Japan: Implemented Copyright Act amendment regarding illegal download of copyright-protected content

On 1 January 2021, the "Act to Revise Part of the Copyright Act and the Special Provisions on the Registration of Works of Computer Programming" is implemented in regard to the illegal download of copyright-protected content. The Act defines "index sites" and "index apps" as the websites and apps that guide the public to content that infringes the copyright of works (also known as "leech websites"). The Act establishes that providing a link to infringing content by using an index site or app is considered a violation of copyright which can be punished. Exempt from these restrictions are minor offences, as well as parodies and derivative works. The operation of a leech website is punished with up to 5 years in jail or a monetary penalty of up to JPY 5 million. The repeated illegal download of copyright-protected content is punished with up to two years of jail or a monetary fine of up to JPY 2 million. The restrictions on these so-called leech websites come into effect on 1 October 2021. In addition, the amendment expands the scope of the prohibition on downloads of copyrighted works uploaded illegally beyond music and images to all copyrighted works, including manga, books, and computer programs. The amendment follows an increase in copyright violations by piracy and leech websites.