Copyright Confirmation 2025

Japanese Copyright Lawandphotographic copyrightare summarized below.

Japanese Copyright Law

• Definition and Scope: Copyright protects "works" that creatively express thoughts or emotions. Works include literature, art, music, etc., and photographs are also included [1][3][6].

• Protection Period: In principle, it is protected for 70 years after the author's death. For anonymous or organization-named works, the protection period is 70 years after publication [5][7].

• Content of Rights: Authors are granted rights such as the right of reproduction, the right of public transmission, and the right of screening. These are defined as sub-rights to control the use of the work [1].

Photographic Copyright

• Positioning of Photographs: Photographs are protected as "works" when creativity is recognized. This includes portrait photographs and landscape photographs [3][6].

• Rights Holder: In principle, the photographer is the author and holds the copyright. However, this does not apply if there is a separate agreement, such as a contract [5][6].

• Points to Note: If the subject includes people, consideration must also be given to portrait rights. Although portrait rights are not clearly defined by law, they are widely recognized based on judicial precedents [6].

Notes on Using Photographs

• Commercial Use: When using someone else's photograph for commercial purposes, the author's permission is required. Unauthorized use constitutes an infringement of the right of public transmission or the right of reproduction [3][5].

• Credit Notation: It is recommended to clearly state the photographer's name when using the work [5].

• Protection Organizations: Organizations such as the Japan Photographic Copyright Association (JPCA) work to protect the copyrights of photographers [2].

It is important to understand these points and strive for appropriate use.

The penalties for copyright infringement of photographs are as follows.

• Criminal Penalties: In cases of copyright law violation, one may be subject to imprisonment for up to 10 years, a fine of up to 10 million yen, or both (Article 119 of the Copyright Act) [2][4][5].

• In the Case of Corporations: If a corporation commits copyright infringement, it may be subject to a fine of up to 300 million yen (Article 124 of the Copyright Act) [4][5].

Since these penalties are very severe, appropriate measures such as obtaining the author's permission are required when using photographs.

Sources
[1] Are there penalties for portrait rights infringement? A lawyer explains how to handle it if you are infringed ... https://www.authense.jp/defamation/column/portrait/50/
[2] What is copyright infringement? Explaining the rules for quoting and reprinting text and images https://business.best-legal.jp/4942/
[3] Copyright infringement discovered due to unauthorized use of photos! Explaining penalties and countermeasures https://takasaki.vbest.jp/columns/ol_defamation/g_other/7095/
[4] What is the difference between portrait rights and copyright? What happens if you infringe them? A lawyer explains clearly ... https://www.authense.jp/defamation/column/portrait/52/
[5] What is copyright infringement? Explaining cases, penalties, and requirements for establishment in an easy-to-understand way https://kigyobengo.com/media/useful/2118.html
[6] What are the criteria for judging copyright infringement of illustrations and images? How much similarity makes it illegal? https://kigyobengo.com/media/useful/203.html
[7] If you infringe copyright, you face "up to 10 years in prison - Yahoo! News https://news.yahoo.co.jp/articles/f3961957f56e0e91f81119d96b85b77093b5b88f
[8] Is it a crime to post someone's photo without permission? Explaining the legal measures that can be taken https://monolith.law/reputation/picture-sin

Sources
[1] Copyright Act - Wikipedia https://ja.wikipedia.org/wiki/著作権法
[2] Japan Photographic Copyright Association - Wikipedia https://ja.wikipedia.org/wiki/日本写真著作権協会
[3] Points you should understand at a minimum to avoid copyright infringement of images https://tokyo-startup-law.or.jp/magazine/category05/images-copyright-infringement/
[4] Regarding the 2023 Ordinary Diet Session Copyright Act Amendment - Agency for Cultural Affairs https://www.bunka.go.jp/seisaku/chosakuken/hokaisei/r05_hokaisei/
[5] Photographic Copyright and Portrait Rights - Japan Professional Photographers Society https://www.jps.gr.jp/rights-2/
[6] About "Copyright" for using photos safely https://imagenavi.jp/topics/column/04/
[7] Is copyright protected forever? | What is copyright? | Copyright Q&A https://www.cric.or.jp/qa/hajime/hajime3.html
[8] JPCA Japan Photographic Copyright Association https://jpca.gr.jp
[9] What are portrait rights? Relationship with privacy and copyright, and criteria for judging infringement ... https://keiyaku-watch.jp/media/kisochishiki/shozoken/