Tokyo court rules movie and anime 'spoiler articles' are copyright infringement in landmark criminal case — detailed, monetized plot summaries land man in Japanese prison

A Japanese national flag flies outside the Tokyo District Court in Tokyo, Japan, on Tuesday, Sept. 15, 2020.
(Image credit: Getty Images)

In a new landmark ruling, the Tokyo District Court has sentenced 39-year-old Wataru Takeuchi to 1.5 years in prison and imposed a 1 million Yen ($6,300) fine for posting "spoiler articles." The defendant ran a website that shared detailed plot summaries of movies and anime, often describing the entire story from start to finish. Prosecutors argued these articles were infringing on copyright because of their strenuous detail.

The case was filed by CODA, on behalf of Kadowaka Corporation and Toho's complaints. It surrounds two specific articles written between 2018 and 2023. The first article was about an episode of the anime Overlord that aired in 2018, owned by Kadokawa. The second article detailed the movie Godzilla Minus One, which came out in 2023, owned by Toho, the largest studio in Japan, and a name infamous for stringent trademark protection.

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Under Japanese law, “creating a new work by making creative modifications to the original while preserving its essential characteristics" is broadly classified as an adaptation. Of course, adapting anything requires permission from the original IP holder, which these spoiler articles didn't have. The defense argued against this by saying no one can fully grasp the characteristics of a project by reading an article on it.

The prosecutors could always swing back because it's not just about the opportunity cost of lost viewers anymore; it’s the fact that you’ve actively "profited" from that loss. Anyhow, the conclusion for this case sets a new precedent, one that everyone will perceive differently. If your plot summaries have too much detail in Japan, you might be held liable for copyright infringement unless you're compensating the IP holders.

We mentioned CODA at the start, which stands for Content Overseas Distribution Association, and it's the engine behind this push for copyright protection in recent years. CODA is a coalition of 32 Japanese companies that collectively go after piracy. It has previously managed to ban "Fast Movies" — 10-minute-long recaps on YouTube that used edited footage from a project made by any studio part of CODA.

Now, CODA has taken the same logic and applied it to text, and while spoiler articles aren't effectively banned like fast movies (yet), Japan seems to be working toward that paradigm. Beyond combating piracy, CODA is redefining what ‘fair use’ represents as a whole because, unlike America, Japan doesn’t have a broad fair use doctrine. Instead, its law relies on specific justifiable exceptions, such as “quotation,” which allow limited use of copyrighted content under specific conditions and intent.

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Hassam Nasir
Contributing Writer

Hassam Nasir is a die-hard hardware enthusiast with years of experience as a tech editor and writer, focusing on detailed CPU comparisons and general hardware news. When he’s not working, you’ll find him bending tubes for his ever-evolving custom water-loop gaming rig or benchmarking the latest CPUs and GPUs just for fun.

  • S58_is_the_goat
    Now that's lunacy.
    Reply
  • Notton
    Ah, Japan, the laws are always backwards there.
    You can get sued for defamation, even if the statements were 100% true.
    Police won't do anything for you, unless you get enough publicity that it causes a stench.
    etc.
    Reply
  • bigdragon
    Sharing spoilers shouldn't result in copyright infringement! What a ridiculous ruling. Not everyone is hyper-sensitive about spoilers. Personally, I will still go see stuff that's been spoiled if it's good. However, the article does state that this person posted exact quotes from the media in question -- that means no summarizing and transforming of the content. I will concede that copying the writing exactly would be copyright infringement.
    Reply
  • umeng2002_2
    Yeah. Japanese copyright laws are quite draconian. That is clearly why Nintendo is so litigious. Its corporate culture centered around the laws in Japan.
    Reply
  • chaos215bar2
    Next target: Wikipedia plot summaries.
    Reply
  • helper800
    What's really crazy is that Japan's legal system is much more biased in favor of the government's interests. Prosecutors can appeal not guilty verdicts, meaning there is no double jeopardy until their Supreme Court applies a verdict in your case. Prosecutors and defendants in appealed cases can have all the facts of a case re-reviewed by judges. In Japan, a jury of your peers does not decide the facts of a case; a panel of judges does, and they decide both the facts and the relevant law. You can be detained nearly indefinitely in Japan by police detectives with their 23-day pre-indictment. They call this, "Hostage justice" in Japan. You can be held for 23 days without being formally charged, and then extended by 23 days by filing an additional charge for the same exact incident you are being held for, over and over again with no limit. Also, your lawyer does not have a right to be present while you are being questioned in Japan. People are very routinely denied bail if they proclaim innocence on the basis that they are a "high risk for destroying evidence." You are also not being held at an independent detention center, but at the police jail, so you are available to be questioned 24/7 by detectives.
    Reply
  • derekullo
    I liked Overlord so much ... when a friend was explaining it in detail many years ago ... i still went and watched it! .... pirated but that still counts!!!!
    Reply
  • helper800
    derekullo said:
    I liked Overlord so much ... when a friend was explaining it in detail many years ago ... i still went and watched it! .... pirated but that still counts!!!!
    :LOL: :LOL: :LOL:
    Reply
  • lordmogul
    The sentencing is quite harsh, but I understand their point.
    Those aren't just summaries but basically complete retellings.

    And obviously Japan doesn't have a fair use clause. That is pretty much a US exclusive concept. The other 95% oft the population in their 200-ish sovereign nations regulate transformative works through laws regarding quotation, satire, etc.
    Reply