Copyright Act

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 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 70 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, 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).

If there is a violation of an order to suspend the verification and other affairs under Article 104-45, paragraph (2), the person who committed the violation is subject to imprisonment for a term of up to one year or a fine of up to 500,000 yen.

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.

If any of the following items apply, the person who committed the violation is subject to a fine of not more than 300,000 yen:

when account books are not kept, entries are not made in them or false entries are made in them, or they are not preserved, in violation of Article 104-27 or Article 104-40;

when the report or the submission of data under Article 104-28, paragraph (1) or Article 104-41, paragraph (1) is not made, a false report is made, or false data is submitted, or no answer is given to, or a false answer is given to, a question under these provisions, or an inspection under these provisions is refused, obstructed, or evaded;

when the compensation management functions or the verification and other affairs are discontinued without the permission under Article 104-30, paragraph (1) or Article 104-44, paragraph (1).

A person that violates a confidentiality protective order is subject to imprisonment 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, paragraphs (1) through (3); Article 120-2, items (iii) through (vi); Article 121-2; and paragraph (1) of the preceding Article, unless an accusation is filed by the injured party.

The provisions of the preceding paragraph do not apply to an offence as referred to in Article 119, paragraph (1) that a person commits by undertaking one of the acts set forth in the following items, either for the purpose of gaining a financial benefit in consideration of the act set forth therein or for the purpose of damaging the profit that the copyright owner, etc. is expected to gain by making available or presenting a fee-based work:

transferring copies of an unaltered original fee-based work to the public or transmitting an unaltered original fee-based work to the public (including making that work available for transmission, if it is to be transmitted to the public via automatic public transmission; the same applies in the following item) (but only if the profit that the copyright owner, etc. is expected to gain by making available or presenting that fee-based work would be unreasonably damaged in light of the nature or purpose of the fee-based work, the number of copies that would be transferred, the circumstances of the transfer or public transmission, or any other conditions); or

reproducing a fee-based work for the purpose of transferring copies of the unaltered original fee-based work to the public or of transmitting the unaltered original fee-based work to the public (but only if the profit that the copyright owner, etc. is expected to gain by making available or presenting its fee-based work would be unreasonably damaged in light of the nature or purpose of the fee-based work, the number of copies that would be reproduced, the circumstances of its reproduction, or any other conditions).

The fee-based work provided for in the preceding paragraph means a work or performance, etc. (limited to one that is the subject of a copyright, print rights, or neighboring rights) made available or presented to the public for value (other than through an action that infringes copyrights, print rights or neighboring rights (for a work made available or presented abroad, this means an action would constitute copyright infringement if it took place in Japan)).

The publisher of an anonymous or a pseudonymous work may file an accusation in connection with an offense referred to in paragraph (1) 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), items (iii) through (vi); or Article 122-3, paragraph (1):a fine of up to three hundred million yen;

Article 119, paragraph (2), item (i) or (ii), Article 120 through Article 121-2, or 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 122-3, paragraph (1), is the period of prescription for the offense referred to in the relevant of those provisions.

If a person fails to prepare financial statements, etc. in violation of Article 104-39, paragraph (1), fails to enter or record the particulars to be entered or recorded in the financial statements, etc., makes false entries or records, or fails to keep financial statements, etc. on file, or refuses without justifiable grounds a request under paragraph (2) of that Article, the person who committed the violation is subject to a non-penal fine of not more than 200,000 yen.