Is Yasunori Kawauchi's assertion appropriate?

My opinion of this week(516):

A lyricist Kawauchi Yasunori asked Shinichi Mori, a famous Japanese singer　to stop singing "Ofukuro-san (Oh, my mother!)" composed by Inomata Kosyou　and lyrics　written by Yasunori Kawauchi from now on. "Ofukuro-san" is one　of the most popular Japanese song and one of the main repertories for Mori.

Since almost 30 years ago, Mori started adding some additional words before　singing the original part of lyrics by himself. He has continued such performance from time to time since that has been accepted very well by audiences.

Due to some emotional entanglement between Yasunori Kawauchi and Shinichi Mori, Yasunori Kawauchi said Mori that he should not sing "Ofukuro-san" itself, for Mori has sung the song improper manner for long time without getting any consent from Kawauchi , the original writer of the lyrics.

Yasunori Kawauch'si appealed to JASRAC (Japanese Society for Rights of Authors, Composers and Publishers) to clear legal right about what he requested Shinichi Mori. In response to Kawauchi's request, JASRAC has said Kawauchi's assertion is right in the sense that addition of some words to the original lyrics by someone else is against the principle of the basic right of Authors. If that is done, the identity of the original lyrics would be impaired to some great extent.

But it's OK for Mori to continue to sing the song so far as he sticks to sing the original lyrics. Several lawyers issued the comment saying Basra's decision is basically right. Mass media reported the possibility of bringing the case to the court decision by both parties.

I am not a specialist about the Right of Authors,Composers and Publishers and not sure about what court decision will be made about this case. But I think what JASRAC said is not necessarily right.

In any music concerts or show, singers often spoke something before he starts singing songs. After they add some words, they start singing original songs without changing the whole lyrics. What Mori has been done for many years is the same kind of thing. He adds some additional lyric like words before he start singing the original lyrics. Yes, it involves some problems if he changes the original lyrics itself, but he has not done it at all. Any of those added words seem not to impair
the original song itself. They rather work to improve the mood of the whole song. So I really don't agree with the decision of JASRAC in that respect.

I am not a professional about the law, so I don't know what will happen about this case. The best way is that Yasunori Karachi admitted such performance by Shinichi Mori without taking such legal action. But even if the case is brought into the court, it is very possible that JASRAC's judgment will be turned down from my point of views, which is rather quite common and sound.

2007/3/10
Tadashi HAYASE