パブリシティ権 : 日本法の到達点 ; ピンク・レディ事件 最高裁判決を題材として Right of Publicity : On the Japanese supreme court decision of Pink Lady case, how much did it make the right clear?
It has been long time since the first introduction of the right of publicity to Japan as the property right of Persona such as one's name, image and so on. But this nortion has been still ambiguous, even though in US where the right had been generated in case law and thereafter has been stipulated in states' statutes. For example, the right is included in the right of privacy in New York state law. On the other hand, the right has been stipulated as the property right in California state law. So this nortion is still ambiguous and not reached to the same understanding in all ober the country. In Japan, the right has never been stipulated in any statutes. And nevertheless the case law and scholars have tried to make it clear in Japanese legal system, it has been also still ambiguous in Japan. Under the above-mentioned situation, the Japanese supureme court made decision to the right in Pink-Lady case, 2012. Therefore I will try to understand how the decision made it clear in this reseach. And this challenge will also lead to make the architecture of information law clear.
- 相模女子大学紀要. C, 社会系
相模女子大学紀要. C, 社会系 76, 7-19, 2012