Copyright Violation | Non-Referral on a Copyright Violation Charge by Handling the Settlement With the Film Company

This is the account of a client who sought assistance while facing the risk of punishment on a charge of copyright violation.

The client stated that a few weeks earlier, the client had received a call from a police investigator asking whether the client used torrents.

Because the client had occasionally downloaded and watched movies via torrent, the client answered yes, and the investigator then asked whether the client had ever downloaded movie A via torrent.

The client answered that the client did not remember well and did not think the client had ever downloaded movie A.

The investigator then said that a forensic examination could be conducted later, and stated that a police investigation was necessary on a charge of copyright violation.

The client thereby learned that the client had been the subject of a complaint on a charge of copyright violation, and came to this firm.

Copyright infringement refers to a crime of violating the Copyright Act and infringing another person's copyright.

Here, 🔗copyright is the exclusive right that a creator holds in the work he or she has created.

In simple terms, it is the right that allows an author who has created a creative expression such as a literary work, art, music, photograph, video, software, or design to control others from reproducing, distributing, performing, exhibiting, or publicly transmitting the work.

The specialized attorney set out to review the Copyright Act in order to prevent the client's punishment.

As a result, the attorney ascertained that, in the case of simple copyright infringement that is not for the purpose of profit or habitual, it constitutes a crime requiring a complaint to prosecute.

The police rendered a decision of non-referral for no right to prosecute in the client's case.

The client was in a situation in which he could have been sentenced even to an actual custodial sentence for committing copyright infringement.

However, after the attorney ascertained the facts and reviewed the legal principles, a settlement with the film company was reached, and so the case was able to be concluded at the police investigation stage.