Copyright Act

A person that infringes on a copyright, print rights, or neighboring rights (other than one that personally carries out reproduction of 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); the same applies in paragraph (3)); one whose action is 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 with work for a term of up to ten years, a fine of up to ten million yen, or both.

A person falling under any of the following items is subject to imprisonment with work for a term of up to five years, a fine of up to five million yen, or both:

a person that infringes the moral rights of an author or the moral rights of performers (other than one whose action is deemed to constitute infringement of the moral rights of an author or the moral rights of performers pursuant to the provisions of Article 113, paragraph (3));

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;

a person that engages in an action that is deemed to constitute infringement of a copyright, print rights, or neighboring rights pursuant to the provisions of Article 113, paragraph (1);

a person that engages in an action that is deemed to constitute infringement of a copyright pursuant to the provisions of Article 113, paragraph (2).

A person that infringes on a copyright or neighboring rights by making a digital sound recording or visual recording of an automatic public transmission that infringes on the copyright or neighboring rights of a fee-based work (meaning a work or performance, etc. that has undergone sound or visual recording (limited to one that is the subject of a copyright or neighboring rights) and that is being made available or presented to the public for value (limited to those that are made available or presented to the public without infringing any copyrights or neighboring rights); including an automatic public transmission that is made abroad and that would constitute infringement of a copyright or neighboring rights if it were made in Japan) by receiving that transmission, for the purpose of private use as referred to in Article 30, paragraph (1), while knowing that fact personally, is subject to imprisonment with work for a term of up to two years, a fine of up to two million yen, or both.

A person that violates the provisions of Article 60 or Article 101-3 is subject to a fine of up to five million yen.

A person falling under one of the following items is subject to imprisonment with work for a term of up to three years, a fine of up to three million yen, or both:

a person that transfers or rents to the public a device with a function that circumvents technological protection measures (including an easily assembled set of parts for such a device) or copies of a computer program with a function that circumvents technological protection measures; manufactures, imports, or possesses such a device or copies of such a computer program for the purpose of transfer or renting out to the public; or offers such a device or copies of such a computer program for public use; or a person that transmits to the public that computer program or makes it available for transmission (if the device or program has functions other than such circumvention functions, this is limited to if the device or program is used to enable the infringement of a copyright, etc. through the circumvention of technological protection measures);

a person that, in the course of trade, carries out the circumvention of technological protection measures at the request of the public;

a person that, for commercial purposes, engages in an action that is deemed to constitute infringement of the moral rights of an author, a copyright, the moral rights of performers, or neighboring rights pursuant to the provisions of Article 113, paragraph (3);

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).

A person that distributes copies of a work that use the true name of a person other than the author or the pseudonym by which a person other than the author is commonly known, to indicate the name of the author (including copies of derivative works that use the true name of a person other than the author of the original work or the pseudonym by which a person other than the author of the original work is commonly known, to indicate the name of the original author) is subject to imprisonment with work for a term of up to one year, a fine of up to one million yen, or both.

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 or more intervening reproductions removed from such a commercial phonogram)), distributes copies of a commercial phonogram so reproduced, possesses such copies for the purpose of distribution, or offers to distribute such copies (except for a person that engages in the relevant reproduction, distribution, possession, or offer after 50 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 with work for a term of up to one year, a fine of up to one million yen, or both:

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 is made available by the producer of that phonogram;

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 is made available by the producer of that phonogram that is 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 include corporations established based on the laws and regulations of that State and corporations that have principal offices in that State).

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.

A person that violates a confidentiality protective order is subject to imprisonment with work for a term of up to five years, a fine of up to five million yen, or both.

The offence referred to in the preceding paragraph is also applicable if a person commits the offence referred to in that paragraph abroad.

Prosecution may not be instituted for the offence referred to in Article 119; Article 120-2, items (iii) and (iv); Article 121-2; and paragraph (1) of the preceding Article, unless an accusation is filed by the injured party.

The publisher of an anonymous work or a work under a pseudonym 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 apply in cases specified in the proviso to Article 118, paragraph (1), or if the accusation is contrary to the express will of the author.

If the representative of a corporation (including the administrator of an association or foundation 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 or person, in addition to the offender being subject to punishment, the corporation is subject to punishment by the fine prescribed in the relevant item and the person is subject to punishment by the fine prescribed in the provisions referred to in the relevant item:

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;

Article 119, paragraph (2), item (i) or (ii) or Article 120 through Article 122:the fine referred to in the relevant of these provisions.

If the provisions of the preceding paragraph are applicable to an association or foundation without legal personality, 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 or the suspect, apply mutatis mutandis.

In cases referred to in paragraph (1), an accusation lodged against the offender or the withdrawal of such an 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 the offender.

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) or Article 122-2, paragraph (1), is the period of prescription for the offense referred to in the relevant of those provisions.