Copyright Basics
Copyright arises automatically when a work — a creative expression of thoughts or feelings — is created (Copyright Act Articles 2(1)(i), 17(2)). No registration is required, unlike patents or trademarks.
Protection lasts for 70 years after the author's death (Article 51). Works made for hire and films are protected for 70 years after publication (Articles 53–54).
Elements of Infringement
Copyright infringement requires:
- Copyrightability: Creative expression (facts, data, and ideas are not protected)
- Copying: The accused work was based on the original (access + copying)
- Substantial similarity: The expressions are substantially similar
Fair Use-Type Exceptions
| Article | Content |
|---|---|
| Art. 30 | Private copying |
| Art. 32 | Quotation (source credit required, necessity, subordinate role) |
| Art. 47-5 | Copying for data analysis |
| Art. 48 | Source attribution requirement |
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Try for free →Remedy 1: Takedown / Injunction
Direct Demand
Under Copyright Act Article 112, the rights holder may demand the cessation and prevention of infringement, and destruction of infringing copies.
Notice-and-Takedown via Providers
For online infringement, a transmission prevention request under the Provider Liability Limitation Act is the fastest remedy.
Steps: 1. Prepare the infringing URL and proof of ownership 2. Submit a written request (email accepted) to the hosting provider 3. Provider must respond within 7 days as a general rule
For overseas platforms (YouTube, Instagram, etc.), the DMCA Takedown procedure is also available.
Remedy 2: Damages
Statutory Damage Presumptions (Article 114)
Because actual damage is hard to prove, the law provides presumption rules:
| Basis | Calculation |
|---|---|
| Art. 114(1) | Units transferred by infringer × rights holder's unit profit |
| Art. 114(2) | Profits earned by the infringer from the infringement |
| Art. 114(3) | Reasonable royalty normally receivable |
In practice, Article 114(2) (infringer's profits) or 114(3) (reasonable royalty) are most commonly used.
Statute of Limitations
Claims expire 3 years after the rights holder learns of the damage and infringer, or 20 years after the tort (Civil Code Article 724).
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Remedy 3: Criminal Complaint
Copyright Act Articles 119 et seq. prescribe criminal penalties:
| Act | Penalty |
|---|---|
| Copyright infringement | Up to 10 years imprisonment or ¥10 million fine (or both) |
| Corporate infringement | Up to ¥300 million fine |
Criminal prosecution requires a complaint by the rights holder (Article 123 — a complaint-required offense). Criminal complaints are effective for deterrence and evidence gathering, and are often pursued alongside civil proceedings.
Evidence Preservation
Upon discovering infringement, immediately preserve: - Screenshots (showing URL and timestamp) - Archive captures (e.g., web.archive.org) - Notarized proof of date (highest evidentiary value)
Summary
Effective response to copyright infringement combines takedown, civil damages (leveraging Article 114 presumptions), and criminal complaint proportionate to the scale and nature of the violation.