Author
Prof Keita SATO
Organisation/Institution
chuo university
Country
JAPAN
Panel
Intellectual Property Rights
Title
Leagality of Tracing other people's Portrait Photos
Abstract
This report forcuses the illegality of an act known in Japan as “torepaku”(tracing imitation). Torepaku is the act of using another person's photograph (or painting), tracing it, and creating illustrations or similar works. If permission for the use of the subject's portrait or the photographer's copyright has not been obtained, it may constitute an infringement of portrait rights, copyright, and other rights. In this report, I explains the case of famous illustrator Eguchi's “Torepaku” activities, which drew significant online criticism in Japan in 2025, then I will clarify what aspects of Torepaku constitute infringement of which rights. Specifically, it comprehensively examines the illegality of these behavior across several rights, focusing on: 1) the criteria for infringement of portrait rights and publicity rights, and 2) the criteria for infringement of photographic copyright and the right of integrity. The discussion compares tracing to calligraphic practice (Rinsho, where calligraphers train by imitating ancient Chinese masters) and realistic painting of models. More specifically: a) Regarding portrait use, the treatment of tracing photos uploaded to SNS for non-commercial purposes may involve different criteria depending on whether the subject is a celebrity (publicity rights) or not (portrait rights). I will also consider the feasibility of the idea that portrait rights cannot be asserted over portrait photos uploaded to SNS. b) Regarding copyright, I will examine issues such as whether tracing only the outline of a model's face or using a common photographic angle constitutes infringement. From Western perspective, these acts may likely be deemed illegal. However, in East Asia, influenced by manuscript culture, a strong cultural acceptance of imitation persists (regardless of the merits of this perspective). This report attempts to construct an argument considering the East Asian viewpoint, specifically through comparison with the practice of copying calligraphy (Rinsho).
Biography
Keita SATO, Chuo Law School, Chuo University Keita Sato is Professor of Law at Chuo Univ. and teaches intellectual property law since 2008. He has been a WIPO Panelist for domain name disputes since 2000, and Panelist for Japan IP arbitration Center since 2003, Chuo Law School, and JICA Cambodian civil law project member from 2002 to 2010, also joined Viet-Nam Project. He was a Scholar in residence at George Washington Univ. National Law Center, Guest Professor at Max-Planck Institute for IP Law (Munich), and served as Adjunct/Guest professor, including at Alicante University, American University Washington College of Law, Viet-Nam National Univ., Univ. of Baltimore Law School and Tulane Law School. He also served as a member for Government related committees, such as patent attorney national examinations committee, Legislative Counsel for 1999 Design Law revisions, and Japanese delegation member for the expert committee at WIPO Hague Agreement Geneva Act. He has many speeches at previous IPIRA conferences and ASLI conferences and covers wide-ranged various IP fields. He is board member of directors at Japan Industrial Property Law Association, Japan Copyright Law Association, and Japan International Copyright Law Association.
