Is Using Music in Clubhouse a Copyright Violation? Explaining the Points to Be Aware Of

Have you heard of the app called “Clubhouse,” which has recently seen a surge in users and is now a hot topic? Clubhouse is an invitation-only audio social networking app.

Is it legal under copyright law to play music as background music or for karaoke in this Clubhouse?

In this article, we will provide a detailed explanation for Clubhouse users about the points to be aware of when playing music within Clubhouse.

What is Clubhouse?

Clubhouse is an invitation-only audio social networking app that was launched in the United States in April 2020. In 2021, the number of users in Japan began to increase, and it is now being used by celebrities and other famous individuals.

As the COVID-19 pandemic has encouraged people to stay at home, Clubhouse has become a global hit as an app that allows users to chat from home. It is a highly attention-grabbing service.

As of March 2021, Clubhouse is only available as an iOS app, meaning it can only be used on iPhones and iPads. Users are generally required to register with their real names and provide their phone number during registration. There is also a feature that allows you to link with Twitter.

Users can enjoy conversations by setting up rooms or joining existing rooms. Not only can you listen to conversations, but if you raise your hand and are approved, you can also participate in the conversation as a speaker.

Points to Consider When Playing Music on Clubhouse

What should you be aware of when playing music as background music or for karaoke in a Clubhouse room?

High Risk of Copyright Infringement

If you play music in a Clubhouse room where an unspecified number of people can listen, it constitutes an infringement of copyright (public transmission rights).

There are people who play and sing music on Youtube, but Youtube has a licensing agreement with JASRAC and NexTone, which mainly manage music copyrights in Japan.

Therefore, if the song is managed by JASRAC or NexTone, users do not need to individually apply for a license, and it does not constitute copyright infringement.

Currently, Clubhouse does not have a licensing agreement with JASRAC or NexTone, so playing music in a room is likely to infringe copyright. If the song is completely original, the copyright belongs to you and there is no problem, but it is better to refrain from playing other people’s songs.

For information on the risk of intellectual property infringement such as patents, trademarks, and copyrights, and measures against them, please refer to the following.

https://monolith.law/corporate/intellectual-property-infringement-risk[ja]

Possibility of Infringement of Neighboring Rights

When playing a CD or streaming music, there is a possibility of infringing not only copyright but also neighboring rights (master rights).

Copyright is the right to lyrics and music, and belongs to the creator of the music. On the other hand, neighboring rights are rights related to the recorded sound and belong to the record producer.

When performing a song and broadcasting it, you do not use a CD or streaming music, so it does not infringe on neighboring rights. However, if you play a CD or streaming music as it is, you need to be aware of not only copyright but also neighboring rights.

For more information on copyright and neighboring rights, please see the following detailed explanation.

https://monolith.law/youtuber-vtuber/sing-song-copyright-youtube[ja]

Cases That Do Not Constitute Copyright Infringement

In cases where music is playing within the range of ambient noise, it is considered to fall under “use of accompanying object copyrighted work” under Article 30-2 of the Copyright Law, and does not constitute an infringement of copyright or neighboring rights. The point is whether you are intentionally playing that song.

What to Do If You Still Want to Play Music

If you want to play a song that is managed by JASRAC or Nextone, you need to check whether it is, and if it is, you need to apply for a license from JASRAC or NexTone and pay a copyright usage fee. However, for neighboring rights, you must obtain permission from the record company that holds the neighboring rights, separate from the copyright. This seems to be quite difficult in many cases.

If it is difficult to obtain permission, you can also buy copyright-free music to play, but in that case, make sure to check the operator and conditions and buy from a reliable source.

Summary

Clubhouse has not entered into a comprehensive contract with JASRAC (Japanese Society for Rights of Authors, Composers and Publishers) or NexTone, so there is a possibility of copyright infringement if you intentionally play music.

Regarding copyright, you can play music without infringing copyright by paying a copyright usage fee, but the master rights are a different story.

Obtaining permission from a record company can be difficult in some cases, so it is advisable to refrain from playing CDs or streaming music in Clubhouse rooms.