Considerations on the Hokkaido Woman Sent to Prosecutors for Copyright Infringement: Distribution of Pirated DVDs and Legal Responses

Recently, the Kameari Police Station sent documents to the Tokyo District Public Prosecutors Office on suspicion of copyright infringement involving a woman in her 50s living in Ishikari City, Hokkaido. She was accused of selling duplicated copies (pirated DVDs, etc.) of CDs and DVDs of a famous idol group without permission. This news shocked many people and is a very important case for us.

The woman allegedly used X (formerly Twitter) to sell pirated DVDs, which she had dubbed from commercial CDs, DVDs, and TV programs, for about 1,000 yen each over the past three years. Furthermore, these pirated DVDs contained many songs managed by JASRAC, which filed a complaint for copyright infringement on May 30 last year.

Under the Copyright Act, it is illegal not only to duplicate without permission but also to distribute (sell or distribute) or possess with the intent to distribute, knowing that the items are pirated. It is also clearly stated that merely announcing sales on internet flea markets, auction sites, or social media constitutes copyright infringement (Article 113, Paragraph 1, Item 2).

Several important points have emerged from this case:

Increase in Copyright Infringement on the Internet

With the spread of the internet, copyright infringement has become easier. Selling on SNS and auction sites makes illegal activities easier to overlook, and their spreading power is immense. This case is a typical example.

Strict Application of the Copyright Act

The Copyright Act exists to protect the rights of creators, and its application is strict. Legal measures should be taken swiftly against unauthorized duplication and distribution, as in this case. As JASRAC’s comments indicate, it is important to take resolute action against malicious copyright infringement in cooperation with related companies and organizations.

Improvement of Legal Literacy Among the General Public

A lack of knowledge about copyright can lead to unintentional involvement in illegal activities. Enlightenment activities and education for the general public are becoming increasingly important.

Through such cases, we can reaffirm the importance of the Copyright Act and the necessity of its strict application. It is essential to focus not only on legal advice for clients but also on enlightenment activities for the general public.

Taking this incident as an opportunity, we will strive even harder to protect copyrights and ensure their proper use.

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