Copyright Act
著作権法
Who holds rights in creative works and in performances, phonograms and broadcasts, what those rights cover and how long they last, when others may use works without permission, and how infringement is stopped, compensated and punished.
- Text in force since
- Promulgated
- Articles
- 239
- Amendments on the way
- 3
What this law does
- A work (著作物) is a creative expression of thoughts or sentiments in the literary, academic, artistic or musical domain — novels, scripts and lectures, music, dance, paintings and sculpture, architecture, maps and diagrams, films, photographs and computer programs among them — and a compilation whose selection or arrangement of material is creative, or a database whose selection or systematic construction of information is creative, is a work too. News of current events and miscellaneous reports that merely convey facts are not literary works. The Constitution and other laws and regulations, notices, instructions, circulars and the like issued by national and local government bodies and incorporated administrative agencies, court judgments, decisions, orders and rulings and administrative decisions made in quasi-judicial proceedings, and translations and compilations of these that such bodies make, cannot be the subject of the rights in Chapter 2.(Art. 2(1)(i), Art. 10(1), Art. 10(2), Art. 12(1), Art. 12-2(1), Art. 13(1)) (the provisions it rests on)
Read the full overview
- An author holds the moral rights of an author (著作者人格権) — to decide whether to make an unpublished work available to the public, to have their real name or pen name shown as author or no name at all, and to keep the work and its title from changes against their will (Article 20(2) excepts some changes, among them extending, rebuilding or repairing a building and changes needed to run a program on a computer) — and copyright (著作権): the exclusive rights to reproduce the work; to perform, play, screen or recite it in public; to transmit it to the public, making it available for transmission (送信可能化) included, and to show such transmissions publicly on a receiver; to exhibit in public the original of an artwork or of an unpublished photograph; to distribute copies of a film; to offer works other than films to the public by transferring originals or copies, or by renting out copies (the transfer right not reaching a copy that the rights holder, or someone it authorized, has already transferred to the public); to translate or adapt it; and the same kinds of rights over works derived from it. Neither needs registration or any other formality. The moral rights belong to the author alone and cannot be transferred.(Art. 17(1), Art. 17(2), Art. 18(1), Art. 19(1), Art. 20(1), Art. 20(2), Art. 21(1), Art. 22(1), Art. 22-2(1), Art. 23(1), Art. 23(2), Art. 24(1), Art. 25(1), Art. 26(1), Art. 26-2(1), Art. 26-2(2)(i), Art. 26-3(1), Art. 27(1), Art. 28(1), Art. 59(1)) (the provisions it rests on)
- Where an employee makes a work in the course of duty at the initiative of a corporation or other employer, and the employer makes it public under its own name, the employer is the author unless a contract, the employment rules or anything else in force when the work was made says otherwise; for a computer program the employer is the author on the same terms whether or not it is made public under the employer's name. Otherwise the authors of a film (cinematographic work) are those who contributed creatively to shaping it as a whole by taking charge of its production, direction, staging, cinematography, art direction and the like, apart from the authors of the novel, script, music or other works it adapts or reproduces. The copyright in a film belongs to the producer of the cinematographic work (映画製作者) where its authors have promised that producer to take part in making it.(Art. 15(1), Art. 15(2), Art. 16(1), Art. 29(1)) (the provisions it rests on)
- Copyright begins when a work is created and lasts until 70 years after the author's death (the last surviving author's, for a joint work), counted from the year after the death. The copyright in an anonymous work or one under a pen name — unless the pen name is well known as the author's, or the real name is registered or put on the work when it is made public within the period — lasts until 70 years after it is made public, or ends sooner once 70 years after the author's death are found to have passed; the copyright in a work whose authorship is attributed to a corporation or other organization, and in a film, lasts until 70 years after it is made public, or 70 years after its creation if it is not made public within 70 years of that, each period counted from the year after. Apart from the term for films, these 70-year terms and those for performances and phonograms reach only what was still protected on the day before Act No. 108 of 2016 brought them in; for works, performances and phonograms whose protection had already ended by then under the earlier 50-year terms, the earlier rule continues to apply (なお従前の例による), so their protection is not restored.(Art. 51(1), Art. 51(2), Art. 52(1), Art. 52(2), Art. 53(1), Art. 54(1), Art. 57(1), Art. 101(2), Suppl. Prov. Art. 7(1), Art. 51(2) until 29 December 2018, Art. 52(1) until 29 December 2018, Art. 53(1) until 29 December 2018, Art. 101(2)(i) until 29 December 2018, Art. 101(2)(ii) until 29 December 2018) (the provisions it rests on)
- Copyright can be transferred in whole or in part, but if the transfer contract does not specifically name the rights to translate and adapt the work (Article 27) and over works derived from it (Article 28), those rights are presumed to stay with the transferor. A copyright owner can authorize others to use the work, who may then use it only within the methods and conditions authorized, and that licence holds good against anyone who later acquires the copyright. A transfer of copyright cannot be asserted against third parties unless it is registered in the copyright register the Commissioner of the Agency for Cultural Affairs keeps.(Art. 61(1), Art. 61(2), Art. 63(1), Art. 63(2), Art. 63-2(1), Art. 77(1)(i), Art. 78(1)) (the provisions it rests on)
- Performers, producers of phonograms, broadcasters and cablecasters hold neighboring rights (著作隣接権), again without any formality, among them: for performers, the rights to record, to broadcast or cablecast, and to make available for transmission (送信可能化) their performances, besides the right to decide how they are named and to keep the performance from changes that harm their honor or reputation; for producers, the rights to reproduce their phonograms and make them available for transmission; and for broadcasters and cablecasters, the rights to record, retransmit and make available for transmission what they transmit. A performer's recording right does not reach a performance recorded in a film with the right holder's authorization (except re-recording it onto a sound-only recording), the broadcasting and cablecasting right does not reach cablecasting a broadcast performance or broadcasting a performance already recorded with authorization, and the making-available right does not reach a performance video-recorded with authorization. Neighboring rights last until 70 years after the year of the performance, or of the phonogram's publication (or of its first fixation, if it is not published within 70 years), and until 50 years after the year of a broadcast or cablecast.(Art. 89(5), Art. 89(6), Art. 90-2(1), Art. 90-3(1), Art. 91(1), Art. 91(2), Art. 92(1), Art. 92(2), Art. 92-2(1), Art. 92-2(2), Art. 96(1), Art. 96-2(1), Art. 98(1), Art. 99(1), Art. 99-2(1), Art. 100-2(1), Art. 100-3(1), Art. 100-4(1), Art. 101(1), Art. 101(2)) (the provisions it rests on)
Contents
239 868 429 67 284
- Chapter I General Provisions第一章 総則Articles 1–9-2 · 11
- Section 1 General Rules第一節 通則Articles 1–5 · 6
- Section 2 Scope of Application第二節 適用範囲Articles 6–9-2 · 5
- Chapter II Rights of Authors第二章 著作者の権利Articles 10–78-2 · 94
- Section 1 Works第一節 著作物Articles 10–13 · 5
- Section 2 Authors第二節 著作者Articles 14–16 · 3
- Section 3 The Substance of Rights第三節 権利の内容Articles 17–50 · 53
- Subsection 1 General Rules第一款 総則Article 17
- Subsection 2 Moral Rights of Authors第二款 著作者人格権Articles 18–20 · 3
- Subsection 3 Categories of Rights Comprising Copyright第三款 著作権に含まれる権利の種類Articles 21–28 · 11
- Subsection 4 Ownership of Copyright to Cinematographic Works第四款 映画の著作物の著作権の帰属Article 29
- Subsection 5 Limitations of Copyright第五款 著作権の制限Articles 30–50 · 37
- Section 4 Terms of Protection第四節 保護期間Articles 51–58 · 8
- Section 5 The Exclusive Nature of Author's Moral Rights; Related Matters第五節 著作者人格権の一身専属性等Articles 59–60 · 2
- Section 6 Transfer and Expiration of Copyright第六節 著作権の譲渡及び消滅Articles 61–62 · 2
- Section 7 Exercise of Rights第七節 権利の行使Articles 63–66 · 5
- Section 8 Exploitation of a Work Based on a Compulsory License第八節 裁定による著作物の利用Articles 67–70 · 6
- Section 9 Compensation; Related Matters第九節 補償金等Articles 71–74 · 4
- Section 10 Registration第十節 登録Articles 75–78-2 · 6
- Chapter III Print Rights第三章 出版権Articles 79–88 · 10
- Chapter IV Neighboring Rights第四章 著作隣接権Articles 89–104 · 37
- Section 1 General Rules第一節 総則Articles 89–90 · 2
- Section 2 Rights of Performers第二節 実演家の権利Articles 90-2–95-3 · 14
- Section 3 Rights of Producers of Phonograms第三節 レコード製作者の権利Articles 96–97-3 · 6
- Section 4 Rights of Broadcasters第四節 放送事業者の権利Articles 98–100 · 4
- Section 5 Rights of Cablecasters第五節 有線放送事業者の権利Articles 100-2–100-5 · 4
- Section 6 Term of Protection第六節 保護期間Article 101
- Section 7 The Exclusive Nature of a Performer's Moral Rights; Related Matters第七節 実演家人格権の一身専属性等Articles 101-2–101-3 · 2
- Section 8 Limitations, Transfer, Exercise, and Registration of Rights第八節 権利の制限、譲渡及び行使等並びに登録Articles 102–104 · 4
- Chapter V Compensation for Exploitation within Copyright Limitations第五章 著作権等の制限による利用に係る補償金Articles 104-2–104-17 · 23
- Section 1 Compensation for Private Sound and Visual Recording第一節 私的録音録画補償金Articles 104-2–104-10 · 9
- Section 2 Compensation for Public Transmission by Libraries or Similar Facilities第二節 図書館等公衆送信補償金Articles 104-10-2–104-10-8 · 7
- Section 3 Compensation for Public Transmission for Classes第三節 授業目的公衆送信補償金Articles 104-11–104-17 · 7
- Chapter VI Designated Compensation Management Organizations and Registration Verification Organizations Relating to Exploitation under a Compulsory License第六章 裁定による利用に係る指定補償金管理機関及び登録確認機関Articles 104-18–104-47 · 30
- Section 1 Designated Compensation Management Organizations第一節 指定補償金管理機関Articles 104-18–104-32 · 15
- Section 2 Registered Verification Bodies第二節 登録確認機関Articles 104-33–104-47 · 15
- Chapter VII Dispute Resolution第七章 紛争処理Articles 105–111 · 7
- Chapter VIII Infringement第八章 権利侵害Articles 112–118 · 15
- Chapter IX Penal Provisions第九章 罰則Articles 119–125 · 12
Amendments
A Japanese law is changed by another law or order that rewrites it — an . This law has 3 amendments on the way — , but . Its latest amendments are below. This law's amendments page lists every amendment e-Gov records and, for those whose changes this site has read, shows them provision by provision, in Japanese and English.
1 April 2027
in 5 months
Act Partially Amending the School Education Act, etc.
学校教育法等の一部を改正する法律
By 13 June 2028
at the latest, in 2 years
Act on the Arrangement of Related Acts to Promote the Use of Information and Communications Technology in Civil Procedures, etc.
民事関係手続等における情報通信技術の活用等の推進を図るための関係法律の整備に関する法律
On a day set by , no later than 13 June 2028 — the amending law allows up to five years from . The exact day is not fixed yet.
By 23 June 2029
at the latest, in 3 years
On a day set by , no later than 23 June 2029 — the amending law allows up to three years from . The exact day is not fixed yet.
37 amendments already in force
24 June 2026
The text on this site
17 June 2026
Act Partially Amending the School Education Act, etc.
学校教育法等の一部を改正する法律
21 May 2026
Act Partially Amending the Code of Civil Procedure, etc.
民事訴訟法等の一部を改正する法律
21 May 2026
Act on the Arrangement of Related Acts to Promote the Use of Information and Communications Technology in Civil Procedures, etc.
民事関係手続等における情報通信技術の活用等の推進を図るための関係法律の整備に関する法律
1 April 2026
1 October 2025
Act Partially Amending the Radio Act and the Broadcasting Act
電波法及び放送法の一部を改正する法律
1 October 2025
Act on the Arrangement of Related Acts to Promote the Use of Information and Communications Technology in Civil Procedures, etc.
民事関係手続等における情報通信技術の活用等の推進を図るための関係法律の整備に関する法律
1 June 2025
1 June 2025
Act on the Arrangement of Related Acts upon the Enforcement of the Act Partially Amending the Penal Code, etc.
刑法等の一部を改正する法律の施行に伴う関係法律の整理等に関する法律
19 July 2024
Act Partially Amending the Act on Promotion of Distribution of Specified Books, etc. Used as Textbooks for Disabled Children and Students
障害のある児童及び生徒のための教科用特定図書等の普及の促進等に関する法律の一部を改正する法律
Who it applies to
It applies to
- Authors of the works the Act protects: works of Japanese nationals (corporations set up under Japanese law or with their main office in Japan included), works first published in Japan or within 30 days of first publication abroad, and works Japan must protect under a treaty. A work other than a Japanese national's whose country of origin is a foreign member of the Berne Union, party to the WIPO Copyright Treaty or member of the World Trade Organization is protected no longer than that country protects it, where its term there is shorter.(Art. 6(1), Art. 58(1)) (the provisions it rests on)
- Anyone who wants to use another's work in a way copyright covers, such as copying it, performing it or transmitting it to the public: the copyright owner holds those rights exclusively and can authorize the use, within methods and conditions it sets. The limitations in Articles 30 to 50 let certain uses go ahead without authorization, and they leave the author's moral rights untouched.(Art. 21(1), Art. 22(1), Art. 23(1), Art. 63(1), Art. 63(2), Art. 30(1), Art. 50(1)) (the provisions it rests on)
6 more
- Performers, producers of phonograms, broadcasters and cablecasters, for the performances, phonograms, broadcasts and cablecasts the Act protects: chiefly performances given in Japan, phonograms whose producer is a Japanese national or whose sounds were first fixed in Japan, broadcasts by Japanese broadcasters or from equipment in Japan, cablecasts by Japanese cablecasters or from equipment in Japan, and those Japan protects under the treaties Articles 7 to 9 name.(Art. 7(1), Art. 8(1), Art. 9(1), Art. 9-2(1)) (the provisions it rests on)
- Publishers to whom the holder of the reproduction or public transmission right grants a print right (出版権), to publish the work in print or in a form read on a computer screen, or to transmit it to the public in that form: unless the grant says otherwise, they must publish within six months of receiving the manuscript or data, and keep publishing in line with custom. If they miss the six months, the holder can end the print right by notice, and if they stop publishing, after a demand giving three months or more; where the grant sets no term, the print right ends three years after it is first exercised.(Art. 79(1), Art. 80(1), Art. 81(1), Art. 83(2), Art. 84(1), Art. 84(2)) (the provisions it rests on)
- Broadcasters and cablecasters that broadcast or cablecast commercial phonograms must pay secondary use fees (二次使用料) to the performers whose performances were recorded on them with authorization and to the producers of the phonograms, except when simultaneously cablecasting a received broadcast not for profit and free of charge to the audience. The fees are owed only for performances protected under Article 7(1) items 1 to 6 and phonograms protected under Article 8(1) items 1 to 4 that are still within their term — not for those protected only through the World Trade Organization, the Beijing Treaty or the Phonograms Convention — and Article 95(2) to (4) limits them further for some treaty countries. Where the Commissioner of the Agency for Cultural Affairs has designated an association for them, the fees are claimed only through it.This is the rule until the change takes effect, 23 June 2029 at the latest.(Art. 95(1), Art. 95(2), Art. 95(4), Art. 95(5), Art. 97(1), Art. 97(2), Art. 97(3)) (the provisions it rests on)
- From a day a Cabinet Order sets, no later than 23 June 2029, broadcasters and cablecasters that broadcast or cablecast commercial phonograms, and also anyone who plays a commercial phonogram in public or shows in public on a receiver a transmission of one, must pay secondary use fees (二次使用料) to the performers and producers — only for performances protected under Article 7(1) items 1 to 6 and phonograms protected under Article 8(1) items 1 to 4 that are still within their term, with further limits for some treaty countries — unless, for playing, it is done not for profit and free of charge to the audience; for showing, it is a broadcast shown so or on an ordinary household receiver; or a limitation those Articles list applies. Where the Commissioner of the Agency for Cultural Affairs has designated an association for them, the fees are claimed only through it — those for playing and showing at no more than the rates in the fee rules (二次使用料規程) the association must publish in draft, open to negotiation with users' representatives, and then file with the Commissioner. The new fees for playing and showing do not reach performances and phonograms that the transitional rules of Act No. 64 of 1986 and Act No. 43 of 1989 keep outside the neighboring-rights provisions.This is the rule from a day still to be set, 23 June 2029 at the latest.(Art. 95(1), Art. 95(2), Art. 95(4), Art. 95(5), Art. 95-2(1), Art. 95-2(2), Art. 95-2(3), Art. 95-3(1), Art. 95-3(2), Art. 95-3(3), Art. 97(1), Art. 97(3), Art. 97-2(1), Art. 97-2(2), Art. 97-2(3), Art. 97-3(1), Art. 97-3(2), Art. 97-3(3), Art. 103-2(1), Art. 103-2(3), Art. 103-3(1), Art. 103-5(1), Art. 103-5(3), Art. 103-7(1), Suppl. Prov. Art. 1(1), Suppl. Prov. Art. 2(1), Suppl. Prov.(3), Suppl. Prov.(2), Suppl. Prov.(4)) (the provisions it rests on)
- Businesses that rent out commercial phonograms to the public (貸レコード業者): renting out a commercial phonogram needs the authorization of its performers and producer until a period a Cabinet Order sets, of between one and twelve months from its first sale, has passed. After that they must pay the performers and producers reasonable remuneration for performances and phonograms still within their term, claimed only through the association the Commissioner of the Agency for Cultural Affairs designates where there is one.This is the rule until the change takes effect, 23 June 2029 at the latest.(Art. 95-3(1), Art. 95-3(2), Art. 95-3(3), Art. 95-3(4), Art. 95(5), Art. 97-3(1), Art. 97-3(2), Art. 97-3(3), Art. 97-3(4), Art. 97(3)) (the provisions it rests on)
- From a day a Cabinet Order sets, no later than 23 June 2029, the same rule stands in Articles 95-5 and 97-5: businesses that rent out commercial phonograms to the public (貸レコード業者): renting out a commercial phonogram needs the authorization of its performers and producer until a period a Cabinet Order sets, of between one and twelve months from its first sale, has passed. After that they must pay the performers and producers reasonable remuneration for performances and phonograms still within their term, claimed only through the association the Commissioner of the Agency for Cultural Affairs designates where there is one.This is the rule from a day still to be set, 23 June 2029 at the latest.(Art. 95-5(1), Art. 95-5(2), Art. 95-5(3), Art. 95-5(4), Art. 95(5), Art. 97-5(1), Art. 97-5(2), Art. 97-5(3), Art. 97-5(4), Art. 97(3), Suppl. Prov. Art. 1(1)) (the provisions it rests on)
Special rules and exceptions (9)
- A person may copy a copyrighted work for their own personal or family use, or use within a similarly limited circle (私的使用), but not with copying machines set up for public use, nor by knowingly making copies that getting around technological protection measures has made possible. Nor may they knowingly make digital sound or video recordings from an online transmission that infringes copyright (one from abroad that would infringe if made in Japan included), or knowingly make other digital copies from such a transmission, unless the part copied is minor or special circumstances mean the copyright owner is not unreasonably harmed. Those two bars do not reach someone who did not know only through gross negligence.(Art. 30(1), Art. 30(2)) (the provisions it rests on)
- A work that is caught incidentally and as a minor part in a photograph, sound or video recording, broadcast or similar capture of something else may be used along with that capture, within a justified scope in light of whether profit is sought from it, how hard it is to separate and its role, unless that would unreasonably prejudice the copyright owner; the capture may then be used with it.(Art. 30-2(1), Art. 30-2(2)) (the provisions it rests on)
- A work may be used in any way, to the extent necessary, where the purpose is not to enjoy the thoughts or sentiments it expresses oneself or to let others enjoy them — for example in tests for developing or putting into practice technology for recording or otherwise using works, in information analysis (extracting and comparing, classifying or otherwise analysing the elements of large amounts of information), or in computer processing in which no person perceives the expression. This does not apply where the use would unreasonably prejudice the copyright owner's interests in light of the kind and purpose of the work and the way it is used.(Art. 30-4(1)) (the provisions it rests on)
- A work that has been made public may be quoted, provided the quotation is consistent with fair practice and within a scope justified by its purpose, such as news reporting, criticism or research. Where the quotation reproduces the work, its source must be indicated in a manner and to an extent reasonable for how it is reproduced, with the author's name shown on the work unless indicating the source makes the name clear anyway or the work is anonymous; quoting in other ways, the source must be indicated where that is customary. Breaking this duty to indicate the source is punishable by a fine of up to 500,000 yen.(Art. 32(1), Art. 48(1)(i), Art. 48(1)(iii), Art. 48(2), Art. 122(1)) (the provisions it rests on)
- Teachers and students at schools and other educational institutions not set up for profit may, to the extent necessary for use in their classes, copy works that have been made public, transmit them to the public (making them available for transmission included) and show such transmissions publicly on a receiver, unless this would unreasonably prejudice the copyright owner's interests in light of the kind and purpose of the work, the number of copies and the way it is copied, transmitted or shown. For transmissions, the institution's operator pays the copyright owner reasonable compensation, claimed only through the association the Commissioner of the Agency for Cultural Affairs designates where there is one — except when transmitting to students taking the same class at the same time elsewhere a work that is being handed out or shown in the class itself, or performed, played, screened or recited there as Article 38(1) allows.(Art. 35(1), Art. 35(2), Art. 35(3), Art. 104-11(1), Art. 38(1)) (the provisions it rests on)
- A work that has been made public may be performed, played, screened or recited in public if this is not for profit, no fee is charged to the audience, and the performers or reciters are not paid. Likewise, copies of a work made public, other than a film, may be lent to the public if this is not for profit and no fee is charged to borrowers.(Art. 38(1), Art. 38(4)) (the provisions it rests on)
- An artistic work whose original is permanently installed outdoors in a place open to the public, such as a street or park, or where the public can easily see it, such as the outside wall of a building, and an architectural work, may be used in any way, except to make further copies of a sculpture or offer them to the public by transfer; to reproduce a building by constructing it or offer such a copy to the public by transfer; to copy the work in order to install it permanently in such a place; or to copy an artistic work solely in order to sell copies, or to sell such copies.(Art. 46(1), Art. 45(2)) (the provisions it rests on)
- The National Diet Library and libraries a Cabinet Order designates may, as a non-profit service, copy works from their materials to give a user, for research, one copy of part of a work made public (or of the whole, for publicity materials, statistics, reports and similar works that government bodies make public under their own names and other works, where a Cabinet Order specifies them), to preserve their materials, and to supply another library with out-of-print materials that are hard to obtain. Specified libraries (特定図書館等) that meet the Act's conditions may also transmit such parts to registered users for their research, unless that would unreasonably prejudice the copyright owner, with the library's operator paying the copyright owner reasonable compensation.(Art. 31(1), Art. 31(2), Art. 31(3), Art. 31(5)) (the provisions it rests on)
- Someone who wants to use a work that has been made public, or evidently offered to the public for a long time, but cannot reach its copyright owner — having taken the steps the Commissioner of the Agency for Cultural Affairs sets to find the owner's contact details and tried every contact detail they have — may use it as a ruling (裁定) of the Commissioner allows, unless the author evidently means to withdraw the work, after depositing compensation the Commissioner sets as equal to the ordinary royalty, or paying it to the designated compensation management organization (指定補償金管理機関) where one does that work. A work made public whose copyright no copyright management business (著作権等管理事業者) manages, and for which no information for confirming the owner's wishes has been published as the Commissioner provides, may likewise be used under a ruling, on deposit of compensation, for up to three years where the owner's wishes cannot be confirmed by the measures the Commissioner sets. The Commissioner can revoke that ruling at the owner's request once the owner has made it possible to be approached about the use.(Art. 67(1), Art. 67-3(1), Art. 67-3(2), Art. 67-3(5), Art. 67-3(7), Art. 104-21(2)) (the provisions it rests on)
How it is enforced (8)
- Authors, copyright owners, owners of print rights (出版権), performers and owners of neighboring rights can demand that anyone infringing their rights, or likely to, stop or refrain, and can also demand the destruction of infringing goods and of machines or tools used only for infringement, or other measures needed to stop or prevent it. The Act also treats certain acts as infringements, among them importing, for distribution in Japan, goods made in a way that would infringe if done in Japan; knowingly distributing, offering or holding for distribution, or exporting as a business, goods made by infringement; and using a work in a way that harms the author's honor or reputation.(Art. 112(1), Art. 112(2), Art. 113(1)(i), Art. 113(1)(ii), Art. 113(11)) (the provisions it rests on)
- An owner of copyright, a print right or a neighboring right claiming damages from someone who infringed it intentionally or negligently can take as its loss the infringer's profit from the infringement, which is presumed to be the loss, or the fee it would have received for the use, or an amount worked out from the copies the infringer sold or transmitted and the owner's own profit per unit. Where a loss is shown but the facts needed to prove its amount are extremely hard to prove, the court can find a reasonable amount, and, on a party's application, it can order a party to produce documents needed to prove the infringement or calculate the loss, unless there is good reason to refuse.(Art. 114(1), Art. 114(2), Art. 114(3), Art. 114-5(1), Art. 114-3(1)) (the provisions it rests on)
- An author or performer whose moral rights were infringed intentionally or negligently can demand, instead of or as well as damages, measures to ensure they are identified as the author or performer, a correction, or other steps to restore their honor or reputation. After an author's or performer's death, anyone offering the work or performance to the public must still not do what would infringe those rights if they were alive, unless it is found not to go against their wishes, and the surviving spouse, children, parents, grandchildren, grandparents or siblings can demand that a breach stop or that honor be restored. Breaking that rule is punishable by a fine of up to 5 million yen.(Art. 115(1), Art. 60(1), Art. 101-3(1), Art. 116(1), Art. 120(1)) (the provisions it rests on)
- Infringing a copyright, print right or neighboring right is punishable by imprisonment () of up to 10 years, a fine of up to 10 million yen, or both — though not copying for one's own private use, nor acts the Act only deems to be infringements (Article 113), which carry the penalties of Article 119(2) and Article 120-2 where these provide one. Infringing moral rights, importing or distributing pirated goods as Article 113(1) describes, using pirated copies of a computer program in business when the user knew they were pirated on acquiring them, letting public copying machines be used for infringing copies for profit, and presenting to the public a website, or offering a program, that steers people to infringing content (apart from merely giving it a place on a larger website without unreasonably harming rights holders) are punishable by up to 5 years, 5 million yen, or both. Dealing in devices or programs whose function is to circumvent technological protection measures or technological exploitation restriction measures — selling or renting them to the public, making, importing or holding them for that, or putting them online — circumventing them as a business at the public's request, giving links to infringing content on such a website or through such a program, offering codes that circumvent those measures, and, for profit, falsifying or removing rights management information or importing records made for sale abroad as Article 113(10) describes, are punishable by up to 3 years, 3 million yen, or both.(Art. 119(1), Art. 113(1), Art. 113(5), Art. 119(2)(i), Art. 119(2)(ii), Art. 119(2)(iii), Art. 119(2)(iv), Art. 119(2)(v), Art. 119(2)(vi), Art. 113(2), Art. 120-2(1)(i), Art. 120-2(1)(ii), Art. 120-2(1)(iii), Art. 120-2(1)(iv), Art. 120-2(1)(v), Art. 120-2(1)(vi)) (the provisions it rests on)
- Even for private use, knowingly making digital sound or video recordings of recorded content that is offered to the public for a fee, by receiving online transmissions that infringe copyright or neighboring rights, is punishable by imprisonment of up to 2 years, a fine of up to 2 million yen, or both; so is knowingly making other digital copies of works offered for a fee from transmissions that infringe copyright, continuously or repeatedly, apart from minor copies and special circumstances in which the copyright owner is not unreasonably harmed. Neither offence covers someone who did not know only because of gross negligence.(Art. 119(3)(i), Art. 119(3)(ii), Art. 119(4), Art. 119(5)) (the provisions it rests on)
- The offences of Article 119(1) to (3), Article 120-2 items 3 to 6, Article 121-2 and Article 122-3(1) can be prosecuted only on a criminal complaint (). The exception is infringement under Article 119(1) committed for payment, or to harm the income rights holders expect from works offered for a fee, by transferring to the public exact copies of such works or transmitting them to the public in their original form, or by copying them in order to do so, where that unreasonably harms that expected income.(Art. 123(1), Art. 123(2), Art. 123(3)) (the provisions it rests on)
- Where a company's representative, or an agent, employee or other worker of a company or individual, commits in the course of its business an offence under Article 119(1), Article 119(2) items 3 to 6, or Article 122-3(1) (breaching a court's protective order, 秘密保持命令), the company is fined up to 300 million yen besides the punishment of the offender. For those offences an individual employer, and for the other offences Article 124 lists a company or individual employer, faces the fine the Article for the offence sets.(Art. 124(1)(i), Art. 124(1)(ii)) (the provisions it rests on)
- Where a dispute arises over a right this Act provides, a party can apply to the Commissioner of the Agency for Cultural Affairs, paying a fee a Cabinet Order sets, for mediation (あっせん) by mediators for copyright dispute resolution (著作権紛争解決あっせん委員). The Commissioner refers the case to mediation when both parties apply, or one applies and the other agrees, but may decline where the case is by its nature unsuited to mediation or the application is made for an improper purpose.(Art. 105(1), Art. 106(1), Art. 107(1), Art. 108(1), Art. 108(2)) (the provisions it rests on)
How it connects to other laws
- Act on Access to Information Held by Administrative Organs013
- Code of Civil Procedure03
- Administrative Procedure Act02
- School Education Act02
- Regulation for Enforcement of the Immigration Control and Refugee Recognition Act10
- Consumption Tax Act10
- Unfair Competition Prevention Act01
- Civil Code01
- Act on the Protection of Personal Information01
- Act on Special Measures Concerning Taxation10
- Residential Basic Book Act10
- Civil Enforcement Act01
It also names 36 laws not yet held here.
Where the translation comes from
- 1,343
- 433
The Ministry of Justice translated only part of this law: the partially unenforced, as the law stood after Act No. 52 of 2021 amended it. The rest of the law has no Ministry translation.
The Ministry of Justice's translation is shown only where the Japanese it translates matches the law in force today. Everywhere else the English is a machine translation, marked on the paragraph itself.
Only the Japanese is the law, and no lawyer has reviewed the machine translation.
Sources
Everything this page rests on
- e-Gov (Digital Agency)著作権法 — the text in force from 2026-06-24Original
- e-Gov (Digital Agency)著作権法 — revision historyOriginal
- Japanese Law Translation, Ministry of JusticeCopyright Act — Ministry of Justice translationOriginal
- Machine translation, not official
- Machine translation, corrected on review, not official
- Written for this site with AIEnglish titles of amending laws, written for this site
- Written for this site with AIDescriptions of each law, written for this site
- Written for this site with AICorrections to the Ministry of Justice's English of paragraphs
- Worked out by this site from e-Gov's text