New Calculation Method of Damages Introduced to Increase Compensation in Piracy Cases

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New Calculation Method of Damages Introduced to Increase Compensation in Piracy Cases – Amendments to Japan’s Copyright Act in 2024

The Act Partially Amending the Copyright Act (hereinafter, the “Amended Copyright Act” and the Copyright Act before the revision the “Current Copyright Act”) was enacted in May 2023 and is expected to come into effect January 1st, 2024.

This amendment has three points of focus: (1) creation of a new adjudication system to facilitate the use of copyrighted works; (2) measures to allow the public transmission of copyrighted works within the legislative and administrative branches; and (3) introduction of a new method to calculate damages to increase the compensation for losses suffered from piracy; this newsletter will focus on (3), which was implemented through amendment to Article 114 of the Current Copyright Act.

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