[Article / Copyright] Copyrightability denied for makeup, hairstyling, and the selection and coordination of clothing and accessories in a fashion show, Parts 1–2 (橋谷俊, Vol. 47, 2015)
更新日:2 日前
Article information
Article type: Publication review
Category: Copyright
Topics: Copyrightability, Applied art
First published on this website: 2026-10-16
Display and classification checked: October 17, 2026
[Article / Copyright] Copyrightability denied for makeup, hairstyling, and the selection and coordination of clothing and accessories in a fashion show, Parts 1–2 (橋谷俊, Vol. 47, 2015)
IP High Court, August 28, 2014 (appeal); Tokyo District Court, July 19, 2013
Both courts rejected copyrightability and qualification as a performance for the short scenes and background footage appearing in a video of a fashion show.
The appellate court categorically denied copyrightability of (1) makeup and hairstyles and (2)–(3) combinations of clothing, etc., applying the standards for applied art.
The first-instance court focused on how those elements appeared: the scenes were brief and strongly lit, preventing the details from being perceived; the background footage was also brief and blurred, making its specific content difficult to discern.
A related precedent is Setsugekka: Tokyo District Court, October 27, 1999, and Tokyo High Court, February 18, 2002. Copyright infringement was denied because the calligraphic work's creative expression—the shading and dryness of the ink and the vigor of the brushwork—was not reproduced in the captured image.
Original AMEBLO article (2025-04-18)
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