Question from a reader:
I think there might be issues with portrait rights and copyright regarding the member stickers used in TWS penlight deco. Is it okay to use them? I want to use them for my deco too, but I’m hesitant because of these concerns.

Issues of Portrait Rights and Copyright in Penlight Deco

Hello! Today, I want to talk
about the “member stickers used in penlight deco” that fans are curious about. Specifically, I’d like to delve into how we should think about this from the perspective of portrait rights and copyright. Since I am also involved in the entertainment industry, I will share insights from a legal standpoint.

First, let’s review the basics of copyright and portrait rights!

First, let me briefly explain what copyright is. Copyright is a law that guarantees the creator of a work (such as music, video, or paintings) the right to use that work. In particular, member stickers and images are considered their “creations,” and using them without permission could potentially infringe on copyright. On the other hand, portrait rights refer to the right of a person to not have their face or likeness used without permission. For example, if you were to use a photo of a member without permission to create a product, it would infringe on that member’s portrait rights. This might be the reason for your concerns.

Considering from a specific legal perspective

Now, let’s delve a bit deeper into the specific legal aspects. In Japan, Article 21 of the Copyright Act states that “permission from the copyright holder is required for the use of a work.” Additionally, regarding portrait rights, Article 709 of the Civil Code stipulates that we must also consider penalties for unauthorized use as “damages for unlawful acts.” Let’s think about how we can take measures against copyright and portrait rights. For instance, if you use stickers sold as official merchandise, you can use them with peace of mind since the manufacturer or artist has already obtained permission. However, when using stickers or images created by individuals, it is important to obtain permission from the copyright holder.

How to enjoy your own penlight deco

So, how can you enjoy your penlight deco with peace of mind? Here, I’ll share a bit of my experience. I once made a special penlight deco when I went to a concert with friends. At that time, I used officially sold stickers, so there were no issues at all. In fact, the process of decorating brought my friends and me closer together and created great memories. If you want to make your own stickers, here are some methods you might try: 1. Use official illustrations or images: If you use images published on official sites or social media, be sure to read their terms of use carefully. In some cases, non-commercial use may be permitted. 2. Create original designs: It’s also fun to create original designs using characters or icons you like. However, be careful not to use others’ copyrighted works without permission. 3. Commission a design: If you have friends or acquaintances who are designers, asking them to create a design for you is another option. You can enjoy your own original design while also clearing copyright issues.

Finally… having fun is the most important thing!

We’ve talked about portrait rights and copyright, but the most important thing is “to have fun.” Of course, it’s essential to follow the law, but the joy gained from fan activities and the bonds formed with fellow fans are invaluable. I have also created many memories through penlight deco, and during that process, the bonds among fans deepened. I encourage you all to explore your own ways to enjoy and continue your wonderful fan activities! If you have more detailed questions or specific inquiries, please feel free to message me. Let’s think together! Let’s enjoy a fun penlight deco life! Well then, see you next time!