Copyright-Infringing Goods — Import Customs Identification Procedures and Practical Response
Interlink編集部What Are Copyright Infringing Goods?
Copyright infringing goods are products that replicate or use copyrighted works, such as characters, illustrations, photos, texts, videos, music, games, or software, without the authorization of the rights holder.
They are commonly referred to as pirated goods, unauthorized copies, unauthorized reproductions, or copy goods.
In import operations, items subject to intellectual property infringement issues at customs may include not only counterfeit brand products with brand logos but also goods that use characters or images without permission, pirated DVDs, unauthorized copied software, and printed illustration products without authorization.
For copyright infringing goods, the issue lies less in the quality or price of the product itself and more in the authorization to use the expressions, images, designs, music, videos, text, characters, and other content applied to the product.
Scope Covered in This Article
This article organizes the meaning of copyright infringing goods, the differences from Trademark Infringing Goods and Design Right Infringing Goods, the relationship with Importing Character Goods, copyrightability, derivative works, modifications, protection periods, customs clearance checks, certification procedures, import suspension, and practical points for freight forwarders.
This article is a detailed discussion focusing mainly on copyright law issues under the Intellectual Property and Counterfeit Goods category. It includes character goods, but the import procedures for character goods themselves are handled in a separate article.
| Item | Contents Covered in This Article | Contents Covered in Other Articles in More Detail |
|---|---|---|
| Basics of Copyright Infringing Goods | Organizes cargo using copyrighted works such as characters, images, texts, videos, music, and software without authorization. | The institutional position of all intellectual property infringing goods is handled in “What Are Intellectual Property Infringing Goods?”. |
| Differences from Trademark Infringing Goods | Organizes cargo where unauthorized use of copyrighted works, not brand names or logos, is the issue. | Cargo for which brand names, logos, marks, or product names are the problem is covered in “Trademark Infringing Goods”. |
| Differences from Design Right Infringing Goods | Organizes cases where the issue is images, designs, texts, or videos displayed or recorded on the product, rather than the product’s appearance. | Cargo for which the shape, appearance, design, or patterns of the product are the issue is covered in “Design Right Infringing Goods”. |
| Relationship with Importing Character Goods | Handles situations where character images, illustrations, manga, anime, movies, or game expressions cause copyright issues. | Customs handling, license documents, and small-lot cargo scenarios for character goods are covered in “Importing Character Goods”. |
| Copyright Law Issues | Organizes copyrightability, usage authorization, derivative works, modifications, protection periods, and neighboring rights. | Rights assessments and legal opinions for individual works require confirmation from rights holders or experts. |
| Customs Hold and Certification Procedures | Organizes cases where customs confirmation, customs hold, or certification procedures proceed under suspicion of copyright infringement. | Customs hold, rights holder confirmation, and transition to certification procedures are covered in “Rights Holder Confirmation and Customs Hold”. |
| Practical Points for Freight Forwarders | Organizes documents that freight forwarders should prompt shippers to check, matters they should not judge, and management of costs and deadlines. | The importer’s opinion letters, legal claims, and negotiation with rights holders are handled by the importer or specialists. |
Cargo Commonly Problematic in Import Operations
The following types of cargo are more likely to be recognized as copyright infringing goods:
- Character goods
- Anime-related products
- Movie and game-related products
- Posters
- Stickers
- T-shirts
- Miscellaneous goods
- Toys
- DVDs and Blu-rays
- Books
- Printed materials
- Novelty products
- Software
- Music and video-related products
Even if the product itself is not expensive, unauthorized use of images, characters, titles, pictures, texts, music, or video may trigger customs clearance checks.
In addition to the main product, images or characters used on packaging, tags, instruction manuals, labels, backing cards, sales pages, or promotional materials may also be subject to customs scrutiny.
Differences from Trademark Infringing Goods
Trademark Infringing Goods concern issues with trademarks such as brand names, logos, marks, or product names that indicate the source of goods or services.
Conversely, Copyright Infringing Goods concern unauthorized use of copyrighted works such as characters, images, texts, videos, music, illustrations, game screens, or software.
Therefore, even without a famous brand logo, products using anime characters, movie images, manga illustrations, game characters, photos, music, or texts without authorization may raise suspicion of copyright infringement.
In practice, products may infringe both trademark and copyright simultaneously. For example, a product displaying both a title logo and character images requires checking for potential trademark and copyright issues.
Differences from Design Right Infringing Goods
Design Right Infringing Goods focus on whether the shape, appearance, design, or patterns of a product are identical or similar to a registered design.
On the other hand, Copyright Infringing Goods concern copyrighted works such as designs, images, texts, music, videos, or software printed, displayed, or included in the product.
For example, even if a miscellaneous goods product lacks a logo, unauthorized printing of famous illustrations or manga artwork may cause it to be treated as Copyright Infringing Goods.
When both the product’s external design and printed illustrations may be problematic, it is necessary to separately confirm issues related to design rights and copyright.
Comparison with Trademark Infringing Goods and Design Right Infringing Goods
| Category | Main Issues Involved | Typical Examples in Import Practice | Documents to Check | Practical Points to Note |
|---|---|---|---|---|
| Trademark Infringing Goods | Brand names, logos, marks, product names | Fake brand bags, logo-imprinted counterfeit products, unauthorized trademark use items | Proof of legitimate sale, purchase receipts, trademark usage licenses, supplier information | Because origin markings become an issue, explanations on authenticity and legitimate sourcing are important. |
| Design Right Infringing Goods | Product shape, appearance, design, patterns | Products resembling famous furniture, replacement parts resembling genuine items, distinctive containers | Product photos, drawings, specifications, comparison materials with registered designs | Even without logos, the appearance itself can be problematic. |
| Copyright Infringing Goods | Characters, images, texts, videos, music, software | Pirated products, unauthorized character goods, unauthorized copied software, unauthorized printed illustrations | License agreements, usage permissions, proof of legitimate sales, rights holder documentation, product images | Not only the product itself, but also packaging, backing cards, and sales page images are subject to checks. |
Main Issues Confirmed with Copyright Infringing Goods
For copyright infringing goods, the issue is not just “similarity” or a “character-like impression,” but confirming which copyrighted work is used and how.
| Issue | Details | Documents to Confirm in Practice | Common Causes for Stoppage |
|---|---|---|---|
| Copyrightability | Whether the item includes protected expressions such as images, texts, music, videos, software, and similar works. | Product photos, sales pages, original work information, catalogs, image materials | Designs thought to be mere decoration may actually qualify as copyrighted works. |
| Permission to Use | Whether consent has been obtained from the rights holder for reproduction, commercialization, sale, import, and similar use. | License contracts, usage permission letters, proof of legitimate sales, rights holder certifications | Permission is sometimes assumed based only on overseas sellers’ explanations. |
| Derivative / Modified Works | Whether existing characters or images have been modified or rearranged for use. | Comparison materials with the original work, product images, design documents, production background | There is often a misunderstanding that slight modifications make use acceptable. |
| Character Usage | Whether character images, names, titles, settings, or artwork are used without authorization. | Product photos, packaging, sales pages, license documentation | License documents are sometimes not prepared despite dealing with character goods. |
| Protection Period | Whether the copyright is still within the protection period or rights clearance is required. | Work titles, author information, publishing or release dates, rights holder information | There is often a misunderstanding that older works can be freely used. |
| Neighboring Rights | Whether rights related to sound recordings, videos, performances, broadcasts, and similar content are involved. | Rights documentation for sound or video, sales permissions, legitimate distribution documentation | Rights clearance is sometimes not confirmed even though videos or sound recordings are included in the product. |
Relationship with Importing Character Goods
Importing Character Goods involves complex issues concerning copyright, trademark rights, merchandising rights, license agreements, and usage permissions.
This article “Copyright Infringing Goods” focuses specifically on unauthorized use of copyrighted materials such as character images, illustrations, manga artwork, movie images, and game images.
Separately, “Importing Character Goods” organizes the practical customs clearance procedures, license documentation, freight forwarder responses, and scenarios for small parcel shipments for sales when actually importing character goods.
Therefore, for confirming legal copyright points, refer to this article; for practical handling of character goods import, see “Importing Character Goods”.
Difference from Private Copying
Under copyright law, reproducing for private use within certain limits can be an exception.
However, in import practice, the issue involves products sold or sent by overseas businesses or products imported for sale.
Explanations such as “intended for personal use” or “only a small quantity so no problem” alone do not automatically allow import of unauthorized copied or pirated goods from overseas sellers.
Especially regarding character goods, pirated goods, and unauthorized copies purchased from overseas e-commerce sites, marketplaces, or individual sellers, importers may not have sufficiently checked rights relationships.
Points Checked by Customs Clearance
When cargo suspected of copyright infringement is involved, customs checks whether the goods are genuine licensed products, have rights holder approval, or are legitimate distribution items.
Even if the shipper explains that the goods were “ordinarily sold overseas” or that the seller claimed they are genuine, this does not necessarily suffice.
In practice, it is important to confirm license contracts, usage permission letters, proof of legitimate sales, supplier documents, product images, sales pages, order histories, catalogs, and rights holder information.
Also, not only the product itself but packaging, manuals, labels, printed materials, promotional items, and images or characters used on sales pages are confirmed.
Import Suspension and Certification Procedures
If customs determines there is a possibility that the goods are Copyright Infringing Goods, a certification procedure may be initiated.
This certification procedure is a process in which customs examines whether the suspected infringing goods found meet the criteria of intellectual property infringing goods.
When the certification procedure starts, the importer is notified and must submit opinions or evidence within a designated period.
The importer is required to explain that the products are genuine licensed goods, that permission has been obtained from the rights holder, that copyrighted materials are not used, or that the products do not constitute copyright infringement.
If it is certified that the products do not fall under infringing goods, import clearance will proceed. On the other hand, if they are certified as infringing goods, issues such as disposal, voluntary abandonment, obtaining consent for import from the rights holder, or corrective actions may arise.
Regarding customs hold, rights holder confirmation, and transition to the certification procedure, please refer to the separate article "Rights Holder Confirmation and Customs Hold".
Practical Workflow
| Stage | Main Points to Confirm | Common Causes of Delays | Practical Actions |
|---|---|---|---|
| Before Purchasing | Check rights for characters, images, text, music, video, software | Assuming goods are genuine solely on the overseas seller’s explanation | Confirm rights holders, licenses, sales regions, and scope of product licensing. |
| Before Import Arrangement | Product photos, sales pages, license display, supplier information | Invoice product names are vague, making it unclear if copyrighted material is used | Pre-check product images, packaging, backing cards, and sales pages. |
| At Customs Declaration | Usage permissions, proof of genuine sales, license contracts, product images | The cargo owner does not have usage permissions or license documentation | Share product images and available documents with the customs broker. |
| During Customs Inquiry | Product photos, sales pages, rights holder materials, permission documents | Contact with supplier is difficult, delaying document collection | Organize response deadlines, required documents, storage locations, and expected costs. |
| At Start of Certification Procedure | Importer judges whether to submit statements or evidence within deadlines | Importer does not fully understand copyright infringement issues and deadline approaches | If needed, encourage expert consultation and decide response policy on the importer side. |
| If Certified as Infringing | Disposal, voluntary abandonment, rights holder consent, corrective action, return possibility | Storage fees, disposal costs, impact on sales plans, cost burden with cargo owner become issues | Organize disposal methods, cost responsibility, sales plan adjustments, and explanations to business partners. |
Required Documentation
If there is suspicion of copyright infringement and verification is conducted, the following documents may be required:
- License agreements
- Usage permission letters
- Proof of genuine sales
- Certificates from rights holders or authorized agents
- Product photographs
- Product catalogs
- Sales pages
- Order history
- Supplier information
- Documents confirming work title, author, and rights holder
- Images of packaging, tags, manuals, backing cards, promotional materials
- Documents showing legitimate distribution of video, audio, or software
These materials are used not merely to prove that the products were sold overseas, but to demonstrate that the rights holder has granted permission for the use of copyrighted works or that the products do not constitute copyright infringement.
Sales pages and order history alone may be insufficient. Confirmation of rights holders, authorized sellers, license displays, sales area, and scope of product licensing is required.
Common Misunderstandings
| Common Misunderstanding | Actual Perspective | Practical Precautions |
|---|---|---|
| If there is no brand logo, the product is not copyright infringing | Even without a logo, unauthorized use of characters, images, text, music, or videos can cause issues. | Check not only trademark displays but also copyrighted works used on the products. |
| The item can be imported simply because it was normally sold overseas | Being sold overseas and being allowed to import into Japan are separate matters. | Confirm rights holder permission, legitimate distribution, sales regions, and scope of product licensing. |
| Changing patterns slightly is not a problem | The product could be seen as a derivative work or altered use leveraging features of existing works. | Compare original works, review production background, and confirm rights holder permissions. |
| Products for personal use can always be imported | Pirated goods or unauthorized copies sold and sent by overseas businesses are not necessarily safe just by claiming personal use. | Rights issues should be checked even for overseas e-commerce purchases and small-volume cargo. |
| Stating "genuine" on the sales page is sufficient | Sales pages alone can be insufficient as proof of usage permission or legitimate distribution. | Check license agreements, usage permissions, and proof of genuine sales. |
| Hiding images resolves import issues | If copyrighted works are used on the product itself, simple display corrections may not solve the problem. | Confirm if modification is feasible, the nature of the product, and how rights holders respond. |
| Forwarders will explain that the products are not copyright infringing | Forwarders are not the decision-makers on copyright infringement; they coordinate document collection and customs communication. | Clarify the shipper’s submitted documents, verification status, deadlines, and cost risks without making definitive judgments. |
Freight Forwarder Practical Response
Freight forwarders are not in a position to determine the presence or absence of copyright infringement.
However, for products using characters, anime, manga, movies, games, music, photos, illustrations, text, or software, they need to encourage the shipper to verify the rights.
Particular attention is necessary for event sales products, e-commerce products, promotional goods, small shipments with large quantities, and goods procured from overseas e-commerce sites, as rights verification tends to be postponed for these.
If verification is requested at customs, the forwarder collects documents from the shipper and promptly coordinates with the customs broker.
However, freight forwarders should avoid categorically stating on behalf of importers that "there is no copyright infringement" or "this is an authorized licensed product."
The role of the freight forwarder is to verify facts, collect documentation, coordinate with customs brokers, manage deadlines, and explain risks such as storage fees and disposal costs.
Scope of Freight Forwarder Involvement
| Stakeholder | Main Role | What They Can Do | What They Should Not Do | Practical Notes |
|---|---|---|---|---|
| Importer | Primary party responsible for cargo procurement, rights verification, import declaration, and document submission | Explain licenses, usage permissions, authorized distribution, and non-infringement reasons with supporting documents | Make judgments based solely on explanations from overseas sellers | It is important to confirm rights-related matters and sales territories before procurement. |
| Freight Forwarder | Transportation arrangement, cargo owner confirmation, document collection, coordination with customs brokers | Encourage cargo owner confirmation for suspicious cargo and share information with customs brokers | Legally determine the presence or absence of copyright infringement | Organize items to check, submitted documents, deadlines, and cost risks without making definitive statements. |
| Customs Broker | Import declaration, responding to customs inquiries, document organization | Relay customs inquiries to the importer and organize document submission | Definitively declare no copyright infringement with insufficient documentation | Vague product names, images, characters, or descriptions on sales pages can prolong the verification process. |
| Customs | Border enforcement of intellectual property infringing goods, certification procedures | Verification based on cargo, documents, and rights information; proceed with certification procedures as necessary | Guarantee legality based solely on the importer’s subjective explanation | If doubts remain, customs may hold clearance or proceed to certification procedures. |
| Rights Holder / Authorized Agent | Granting use permission for copyrighted works, authorized distribution, verification of rights infringement | Provide license certification, usage permissions, authorized sales certification, and import consent involvement | Expect immediate responses for all cases as a matter of course | Delays in responses may lead to storage charges and delivery schedule delays. |
Decision Checklist
| Situation | Who to Confirm With | Items to Confirm | Actions if Issues Are Found |
|---|---|---|---|
| Before Procurement | Importer / Supplier | Use of characters, images, text, music, video, software | Confirm the presence or absence of usage permissions, licenses, and authorized sales proofs. |
| Before Import Arrangement | Importer / Cargo Owner | Product photos, sales pages, packaging, tags, backing cards, manuals | Confirm images of not only the product itself but also packaging and promotional materials. |
| When Handling Character Goods | Importer / Supplier | Work title, character names, rights holders, license agreements, sales regions | If no permission documentation exists, explain the risk of customs hold or certification procedures. |
| When Suspecting Pirated Goods or Unauthorized Reproductions | Importer / Supplier | Authorized distribution, seller, license markings, price, product specifications | Request proof of authorized sales, purchase receipts, and rights holder documentation. |
| When Handling Derivative or Altered Products | Importer / Supplier | Similarity to original work, production background, rights holder permission, sales page | Since minor alterations do not guarantee safety, encourage rights verification. |
| When Customs Inquiries Occur | Customs Broker / Importer | Inquiry details, response deadlines, required documents, cargo storage location | Clarify response deadlines and prioritize document acquisition. |
| When Certification Procedures Begin | Importer / Customs Broker | Opinion statements, evidence submission, voluntary abandonment, disposal, possibility of consent form acquisition | Where necessary, encourage expert consultation and establish a response policy within deadlines. |
| When There Is a Possibility of Import Prohibition | Importer / Customs Broker | Disposal, voluntary abandonment, rights holder consent, modification, return possibility, cost burden | Organize disposal methods, cost responsibilities, sales plans, and client explanations. |
Common Practical Issues
| Case | Reasons Commonly Causing Issues | Documents to Check | Freight Forwarder / Customs Practical Response |
|---|---|---|---|
| Character Goods | Character images appear on the product itself or packaging, and licensing approval may become an issue. | License agreements, usage permission letters, proof of authorized sales, product images | Confirm presence of permission documents and share inquiry details with customs brokers. |
| Pirated DVDs / Blu-ray | Unauthorized copying of video works or audio material may raise problems. | Proof of authorized sales, information from sellers, license markings, purchase receipts | Request documentation that can demonstrate authorized distribution. |
| Unauthorized Copied Software | Unauthorized copying of software or game data may become an issue. | License documents, proof of authorized sales, seller information, product specifications | Do not judge solely by sales price or distribution channel; confirm authorized distribution documents. |
| Unauthorized Printed Illustration Products | Works may have copyrighted materials printed without permission on items such as T-shirts, stickers, posters, or novelty goods. | Original work information, usage permission letters, product photos, sales pages | Check whether the item is more than mere decoration and possibly involves use of copyrighted material. |
| Derivative / Altered Products | Products with slightly altered existing characters or images may raise issues as derivative works or modified use. | Comparison materials with original works, production background, rights holder permissions, product images | Do not make definitive judgments on similarity; encourage rights confirmation and preparation of documentation. |
| Small-lot Products for Event Sales | Even small-lot items sold commercially may raise issues around usage permission or commercialization approval. | Sales purpose, quantity, usage permissions, license scope, sales region | Do not assume small quantity equates to safety; confirm sales purpose and rights documents. |
| Products Using Copyrighted Works on Packaging / Display Cards | Images on packaging or promotional materials rather than the product itself may be problematic. | Package images, display cards, tags, manuals, sales pages | Check not only the product itself but also surrounding label materials. |
| Cargo Deemed Non-importable After Certification Procedure | If judged as copyright infringing goods, disposal or voluntary abandonment becomes a concern. | Certification results, consent from rights holder, disposal costs, storage fee details | Organize disposal methods, cost responsibility, and effects on sales plans, then inform the shipper. |
Practical Scenario 1: Case Where Usage Permission Cannot Be Confirmed for Character Goods
There are cases where importers source anime character stickers, keychains, and T-shirts from overseas manufacturers.
Character images are displayed on the product or packaging, but the invoice only states “goods.”
During customs, permission to use the characters is requested, but the importer can only provide screenshots of the sales page.
In such cases, if license agreements, usage permission letters, or proof of authorized sales cannot be submitted, customs clearance may be withheld, or certification procedures could be required.
Practical Scenario 2: Cases Where Pirated DVDs or Unauthorized Copied Software Are Detained
There are cases where importers purchase DVDs, game software, PC software, and similar products from overseas sellers.
The packaging resembles genuine products, but the sale price is extremely low, and authorized sellers or license markings are unclear.
Customs may suspect piracy or unauthorized copies and request submission of documentation demonstrating authorized distribution.
If the importer cannot prove legitimate procurement, certification procedures, import suspension, disposal, or voluntary abandonment could be an issue.
Practical Scenario 3: Cases Where Derivative or Altered Products Become Problematic
Importers may bring in goods or apparel using illustrations resembling existing characters.
Importers may claim “there are slight design changes, so no problem,” but it might be considered derivative or modified use of copyrighted works.
In these cases, documentation such as comparisons to the original, production background, rights holder permissions, sales pages, and product images may be required.
Freight forwarders should not judge similarity but rather encourage shippers to confirm rights and prepare necessary documents.
Practical Scenario 4: Case Where Forwarders Are Asked to State There Is No Copyright Infringement
If customs inquiries about copyright infringement arise, shippers may ask freight forwarders to explain that there is no issue.
However, freight forwarders are neither rights holders nor legal specialists and are not in a position to determine infringement claims.
In such cases, forwarders cooperate with customs brokers by sharing license documents, product photos, sales pages, and sourcing information submitted by shippers, requesting additional documents if needed.
Opinions, verification with rights holders, certification procedures, and decisions on voluntary abandonment or disposal are matters the importer should handle personally.
Costs and Judgments When Import Suspension Occurs
If clearance is stopped due to suspected copyright infringement, cargo will be held.
During this period, storage fees, inspection attendance fees, document preparation fees, translation costs, delivery rescheduling fees, and loss of sales opportunities may become concerns.
If, after the certification procedure, import is disallowed, the importer must consider voluntary abandonment, disposal, obtaining consent letters from rights holders, corrective actions, or the possibility of return shipment.
However, in the case of Copyright Infringing Goods, it may not be as simple as removing logos, changing packaging, or hiding images to allow import.
If copyrighted works are used in the product itself or if the goods themselves are pirated goods or unauthorized copies, the cargo itself may not be importable.
Freight forwarders and customs brokers do not determine rights relationships on behalf of importers. Instead, they organize and communicate the status of procedures, deadlines, and potential costs.
Division of Roles Regarding Counterfeit Goods and Importing Character Goods
"Counterfeit Goods" is a general practical overview and hub article addressing issues related to cargo that potentially infringes intellectual property rights.
"Importing Character Goods" covers specific customs clearance procedures, licensing documents, and freight forwarder responses when importing products using characters from anime, manga, movies, games, corporate mascots, and the like.
In contrast, this article, "Copyright Infringing Goods," focuses on copyright legal issues such as unauthorized reproduction and use of copyrighted works, derivative works, alterations, pirated goods, and neighboring rights.
Practical Points to Note
Cargo suspected of copyright infringement may lead to customs hold, certification procedures, import suspension, destruction, return feasibility, delivery delays, or sales stoppage.
The scope of inspection may extend beyond the product itself to include packaging, manuals, labels, printed materials, promotional items, and images or characters used on sales pages.
Importers need to verify license agreements, usage permissions, official sales certification, territorial sales rights, and the scope of product licensing before procurement.
Freight forwarders should not make definitive judgments on copyright infringement but must encourage shippers to confirm regarding suspicious cargo and organize relevant documents before customs clearance.
Summary
Copyright Infringing Goods are imported cargo that reproduce or use copyrighted works such as characters, illustrations, photos, texts, videos, music, games, and software without the rights holder’s permission.
Even without brand logos, unauthorized use of characters, images, videos, music, or text may cause import issues.
In actual logistics practice, it is necessary to confirm the copyrighted nature, licensing permissions, derivative works, alterations, neighboring rights, legitimate distribution, and the intended sales purpose.
Freight forwarders do not decide copyright infringement but are responsible for prior confirmation with shippers, document collection, coordinating with customs brokers, managing deadlines, and explaining potential cost risks.
Copyright Infringing Goods represent intellectual property risks at the intersection of character goods, pirated goods, unauthorized reproductions, and derivative works. Pre-procurement rights verification and document preparation are the most critical preventive measures.
