Publicity rights
Aaron Gerow
aaron.gerow at yale.edu
Wed Aug 31 10:44:32 EDT 2005
In a court decision which may add a little fodder to film scholars'
ammunition in the fight to print images from films in publications, a
Tokyo court ruled that famous people do not have the right to restrict
the distribution of information about them. In a case where several
tarento like Ito Misaki sued the magazine Bubka over the publication of
photos of those talento, the court only ruled in favor of the
plaintiffs with regard to mistaken information (e.g., a naked photo
attributed to Ito when it was in fact someone else). The plaintiffs
assertion of "publicity rights" over their own portraits was rejected.
Since I have had film companies assert that I couldn't even use frame
grabs in a publication because I needed to clear those images with each
of the actors shown, I could possibly use this court decision to
counter that assertion.
Aaron Gerow
KineJapan owner
Assistant Professor
Film Studies Program/East Asian Languages and Literatures
Yale University
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