Date of
Judgment: 02.03.2001
Issuing
Authority: Supreme Court
Level of
the Issuing Authority: Final Instance
Type of
Procedure: Judicial (Civil)
Subject
Matter: Copyright
and Related Rights (Neighboring Rights)
Summary of
the judgment (decision):
Where
a rental business operator enters into a rental contract for karaoke equipment and
where the equipment is to be used exclusively to screen or play musical works
in order to show or play them directly to the public, the rental business
operator, on the grounds of good sense, has a duty of care not only to inform
the other party to the rental contract that the said other party should execute
a copyrighted work license agreement with the copyright holders of such musical
works but also to deliver the karaoke equipment only after confirming that such
other party has executed, or has applied for the execution of, such a
copyrighted work license agreement with such copyright holders.
(This
translation is provisional and subject to revision.)