Date April 26, 2013 Case Number 2009 (Wa) 26989 Court Tokyo
Date April 26, 2013 Court Tokyo District Court, Case number 2009 (Wa) 26989 47th Civil Division – A case in which the court found that the defendant's use of the photos of the plaintiffs, who are members of idol groups, in books without their authorization, infringed what is generally known as the publicity rights of the plaintiffs and is illegal under the tort law. In conclusion, the court upheld the plaintiffs' claims for an injunction against the publishing and sale of these books, and for the disposal of said books, and also partially upheld their claims for damages. In this case, the plaintiffs, who are members of idol groups, alleged that the defendant published and sold books while using the plaintiffs' photos in these books without their authorization, and thereby infringed their rights to exclusively use the customer appeal of their portraits, etc., as well as what is generally known as portrait rights. Accordingly, the plaintiffs sought an injunction against the publishing and sale of these books, demanded the disposal of said books, and claimed damages. In accordance with the gist of the judgment of the First Petty Bench of the Supreme Court of February 2, 2012, Minshu Vol. 66, No. 2, at 89, the court referred to a person's right to exclusively use the customer appeal of his/her own portrait, etc. as a publicity right and stated that this right is one of the rights derived from a right of personality. The court then held that "the unauthorized use of portraits, etc. of a person is considered to be infringement of the person's publicity right and is found to be illegal under the tort law if the sole purpose of the use is to take advantage of the customer appeal of the portraits, etc.
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