Japan's Supreme Court Orders Damages for Copying Non-Copyrightable Sheet Music
Japanã…£Copyright & Legal Developments ã…£October 9, 2026
Can copying sheet music lead to legal liability when the sheet music itself is not protected by copyright?
On Oct.9, 2026, Japan's Supreme Court upheld a ruling ordering approximately ¥169 million (about US$1 million) in damages against a company that copied hundreds of band scores and made them online for free.
Background
Japanese music publisher Fairy produces and sells band scores by transcribing music. Its competitor, GLNET, purchased Fairy's scores and reproduced them for 579 songs without independently transcribing the music. The company then offered the scores for free on its website for approximately six and a half years, generating advertising revenue.
The Key issue was that the scores themselves did not qualify for copyright protection under Japanese law.
The Court's Decision and Its Significance
The Supreme Court ruled that GLNET's conduct went beyond of fair competition and unlawfully harmed Fairy's business interests. The Court considered the extensive copying, the production consts GLNET had avoided, and the serious impact on Fairy's business.
The decision highlights an important distinction: material that falls outside protection is not necessarily free from all legal restrictions. Depending on the circumstances, copying such material may still give rise to civil liability when it unfairly interferes with another company's business.
Importantly, the ruling does not prohibit copying all non-copyrightable materials. Rather, it recognizes that exceptionally unfair competitive conduct may be unlawful even without copyright infringement.
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< Sources >
https://trademarklawyermagazine.com/japans-supreme-court-rules-copying-unprotected-works-can-still-constitute-a-tort/
https://www.asiaiplaw.com/index.php/sector/copyright/japans-supreme-court-rules-copying-unprotected-band-scores-can-constitute-a-tort
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