[Article/Copyright] The Public’s Freedom to Use Accessible Works: The Working Vehicles Case — Maiko Murai
Updated: 6 hours ago
Article information
Article type: Publication review
Category: Copyright
Topics: Moral rights
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2025-06-23 (Japan time). Full English translation.
[Article/Copyright] The Public's Freedom to Use Accessible Works: The Working Vehicles Case (Maiko Murai, Intellectual Property Law and Policy Journal, Vol. 1.10 (2006))
*Tokyo District Court, 2001 (Wa) 10130
A painter working mainly in outdoor painting alleged copyright infringement and infringement of the author's moral right of attribution after paintings created on the bodies of municipal buses were included in a picture book published by the defendant publisher.
Although the municipal buses operated continuously on public roads and entered garages at night, they were regarded as permanently located in outdoor places readily viewable by unspecified members of the public.
⇒ This falls under Copyright Act Article 46's case of “originals of artistic works permanently installed in outdoor places” and permits free use without the copyright owner's authorization.
The court also considered whether the use fell within Article 46(iv), “acts exclusively intended to sell reproductions of artistic works.” It held that it did not, because the defendant's picture book had the educational purpose of introducing young children to various vehicles traveling through town, rather than displaying the plaintiff's works primarily for appreciation or sales promotion.
Regarding the right of attribution, the court held that, given the purpose and manner of use, omitting the author's name was unlikely to harm the plaintiff's interests, and ultimately dismissed the plaintiff's claims.
The judgment is significant in recognizing paintings on moving bus bodies as “permanently installed” artistic works, broadly allowing freedom to use readily accessible works in public places while reaffirming Article 46's purpose of strictly restricting reproduction of artistic works for sale.
Translator’s notes (editorial)
The source gives the volume as “Vol.1.10”; retained without silently correcting the bibliographic reference.
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