Suspended prison sentences were given to YouTubers who uploaded movie edits.

In the summer we reported on an unusual situation in Japan where copyright holders felt that the rise of so-called ‘fast movies’ represented a threat to their business.

‘Fast movies’ are essentially heavily edited copies of feature-length films that tell the entire story in just a few minutes. However, unlike most official trailers they also tend to come with commentary, in addition to an abundance of spoilers. Available on dedicated YouTube channels they became a roaring success but in Japan, this is a risky business.

With no broad ‘fair use’ style exceptions to lean on in a crisis, channels generating millions of views were seen as a major threat to the movie business. In response, rights holders vowed to do something about them and soon after, three suspects were arrested under suspicion of uploading ‘fast movies’ to YouTube.

“Fast movies are clear copyright infringement and serious crime that goes beyond the scope of legally permitted citation, however minor each act may seem,” anti-piracy group CODA told TorrentFreak at the time.

"Fast movies are clear copyright infringement and serious crime that goes beyond the scope of legally permitted citation, regardless of how minor each act may appear," CODA, an anti-piracy organization, told TorrentFreak at the time.

"Fast movies with spoilers would discourage viewers from watching the original films, having a serious negative impact on the right holders."

Suspects are put on trial for the first time at the first hearing.

The suspects, who have yet to be identified, went on trial in Japan earlier this month. The investigation conducted by the police and the prosecutor's office revealed that the defendants had systematically uploaded local films in 'fast movie' format to YouTube for monetary gain.

"The three defendants were accused of violating the Copyright Act by cutting 'I Am a Hero' and two other works copyrighted by Toho Co., Ltd., as well as 'Cold Fish' and another work copyrighted by Nikkatsu Co., Ltd., down to 10 minutes without permission, adding narration, and then uploading to YouTube from June to July 2020," CODA informs TorrentFreak.

All three pleaded guilty to the charges in the indictment, which carried potentially severe penalties such as immediate prison sentences and fines. The prosecution asked for the following:

– Defendant A: two years in prison plus a fine of two million yen (US$17,472).

– Defendant B: 18 months in prison plus a fine of one million yen (US$8,736)

– Defendant C: 18 months in prison plus a 500,000 yen (US$4,368) fine

The defendants' lawyers argued that suspended sentences, rather than the immediate custodial sentences sought by the prosecution, would be appropriate in this case, citing their clients' "remorseful attitude."

Sentencing at the Second Hearing

The defendants' judgment was handed down during the second hearing, which took place this week at the Sendai District Court in Miyagi Prefecture. According to CODA, the case was relatively simple due to the earlier guilty pleas and the presence of "lots of hard evidence."

The attorneys' request for leniency was considered, and the sentences were as follows:

– Defendant A: 2 years in prison (suspended for 4 years) plus a fine of 2,000,000 yen

– Defendant B: 18 months in prison (suspended for three years) + a fine of one million yen

– Defendant C: 18 months in prison (suspended for three years) plus a fine of 500,000 yen

CODA Applauds the Decision

CODA says in a statement that it believes the judgment is fair and that it will serve as a deterrent message to others considering uploading 'fast movies' to platforms like YouTube.

"It is never permissible to use works created by many creative talents who devoted their time, labor, and resources into their works without permission and earn enormous amounts of advertising revenue," the anti-piracy organization states.

"CODA will continue to eliminate illegal use of Japanese content, including but not limited to 'fast movies,' while also protecting copyright."

The fines imposed on the defendants are payable to the state, so if the rightsholders want to recover damages for themselves, they must file a civil case.