COPYRIGHT
"I used an image I found online and then received an invoice" — cases like this are on the rise. We explain copyright risks lurking in illustrations, photos, and designs, using real examples in plain language.
WHY COPYRIGHT MATTERS
Websites, flyers, social media, packaging — businesses constantly use illustrations and photos. However, using images without realizing they are someone else's copyrighted work increasingly leads to significant claims after the fact.
Unlike patents and trademarks, copyright arises automatically without registration. The moment an illustration is drawn or a photo is taken, copyright comes into existence. This means virtually all creative works carry copyright protection.
RIGHTS MAP
Even creating a single flyer or website involves a variety of copyright concerns.
| Element | Relevant Rights | Notes |
|---|---|---|
| Hero Image (Photo/Illustration) | Copyright, Portrait Rights, Publicity Rights | Most common source of disputes |
| Catchphrase | Generally none (exceptions exist) | Very short phrases are unlikely to qualify as copyrighted works |
| Body Copy | Copyright | Copying text from other websites is prohibited |
| Product Photos | Copyright (belongs to photographer) | Copyright belongs to the photographer, not the client |
| Logo / Brand Name | Trademark / Unfair Competition Prevention Act | Protected by trademark law, not copyright |
| Overall Ad Layout | Generally none | May be protected as a compilation work in some cases |
STOCK IMAGE RISK
Unauthorized use of stock illustrations and photos is one of the most common copyright disputes today.
Rights management companies sometimes do not immediately claim when they discover unauthorized use. The longer the usage period, the larger the claim amount. Leaving images on a website without awareness means risk grows with each passing year.
| Service Type | Advantages | Risks |
|---|---|---|
| Paid Stock (e.g., PIXTA) | Clear terms of use, rights warranty | Costs money; warranty has limits |
| Free Services with Clear Terms (e.g., Irasutoya) | Free for commercial use; clear conditions | Quantity limits (Irasutoya: max 20 items per project) |
| Free Services with Unclear Terms | Abundant materials | Some explicitly disclaim all liability for rights infringement. Risk of pirated materials |
| Design Tools (e.g., Canva) | Easy design creation | AI training consent clauses; check terms of use carefully |
INFRINGEMENT CRITERIA
If a referenced illustration ends up "looking similar," does that constitute copyright infringement? Courts apply the following framework:
An act of creating another work by relying on an existing work, maintaining the identity of the essential features of its expression, while modifying specific expressions, such that a person encountering it can directly perceive the essential features of the original work's expression.
In other words, two elements are examined:
Critically, "ideas" are not protected. The idea of "a professor wearing a gown" can be used by anyone, but if the specific expression — facial features, body proportions, color palette — is similar, it constitutes infringement.
A circular design of a curled-up sleeping cat. The plaintiff's watercolor was used without permission on textiles. Composition, color scheme, and form were found to match. Damages: approx. 1.67 million yen (licensing fee equivalent of 1.22 million yen + moral rights damages of 300,000 yen + attorney fees of 150,000 yen).
A three-dimensional figurine illustration. The distinctive expressive elements were found to be common: skin-colored monochrome, A-shaped body, spherical hands and feet.
An elderly man in a mortarboard and gown. "Mortarboard + gown + beard + elderly man" was deemed an idea; the trapezoidal facial structure was commonplace expression. The two works differed in flat vs. three-dimensional expression, and infringement was denied.
GREE's "Tsuri Sta" vs. DeNA's "Tsuri Game Town 2." Elements such as "depicting only underwater scenes," "displaying concentric circles," and "representing fish as shadows" were deemed ideas or commonplace expression, and copyright infringement was denied.
COPYRIGHT & CONTRACT
Did you commission illustrations or photos from a designer or photographer? You might assume "I paid for it, so I can use it freely."
That's not how it works. Under copyright law, copyright initially belongs to the creator. Payment alone does not automatically transfer copyright.
When receiving an assignment, you must explicitly state "including the rights under Articles 27 and 28 of the Copyright Act." Without this language, the right of adaptation (modification) and rights related to derivative works are not transferred.
Moral rights (right of attribution, right of integrity, etc.) cannot be transferred. Therefore, it is common practice to include a clause stating that the author "will not exercise moral rights."
In case the delivered illustrations or photos infringe on a third party's copyright, include a clause warranting that the deliverables do not infringe third-party rights, and clearly define responsibility if infringement occurs.
QUOTATION
You may hear "it's a quotation, so it's fine," but quotation must meet certain conditions to be legally valid.
Previously, two strict requirements — "clear distinction" and "subordinate relationship" — were demanded, but recent case law tends toward a comprehensive balancing of the above factors.
However, relying on quotation in business contexts is risky. Cases where use of someone else's work on product packaging or advertisements is justified as "quotation" are extremely rare. Quotation is typically recognized only for purposes such as criticism, reporting, and research.
FAQ
"I received a demand letter" or "I want to check if the images I'm using are safe" — we handle these consultations too.
Hours: Weekdays 9:30 - 18:00 / Online consultations available