and recordings is essential to the prosperity of a
recording company, equally important is the company's ability to market, distribute and
sell its products locally. Without a reliable, secure and efficient mode of distribution the
music industry simply cannot maintain the market presence it needs.
The ability to control the flow of products into a market is therefore essential to the
maintenance of the necessary manufacturing and distribution structures. Conversely,
distortion to markets created by uncontrolled and opportunist importation undermines
this infrastructure, while putting no long-term solution in its place. Because parallel
importation depends on external economic factors that are not matched to the local
market's cost structures, its effect on local markets can fluctuate dramatically and
significantly increase the inherent uncertainties of the business.
2. Parallel imports enable free ride on the marketing and promotion of products.
The Recording industry is a complex and unpredictable business. Only a small minority
of all recordings have all the necessary ingredients to become a 'hit' worldwide -- indeed,
significantly less than 5% of total releases fall into this category. However, these 'hits'
generate around 70% of the overall turnover of the recording industry, thus allowing the
industry to cover most of the losses from less successful release. A significant part of
this turnover is also used to invest in new local artists and repertoire, whether or not they
ultimately become successful, and in the development of new markets.
Parallel importers and retails, who sell parallel imported albums, take a free ride on
marketing and promotion efforts by record companies in the local market and make no
contribution whatsoever to the further development of musical culture. Not only do they
cherry-pick the successful titles, but they also exploit the success of the recording
industry's marketing initiatives and cost intensive placement and distribution of goods.
Record companies, and the distributors and retailers they cooperate with, invest in the
promotion and marketing of products in way that is tailored for (and at the costs
charged in) the national market. They work with domestic partners thereby fostering the
domestic advertisement and promotion sector.
In contrast, parallel importers simply reap the fruits of successful marketing and
promotion either done by other parties in Japan or by the overspill of successful
placement of goods in other markets. This is a framework that encourages neither fair
competitions nor the placing of a rich and wide variety of creative products.
3. Parallel imports result in advantages for international retail chains opposed to
The effect of systematic exploitation of parallel import retail strategy is the growth of
large and, often international retail chains at the cost of the market share of small
independent retailers. This is due to the fact that bigger retailers with an international
structure are better equipped to systematically target titles that have already entered the
charts in other markets, to buy cheaply in bulk in countries with lower overall cost
structures, and to exploit currency fluctuations.
The experience in other markets has shown that the removal of controls over the parallel
imports of sound recordings has benefited the big retailers and has created the basis for
the displacement of independent retailers by retail chains.
4. Consumer confidence often suffers from parallel imports
From the consumer's point of view, a CD is not just the music. It is creative material that
is fixed on a medium that adheres to quality standards and has some aesthetic design
and value in itself. This is accompanied by the presentation of the artwork, additional
information about the performer, author, the lyrics and music. The creative aspect of
the CD packaging is linked with the presentation of certain image in advertisement and
promotion. Experience has shown that parallel imports often diverge from established
quality standards and appearance, which result in either reduces consumer confidence,
confusion about responsibility for the product, or watering down of loyalty to performers
and their products.
In view of these concerns and considering that it is generally not the retailer but the
record producer who finances the promotion, placement and advertisement, it seems all
the more necessary to give right holders sufficient control over the placement of the
products after the initial release. Otherwise, it is inevitable that poorer quality products
will compete with better and more carefully designed products to the detriment of both
consumers and right holders.
5. Parallel imports increase the trade in pirated goods.
The lack of protection of parallel imports increases the trade pirated goods, There have
been instances of people purchasing parallel imported products only to find out that they
were illegal copies of original sound recordings, or stolen goods. this leads to confusion
among consumers who might not be able to distinguish between legal and pirated
products at first sight, and consequently hurts the recording producers' legitimate sales
as well as their reputation for providing high quality products.
A number of related domestic industries benefit from business resulting from a
domestic approach to the marketing and sale of sound recordings. There sectors include
not only the manufacturing of CD's but also targeted promotion and placement of
product. Each country presents a unique set of cultural, economic and commercial
factors that shape decisions over when, where and under what terms to manufacture,
promote, and distribute phonograms. To deprive authors, performers and producers of
the ability to protect their investment from imports originating in states where totally
different economic and market conditions exist, does not only have negative economic
consequences for the creative communities, but also has detrimental effects on other
industries and businesses involves in the activities of the recording industry. In the
interest of fostering the national economy and domestic music business, it is important
to ensure that a maximum of steps in the creation and distribution chain take place in
Japan itself in other to maximise the 'multiplier effect' for domestic companies resulting
from domestic interest in international and domestic repertoire.
A CD that is designed,
produced (incl. artwork and jewel case), packaged, promoted, and marketed in Japan
creates a more positive market impact that can be achieved through the mere importing
and sale of low value and often low quality products from another country -- and more
money and jobs related to the business in Japan.
7. The right to control parallel importation must be applied on a non-discriminatory
RIAA and IFPI endorse the extension of the copyright low to provide producers of
phonograms with the right to control importation, but we were somewhat concerned
about certain elements of the Council's reports, which would appear to give
consideration to the adoption of legislation granted solely in respect of Japanese
repertoire. While we fully understand that much of the consideration of this issue
emanates from a desire to provide Japanese companies with the ability to license their
works in foreign markets without fear of undermining the Japanese marketplace, we
submit that precisely the same situation affects foreign rightholders in Japan as well. If
record companies are not in a position to price differentiate between developed markets
such as Japan and less developed countries in the region, then they are limited in their
ability to offer low cost products that bear a relation to the spending power in any given
nation. This can result in pricing policies that are not wholly rational when viewed from a
national economic perspective -- but precisely because companies cannot set policies
based on "national" factors if they are unable to protect borders in relevant ways.
strongly caution against the adoption of discriminatory legislation, and call upon the
Government to provide rights to control importation with regard to all repertoire.
Demographic, economic and technological changes justify the establishment of longer
Life span has increased.
Digital technology has facilitated the dissemination of works and phonograms.
The cost of producing and marketing original material has increased.
Losses due to piracy have dramatically increased.
As a result of these changes, it takes longer for copyright holders to receive fair return
for their creative work and investment. The situation needs to be redressed by an
extension of the term of protection. Furthermore, a longer term of protection keeps pace
with (and enables right holders to benefit from) the substantially increased commercial
life of copyright works resulting from the rapid growth in communications media.
Different terms of protection have traditionally caused problems for the trans-frontier
circulation of goods and services. The situation becomes particularly problematic in the
on-line environment where with one single act (e.g. making available, streaming) a
phonogram is being exploited simultaneously in a great number of countries, if not
throughout the world.
Thus, having differing terms of protection is likely to hamper the development of
legitimate electronic commerce in general and of legitimate on-line distribution of music
in particular. The current situation also producers a great deal of legal uncertainty for the
on-line exploitation of works and phonograms. The US provides a term of protection of
95 years from the publication of the recording. More and more countries are adopting
terms in excess of 50 years, including all of America's trading partners that have recently
concluded bilateral free trade agreements.
3. Existing differences in the terms of protection facilitate piracy, particularly in
the on-line environment.
The existence of shorter terms of protection will facilitate piracy, as phonograms that
have fallen into the public domain in one country may be distributed on-line from that
country and, even if such acts will constitute an infringement of rights in the countries of
reception, the effective enforcement of rights may prove difficult.
4. Uniform longer terms of protection will facilitate the dissemination of works,
performances and phonograms.
New markets, new media and new technologies have increased the value and interest of
works, performances and phonograms. Longer uniform terms will facilitate and provide
an incentive for the development of new ways of disseminating music, including the
dissemination of back catalogue and specialised genres of music (which could be
particularly suitable for new and specifically targeted forms of on-line distribution).
In global markets, an extended term of protection is an important element to meet
foreign competition and to obtain adequate international protection (in particular, in view
of the fact that most countries apply the so-called "comparison of the terms of protection
rule" and, accordingly, do not grant protection to foreign works beyond the protection
that such works enjoy in their country of origin).
6. Longer terms are indicative of a commitment to protect right holders.
Longer terms indicate to local and foreign right holders a country's commitment to
protect rightholders, thereby attracting them and discouraging 'rightholder and artistic
flight' to other areas with greater protection. It ensures revenues will be obtained for
local rightholders and the local economy. It also ensures that local rightholders receive
the same advantageous term of protection as their foreign counterparts.
A longer term will also be an incentive for the creation of new works, especially at a time
when: (i) production costs have risen; (ii) marketing and distribution costs remain very
high; and (iii) rampant piracy makes it harder to obtain a fair compensation in the same
time span as before.
Income from existing works/phonograms is used to finance new works/phonograms.
Additional revenues received as a result of a longer term of protection enable
rightholders to take greater risks with new artists and creators.
8. Extending the term of protection increases incentives for the conservation and
dissemination of existing works and sound recordings.
Rightholders invest not only in the initial creation but also in all subsequent acts to bring
a work or a phonogram to the public. There is less incentive to publish and promote
certain works/phonograms once they are not protected any longer, and as a result such
works/phonograms become harder to find (for instance because they exist only in
formats that are not widely used anymore) and may disappear altogether.
May works/phonograms that are about to fall into the public domain have been fixed in
perishable media such as record or tapes. Also, many original recordings are extremely
fragile and subject to high degrees of deterioration and degradation. Digital technology
offers new opportunities to re-master many of such works, recordings, etc, to make them
accessible to a wider public and to facilitate their dissemination. At the same time,
restoration and preservation is a very costly and time-consuming investment. Absent a
longer term, few will risk the required commercial investment. In other words the lack of
protection will restrain the dissemination of certain works/phonograms once they fall
into the public domain.
9. The discrepancy between the protection of audio-visual producers and
phonogram producers is unjustified.
In several countries the producer of an audio-visual work enjoys author's right and
therefore a longer term of protection Japan recently adopted a term of protection of 70
years from publication with respect to audio-visual works. There is no reason why
producers of phonograms are discriminated against and do not enjoy the same term of
III. THE NEED FOR RECOGNITION OF STATUTRY DAMAGES.
Pre-established damages are badly needed to ensure adequate compensation in all cases
of counterfeiting and piracy.
1. The burden of proving the true volume of the infringement is sometimes difficult
Even the most workable provision on actual damages have their limitations. In an
increasing number of cases involving counterfeiting and piracy, it is simply impossible to
provide hard evidence of the volume of the infringement or the injury caused. In such
cases, calculating actual damages on the basis of the full price payable for the relevant
use fails to produce a satisfactory result, mainly because it is impossible to provide hard
evidence of the total number of copies made, and/or because no similar or comparable
licenses exist in the market.
On-line piracy is another similarly problematic area. In most cases it is difficult, If not
impossible, to show just how many copies have been made available and even harder to
provide evidence on the number of illegal downloads from an internet server. Even in a
'typical' on-line piracy case, the number of works or phonograms made available is often
well in excess of 1000, and the number and the identity of works downloaded before
detection is practically impossible to prove. The problem can be exacerbated by the data
protection rules that sometimes inherit civil enforcement actions by restricting the
gathering of evidence regarding the scope of an on-line infringement.
2. Pre-established damages offer a necessary alternative to compensate
rightholders for their injuries.
In situation like those described above, the burden of proving the exact volume of the
infringement - the true number of copies made and distributed - is virtually impossible to
satisfy. Unless pre-established damages are made available as alternative to actual
damages, counts will be to provide adequate compensation to rightholders under
the applicable laws.
The WTO TRIPs Agreement contemplates this remedy. Pre-established damages as
described by the WTO TRIPs agreement are not punitive damages.
established damages offer the courts an alternative route to award rightholders just
compensation in situations - like the once highlighted above - where the rules applicable
to actual damages might hinder obtaining a fair result.