[Copyrightability (of Photographs)] 2005 (Ne) 1009, “Smell Get Case/Appeal” <Tsukahara>

日本語原文 / Japanese original

Article information

Article type: Case note

Category: Copyright

Topics: Copyrightability

First published on this website: 2026-11-01

Display and classification checked: November 2, 2026

Originally published on Ameblo: 2025-02-22 (Japan time). Full English translation.

https://ameblo.jp/hideki-takaishi/entry-12887424323.html

[Copyrightability (of Photographs)] 2005 (Ne) 1009, “Smell Get Case/Appeal” <Tsukahara>

The photographs are copyrightable, but their degree of creativity is extremely low, close to a borderline case.

⇒ Nevertheless, the photographs were copied as they were and posted on the appellee's website, constituting infringement of the reproduction right!!

*Similar to copyright in maps!?

https://www.courts.go.jp/app/files/hanrei_jp/817/032817_hanrei.pdf

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