[Article/Copyright] The Duty of Care Owed by a Party Commissioning Advertising Materials to Avoid Copyright Infringement (Hajime Moriwaki)

日本語原文 / Japanese original

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Article type: Publication review

Category: Copyright

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First published on this website: 2026-11-01

Display and classification checked: November 2, 2026

Originally published on Ameblo: 2025-05-20 (Japan time). Full English translation.

https://ameblo.jp/hideki-takaishi/entry-12904455057.html

[Article/Copyright] The Duty of Care Owed by a Party Commissioning Advertising Materials to Avoid Copyright Infringement (Hajime Moriwaki, Intellectual Property Management, Vol. 58, No. 11 (2008))

*Judgments holding that the commissioning party owed a high duty of care

⇒ “Negligence” established

Osaka District Court, 1997 (Wa) 3805: pharmaceutical company

Tokyo District Court, 1994 (Wa) 23092: Tokyo Metropolitan Government

Tokyo District Court, 2007 (Wa) 1126: shrine

*Judgments holding that the commissioning party did not owe a high duty of care

⇒ No “negligence”

Osaka District Court, 2003 (Wa) 2886: construction company

Osaka District Court, 2005 (Wa) 1311: coffee company

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