[Copyright] Osaka District Court, Case No. 2024 (Wa) 5501
更新日：3 時間前
Article information
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/
