Right to Use a Photograph or Image
Japan Supreme Court
Case Number 2003 (Ju) No. 281, Reporter Minshu vol. 59, No. 9 (2005)
- Written by Sarah Holley, JD
Facts
The appellee was the defendant in a notorious murder trial. A photographer affiliated with the appellant snuck a small camera into the courtroom and took a covert photograph of the appellee for the purpose of reporting her behavior during the proceedings. The photograph, which showed the appellee handcuffed and tied with a rope at the waist, was published in the appellant’s magazine alongside an article detailing the proceedings of the murder trial. The appellee brought suit against the appellant for violation of her right to portrait, as the photograph was taken without hers or the court’s consent. The following issue of the appellant’s magazine featured an article detailing the appellee’s case for violation of her right of portrait and three illustrations of the appellee’s face and appearance in the murder trial, one of which was an illustration of the appellee handcuffed and tied with a rope at the waist. The article insulted and defamed the appellee for filing the case. The appellee amended her suit, alleging both articles violated her right to portrait.
Rule of Law
Issue
Holding and Reasoning ()
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
