[identity profile] acidae.livejournal.com posting in [community profile] arashi_on
It's not really the sort of news people will want to hear so soon after reading about Jun's surprise visit to kids affected by the earthquake, but since this is pretty relevant to fandom I thought people would benefit from a full translation as well.


Violation of the Japanese Copyright Act: Salaryman arrested for illegal distribution of "Arashi" videos by the Saitama prefecture police

On the 11th of May, police from the Saitama prefecture arrested suspect Miyazaki Masahiro (51), a salaryman from Kusubashi Nishi 2 in the Yahatanishi district of Kitakyushuu city, for the violation of the Japanese Copyright Act (infringement of Public Transmission Rights). He was charged with publicly sharing footage of concerts by the popular idol group Arashi to Youtube, a video sharing site, without obtaining consent from the copyright holder. According to the police, building a criminal case for sharing videos on Youtube is a first ever in the nation.

The suspect was in violation of the Japanese Copyright Act during the period of November 22nd of last year to February 5th by publicly sharing Arashi's concert footage from two different products including the DVD "ARASHI AROUND ASIA+ in DOME" as well as commercial broadcasts of variety shows on Youtube. According to the police, he has testified that he "wanted to earn some spending money" from it. The suspect Miyazaki had been directing viewers onto his own homepage in hopes of generating ad revenue. A copyright organization provided information and alerted the police to the matter. [T/N: In another article, it was further stated that his site had received tens of thousands of hits.]

While there was another Youtube case last June where Kyoto prefectural police charged a suspect in violation of the same Copyright Act, it was in regards to the appearance of manga ahead of release dates and did not involve the sharing of videos.

Source: Mainichi news


NOTE: Here are some clarifications for any confusion in regards to the article:

- Profiting through ad revenue, while also wrong in itself, was not the root cause of his arrest; he was arrested on the basis of violating copyright by uploading without consent from the copyright holders. It may have attracted attention faster than it would have if he hadn't been making money off those videos, but the bottom line is he never obtained permission to begin with.

- Johnny's was not behind this arrest. The police was alerted by a copyright organization (likely one of those watchdogs that monitor the internet for violations) and subsequently pressed charges because he's breaking the law. They would have arrested him even if he wasn't uploading Johnny's videos, such as AKB48 or various anime series, because he would still be doing so without consent. The news article probably only focused on the fact that he uploaded Arashi's videos because it makes for a more attention-grabbing headline. Not only that, I think it's worth noting that they've stated it to be a first ever such case in the country-- which may mean they're trying to use him to set an example, and it just so happens the videos he was uploading were of Arashi.

- Most videos removed from Youtube on copyright claims are due to actions by broadcasting companies (or record labels) and not Johnny's. Unless the material was owned by a subsidiary of Johnny's (such as J-Storm or Johnny's Entertainment), it is the broadcasting company (or record label) that holds the rights to remove their content.
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Date: 2011-05-11 06:19 pm (UTC)
From: [identity profile] darkhriss.livejournal.com
Oh boy...but I guess he deserves it as he wanted to make money out of it.

Date: 2011-05-11 06:20 pm (UTC)
From: [identity profile] natsurin.livejournal.com
OMG.... This kinda news again... >.<
Uploading to Youtube is suicide!!!! >.<

Date: 2011-05-11 06:25 pm (UTC)
From: [identity profile] jellybean6972.livejournal.com
Heh~ He wanted to earn some "spending money". Wow~
Thanks for sharing :)

Date: 2011-05-11 06:30 pm (UTC)
From: [identity profile] ohmiya-sari.livejournal.com
so scared...!!

mmm..can i ask something????

like in LJ,,its not streaming sites right....??? so its mean it safe just to post here???

what makes the different from streaming sites??? sorry i dont understand cyber too much..!!

hope arashi fans still follow the rules to not repost anything in streaming sites..!!!

Date: 2011-05-11 06:36 pm (UTC)
From: [identity profile] darkhriss.livejournal.com
It's still violation of the copyrights, no matter where you post it. But there are a few differences.

- posting in LJ is a little bit more 'hidden', as we can lock our communities
- we are not making money out of it, so it's no THAT bad ( but again, still illegal )
- we are not living in Japan. I never heard of someone from another country being arrested, just having their websites closed.

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Date: 2011-05-11 06:33 pm (UTC)
From: [identity profile] wennytrang.livejournal.com
thank you for sharing this new

Date: 2011-05-11 06:38 pm (UTC)
ext_390811: (nino frowning)
From: [identity profile] mintceres.livejournal.com
okay... let's keep away from yt, right?

I think it's just one step from youtube to other streaming sites like DC and maybe then... fansubbing and... I dont even want to voice it out....

this is just sad news.

Date: 2011-05-11 09:02 pm (UTC)
From: [identity profile] thefortysecond.livejournal.com
Which is why the subbing teams are so strict about not uploading to streaming sites, ESPECIALLY DC and Mysoju. Subbers have known that this kind of thing might happen, and they want to stay as far away from trouble as possible.

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Date: 2011-05-11 06:43 pm (UTC)
From: [identity profile] asaphira-sachi.livejournal.com
May this be also a lesson to even foreign streamers. There is a reason why media shares are locked and low-profiled (aka not to be uploaded to stream sites)...
Edited Date: 2011-05-11 06:50 pm (UTC)

Date: 2011-05-11 06:46 pm (UTC)
From: [identity profile] frozenstar35.livejournal.com
Oh I hope that all the subbers will stay safe
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Date: 2011-05-11 06:54 pm (UTC)
From: [identity profile] josianeveiga.livejournal.com
I agree, Kaeda.
I worry that the programs were even more difficult to achieve. Recalling that many accounts were closed on Youtube ( my inclusive )

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Date: 2011-05-11 06:53 pm (UTC)
From: [identity profile] melodyofmysoul.livejournal.com
[livejournal.com profile] darkhriss mentioned something about all these arrests being isolated in Japan itself. I'm not really knowledgeable on the scope of the Japanese Copyright Act, but I am assuming that it covers violating copyright for media or whatever other material in Japan. So does that mean the guilty party has to have done it on Japanese soil?

How about if a person in the US was found guilty of uploading Japanese media? Would s/he have violated Japanese laws on copyright or US laws on copyright? It's really fuzzy, cybercrime.

Date: 2011-05-11 07:16 pm (UTC)
From: [identity profile] zomboid.livejournal.com
No, since Japan and US signed a treaty, people who violated Japanese copyright can be arrested and prosecuted according to Japanese law. Taiwan is another case where it wouldn't matter since they didn't sign that international treaty.

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Date: 2011-05-11 07:02 pm (UTC)
From: [identity profile] uedatomohisa.livejournal.com
still kinda scary cos there is still the possibility that different country will start to stricten their copyright act.

Date: 2011-05-11 07:02 pm (UTC)
From: [identity profile] weet-whoo.livejournal.com

OMG why do you do this johnny why :'(

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Date: 2011-05-11 07:03 pm (UTC)
From: [identity profile] georgiaannaa.livejournal.com
I wonder how the boys will react when they'll find out about this...

Date: 2011-05-11 07:43 pm (UTC)
From: [identity profile] fog-dancer.livejournal.com
They won't. Why would they? It's really not very important on their end..

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Date: 2011-05-11 07:06 pm (UTC)
From: [identity profile] heyjj24.livejournal.com
Lesson learned is never upload to streaming sites... If the Cyber Police ever finds out about the subbing groups and tracks them down, how do you think this fan-dom will end up? It would be one of the worst kinds of suffering!

Date: 2011-05-11 07:09 pm (UTC)
From: [identity profile] corlee1289.livejournal.com
And that only solidifies why fansubbing shouldn`t be shared!

Date: 2011-05-11 07:19 pm (UTC)
From: [identity profile] scubajr.livejournal.com
That's some scary shit for this fandom :/

Thank you

Date: 2011-05-11 07:27 pm (UTC)
From: [identity profile] tomoehirotomo.livejournal.com
Thank you for sharing, it is informative, but scary as well, specially for people like you and the others who actually share subbed videos to people like me.
Although I am happy that I have a source to get news and clips and stuff about Arashi and other artist it is going to be hard to just ignore news like this.

Take care to all that is generous to share thier videos. Take much care of yourself.

Date: 2011-05-11 08:25 pm (UTC)
From: [identity profile] koichiko.livejournal.com
I wonder how this affects fanvideos ...
I only had one on youtube and I erased it as soon as I read this.
Nevertheless, I wonder how the situation is for people outside Japan (in my example, Europe) who upload fanvideos (i.e. parts of shows etc.) to youtube.

Date: 2011-05-11 09:08 pm (UTC)
From: [identity profile] fog-dancer.livejournal.com
If you do not upload 100s of copyrighted materials they most likely won't bother/ have the videos removed.

Nobody wants an international lawsuit over a couple of fanvideos, it simply isn't worth the time or the money.

Date: 2011-05-11 08:26 pm (UTC)
From: [identity profile] edneichon.livejournal.com
well there is nothing to complaint about this
he deserves it.. thats illegal specialy the concerts..(cause honestly about the tv shows...after all thats how many know the guys..and big industries knows that)....so he was cought, there u have, assume ur actions, doS cops are going to punish u
social medias are stronger than one person..but once in a while things like this happen
thanks x the info

Date: 2011-05-11 10:11 pm (UTC)
From: [identity profile] hybridrainbow00.livejournal.com
I'm gonna be blunt and say that anyone who uploads licensed videos on YouTube for their personal profit is stupid and asking for it. I thought it was extreme that the guy was arrested at first until I read that part. I've uploaded a Do As Infinity concert clip on YouTube (back in 2005 when YouTube was still tiny) because it was a rare clip I thought people would like to see (not subbed), and all that happened was it got removed. Pressing charges for that would be crazy... Overseas fans really have no other way to preview things.

You have a good points in your notes, though. It's good that you added those. :)

Date: 2011-05-11 10:26 pm (UTC)
From: [identity profile] heartsho.livejournal.com
I can't believe this guy did this for personal profit! That is just wrong! But it's scary to see this happen at the same time. It's hard for us non-Japanese people to get a hold of Arashi goodies unless we do fansubs and such :( But this seriously adds to the reason not to let our stuff leak onto streaming sites. I hate when people can't follow the rules!

Date: 2011-05-11 11:35 pm (UTC)
From: [identity profile] yea-arashi.livejournal.com
Yes, please take the rule of not reposting things that you've taken from the fandom into streaming sites very seriously, People. If you repost the stuff into streaming sites, you might endanger people who had been kind enough and generous enough to share them.

Date: 2011-05-12 12:02 am (UTC)
From: [identity profile] yuminami.livejournal.com
It's not just youtube users that are under scrutiny by Japanese law enforcement agencies, unfortunately. This is slightly older news, but within the past year, an 18 year old was arrested for uploading manga to Megaupload and advertising his uploads via Twitter:

http://www.itmedia.co.jp/news/articles/1102/08/news053.html

http://www2.accsjp.or.jp/criminal/2010/1031.php

Sorry, the articles are in Japanese, and I don't have time to translate them thoroughly right now, but the basic gist is that the offender uploaded 3,800 files to Megaupload (260 manga titles), and offered downloads through his personal blog. He made about 300,000 yen (roughly $3,000 USD) in revenue in the process.

So law enforcement isn't just focusing on illegal videos, but copyright infringement through the upload of scans is being targeted as well.

Date: 2011-05-12 12:24 am (UTC)
From: [identity profile] ohsyojdub.livejournal.com
Thanks for sharing, as well as clarifying matters.

I hope the fandom will be careful and stay safe.

Date: 2011-05-12 01:18 am (UTC)
From: [identity profile] boetzch.livejournal.com
i hope there will be no more people takes the rule lightly and upload the works of fansubbers on the streaming site so they will be stay safe because unlike that people mentioned above, they do that to spread arashi through the world
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