Further provisions to Japan’s revised Copyright Act went into effect January 1, 2021, tightening restrictions on the users of copyright-infringing materials online.
In addition to modifications to procedures for registering and examining copyrighted materials, the noteworthy revision is making it illegal to download pirated materials knowingly in some cases. Specifically, a user may be guilty if:
– The user knew the materials were copyright-infringed and downloaded anyway (for personal or other use) and
– The work is substantial, i.e., not merely included in a screenshot, a small amount such as a few blocks of a manga comic, a derivative or parody work, or otherwise deemed by the authorities as exceptional.
Further, criminal charges may be filed only if, in addition to the above being true, the violator repeatedly downloads the pirated material while the original copyrighted material is available at a price.
The government, wary of causing frustration among users, has instituted policies to promote serial code systems and better procedures for examining any alleged infringements, also from January 1. Overall, Japan is aiming to be more digital in its copyright protections, and balance the widespread concerns for freedom of creativity with the frustrations of artists and other creators over widespread digital privacy.
The revised Copyright Act was promulgated June 12, 2020, with starting points, depending on the provisions, of October 1, 2020; January 1, 2021; and a time as decided by administration up to June 12, 2021, respectively. (The final change only affects a certification system for copyrighted programs.)
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Taro Yaguchi
Sources
Agency for Cultural Affairs, Government of Japan. “令和2年通常国会 著作権法改正について [The Reiwa year 2 regular Diet session’s revision to the Copyright Act].” Accessed February 18, 2021.
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