「JASRACからの分配、1円もない」 爆風スランプ・ファンキー末吉さん、文化庁に調査求める

ロックバンド・爆風スランプのファンキー末吉さんが18日、日本音楽著作権協会(JASRAC)の事業運営の問題について上申書を文化庁に提出し、都内で会見を行った。
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会見するファンキー末吉さん(右)と鈴木仁志弁護士=東京都千代田区

ロックバンド「爆風スランプ」のドラマー、ファンキー末吉さん(58)が8月18日、日本音楽著作権協会(JASRAC)がライブハウスから徴収した著作権料の作曲者らへの分配を適正にしていないなどとして、調査と業務改善命令を出すよう求める上申書を文化庁に提出した。

爆風スランプのヒット曲「Runner」を作曲したことでも知られ、自身も東京都内でライブハウスを経営する末吉さんは同日、上申書提出後に都内で記者会見した。

JASRACの仕組みでは、「コンサートホール」の場合、演奏者がJASRACの管理楽曲ごとに使用料を支払い、使われた音楽の作曲家など著作者本人が、曲ごとに使用料を受け取る。

一方、末吉さんによると、「ライブハウス」は管理楽曲ごとではなく、月額が決まった「包括使用料」として著作権料をJASRACに支払っている。その際、JASRACは実際に演奏された曲を把握することなく、一部の「モニター店」での演奏実績を基にしたサンプリング調査によって作曲家などへの分配を決めているため、実際に演奏された曲を作った作詞・作曲者には「正しく分配されていない」と訴えた。

実際、自身も爆風スランプと別のバンドで2000年からの10年間に全国のライブハウスで計204回のライブを開き、自ら作曲した曲を演奏したものの、それに対する分配が「1円も入っていなかった」と強調。「じゃあ、(分配する金額を算出するための)サンプリング店はどこにあるのかと(JASRACに)聞いたら、それは言えないと」と話し、全国で名だたるライブハウスの何百本かのライブを集計したが、その中にモニター店は一つもなかったと説明した。

さらに、ライブハウスでJASRACの管理楽曲を使ったライブを開く場合、曲の許諾申請は店の経営者ができても演奏者はできず、それらの実態が「著作権管理事業法」に違反していると訴えた。

末吉さんは「調査してその通りだったら業務改善命令が必要だし、自分の曲も自分で演奏できないような世の中にしておいてはダメ。自分が感動した音楽にお金を払っても、それが他の人に行く世の中にしていてはダメだと呼びかけたい」と主張。さらに「演奏権の場合は実際はJASRACの独占ですので、私たちは選ぶことはできません。私が思うのは、普通の商売だったら態度のいい店とつきあいたいと思っています。選択肢がないというのが一番の問題ではないかなと思います」と指摘した。

同席した上申者代理人の鈴木仁志弁護士は、上申について「こちらのことが正しいと断定しているということではなく、われわれの認識を文化庁に報告し、それに対して調査の上、適切な判断をお願いしたいという趣旨です」と話した。

一方、JASRAC広報部は朝日新聞の取材に対し、サンプリング調査について年間の著作権料徴収額全体のうち2%未満とした上で「統計学に基づいた一定の正確さはある。不透明という批判は当たらない」と回答したという。

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会見するファンキー末吉さん

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懐かしのポップ&ロックスター、あの人は今(60's特集)
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(credit:Wikimedia)
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Simon And Garfunkel (THEN)(75 of116)
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circa 1967: Folk pop duo Art Garfunkel and Paul Simon, playing in front of more than 50,000 people in Madrid, at the start of their European tour. (Photo by Central Press/Getty Images) (credit:Central Press via Getty Images)
Paul Simon (NOW)(76 of116)
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Photo by: KGC-138/STAR MAX/IPx 4/15/15 Paul Simon and Sting in concert at The O2 Arena. (London, England, UK) (credit:KGC-138/STAR MAX/IPx)
Simon & Garfunkel (THEN)(77 of116)
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Musicans Art Garfunkel, left, and Paul Simon are shown in April 1969. (AP Photo) (credit:ASSOCIATED PRESS)
Art Garfunkel (NOW)(78 of116)
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NEW YORK, NY - APRIL 10: Musician Art Garfunkel speaks onstage at the 29th Annual Rock And Roll Hall Of Fame Induction Ceremony at Barclays Center of Brooklyn on April 10, 2014 in New York City. (Photo by Larry Busacca/Getty Images) (credit:Larry Busacca via Getty Images)
Donovan (THEN)(79 of116)
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Scottish singer, songwriter and musician Donovan prepares for a television appearance on the pop programme \'Ready Steady Go!\', 21st January 1965. His guitar bears the slogan \'This Machine Kills\', a reference to Woody Guthrie\'s guitar slogan \'This Machine Kills Fascists\'. (Photo by Keystone/Hulton Archive/Getty Images) (credit:Keystone via Getty Images)
Donovan (NOW)(80 of116)
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LOS ANGELES, CA - APRIL 01: Singer Donovan performs onstage during the David Lynch Foundation\'s DLF Live presents \'The Music Of David Lynch\' at The Theatre at Ace Hotel on April 1, 2015 in Los Angeles, California. (Photo by Kevin Winter/Getty Images) (credit:Kevin Winter via Getty Images)
The Turtles (THEN)(81 of116)
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Mark Volman of the Turtles (NOW)(82 of116)
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NASHVILLE, TN - FEBRUARY 19: Mark Volman The Turtles, moderates Listening In: A Rock Star in Conversation with a Musician during Day 1 of Pollstar Live at Omni Hotel on February 19, 2015 in Nashville, Tennessee. (Photo by Rick Diamond/Getty Images) (credit:Rick Diamond via Getty Images)
Peter, Paul & Mary (THEN)(83 of116)
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American folk singers Peter, Paul, and Mary perform on stage, November 9, 1965. (Photo by Express Newspapers/Getty Images) (credit:Express Newspapers via Getty Images)
Peter Yarrow (NOW)(84 of116)
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Singer-songwriter Peter Yarrow of the 1960\'s era musical trio \"Peter Paul and Mary\" claps and encourages the audience to sing along during a memorial tribute concert for folk icon and civil rights activist Pete Seeger at Lincoln Center\'s Damrosch Park in New York, Sunday, July 20, 2014. Seeger died at age 94 in January. (AP Photo/Kathy Willens) (credit:ASSOCIATED PRESS)
Peter, Paul & Mary (THEN)(85 of116)
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A promotional portrait of the folk group Peter, Paul, and Mary composed of (L - R) Peter Yarrow, Paul Stookey, and Mary Travers, circa 1965. (Photo by Warner Bros. Records/Courtesy of Getty Images) (credit:Warner Bros. via Getty Images)
Noel Paul Stookey (NOW)(86 of116)
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Noel Paul Stookey, of Peter, Paul and Mary, is interviewed and performs in the AP studio in Los Angeles Dec. 13, 2012. (AP Photo/Reed Saxon) (credit:ASSOCIATED PRESS)
Creedence Clearwater Revival (THEN)(87 of116)
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10th September 1971: Rock \'n\' roll group Creedence Clearwater Revival at a press reception in London as part of their European tour. They are, from left to right; Stu Cook, Doug Clifford and John Fogerty. (Photo by Central Press/Getty Images) (credit:Central Press via Getty Images)
John Fogerty (NOW)(88 of116)
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John Fogerty, formerly of the classic rock band Creedence Clearwater Revival, performs in concert at The Lyric on Wednesday, Nov. 6, 2013, in Baltimore. (Photo by Owen Sweeney/Invision/AP) (credit:Owen Sweeney/Invision/AP)
The Shangri-Las (THEN)(89 of116)
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Three members of the singing group the Shangri-Las (previously the Bon Bons) on a visit to London, 23rd October 1964. Extreme left and right sisters Mary Anne and Margie Ganser, and in the centre Mary Weiss whose sister Betty, the fourth member of the group, stayed at home in the USA because of illness. (Photo by Keystone/Hulton Archive/Getty Images) (credit:Keystone via Getty Images)
Mary Weiss of the Sangri-Las (NOW)(90 of116)
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Singer Mary Weiss is photographed in Babylon, New York on June 18, 2007. As the lead singer of the Shangri-Las, Weiss made an indelible mark on pop music with songs like he motorcycle anthem \"Leader of the Pack\" and the spooky, sexy \"Remember (Walking in the Sand)\" in the 1960s. Now she has returned with the grungy rock record \"Dangerous Game.\" (AP Photo/ Jim Cooper) (credit:ASSOCIATED PRESS)
The Hollies (THEN)(91 of116)
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British pop group The Hollies, 11th April 1964. They are Allan Clarke, Bobby Elliot, Graham Nash, Tony Hicks and Eric Haydock. (Photo by Evening Standard/Hulton Archive/Getty Images) (credit:Evening Standard via Getty Images)
Graham Nash (NOW)(92 of116)
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AUSTIN, TX - APRIL 8: Rock and Roll Hall of Fame singer-songwriter Graham Nash performs at the Civil Rights Summit at the LBJ Presidential Library April 8, 2014 in Austin, Texas. The summit is marking the 50th anniversary of the passing of the Civil Rights Act legislation, with U.S. President Barack Obama making the keynote speech on April 10. (Photo by Jay Janner-Pool/Getty Images) (credit:Pool via Getty Images)
Glen Campbell (THEN)(93 of116)
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Singers Glen Campbell, left, and Jose Feliciano appear on Glen Campbell\'s television program, Feb. 11, 1969. (AP Photo) (credit:ASSOCIATED PRESS)
Glen Campbell (NOW)(94 of116)
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From left, Cal Campbell, Glen Campbell, and James Keach arrive at the 16th Annual Women in Film Malibu Golf Classic at the Malibu Country Club on Saturday, July 13, 2013 in Malibu, Calif. (Photo by Richard Shotwell/Invision/AP) (credit:Richard Shotwell/Invision/AP)
France Gall (THEN)(95 of116)
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French singer France Gall at a Paris restaurant, 25th March 1965, for a reception in her honour after she won the Eurovision Song Contest with Serge Gainsbourg\'s song \'Poupee de Cire, Poupee de Son\'. (Photo by Keystone/Hulton Archive/Getty Images) (credit:Keystone via Getty Images)
France Gall (NOW)(96 of116)
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French singer France Gall takes part in the TV show \'Le grand journal\' on a set of French TV Canal+, on October 30, 2012 in Paris. AFP PHOTO / FRANCOIS GUILLOT (Photo credit should read FRANCOIS GUILLOT/AFP/Getty Images) (credit:AFP via Getty Images)
Zombies (THEN)(97 of116)
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Colin Blunstone of the Zombies (NOW)(98 of116)
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NEWPORT, ISLE OF WIGHT - JUNE 13: Colin Blunstone of the Zombies performs backstage at the Isle of Wight Festival on June 13, 2009 in Newport, Isle of Wight. The festival, attended by 50,000 music fans, which features headline acts The Prodigy , Stereophonics and Neil Young, is in its eighth year after being reincarnated in 2002. The promoters claim their aim is to recreate the hippy spirit of the famous festivals held on the island in the late 1960s, when thousands of music fans watched acts such as Jimi Hendrix, the Doors and Bob Dylan. (Photo by Matt Cardy/Getty Images) (credit:Matt Cardy via Getty Images)
The Spencer Davis Group (THEN)(99 of116)
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Members of The Spencer Davis Group, British rock band, from top left: Muff Winwood, Pete York and Steve Winwood. At the bottom of the picture is Spencer Davis who wears a plaster on his forehead following a car accident earlier in London, Jan. 10, 1966. (AP Photo) (credit:ASSOCIATED PRESS)
Steve Winwood (NOW)(100 of116)
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Steve Winwood performs at the New Orleans Jazz and Heritage Festival in New Orleans, Sunday, May 3, 2015. (AP Photo/Gerald Herbert) (credit:ASSOCIATED PRESS)
Pink Floyd (THEN)(101 of116)
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Pink Floyd in January 1968, from the only known photo-shoot of all five members. Clockwise from bottom: Gilmour, Mason, Barrett, Waters, Wright (credit:Wikimedia)
Roger Waters (NOW)(102 of116)
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In this picture made available Thursday, Sept. 5, 2013, British musician Roger Waters, co-founder of the British rock band Pink Floyd, performs during his concert \'The Wall Live\' at the Olympic Stadium in Berlin, Germany, Wednesday, Sept. 4, 2013. Waters is in Germany as part of his world tour. (AP Photo/dpa, Britta Pedersen) (credit:ASSOCIATED PRESS)
Nick Mason (NOW)(103 of116)
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Nick Mason, drummer of Pink Floyd receives the award for the band as most successful international Rock/Pop band during the 2015 Echo Music Awards in Berlin, Thursday, March 26, 2015. The German music awards are held every year by the German Phono academy. (AP Photo/Michael Sohn, Pool) (credit:ASSOCIATED PRESS)
David Gilmour (NOW)(104 of116)
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Polly Samson, David Gilmour poses at Sir Salman Rushdie Book Launch Party at the The Collection on Friday September 14, 2012 in London. (Photo by Jon Furniss/Invision/AP) (credit:Jon Furniss/Invision/AP)
Van Dyke Parks (THEN)(105 of116)
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Van Dyke Parks (NOW)(106 of116)
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LOS ANGELES, CA - APRIL 07: Composer/musician Van Dyke Parks performs onstage during The David Lynch Foundation\'s DLF Live Celebration of the 60th Anniversary of Allen Ginsberg\'s \'HOWL\' with Music, Words, and Funny People at The Theatre at Ace Hotel on April 7, 2015 in Los Angeles, California. (Photo by Kevin Winter/Getty Images) (credit:Kevin Winter via Getty Images)
Grace Slick (THEN)(107 of116)
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Grace Slick, singer with American psychedelic rock group the Jefferson Airplane, at a London reception for the band at the start of their ten day visit in 1968. (Photo by Central Press/Getty Images) (credit:Central Press via Getty Images)
Grace Slick (NOW)(108 of116)
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Artist Grace Slick attends the Rock Exhibit at Gallery 319 during the VH1 Rock Honors Weekend at Gallery 319 in Santa Monica, California on Friday, July 11, 2008. (AP Photo/Mark Mainz) (credit:ASSOCIATED PRESS)
The Moody Blues (THEN)(109 of116)
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British pop group The Moody Blues posing with serious expressions, 12th February 1965. Left to right, Ray Thomas, Mike Pinder, Denny Laine and Graeme Edge. (Photo by Chris Ware/Keystone Features/Getty Images) (credit:Chris Ware via Getty Images)
The Moody Blues (NOW)(110 of116)
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Justin Hayward and John Lodge of the classic rock band The Moody Blues perform in concert at the American Music Theater on Wednesday, March 12, 2014, in Lancaster, Pa. (Photo by Owen Sweeney/Invision/AP) (credit:Owen Sweeney/Invision/AP)
Al Kooper (THEN)(111 of116)
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Al Kooper (NOW)(112 of116)
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NEW YORK - NOVEMBER 07: Al Kooper performs during rehearsals for the \'I\'m Not There\' Benefit Concert at the Beacon Theater November 7, 2007 in New York City. (Photo by Rob Loud/Getty Images) (credit:Rob Loud via Getty Images)
Sylvie Vartan (THEN)(113 of116)
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18th January 1964: The British pop band The Beatles, left to right, John Lennon (1940 - 1980), Paul McCartney, Ringo Starr and George Harrison (1943 - 2001), after their Paris show, with their co-star the French singer Sylvie Vartan. (Photo by Keystone/Getty Images) (credit:Keystone via Getty Images)
Sylvie Vartan (NOW)(114 of116)
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LOS ANGELES, CA - APRIL 15: Sylvie Vartan arrives at the 17th Annual City Of Lights, City Of Angels Film Festival Opening Night - \'It Happened In Saint Tropez\' at Directors Guild Of America on April 15, 2013 in Los Angeles, California. (Photo by Valerie Macon/Getty Images for COLCOA) (credit:Valerie Macon via Getty Images)
Paul McCartney (THEN)(115 of116)
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392279 03: (FILE PHOTO) The Beatles, left to right, Paul McCartney, George Harrison, Ringo Starr and John Lennon (1940 - 1980) arrive at London Airport February 6, 1964, after a trip to Paris. It was reported November 8, 2001 that Harrison is undergoing cancer treatment in a Staten Island, N.Y., hospital. The 58-year-old ex-Beatle was diagnosed with lung cancer and a brain tumor earlier this year. (Photo by Getty Images) (credit:Getty Images via Getty Images)
Paul McCartney (NOW)(116 of116)
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TOKYO, JAPAN - APRIL 28: Paul McCartney performs live at the Budokan on April 28, 2015 in Tokyo, Japan. (Photo by Ken Ishii/Getty Images) (credit:Ken Ishii via Getty Images)

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