Is It Copyright Forbidden to Play Your Favorite Streaming-Only Song at a Wedding? I Asked a Lawyer!

2021.01.18 published

Can't play songs without CDs at weddings?

One aspect of wedding preparation: Choosing BGM.

I recently received an inquiry regarding wedding BGM.

*****Summary*****

The question is: What should I do if I want to play music that is not sold as a CD for the BGM at my reception?

I wanted to play a song by "YOASOBI," but it is not available as a CD and can only be streamed, which is a bit of a problem for me.

I was also considering some popular Western songs, but it seems that lately, streaming is mainstream overseas, and CDs are not being sold.

The venue told me that I need a CD master for copyright reasons, and I'm starting to feel a bit defeated.

If there is a legal way to do this, could you please let me know?

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Recently, there has been an increase in bands and artists who release music only through streaming without any packaged CDs.

We are now in an era where people listen to music via streaming rather than CDs.

In the United States, it is said that 85% of all music sales come from streaming services, while physical media like CDs account for only about 7%.

It seems that the trend of releasing songs without CDs is also increasing in Japan.

Why is it necessary to bring a CD master?

Before explaining the copyright of songs that are only available through streaming.

Do you know why it is necessary to bring a CD master for BGM played at wedding venues?

Some brides-to-be might have thought, "I can just stream it right away if I download it."

To put it simply, when playing music at a wedding venue, it is required to apply to the rights holders for permission first. If you play it without permission, it could violate the law.

The organization that acts as an intermediary for this application is "ISUM (The Music Specific Utilization Promotion Organization)."

By applying through "ISUM" for the use at wedding venues and obtaining permission from the rights holders, you can finally play music at a wedding venue.

The "CD master" is absolutely necessary when applying through "ISUM."

That’s why wedding venues tell brides and grooms to "bring all BGM on CD master."

It's not just because that's the only way to play music on CD players at the venue.

I asked a lawyer!

A CD master is necessary for playing music at a wedding venue due to copyright issues.

But what if there is no CD master to begin with?

What should I do in such cases?

I asked a lawyer!

[Lawyer's Response] In short, it’s difficult.

To conclude, if a CD has not been released, it is practically impossible to obtain permission for duplication.

When using music,

☑ Copyright holder (JASRAC)

☑ Neighboring rights holder (record company)

Both permissions are necessary.

(The aforementioned "ISUM" can obtain both permissions.)

To break it down in terms of usage:

① Using a commercially available CD as is or performing it yourself

➡ Only JASRAC's permission is needed.

② Duplicating a CD to create and play a music or video CD

➡ In addition to JASRAC's permission, permission from the record company is also required.

When playing streaming audio, since saving it on a smartphone or computer involves duplication, it falls under category ②.

This means that not only JASRAC but also the record company’s permission is required.

Currently, the record company does not allow duplications of anything other than CD sources. Therefore, it is practically impossible to obtain duplication permission if the CD has not been released.

Shock! If duplicating streams is a no-go, does that mean streaming is out too?

So, that was the lawyer's response.

The rules were established when CD masters were routinely released. They haven't caught up with current technology!

It is frustrating to think that these rules do not fit the modern world, but we cannot infringe on copyrights...

By the way, if you save (duplicate) the content downloaded onto a CD, you'll need the record company's permission, so what about streaming the audio available on the internet without saving it?

[Lawyer's Response] Streaming distributions need individual confirmation.

If you stream audio available on the internet without saving it on your smartphone or computer, it wouldn't be considered duplication, so it seems plausible to argue that it doesn't fall under category ②.

However, technically, the audio is effectively downloaded and stored on hardware, so if you really want to use it, it would be safest to contact the record company individually to obtain permission or confirmation.

Currently, it seems difficult...

Contacting the record company one song at a time sounds very cumbersome, and many cases may result in denial of permission.

With that in mind, streaming also doesn't seem like a viable option.

(The wedding venue rules also need to be changed, making it a huge hurdle!)

Currently, the rule from record companies states that duplicating CDs is permitted, but duplicating streaming audio is not.

As long as that rule doesn't change, it looks quite difficult to play songs that are only available via streaming at wedding venues.

Hoping for CD releases...

Nevertheless, when a band or song becomes popular, CD masters might be released later.

"YOASOBI," which broke big in 2020, released their first CD of past songs in January 2021.

Let's hope our favorite songs become popular and get released on CD!

As we move forward, it seems there will be more songs released only via streaming.

To prevent a future where "I can't play the songs I love!" from happening, I hope the rules are established soon.