We live in a world where most people don’t think twice about posting detailed spoiler articles or video breakdowns of the latest blockbuster movies or TV shows. However, this month, the Tokyo District Court handed down an 18 month suspended prison sentence, plus a one million yen (approx. $6,300) fine to a website administrator for posting in-depth movie and anime spoiler articles online.
As spotted by Dexerto, a 39-year-old man was charged with violating Japan’s Copyright Act for posting detailed articles summarizing the plots of Episode 1 of the 2018 anime Overlord III and the 2023 movie Godzilla Minus One. These articles, written by contractors, were posted shortly after the anime’s and movie’s initial release dates.
The main dispute in the case was whether or not these articles constituted adaptations, as pointed out in Asahi Shimbun’s coverage of the case. Under Japanese copyright law, only the rightsholder (or those granted prior permission by the rightsholder) are allowed to make an adaptation of an existing work.
The prosecution pointed out that the Godzilla Minus One article contained over 3,000 Japanese characters (the equivalent of around 1,300 to 1,400 words), and covered the 2023 movie’s entire plot from beginning to end. The Overlord III Episode 1 article included a number of still images, plus sections of dialogue in the text. They argued that the articles were detailed enough to constitute adaptations, and therefore infringed on copyright.
The defense pleaded not guilty, arguing that simply summarizing the characters and plot in a text does not convey the “essential characteristics” of the original work, and thus cannot be considered an adaptation. They asserted that the emotions and element of surprise that movies and anime invoke can only be experienced through their combination of visuals, music, and acting. The defense also pointed out that visuals and music are particularly important for an individual to get the full experience of kaiju movies like the Godzilla series.
However, as detailed in Yomiuri Shimbun’s report, the final verdict claimed that the articles contained sufficient information that the reader could grasp the “essential characteristics” of the works, even without actually watching them. With the articles posted close to the Overlord III anime’s and Godzilla movie’s respective release dates, the judgement claimed that “they deprived the copyright holders of the chance to receive fair remuneration.”
Furthermore, the website administrator received revenue from advertisements on their site, netting over 38 million yen (approx. $238,600) from ads in 2023 alone (the year of Godzilla Minus One’s release). This prompted the judge to conclude that the articles were posted with a “self-serving” intent to profit off them, and arguing that the defendant was “deeply accountable.”
A lawyer for Toho (Godzilla’s rightsholder) commented to reporters that “the article was a malicious attempt to freeload off the efforts of the (movie’s) creators, and it was only natural that the court ruled that such behavior is impermissable.”
Both Toho and Kadokawa (Overlord’s rightsholder) are members of Japan’s CODA (Content Overseas Distribution Association), which takes countermeasures against piracy. In recent years, there have been several cases in which CODA and its members have successfully taken action against serial uploaders of so-called “fast movies,” sped-up videos of anime and movies with narration that summarizes the entire plot. With this latest case, it seems like posters of written summaries of Japanese movies and anime may also find themselves subject to similar legal scrutiny, especially if they are found to have profited from the content and its timing.
Last year, CODA called on OpenAI to cease unauthorized training of its soon-to-be-discontinued Sora 2 generative AI model on the IPs of its members, which also include video game companies like Square Enix and Bandai Namco.
Image credit: TOHO CO., LTD.
Verity Townsend is a Japan-based freelance writer who previously served as editor, contributor and translator for the game news site Automaton West. She has also written about Japanese culture and movies for various publications.
