[This Week in Japan] Manga Creator Hisashi Eguchi Faces Backlash Over Tracing Scandal

Legal Perspective: Copyright and Portrait Rights

Unlike the United States, Japan’s Copyright Law does not include a broad “fair use” clause. This means that, in principle, using someone else’s creative work (such as a photograph) without permission constitutes infringement. Because the photographer is the copyright holder, even tracing that reproduces the “creative composition or expression” of the photo can be considered a violation.

There is also the issue of the subject’s portrait rights and right of publicity. Eguchi’s illustration so closely resembled Kyu Kanai’s profile that she immediately recognized herself. Using such a likeness for a commercial poster without prior consent could amount to a portrait rights violation. While Kanai ultimately granted permission afterward, obtaining consent after the fact is not a legitimate resolution.

Moreover, when such work appears in the context of social media or corporate advertising (forms of commercial use) the legal stakes become higher. Companies must manage not only legal risks but also the impact on trust and brand image. In today’s environment, negative public sentiment often spreads quickly to stakeholders. As a result, the focus has shifted from simply “Is it illegal?” to “How does it appear ethically?”, prompting companies to act more swiftly in response.