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Manga Industry’s Fight Against Online Piracy

Manga Industry’s Fight Against Online Piracy

What are manga? Manga are Japanese comic books and graphic novels that serve all demographics.[1] Genres range from actions and comedies to dramas and thrillers (and everything in between).[2] Manga are traditionally released chapter-by-chapter on a weekly or monthly basis.[3] These chapters are usually initially published in a manga-focused magazine before a few chapters of a series are compiled and published into a physical volume.[4] In addition to the physical versions, chapters are also released weekly through a variety of digital platforms that enable fans across the world to stay up to date with their favorite series.[5] Ongoing popular series that reach all corners of the world include One Piece, Jujutsu Kaisen, and Chainsaw Man (and my personal favorite, Sakamoto Days).[6]

The global market for manga has grown tremendously in recent years. In 2021, the market was valued at $10.9 billion; in 2022, it increased to nearly $11.7 billion.[7] From 2020 to 2021, the United States alone saw a 160% increase in sales of physical units (for a total of 24.4 million units sold).[8] Mass merchandisers such as Books-A-Million and Barnes and Noble now have dedicated manga sections in their storefronts.[9] Moreover, the digital segment has increased as well—and it is expected to grow at a faster rate than print sales over the next decade.[10] Part of the reason for this recent market expansion is because of the COVID-19 pandemic. This period brought in many new readers due to both the increase in time available for reading and the increase in popularity of anime (animated series often based on established manga).[11] While the effects of the pandemic have since relaxed, the newfound fervor in manga has remained.[12] Accordingly, the manga market has cemented itself as a legitimate economic force.

Although the manga industry has been flourishing, it has also been plagued by illegal online piracy that infringes on the rights of publishers’ copyrights. Online piracy occurs when a copyrighted material is illegally copied or distributed on the Internet.[13] There are hundreds—if not thousands—of manga piracy websites that impermissibly distribute copyrighted materials to consumers.[14] Piracy has led to massive amounts of damages to publishers and streaming platforms. For instance, it was reported that piracy cost the manga industry nearly $7 billion.[15] However, this amount doesn’t even represent the total global figure; rather, it represents only the damages suffered in Japan during just the first ten months of 2021.[16] The damages in the United States, for example, were estimated to be north of $8.7 billion per year.[17] The root of these damages is the immense amount of visitors that popular piracy sites attract. From April 2018 to June 2021, the ten most popular piracy sites were visited about 240 million times per month.[18] Further, the three most popular piracy sites reportedly saw a 14-fold increase in visits over the initial 16 months of the COVID-19 pandemic (i.e., January 2020 to April 2021).[19]

Law enforcement and publishers have found it necessary to act against manga copyright infringers due to the exorbitant damages they have caused. For example, in 2019, individuals running Japan’s biggest manga piracy site, Mangamura, were arrested.[20] The administrator of the site was sentenced to three years in prison, as well as fines totaling over $650,000, much of which was calculated from the revenue the administrator earned from his piracy.[21] Unfortunately for manga publishers, the takedown of Mangamura served only as a momentary decline in piracy. Within a few months of the site becoming inaccessible, total visits to various piracy sites increased to levels never before seen.[22]

Many publishers have recognized the shortfalls and expenses of protecting their copyrights through litigation and have decided to address the root of the piracy problem: consumers’ want for an easily accessible digital platform to read and discover various manga. For instance, one of the preeminent manga publishers—Shueisha—created the app MANGA Plus in early 2019.[23] This platform provides access to both the initial chapters and the newly released chapters of dozens of manga to readers around the globe, completely free of charge.[24] A similar service is offered by Viz Media, which launched a digital platform that is available in ten countries, including the United States, Canada, the United Kingdom, and India.[25] The service has free features, similar to MANGA Plus, but also offers a subscription-based plan where, for $2.99 per month, readers can access the entirety of every series in the service’s catalog.[26] The combination of a low price point and depth of access, together with official translations and high resolution, has been well received by users.[27] The digital platforms are a solution to the online piracy problem because it gives readers the easy access and quality platform that they have been searching for but couldn’t find.

In addition to these digital platforms, various companies and organizations from over a dozen countries are working to form the International Anti-Piracy Organization (“IAPO”) to find solutions to online piracy.[28] Japan’s Content Overseas Distribution Association, a group that includes companies such as Shueisha, Studio Ghibli, Bandai Namco Arts, and Toei Animation, is an integral part of these efforts.[29] The IAPO will also include the Motion Picture Association, a United States-based group that includes companies such as Netflix and Sony Pictures.[30]

It remains to be seen whether online piracy will be curbed by the new strategies from manga publishers and the international recognition of the issue. The manga industry has economically grown to a point where publishers now have a greater incentive to ensure their copyrighted works are not illegally distributed. A smart solution to this problem seems to be the new global online platforms provided by manga publishers that give readers legal, high-quality access to popular series. The publishers, though, need to remain vigilant and adaptable to ensure online piracy is limited effectively.

Footnotes[+]

Max Fishman

Max Fishman is a second-year J.D. candidate at Fordham University School of Law and a staff member of the Intellectual Property, Media & Entertainment Law Journal. He holds a B.S. in Sports Management from New York University.