Legal Measures for 'Fast Movies' Posted on YouTube in Case of Copyright Infringement?

There are instances where videos known as “Fast Movies”, which are shortened to about 10 minutes without the permission of the copyright holder, are distributed on YouTube. These Fast Movies, which are essentially a compilation of scenes from the original film and often contain spoilers, are mostly illegal. They are created without the consent of the copyright holder, and if left unchecked, they could potentially cause significant damage to the film industry.

On July 14, 2021 (Gregorian calendar), there were reports of a person being prosecuted for copyright infringement for unauthorized editing and posting of five films on YouTube.

Therefore, for film distribution companies whose copyrights have been infringed upon by Fast Movies, we will explain the issues with Fast Movies under the Japanese Copyright Law and the procedures for litigation.

Copyright Infringement by Fast Movies

How exactly do fast movies infringe on copyrights? In the following, we will explain what fast movies are and the reality of copyright infringement.

What are Fast Movies?

Fast movies refer to videos that are edited down to about 10 minutes without the permission of the copyright holder, such as a film distribution company. Fast movies are mainly distributed on YouTube. It is believed that the popularity of videos and movies that can be enjoyed at home is increasing due to the prolonged self-restraint from going out due to the new coronavirus.

Posters of fast movies take advantage of this demand from viewers and distribute popular movies edited without the permission of the copyright holder on YouTube. It is said that famous fast movie YouTube channels earn millions of yen in advertising revenue per month through the distribution of fast movies.

Fast movies earn advertising revenue by publishing copyrighted works on the Internet without the permission of the copyright holder. This structure is similar to the “Manga Village” case where the operator was arrested.

The damage to the film industry caused by fast movies is said to amount to as much as 95 billion yen per year. This situation has led to groups such as film companies taking legal action.

Fast Movies and Copyright

As a premise, movies are protected by copyright law as copyrighted works. Therefore, the act of editing fast movies without permission and posting them on YouTube constitutes copyright infringement.

However, copyright itself consists of multiple rights. Therefore, we will explain what kind of rights fast movies infringe on.

Adaptation Rights

Imagine copyright as a “bundle of rights” with multiple contents. One of them is the “adaptation right”, which is the right to translate, arrange, transform, dramatize, etc. the copyrighted work. Editing a movie without the permission of the copyright holder can be said to infringe on the copyright holder’s adaptation rights.

For more details on adaptation rights, please refer to the following article.

https://monolith.law/youtuber-vtuber/parody-video-infringement-adaptation-rights[ja]

Public Transmission Rights

Among the copyrights, there is a right called “public transmission right”, which is the right to “transmit” copyrighted works to the public. If fast movies are posted on the Internet such as YouTube without permission, it also constitutes an infringement of the public transmission right.

Do Fast Movies Fall Under “Quotation”?

If it falls under “quotation” under copyright law, it is not illegal to use copyrighted works without the consent of the copyright holder. So, do fast movies fall under “quotation”?

One of the well-known requirements for being legal as a “quotation” is the clear indication of the source. Since fast movies clearly indicate which movie work they have edited, some people may think that they fall under “quotation” because they clearly indicate the source.

However, “quotation” refers to the use of other people’s copyrighted works in your own copyrighted works. In order to be considered a “quotation”, it must be done “within a legitimate range for the purpose of quotation”, and it is believed that the following conditions must be met in addition to the clear indication of the source.

• It is “within a legitimate range” for reporting, criticism, research, etc.
• The “master-servant relationship” between the quoted part and the other parts is clear
• The “quoted part” is clearly indicated by quotation marks, etc.
• There is a “necessity” to quote

In other words, a legitimate “quotation” presupposes that a third party’s copyrighted work is used subordinately in one’s own copyrighted work. The “master-servant relationship” mentioned above refers to this.

On the other hand, fast movies use other people’s copyrighted works as the main content. Therefore, it is generally considered to be copyright infringement, not a legitimate “quotation”.

For more details on “quotation” under copyright law, please refer to the following articles.

https://monolith.law/corporate/quote-text-and-images-without-infringing-copyright[ja]

https://monolith.law/corporate/copyright-law-ng-video[ja]

Legal Actions by Film Companies

What legal actions can film distribution companies, who have actually had their copyrights infringed by Fast Movies, take?

Criminal Measures

If Fast Movies infringes on copyrights, the creators can be subject to criminal penalties. The penalties for copyright infringement are imprisonment for up to 10 years or a fine of up to 10 million yen.

In fact, in the case of “Manga Village,” which had a similar structure to Fast Movies, the site operator was sentenced to 3 years in prison, a fine of 10 million yen, and a surcharge of about 62 million yen. The prison sentence is a severe judgment without probation.

Given the above, it can be said that the distributors of Fast Movies, who are earning high advertising revenues, are also likely to be subject to similar criminal penalties.

Traditionally, copyright infringement was a crime that could not be prosecuted unless the victimized copyright owner themselves filed a criminal complaint, a so-called “complaint crime.” However, as a result of the amendment to the Copyright Law in Heisei 30 (2018), the following copyright infringements can be prosecuted even without a criminal complaint:

• With the purpose of receiving consideration or harming the rights holder’s interests
• Transferring or publicly transmitting the original paid copyrighted work (those that are provided or presented to the public for a fee), or reproducing it for these purposes
• When the rights holder’s interests that are expected to be obtained through the provision or presentation of paid copyrighted works are unfairly harmed

In the case of Fast Movies, it meets the above requirements, and there is a possibility that an investigation or prosecution may be conducted even without a criminal complaint from the copyright owner. However, if you want to definitely seek a criminal complaint, it would be better for the copyright owner, such as a film company, to file a criminal complaint.

Civil Measures

In addition to pursuing criminal responsibility, civil measures can be taken. Civil measures include requests to stop copyright infringement and claims for damages.

Injunction Request

If Fast Movies that infringe on copyrights have already been posted, it is necessary to immediately request the removal of the videos. The first method that comes to mind is to file a copyright infringement claim with YouTube and have the video removed.

However, the distributor of Fast Movies may own multiple YouTube channels. Even if one channel is deleted due to a copyright infringement claim, new Fast Movies may be distributed on another channel.

Therefore, in addition to filing a copyright infringement claim with YouTube, it may be necessary to consider filing a provisional disposition request with the court to stop the infringement.

Claim for Damages

The copyright owner can claim damages against the distributor of Fast Movies. Generally, when claiming damages, the claimant needs to prove the amount of damage they have incurred. However, it can be difficult to calculate the amount of damage in cases of copyright infringement.

Therefore, the Copyright Law provides a provision for estimating the amount of damage.

For example, if the license fee for legally distributing a movie is determined to be a certain percentage of sales, the amount of damage due to copyright infringement by Fast Movies can be claimed as damages equivalent to the license fee calculated by that formula.

Also, if the distributor of Fast Movies is earning advertising revenue from YouTube, etc., the profit earned by the distributor can be claimed as the amount of damage.

Summary

Fast movies have recently gained rapid popularity, but most of them are illegal acts that infringe on copyrights.

When the distribution destination is YouTube, it takes time to investigate the distributor’s address, real name, etc. Therefore, if a copyright holder such as a movie distribution company suffers damage from fast movies, it is necessary to consider legal measures promptly.

Since copyright law is a highly specialized field, it is important to consult with a lawyer who has a wealth of experience in handling copyrights.

Introduction to Our Firm’s Measures

Monolith Law Office is a legal office with high expertise in both IT, particularly the internet, and law. In recent years, intellectual property rights surrounding copyrights have been attracting attention, and the need for legal checks is increasingly growing. Our firm provides solutions related to intellectual property. Details are described in the article below.