Sophisticated Manga Spoiler Websites: Explaining Copyright Infringement Cases

The digital realm is awash with information, yet among this abundance, a significant number of contents infringe upon copyright laws. Manga spoiler websites are a prime example, continually adapting and employing cunning methods to evade regulations and persist.

Here, we will delve into how such manga spoiler websites infringe upon copyright, elucidating the issue through specific examples.

The “Manga Village” Incident

In 2018, “Manga Village,” a pirate site that allowed users to read manga illegally, became major news. At its peak, Manga Village attracted massive traffic, exceeding 100 million accesses per month. Of course, the existence of such pirate sites constitutes a clear violation of copyright laws.

The incident sparked ongoing discussions about further revisions to the copyright system. The 2020 amendment to the Japanese Copyright Law (著作権法) was primarily focused on measures against the rampant online piracy of manga.

Even after the Manga Village incident, in 2019, a site called “Haruka Yume no Ato” (はるか夢の址), which was a linking site for pirate manga (not hosting uploads but aggregating links), received a guilty verdict for violating the Japanese Copyright Law.

Key Points of the Copyright Law Amendment in Reiwa 2 (2020)

In response to these circumstances, the Copyright Law amendment in Reiwa 2 (2020) established two main pillars: “measures against linking sites” and “strengthening regulations on illegal downloading.”

As a result of this amendment, pirate manga sites that upload copyrighted works without permission and generate substantial advertising revenue are now subject to strict crackdowns. However, sites that use different methods to upload manga and earn advertising revenue still exist in large numbers.

These are the manga spoiler sites that post content on the internet on the release date of the manga volumes or magazines. This article will explain the current situation of manga spoiler sites and the results of recent court decisions on disclosure requests for sender information.

Reference: Agency for Cultural Affairs | Portal Site for Measures Against Copyright Infringement on the Internet[ja]

Three Types of Manga Spoiler Websites

Manga spoiler websites can be broadly categorized into three types.

The first type is what we call “Complete Posting,” which is similar to pirate sites. These websites post all the images of the latest chapters of serialized manga on the internet immediately after, or even on, the release date. Since they post without permission from the rights holders, this constitutes a copyright infringement.

Another type is the “Text Spoiler,” which details the latest story developments along with the dialogue. Perhaps due to the awareness that posting manga images infringes copyright, many existing spoiler websites opt for this text-based approach. However, the story developments and personality dialogues expressed in the manga are also part of the manga’s creative expression and are therefore covered by copyright. In this case, there is no room to argue that one is merely expressing personal opinions and using quotes for that purpose, and it seems that some parties may believe this to be acceptable.

Yet another type is “Partial Posting.” These sites post an image of a single page or panel from the latest chapter along with the dialogue and their personal commentary. They may believe that posting just one page or panel does not constitute copyright infringement, or they may argue that they are using the manga images as a reference to accompany their own written content.

However, to be recognized as a lawful quotation under copyright law, strict conditions must be met, and the likelihood of manga spoiler website postings being considered as quotations is low. We provide a detailed explanation of “quotation” in the following articles.

Related article: Examples of Copyright Law Where Quotation is Not Allowed (Text and Image Edition)[ja]

Related article: When is Video Quotation Permitted? Explaining the Requirements Under Copyright Law and Case Law[ja]

Arrest Cases Involving “Full Publication” Manga Spoiler Websites

Regarding “full publication” type manga spoiler websites, a 31-year-old man and a 33-year-old woman from Akita Prefecture were arrested on July 29, 2017, for copyright infringement (violation of the right of public transmission and publishing rights). They were distributing content without permission through sites like “Jump Review Spoiler Summary Report.” The joint investigation headquarters of the Akita and Kumamoto Prefectural Police conducted the arrests.

Additionally, on September 6, 2017, a 30-year-old man from Akita Prefecture and a 23-year-old woman from Tottori Prefecture were arrested for the same copyright infringement charges (violation of the right of public transmission and publishing rights). They were distributing the latest content of the popular manga “One Piece” without permission through “One Piece Summary Report.” The arrests were made by the joint investigation headquarters of the Kumamoto and Tottori Prefectural Police.

For example, the man from Akita Prefecture who was distributing the latest “One Piece” content without permission was sentenced to 1 year and 6 months in prison, suspended for 3 years, and fined 500,000 yen. The court ruled that his actions were self-centered and caused significant damage to the copyright holders (Akita District Court, December 8, 2017, verdict).

Such “full publication” type manga spoiler websites are now rarely seen due to the high likelihood of being cracked down on.

Related article: Explaining the Going Rate for Copyright Infringement Damages and Two Case Studies[ja]

Court Cases Involving “Text-Based Spoilers” on Manga Spoiler Websites

Replacing the “full publication” type, the “text-based spoiler” type of manga spoiler websites has rapidly increased in recent years.

In the case of the “text-based spoiler” type, the website “Manga Ru~ Free Manga Review and Spoiler Site” became a subject of legal dispute. This site had posted articles that extracted almost all the dialogue from the manga “Kengan Omega,” serialized in Shogakukan’s manga app, and transcribed the scenes depicted in the drawings and the names of the personalitys, creating content that was substantially identical to the manga itself. Furthermore, the author claimed copyright infringement for the reproduction of the manga’s panel sections and requested the disclosure of the sender’s information.

In response, the Tokyo District Court stated:

The plaintiff is the copyright holder of the manga in question (an undisputed fact) and owns the copyright to the panel sections of the manga (the drawings and dialogue). The article in question contains these panel sections, and the uploading of the article infringes upon the plaintiff’s reproduction rights and public transmission rights. No grounds for preventing copyright infringement are recognized. Therefore, it is clear that the plaintiff’s reproduction rights and public transmission rights have been infringed, and the cause of action can be acknowledged.

March 26, 2021 (Reiwa 3), Tokyo District Court Judgment

The court recognized the infringement of “reproduction rights” (the right of the author to prevent unauthorized copying of their work) and “public transmission rights” (the right of the author to prevent unauthorized broadcasting of their work to the public). The plaintiff intended to claim damages for copyright infringement and required the disclosure of the sender’s information for this purpose. Consequently, the court ordered the intermediary provider to disclose the sender’s information.

From January 2019 to May 2020, a total of 63 episodes’ dialogues and parts of the drawings were posted on this spoiler site without permission. Following the judgment, Shogakukan’s editorial department commented, “Sites that post detailed content of manga are emerging one after another, posing a serious problem. To protect the rights of authors who have gone through great efforts to create their works, we will continue to take firm action against all infringements.”

Manga Spoiler Sites of the “Partial Publication” Type

The “partial publication” type of manga spoiler sites typically post images of a single page or panel from the latest chapter, along with the dialogue and the poster’s personal thoughts. On September 10, 2020, the creators of “Kinnikuman,” Yudetamago (Takashi Shimada & Yoshinori Nakai), issued a request regarding the use of “Kinnikuman” images on the internet, including social media and blogs.

While not specifying any particular instances, they commented, “On August 31, when chapter 319 was released on ‘Weekly Playboy News,’ we saw many posts on the internet that revealed more about the content than necessary for expressing opinions, which made us very sad. It was also extremely disappointing to see a single page of our manga, which is like our flesh and blood, shared on social media without our intent being conveyed, making it seem as if the entire 20-page manuscript had been read. It would be much more interesting if they read all 20 pages.”

In this request, Yudetamago (Takashi Shimada & Yoshinori Nakai) did not address copyright infringement but rather the lack of consideration for spoiling the enjoyment of the manga for readers who have not yet read it. A more assertive comment came from the editor of the popular series “Attack on Titan,” Mr. Back. On March 30, 2021, Mr. Back announced on his Twitter that he was proceeding with legal action against several individuals and accounts that had illegally uploaded “Attack on Titan” or leaked information before its release. He also stated that he would take action against illegal posts of images and text, regardless of the country, and included a comment in English.

There is intriguing news regarding these manga spoiler sites of the “partial publication” type.

On June 23, 2021, the Miyagi Prefectural Police arrested three men from Sapporo City on suspicion of copyright infringement for editing and distributing “fast movies” on YouTube, which condensed the content of films into about 10 minutes and unfairly earned advertising revenue. This was the first arrest in the country related to the posting of “fast movies.”

“Fast movies,” a style of video that began to increase on YouTube around the spring of 2020, have become popular because they allow viewers to understand the content of a movie in a short time and for free. Some videos have been viewed nearly 7 million times, and there are YouTube channels whose total view count exceeds 80 million. According to the Content Overseas Distribution Association (CODA), the cumulative damage so far is estimated to exceed 95 billion yen (as of June 2022), and the issue has been increasingly recognized as a problem in the industry.

“Fast movies,” which edit the content of a movie into about 10 minutes and add narration, have the same structure as the “partial publication” type of manga spoiler sites. Just as edited movies are called “fast movies,” edited manga can be referred to as manga spoiler sites of the “partial publication” type. It is highly likely that these manga spoiler sites will also become problematic, similar to “fast movies.”

Related article: Legal Responsibility of Fast Movies: A Lawyer Explains Criminal and Civil Liability with a 500 Million Yen Damages Verdict[ja]

Summary: Consult a Specialist for Copyright Infringement Issues

Copyright infringement is a serious crime that can cause significant economic losses to copyright holders and related parties. Despite arrests related to manga spoiler websites, which continue to exist in various forms, instances of copyright infringement on the internet show no signs of abating.

Legal actions for intellectual property rights violations, including copyright, can be pursued through both civil and criminal proceedings. As responses vary depending on the individual case, it is advisable to consult with a specialist for detailed guidance.

Guidance on Measures by Our Firm

Monolith Law Office is a law firm with high expertise in both IT, particularly the internet, and legal matters. In recent years, intellectual property rights, especially copyright, have garnered significant attention. Our firm provides solutions related to intellectual property. Details are provided in the article below.

Areas of practice at Monolith Law Office: IT & Intellectual Property Legal Services for Various Companies[ja]