[Copyright] Osaka District Court, Case No. 2024 (Wa) 5501
Updated: 30 minutes ago
Article information
Article type: Case note
Display and classification checked: 2026-09-30
Categories: Copyright
Topics: Vicarious liability / Damages
Published on this website: 2026-09-29
[Copyright] Osaka District Court, Case No. 2024 (Wa) 5501
(Presiding Judge Matsuami)
*Employer liability under Article 715(1) of the Civil Code recognized!!
The manager was to perform managerial duties in accordance with various manuals prescribed by the defendant; whenever an unclear or uncertain matter arose, the manager was required to contact and consult the defendant; and prior written consent from the defendant was required for posting on sites using social media, etc.
⇒ The manager's discretion was very narrow, and managerial duties were performed under the defendant's de facto direction and supervision. The defendant qualifies as "a person who employs another person for a business."
The act of the manager or an employee posting the illustration under the mistaken belief that it was so-called free material constitutes a tort of negligent copyright infringement (rights of reproduction and public transmission).
(Quoted wording is translated.)
Originally posted on LinkedIn: https://www.linkedin.com/feed/update/urn:li:activity:7510137955244544000/
Related articles and decisions
Updates and corrections
This log starts on 30 September 2026. Display and classification checks are distinct from a review of the legal analysis.
2026-09-30 — Presentation update: added the article type, this change log and a link to consultation options. The existing article text was preserved.
2026-10-01 | Name notation: replaced verified Japanese-script personal names with Roman-letter forms in this English article and its navigation. Legal analysis and original publication date unchanged.
Comments