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Chapter IX Penal Provisions第九章 罰則
Article 119第百十九条
Article 119, paragraph (1)
A person that infringes on a copyright, print rights, or neighboring rights (other than one that personally 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); same applies in paragraph (3)); one whose action is deemed to constitute infringement of a copyright, print rights, or neighboring rights pursuant to the provisions of Article 113, paragraphs (2), (3) or (6) through (8) (in cases under Article 113, paragraph (8), including rights deemed to be neighboring rights pursuant to the provisions of Article 113, paragraph (9); the same applies in Article 120-2, item (v)); one whose action is deemed to constitute infringement of a copyright or neighboring rights pursuant to the provisions of Article 113, paragraph (10); or a person set forth in item (iii) or (vi) 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.
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:
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 to the provisions of Article 113, paragraph (8));
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);
第百十三条第一項の規定により著作権、出版権又は著作隣接権を侵害する行為とみなされる行為を行つた者
Article 119, paragraph (2), item (iv)
a person that presented a website, etc. facilitating the exploitation of an infringing work to the public (excluding a person that merely provided the opportunity to present to the public on a website, etc. that includes the website, etc. facilitating the exploitation of an infringing work and a considerable number of other websites, etc. (meaning the website, etc. provided in Article 113, paragraph (4); hereinafter the same applies in this item and the following item) (excluding cases where that person has, continuously for a considerable period of time and without reasonable grounds, failed to comply with a request from the copyright owner, etc. for the deletion of the infringing transmitter identification codes, etc. provided on the website, etc. facilitating the exploitation of an infringing work or there are other special circumstances under which the person's action is found to unreasonably prejudice the interests of the copyright owner, etc.))
a person that made available or presented a computer program facilitating the exploitation of an infringing work to the public (excluding a person that merely provided the opportunity to make available or present the computer program facilitating the exploitation of an infringing work to the public on a website, etc. that includes the website, etc. used for making available or presenting the computer program to the public and a considerable number of other websites, etc. or on a website, etc. used for making available or presenting to the public the computer program facilitating the exploitation of an infringing work and a considerable number of computer programs (excluding cases where that person has, continuously for a considerable period of time and without reasonable grounds, failed to comply with a request from the copyright owner, etc. for the deletion of the infringing transmitter identification codes, etc. provided by means of the computer program facilitating the exploitation of an infringing work or there are other special circumstances under which the person's action is found to unreasonably prejudice the interests of the copyright owner, etc.));
a person that infringes on a copyright or neighboring rights by digitally recording, for the purpose of private use as referred to in Article 30, paragraph (1), the sound or visuals of a fee-based recorded work (meaning a work or performance, etc. (limited to one that is the subject of a copyright or neighboring rights) that has undergone sound or visual recording 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)) that has been transmitted to the public via an automatic public transmission that infringes on a copyright (including an automatic public transmission that is transmitted abroad and that would constitute copyright infringement if it were transmitted in Japan) or via an automatic public transmission through the action of making a work available for transmission that infringes neighboring rights (including the action of making a work available for transmission that is undertaken abroad and that would constitute neighboring rights infringement if it were undertaken in Japan) (hereinafter in this item and the following paragraph referred to as the "specified infringing sound or visual recording of a fee-based work"), knowing that the relevant action constitutes a specified infringing sound or visual recording of a fee-based work;
a person that continuously or repeatedly infringes on a copyright by digitally reproducing, for the purpose of private use as referred to in Article 30, paragraph (1), a work (limited to one that is the subject of a copyright; hereinafter the same applies in this item) 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) and that has been transmitted to the public via an automatic public transmission that infringes on a copyright (excluding the rights provided in Article 28 (limited to those for a derivative work created by a method other than translation); hereinafter the same applies in this item and paragraph (5)) (including an automatic public transmission that is transmitted abroad and that would constitute copyright infringement if it were transmitted in Japan) (excluding sound and visual recording; hereinafter the same applies in this item) (excluding reproduction that is minor in light of the percentage of the reproduced part in the relevant work, the accuracy of indications made at the time the part is transmitted via automatic public transmission, and other elements; hereinafter in this item and paragraph (5) referred to as "specified infringing reproduction of a fee-based work"), knowing that the relevant action constitutes the specified infringing reproduction of a fee-based work (excluding cases where there are special reasons for finding that the action would not unreasonably prejudice the interests of the copyright owner in light of the nature or purpose of the work or the circumstances of the specified infringing reproduction of a fee-based work).
The person set forth in item (i) of the preceding paragraph must not be construed as including a person that infringes on a copyright or neighboring rights by undertaking the specified infringing sound or visual recording of a fee-based work through gross negligence in not knowing the fact that the relevant action constitutes the specified infringing audio or visual recording of a fee-based work
The person set forth in paragraph (3), item (ii) must not be construed as including a person that continuously or repeatedly infringes on a copyright by undertaking the specified infringing reproduction of a fee-based work through gross negligence in not knowing the fact that the relevant action constitutes the specified infringing reproduction of a fee-based work.
A person that violates the provisions of Article 60 or Article 101-3 is subject to a fine of up to five million yen.
第六十条又は第百一条の三の規定に違反した者は、五百万円以下の罰金に処する。
Article 120-2第百二十条の二
Article 120-2, paragraph (1)
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:
a person that transfers or rents to the public a device with a function that circumvents technological protection measures or technological exploitation restriction 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 or technological exploitation restriction measures; manufactures, imports, or possesses such a device or copies of such a computer program for the purpose of transferring or renting them to the public; or offers such a device or copies of such a computer program for public use; or a person that transmits that computer program to the public 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-related matters through the circumvention of technological protection measures or to enable acts deemed to constitute the infringements of a copyright, print rights, or the neighboring rights prescribed in the provisions of Article 113, paragraph (6) through the circumvention of technological exploitation restriction measures);
a person that, in the course of trade, circumvents technological protection measures or technological exploitation restriction measures at the request of the public;
業として公衆からの求めに応じて技術的保護手段の回避又は技術的利用制限手段の回避を行つた者
Article 120-2, paragraph (1), item (iii)
a person that engages in an action that is deemed to constitute infringement of a copyright, print right or neighboring rights pursuant to the provisions of Article 113, paragraph (2);
第百十三条第二項の規定により著作権、出版権又は著作隣接権を侵害する行為とみなされる行為を行つた者
Article 120-2, paragraph (1), item (iv)
a person that engages in an action that is deemed to constitute infringement of a copyright, etc. relevant to the technological protection measures or a copyright, print right or neighboring rights relevant to the technological exploitation restriction measures pursuant to the provisions of Article 113, paragraph (7);
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 print right, a performer's moral rights, or neighboring rights pursuant to the provisions of Article 113, paragraph (8);
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 (10).