わかる!著作権

criminal punishments

Copy-chan, what happens to you when you’ve violated the rights of authors?
Huh, I don’t know what happens either.
You wouldn’t get arrested and everything, right.
It’s not like you’re killing somebody, so it shouldn’t be that heavy of a crime.

When you violate the copyright act, you could get accused both as a civil case and a criminal case.

For example when someone breaks the copyright, publishing rights, or the neighboring rights of the author, the person can get under 10 years in prison, or a fine of 10million yen.

When you break the author’s moral rights, or the performer’s moral rights, you can get upto 5 years in prison or a fine upto 5 million yen. There are many other penalties set.

When you break the author’s moral rights, or the performer’s moral rights, you can get upto 5 years in prison or a fine upto 5 million yen. There are many other penalties set.

(criminal punishments)
Article 119 (1) A person that infringes a copyright, print rights, or neighboring rights (other than one thatpersonally reproduces a work or performance, etc. for the purpose of private use as referred to in Article 30, paragraph (1) (including as applied mutatis mutandis pursuant to Article 102, paragraph (1)); one whose actionis deemed to constitute infringement of a copyright or neighboring rights (including rights deemed to be neighboring rights pursuant to the provisions of Article 113, paragraph (4); the same applies in Article 120-2, item (iii)) pursuant to the provisions of Article 113, paragraph (3); one whose action is deemed to constitute infringement of a copyright or neighboring rights pursuant to the provisions of Article 113, paragraph (5); or a person set forth in item (iii) or (iv) of the following paragraph) is subject to imprisonment for a term of up to ten years, a fine of up to ten million yen, or both.
(2) A person falling under any of the following items is subject to imprisonment for a term of up to five years, a fine of up to five million yen, or both:
(i) a person that infringes the moral rights of an author or the moral rights of a performer (other than one whose action is deemed to constitute infringement of an author's moral rights or a performer's moral rights pursuant tothe provisions of Article 113, paragraph (3));
(ii) a person that, for commercial purposes, causes an automated duplicator referred to in Article 30, paragraph(1), item (i) to be used to reproduce a work or performance, etc. as constitutes an infringement of a copyright, print rights, or neighboring rights;
(iii) a person that engages in an action that is deemed to constitute infringement of a copyright, print rights, orneighboring rights pursuant to the provisions of Article 113, paragraph (1);
(iv) a person that engages in an action that is deemed to constitute infringement of a copyright pursuant to theprovisions of Article 113, paragraph (2).
Article 120 A person that violates the provisions of Article 60 or Article 101-3 is subject to a fine of up to five million yen.
Article 120-2 A person falling under one of the following items is subject to imprisonment for a term of up to three years, a fine of up to three million yen, or both:
(i) a person that transfers or rents to the public, that manufactures, imports, or possesses for the purpose of transferring or renting to the public, or that offers for public use, a device whose principal function is to circumvent technological protection measures (including an easily assemblable set of parts for such a device) or copies of a computer program whose principal function is to circumvent technological protection measures, or a person that transmits to the public or makes available for transmission such a computer program;
(ii) a person that, in the course of trade, circumvents technological protection measures at the request of thepublic;
(iii) a person that, for commercial purposes, engages in an action that is deemed to constitute infringement of an author's moral rights, a copyright, a performer's moral rights, or neighboring rights pursuant to the provisions of Article 113, paragraph (3);
(iv) a person that, for commercial purposes, engages in an action that is deemed to constitute an infringement of a copyright or neighboring rights pursuant to the provisions of Article 113, paragraph (5).
(iv) a person that, for commercial purposes, engages in an action that is deemed to constitute an infringement of a copyright or neighboring rights pursuant to the provisions of Article 113, paragraph (5).
Article 121-2 A person that reproduces, as a commercial phonogram, a commercial phonogram as set forth in either of the following items (or a copy of such a commercial phonogram (this includes a copy that is two ormore intervening reproductions out of the commercial phonogram)), distributes copies of a commercial phonogram so reproduced, possesses such copies for the purpose of distribution, or offers to distribute suchcopies (except for a person that engages in the relevant reproduction, distribution, possession, or offer after fifty years have passed, counting from the year after that in which the sound is first fixed into the master referred to in the relevant item) is subject to imprisonment for a term of up to one year, a fine of up to one million yen, orboth:
(i) a commercial phonogram that a person in the business of producing commercial phonograms in Japan, produces from the master of a phonogram (other than a phonogram falling under one of the items of Article 8) that it is offered by and receives from the producer of that phonogram;
(ii) a commercial phonogram that a person in the business of producing commercial phonograms abroad, produces from the master of a phonogram (other than a phonogram falling under one of the items of Article 8) that it is offered by and receives from the national of a Contracting State of the Convention for the Protection of Performers, etc., the national of a World Trade Organization Member State, or the national of a Contracting State of the Convention for the Protection of Phonograms (the nationals of a Contracting State includecorporations established based on the laws and regulations of that State and corporations that have principal offices in that State) that is the producer of that phonogram.
Article 122 A person that violates the provisions of Article 48 or Article 102, paragraph (2) is subject to a fine of up to five hundred thousand yen.
Article 122-2 (1) A person that violates a confidentiality protective order is subject to imprisonment for a termof up to five years, a fine of up to five million yen, or both.
(2) The offence referred to in the preceding paragraph is also applicable if a person commits the offence referred to in that paragraph abroad.
Article 123 (1) Prosecution may not be instituted for the offence referred to in Article 119; Article 120-2, item(iii) or (iv); Article 121-2; and paragraph (1) of the preceding Article, unless an accusation is filed by the injured party.
(2) The publisher of an anonymous or a pseudonymous work may file an accusation in connection with an offense referred to in the preceding paragraph involving such a work; provided, however that this does not applyin the case specified in the proviso to Article 118, paragraph (1), or if the accusation is contrary to the express will of the author.
Article 124 (1) If the representative of a corporation (including the administrator of an association orfoundation without legal personality) or the agent, employee, or other worker of a corporation or person violates the provisions set forth in one of the following items in connection with the business of that corporation orperson, in addition to the offender being subject to punishment, the corporation is subject to punishment by thefine prescribed in the relevant item and the person is subject to punishment by the fine prescribed in theprovisions referred to in the relevant item:
(i) Article 119, paragraph (1); Article 119, paragraph (2), item (iii) or (iv); or Article 122-2, paragraph (1): a fine of up to three hundred million yen;
(ii) Article 119, paragraph (2), item (i) or (ii) or Article 120 through Article 122: the fine referred to in therelevant of these provisions.
(2) If the provisions of the preceding paragraph are applicable to an association or foundation without legalpersonality, its representative or administrator represents the association or foundation in any procedural acts and the provisions of the Code of Criminal Procedure that are applicable when a corporation is the accused orthe suspect, apply mutatis mutandis.
(3) In the case referred to in paragraph (1), an accusation lodged against the offender or the withdrawal of suchan accusation is also effective against the corporation or the person concerned, and an accusation lodged against a corporation or the person concerned or the withdrawal of such an accusation is also effective against theoffender.
(4) The period of prescription if a corporation or person is subject to a fine, pursuant to the provisions of paragraph (1) of this Article, in connection with a violation referred to in Article 119, paragraph (1) or (2) orArticle 122-2, paragraph (1), is the period of prescription for the offense referred to in the relevant of those provisions.