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Tom’s Hardware
Tom’s Hardware
Technology
Hassam Nasir

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. .

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.

The Godzilla article exceeded 3,000 Japanese characters in length, while the Overlord piece transcribed dialogue verbatim to the actual episode. The prosecution said that by reading these descriptions, an individual would no longer feel the need to watch the project, thus stealing a potential sale from the copyright owners. Moreover, the prosecutors argued that these spoiler articles constituted an "adaptation."

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.

Beyond that, the real issue that acted as the smoking gun for the prosecution was the fact that the website ran ads. These spoiler articles, therefore, were not only "stealing" copyrighted work, but also earning money through it. The fascinating bit is that all of these pieces were written by outside contributors — Takeuchi simply operated the site, but he did earn over 38 million Yen in ad revenue in 2023 alone.

Readers familiar with the piracy scene will know that monetization mixed with illegal distribution rarely works out. Companies overlook minor infringements all the time, but they rarely ignore platforms profiting from their IP. In this case, even if the court agreed with the defense over these spoiler articles not being adaptations (thus not requiring permission to adapt, no infringement), it likely wouldn't have been enough.

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.

In its press release, CODA's wording implies it still considers actual piracy sites that host content illegally to be a worse offender, but the association is not light on others at all. It says spoiler articles are "serious crimes that go beyond the scope of citations" and that earning ad revenue from them is "extremely malicious and absolutely unacceptable." The press release ends with a warning that CODA will be closely watching such activity in the future.

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