Last updated: September 2020

JASRAC
Guide to the Copyright Trust Contract and MembershipThank you for considering the entrustment of your copyrights to JASRAC.
This brochure explains the conditions and the procedures for the entrustment of
your copyrights, your valuable property.
Please use this as a reference in your consideration for concluding a
Copyright Trust Contract with JASRAC, and also as a guide to the application of
the Trust Contract.
1. JASRAC’s Role
2. About the Copyright Trust Contract
3. Application for Copyright Trust Contract
4. About JASRAC Membership and Trustorship
5. FAQ

1.

JASRAC’s RoleJASRAC’s role is to “administer copyrights;” rights owners (authors, composers,
music publishers, successors of copyright owners, etc.) entrust their copyrights
to JASRAC, and JASRAC in turn distributes to the rights owners copyrightroyalties that music users pay. Rights owners may choose to administer theirown copyrights, but it is extremely labor intensive to monitor music usage in its
various forms such as concerts, karaoke, broadcasts, sound recordings anddigital distribution, and then to deal with music users individually. This is where
JASRAC can help through its business of collecting copyright royalties frommusic users for various forms of music use on behalf of rights owners, anddistributing those royalties to each rights owner.

Copyright agreement per work

Copyright owner(author / composer)
Successors, etc.

Trust Contract forMusic publisher
Re-distribution of royalties

Distribution of royalties

Distribution of royalties
Trust Contract for

copyright entrustment

copyright entrustment

JASRAC

Reciprocal representation

Usage license

Foreigncopyright
administrationsocieties

2.

Application for
copyright clearance
Payment of fees

Music users
Concert, Karaoke, CD / DVD /scores, TV, radio, Internet, etc.

Promotion of works

About the Copyright Trust Contract

The “Copyright Trust Contract” is a contract whereby rights owners entrust their
copyrights to JASRAC. The contract stipulates the term of the contract, theextent of copyright administration to be entrusted, methods of administration andother aspects.
JASRAC’s “Copyright Trust Contract” is not a per work “registration.”
The Contract entrusts the copyrights of all of the works a rights ownerowns, including works that were created previous to the Contract being
concluded, as well as works created afterwards.

1♫ Term of the Trust Contract
The term of the Trust Contract is 3 years. However, the first contract term will
be up to the first March 31st which arrives two years after the day the TrustContract is concluded. Unless there is a request to cancel the contract, it will
be renewed automatically for another 3 years. There is no renewal fee.
♫ Choice in the Extent of Trust of Rights
Generally, JASRAC is entrusted with and administers any and all copyrights
owned and to be owned by a Trustor. However, a Trustor may exclude a part ofhis/her copyrights from his/her entrustment to JASRAC.
A Trustor may choose to exclude his/her rights from JASRAC’s administration inaccordance with the classification of categories of rights (such as 1) Performing
Rights, 2) Mechanical Rights) or utilization forms (such as 8) Reproduction for
Advertisement, 10) Interactive Transmission) shown below. Please note that a
Trustor cannot exclude the rights on a per work basis.
* The extent of trust of rights can only be changed at the time of renewal.
1)

2)

3)

Performing rights, etc. Mechanical rights, etc.
5)6)Recording infilms

Recording invideograms,
etc.

7)

8)

Reproduction
for Games

Reproduction for
Advertisement

9)

Broadcasting / Cable broadcasting

10)

Interactive transmission

11)

On-line Karaoke for business use

4)

Publication rights, etc. Lending rights

5) to 8) are the utilization forms categorized under 2) Mechanical Rights.
9) to 11) are composite utilization forms relating to 1) Performing Rights and 2) Mechanical
Rights.

The following combinations are not allowed:- If a Trustor does not entrust JASRAC with 2) Mechanical Rights, he/shecannot entrust utilization forms 5) to 8) to JASRAC.
- The works that have a copyright transfer agreement with the music publishers
will be administered within the extent of trust of rights submitted by the music
publisher to JASRAC.
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3.

Application for Copyright Trust Contract

In order to conclude the Trust Contract with JASRAC, you are required to fulfill
the following conditions.
If you wish to become a JASRAC member in addition to concluding the TrustContract, please refer to “About JASRAC Membership and Trustorship” on page8.
♫ Writers (Authors and Composers)
Conditions for concluding the Trust Contract
The person must hold copyright(s) to one or more musical work(s), whichhas/have been as a general rule used, or will definitely be used, by a third
party within the past year.
→Examples of “third party uses” are stated on page 5.
Fee
No charge
Documents to be submitted (authors and composers)•

A copy of your family registry (issued within the past 3 months)(For foreign applicants: certificate of residence)•

Certificate of your seal impression (“hanko”) (issued within the past 3 months)•

A photographic portrait (taken within the past 3 months, 4cm vertical x 3cm
horizontal)•

Application form for concluding the Copyright Trust Contract•

Curriculum vitae•

Declaration form of the third-party use of the work•

“Work notification form” of the work used by a third party•

Documents to prove the third-party use, such as CDs, etc.

*For the documents in bold letters, there are JASRAC designated forms.

♫ Music publishing companies
Conditions for concluding the Trust Contract
1) The company must hold copyright(s) to one or more musical work(s),for which the company has concluded a Copyright Transfer Agreementwith the copyright owner as the representative publisher. The relevantwork(s) must have been as a general rule used, or will definitely be used,by a third party within the past year.
→ Examples of “third party uses” are stated on page 5.

32) The company must be a legal person. The business contents in its
Articles of Association must contain the following businesses as aright-owner music publisher.
a. Administration of musical copyrightb. Promotion of the exploitation of musical worksc. Planning and manufacturing of original sound masters of compact discs,
videos, etc.
d. Publication of sheet music(a and b are essential, and either one of c or d is necessary)3) The contents of the Copyright Transfer Agreement, which the company
concluded with the author/composer as a music publisher, must be inconformity with the various rules and regulations of JASRAC, such as
the Stipulations for Copyright Trust Contract and the Articles of
Association.
Fee
No charge
Documents to be submitted (music publishing companies)•

Copy of the Articles of Association, or copy of the minutes on the occasion ofamending the Articles of Association or the objective of business•Copy of your company’s registry (issued within the past 3 months; original copy)•

Certificate of your company’s registered seal (“jitsuin”) (issued within the past 3
months)•

Copy of the “Copyright Transfer Agreement” regarding the work used by a third
party

•

Application form for the concluding the Copyright Trust Contract•

Explanation of business contents•“Work notification form ” of the work used by a third party•

Declaration form of the third party use of the work•

Written pledge•

Documents to prove the third party use, such as CDs, etc*For the documents in bold letters, there are JASRAC designated forms.

4♫ Examples of “third party uses”“Third party uses,” which is a requirement for the conclusion of the TrustContract, is explained in general terms below.
Please declare one “third party use” during the past year out of the following 1)to 8).
1) ”Third party use” by performance
The work must be performed in a concert which has an admission fee. If theseating capacity of the venue is less than 500, the work must be performed atleast three times in the past year.
The use of a work in a performance organized by yourself (or for music
publishers, by your company) is excluded from the above.
2) ”Third party use” by broadcast
The work must be used in a television or radio broadcast including BS
broadcast and CS broadcast by NHK (Nippon Hoso Kyokai) or a commercial
broadcaster.
The use of work by broadcast in foreign territories shall be included,
however, the use of a work by community broadcasting, or “mini FM
station,” and broadcasts for events is excluded from the above.
3) “Third party use” by film
The work must be exhibited in a theater or screening which has an admission
fee. If the seating capacity of the venue is less than 500, the work must be
exhibited at least three times in the past year.
4) ”Third party use” by publication
The work must be used in a publication which is issued for commercial purpose,
regardless of the form of musical scores or magazines, etc.
The use of a work in a publication issued privately, released by yourcommission, or in coterie magazines, etc., is excluded from the above.
5) ”Third party use” by audio or audiovisual recording
The work must be used in the form of CDs, videograms, DVDs, etc.
However, the above is limited to audio/audiovisual recordings which areproduced for commercial purpose. There must be more than 1,000 copies(grand total) manufactured by commercial audio/audiovisual recording
manufacturers, such as record companies.
The use of a work in a product released privately or released by yourcommission is excluded from the above.
56) ”Third party use” by cable broadcast
The work must be used in a cable radio or television broadcast.
The use of work by cable broadcast where number of households
subscribing is less than 10,000 and request channels is excluded from theabove.
7) “Third party use” by on-line Karaoke for business use
The work must be used in on-line Karaoke for business use.
The use of work for user generated contents is excluded from the above.
8) “Third party use” by interactive transmission
The work must be used in an interactive transmission on a commercial website
with more than 1,000 requests.
The use of a work on a website operated by yourself (or for music
publishers, by your company) and on a website for user generated
contents is excluded from the above.

6♫ Steps for concluding the Copyright Trust Contract and the application
for Membership
For those applying for the

For those applying for Membership

Trust Contractin addition to the Trust Contract

Request for application forms (requests can be made at any time)•

Please contact the Membership Affairs Department.

•

Please inform us of specific examples of “third party uses”

Submission of application forms
Deadline is the 20th day of each month(in case the relevant day is a holiday, the deadline is the next business day)Screening by the Board of Directors
Early in the following month
Sending of the Notification
Sending of the
Notification regarding
the Trust Contract

Immediately after
the screening

regarding membership
acceptance, enrollment
fee, and the annual
membership fee, etc.

Deadline is the 25th dayof the month in which
the Notification was
sent (in case of aholiday, the previous
business day)

Payment of the enrollment
fee, and the annual
membership fee for the
first year

Conclusion of Trust

The 1st day of the next

Conclusion of TrustContractmonth in which theContract and Affiliation

Notification was sent7

4.

About JASRAC Members hip and TrustorshipAll rights owners (authors, composers, music publishers, etc.) who conclude a
Copyright Trust Contract with JASRAC are referred to as a “Trustor.” “Trustors”
who agree with JASRAC’s objectives, submit the prescribed application and pay
an enrollment fee, become a “Member.”
There is an “Associate Membership” and a “Full Membership.” Initially, all
Members become an “Associate Member.” Associate Members who fulfill theprescribed qualification requirements during a certain period and submit to thequalification procedure become “Full Members.”
Full Members are asked to participate in the operations of JASRAC as a“member” stipulated in the law governing general corporations*, and obtains
certain rights including the right to attend and vote at General Meetings, and theright to elect and be elected to the posts of Director, Auditor, and Chairman.
*Act on General Incorporated Associations and General Incorporated
Foundations
It is noted that there is no difference between a Trustor, an Associate
Member and a Full Member with regard to copyright royalty collection anddistribution.
To apply for Membership in addition to the conclusion of the Copyright
Trust Contract, a separate Membership application and the payment of anenrollment fee and a yearly membership fee are required as follows:■ Writer (author and composer)Required document - Application FormFee・Enrollment Fee 25,000 yen

・Annual Fee

4,000 yen

■ Music publisherRequired documents - Application FormFee・Enrollment Fee 75,000 yen

・Annual Fee 20,000 yen

8Rights and Benefits of Trustors and Members
Contents

Trustor

Associate
MemberFullMemberAttending and voting at General
Meetings

×

×

○

×

×

○

×

○

○

Use of ”rest houses” for members

×

○

○

Consultation on laws

×

○

○

Consultation on tax matters

×

○

○

Use of Keyaki Hall

×

○

○

Use of Members’ saloon

×

○

○

Subscription to JASRAC newsletter

○

○

○

RightsRight to elect and be elected asadmitted toMembers and Chairman, Director and Auditor
Trustors
Accesstomembership
list,
operation report, balance sheet

Welfare etc.

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5.

FAQ

Q. I would like to “register” my work.
A. Copyrights are generated at the time of creation of a work and gain protection
under the Copyright Law without any requirements, such as registration.
JASRAC’s “Copyright Trust Contract” is not a per-work “registration.” The
Contract entrusts the copyrights of all works a rights owner owns, including
works that were created previous to the Contract being concluded, as well asworks created afterward.
Q. To protect my works from plagiarism, should I conclude a Copyright
Trust Contract with JASRAC?
A. JASRAC does not pass judgment on or certify authorship of works, and a
Copyright Trust Contract concluded with JASRAC will not fulfill the purpose ofprotecting against so called plagiarism (which is copyright infringement). Any
dispute arising with regard to plagiarism will have to be resolved by the parties
involved.
Q. Will any “contract renewal fees” or work “registration fees” be charged
after the Copyright Trust Contract is concluded?
A. No fee payments are required. The Trust Contract is not a per-work contract,
and therefore no ‘registration fees’ are required. However, JASRAC does
deduct a prescribed commission upon distributing copyright royalties collectedfrom music users to individual rights owners. (Please refer to “About JASRAC
Membership and Trustorship” on page 8 with regard to enrollment and yearly
membership fees.)
Q. Am I allowed to use my own works freely after concluding the Copyright
Trust Contract?
A. Once a Copyright Trust Contract is concluded, copyrights are transferred to
JASRAC, and JASRAC becomes the licensor. This does not change even if
the music user is the author or the composer of the music used, and therefore, alicense will have to be obtained and copyright royalties will have to be paid.
However, when authors and composers use their own works for the purpose ofdisseminating their works, there are situations where copyright royalties may be
exempted if certain conditions are fulfilled.
Q. Can an author or a composer who has a publishing contract with amusic publisher still conclude a Copyright Trust Contract with JASRAC?
A. Yes. However, there are situations where this is not possible in case themusic publisher does not have a Copyright Trust Contract with JASRAC. Also,
works for which a copyright transfer contract with a music publisher exists will
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only be administered to the extent of the administration entrusted to JASRAC by
the music publisher in its Copyright Trust Contract, regardless of the extent ofadministration entrusted to JASRAC by the author/composer in his/her
Copyright Trust Contract.
Q. Can overseas usages be administered by JASRAC?
A. JASRAC has concluded representation agreements with more than 100
copyright management organizations around the world. When a work by a
JASRAC Member or Trustor is used overseas, there is an international networkof copyright management organizations which allows the local organization toadminister such usage on JASRAC’s behalf.

11For further inquiries on the Copyright Trust Contract and JASRAC membership,
please contact us at:
JASRAC Membership Affairs Department
3-6-12 Uehara, Shibuya-ku, Tokyo 151-8540
Telephone:+81-3-3481-2121 (Switchboard)+81-3-3481-2143 (Direct)
Office hours: 9:00 – 17:00 (excluding Saturdays, Sundays and holidays)
Facsimile:+81-3-3481-2153
E-mail:kaimu@pop02.jasrac.or.jp
Website:https://www.jasrac.or.jp (Japanese)
https://www.jasrac.or.jp/ejhp (English)

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