where guests and participants in after-reception
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parties and any other parties performed managed works at the shop, the court found that the
defendant was not in charge of the performance of managed works. Regarding (3), the court found
that the defendant was likely to continue performing managed works at the shop, in view of the fact
that, despite the defendant’s promise not to do so until the case had been settled (during the
hearing proceedings for a preceding case where the plaintiff had sought a provisional disposition
for an injunction against the performances, etc.), live organizers had been continuing to perform
managed works at the shop without obtaining prior written authorization from the plaintiff for the
use of those managed works. Based on these findings, the court accepted the plaintiff’s claim for
an injunction against the instrumental and vocal performance of managed works in “piano
performances” and “live performances.” Regarding the plaintiff’s claim for removal of musical
instruments, the court accepted said claim for the piano only. Regarding the plaintiff’s claim for a
prohibition on musical instruments and audio equipment being brought into the shop, the court
accepted said claim for bringing in the piano and other musical instruments only (excluding cases
where the entire shop was reserved for exclusive use). Regarding (5), the court found that the
prescription was interrupted by the completion of the registration of auxiliary attachment.
Regarding the performances conducted during the three-year short-term extinctive prescription
period, the court accepted the plaintiff’s secondary claim for restitution of the unjust enrichment
equivalent to the royalties for the managed works performed. Regarding (4), the court determined
the damages equivalent to the royalties calculated based on the number of performances.