Japanese Creators Face Copyright Dilemma on X: The JASRAC Licensing Debate Heats Up

A lively discussion is underway on the SNS platform X (formerly Twitter) regarding the posting of 'Utattemita' (I tried singing) and 'Hiitemita' (I tried playing an instrument) videos that use music managed by JASRAC (Japanese Society for Rights of Authors, Composers and Publishers). The debate was triggered by a renewed announcement from the official JASRAC account, stating that since it has comprehensive licensing agreements with certain UGC (User Generated Content) services and SNS platforms (such as YouTube, Instagram, and TikTok), creators can publish videos on these platforms without individually obtaining permission.

In response to this official announcement, many users were reminded that X is not covered by such a comprehensive agreement, leading to widespread unease. Indeed, multiple posts shared the understanding that 'X does not have a comprehensive agreement with JASRAC,' and warnings were issued that 'uploading videos directly to X carries a risk of copyright infringement.'

Creators have voiced their dissatisfaction, with comments such as 'X is only for 'viewing'; the correct approach for 'Utattemita' posts is to stick to YouTube,' 'Did Elon (Musk) cut the budget for a JASRAC contract too?' and 'From a creator's perspective, this specification is honestly too tough.' Currently, individual permission requests are required for posting on X, and it is recommended to upload to YouTube or similar platforms and then share the link on X.

One perspective suggests that the reason X has not entered into a comprehensive agreement with JASRAC lies in its historical background, as X was not originally intended as a primary video-sharing service. Some users point out that while JASRAC has been proposing a comprehensive agreement to X (then Twitter) for about 10 years, X has consistently refused, leaving future developments in the hands of Elon Musk.

Furthermore, it's noted that JASRAC is not the only copyright management organization; 'NexTone' also exists, and search services for songs managed by both organizations are attracting attention. An important distinction was also made between 'song rights' and 'sound recording rights.' It was emphasized that when using CD audio or distributed sound sources, in addition to permission from copyright management organizations, separate permission from the master rights holder is also required.

The discussion also delved into videos of singing in karaoke boxes. Opinions were raised that casual posting on social media should be avoided due to the involvement of multiple rights, including not only JASRAC's music usage permission but also the rights of karaoke manufacturers, and artists' portrait rights and publicity rights.

While critical voices against JASRAC, such as those concerning its business model and 'middleman profit' interests, persist, there is also a positive view that the relatively lenient copyright regulations for music use on domestic video sites and SNS in Japan, compared to other countries, are thanks to JASRAC's existence.

This recent trend has prompted many creators and SNS users to reconfirm their correct understanding of music copyright. All eyes are on the future developments between X and JASRAC.

The context

JASRAC (Japanese Society for Rights of Authors, Composers and Publishers) is Japan's largest and most prominent music copyright collective, responsible for managing the performance, broadcasting, and distribution rights for a vast catalog of musical works. It plays a crucial role in collecting royalties for composers, lyricists, and music publishers in Japan.

The terms 'Utattemita' (歌ってみた, literally 'I tried singing') and 'Hiitemita' (弾いてみた, 'I tried playing') refer to popular genres of user-generated content in Japan, where individuals record themselves singing covers of popular songs or playing musical instruments. These types of videos are a significant part of Japanese online creator culture, often shared across various social media platforms.

Comprehensive licensing agreements, often called 'blanket licenses,' are arrangements where a platform (like YouTube or Instagram) pays a flat fee or a percentage of revenue to a copyright management organization (like JASRAC). This allows users on that platform to legally upload content containing copyrighted music without needing to obtain individual permission for each song. The recent announcement by JASRAC clarified that many major platforms *do* have such agreements, but critically, X (formerly Twitter) does not.

This distinction is highly significant for Japanese creators because it means that directly uploading videos containing copyrighted music to X, unlike to YouTube or TikTok, carries a substantial risk of copyright infringement. The article highlights the frustration among creators who rely on these platforms for sharing their work and engaging with audiences. The historical context of Twitter not being primarily a video platform, coupled with its recent acquisition and management under Elon Musk, is cited as a potential reason for the current situation, leaving many to wonder if a comprehensive agreement will ever be reached.

Additionally, the article touches upon NexTone, another significant copyright management organization in Japan, and clarifies the crucial difference between 'song rights' (managed by organizations like JASRAC) and 'sound recording rights' (often held by record labels or artists), both of which require separate permissions for commercial or public use.