\\\\\\ penal sanction \\\\\\ Infringement on copyright constitutes a crime, and therefore, the infringer is to be punished by penal sanctions. (The prosecution takes place only upon the complaint of the right owner.) Contents of the penal sanction vary as following examples: Infringement of copyright, the right of publisher, or neighboring rights (exclusive rights): ¨ imprisonment for a term up to ten years or a fine up to ten million yen Infringement of authorfs moral rights or performerfs moral rights ¨ imprisonment for a term up to five years or a fine up to five million yen In the case of infringement (excluding that on moral rights) committed by a body corporate, the amount of the fine is up to 300 million yen. Also, by the amendment of the Copyright Law on October 2012, a new penal sanction provision (imprisonment for a term up to two years or a fine up to two million yen) was introduced to the following case: knowing downloading of illegally uploaded digital gsoundsh or gmoving imagesh (excluding other types of works) for the purpose of gprivate useh (excluding other exceptions), knowing that such sounds or moving images are traded in a normal market. The court may sentence both imprisonment and fine at the same time.