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.
第百十九条第一項から第三項まで、第百二十条の二第三号から第六号まで、第百二十一条の二及び前条第一項の罪は、告訴がなければ公訴を提起することができない。
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.
Read this with the articles around it