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Things to keep in mind when using music in dance classes

[Prerequisite knowledge]

Q1: Can I play live music on the piano during ballet lessons?

A1 Get permission from the composer.

In ballet classes, it is not uncommon for the instructor to play the piano and for the students to practice along with it.
The key point in considering Q1 is "performance rights," which we also mentioned in the background knowledge section. Performance rights are the right to perform copyrighted works for the purpose of making them available to the public.
In other words, Only the composer, who is the author of the song, can perform it in public; anyone else must obtain permission from the composer to perform it in public.(However, permission is not required in the cases of exceptions specified in the Copyright Act.)

At this point, many people may be wondering, "Does playing music during a ballet class constitute performance for the public to hear?"
Under copyright law,"Public" means "unspecified persons" or "specified large number of persons"In other words, a "specific and small number of people" does not fall under the category of "the public."
This "identity" is said to be determined by whether there is a personal bond between the performer and the listener.

Here are some court cases that may be helpful.
In this case, the question of whether playing music during a ballroom dance class was for the purpose of being heard by the "public" was disputed. The court ruled that although the number of students in a dance class is limited to a specific number at a given time, there are no qualifications for attending classes, and anyone can join and attend if they wish, and the students change depending on the class. Therefore, there is no personal connection between the class and the students, and the music is played for the purpose of being heard by the "public" (Nagoya District Court decision, February 15, 2).

Just like ballroom dancing classes, anyone can take lessons at ballet classes as long as the class and student sign a contract, and it is common for students to change with each lesson.Playing music during ballet lessons is also considered to be a performance for the public to hear..
If you are going to play music in your ballet class, be sure to get permission from the composer.

If you use classical music,Q6For information on how to obtain permission from copyright holders, including composers, please seeQ7Please refer to.

Q2 So, is it okay if I just play a CD on the player?

A2 Even if you play audio from a CD, you need permission from the rights holder!

Q1The "right to perform" explained above is considered to include the reproduction of recordings and videos of performances under copyright law.Playing a CD during a lesson is also considered playing for the public to hear, just like playing the piano..
Therefore, even if you want to play audio from a CD, you will need to obtain permission from the rights holder.
Incidentally,If the CD contains songs sung by an artist, the lyrics will be included, so permission from the lyricist is also required. will be important.

So, does that mean you need permission from the artist singing the song, the band or orchestra performing it, or the record company? Actually, no.
Prerequisite knowledgeAs explained above, artists, performers, record companies, etc. have neighboring rights that are similar to copyright, but these neighboring rights do not include performance rights. Therefore, even if an artist's voice or a band's performance is played when a CD is played, the artist, performer, record company, etc. cannot say anything about this.

Q3 Can I use my device to play music from Apple Music or Spotify?

A3 There is a possibility that this may violate the terms of use!

Music streaming services such as Apple Music and Spotify generally only allow "personal use" in their terms of use.
In a ballet school, playing music for lessons after receiving payment from students is considered commercial use, not "personal use."Playing music from music streaming services such as Apple Music and Spotify during ballet lessons may violate the terms of use of those services.in XNUMX minutes by bus from Yonago Station.
If you violate the terms of use,Q2Please note that permission is required as well.
If you wish to use music from a music distribution service, please be sure to carefully read the terms of use.

Q4: Is permission required if I am conducting online lessons?

A4 You also need to obtain permission to distribute online!

There are several ways to conduct online lessons, but here we will explain as an example how to conduct lessons by playing a CD in a studio and simultaneously streaming the video online.

Regarding playing CDs in the studio,Q2As with online lessons, you will need to obtain permission from the copyright holder for the performance rights. In addition, in the case of online lessons, the music will be distributed over the internet, so permission to prevent it from being distributed over the internet (public transmission rights) is also required.It will be said.

Then,Q2Similarly, is permission not required from the artists singing the songs, the performers such as bands and orchestras playing the songs, or the record companies?
In fact, neighboring rights include the right to make music available for transmission, so performers and record companies also have the exclusive right to distribute their music over the Internet, etc.If you are using CD audio for online lessons, you will need to obtain permission from the performer and record company..
It is likely that most performers have assigned their neighboring rights to record companies in their contracts with them, so when obtaining permission from performers, it is best to first contact the record company.

Q5 I want to post a video of my lesson on social media! What should I be careful about?

A5 You need to obtain permission for the right to record and distribute on the Internet!

Prerequisite knowledgeAs mentioned briefly above, composers, who are the copyright holders, are granted the right (reproduction rights) to prevent the music they create from being copied without their permission.
If you are filming a lesson, you will be recording, or copying, the music being played during the lesson, so you will need to obtain permission for reproduction rights.
Also, posting the video to social media without deleting the music will be distributing the music over the internet, just like online lessons.Q4Similarly, permission for the right not to distribute on the Internet (public transmission rights) is also required..

What about performers and record companies?
The neighboring rights granted to performers and record companies include the right to make music available for transmission.Q4As explained above, neighboring rights also include the right to prevent music from being copied (reproduction rights).
In other words, If you want to post a video of a lesson on social media, you will need to obtain permission from the performer and record company for the rights to make it available for transmission and the rights to reproduce it.It will be said.

Q6: Classical music is out of copyright, so it's okay, right?

A6 In principle, music that has been around for 70 years since the death of the author is considered usable, but you should check carefully!

In principle, the copyright protection period is 70 years after the death of the author (though there are exceptions).Music that has been around for 70 years since the death of the author can be freely used.For example, "The Nutcracker" can be performed without copyright permission because the composer, Tchaikovsky, died in 1893, and 70 years have passed since his death.

However, the reality is that it is difficult to determine whether the copyright protection period has expired due to complex systems such as wartime surcharges.
In addition, If the song you want to use is actually an arrangement of the original song, the arranger owns the copyright to the arranged part, so you will need to obtain permission from the arranger.Even if the work is old, do not simply assume that the copyright has expired, but be sure to check thoroughly.

Q7 How do I get music permission?

A7 Many songwriters and composers are authors who manage their copyrights.JASRAC,NextoneIn most cases, copyright management is entrusted to copyright management companies such as JASRAC, so in reality, permission is often required from JASRAC or similar organizations.
Therefore, first of all, the music you want to playJASRACIs the music managed by a third party?JASRACWe investigated databases such asJASRACIf it is found that the information is managed byJASRACYou will need to apply for permission and pay the usage fee using the method specified by the above.