Question from a reader:
I recently went to an exhibition by a certain manga artist. There were illustrations that allowed photography, so I took some pictures, and now I want a keychain made using one of those illustrations. However, that illustration is not available for commercial use (I do have a sticker). Is there a copyright issue with ordering from an
e-commerce site that creates acrylic keychains for personal use? I would appreciate any insights from those knowledgeable about this matter.

The Dilemma of Copyright and Creating Original Goods

Recently, fan art and merchandise creation related to manga and anime have been gaining momentum. I often browse various sites to get merchandise from my favorite works. Among this, a question from a reader caught my attention. Specifically, they found an illustration at an exhibition by a certain manga artist that allowed photography and want to create an acrylic keychain using that illustration. Is this action legally permissible?

Understanding the Basics of Copyright

First, let’s briefly review copyright. Copyright is the right related to creative works, existing to protect the author’s creations. In other words, creative works such as manga and illustrations automatically have copyright. This gives the author the right to reproduce and sell their works. The illustrations exhibited at the exhibition are generally copyrighted by the manga artist. Even if photography was allowed, commercializing the photographed work for personal use could potentially infringe on copyright.

What Does “Photography Allowed” Entail?

“Photography allowed” means that you can take photos for personal enjoyment. Therefore, it does not imply permission to create something based on those photos. This is where copyright becomes complicated. Photography at an exhibition is meant for enjoying the work, and taking that enjoyment into commercial use likely goes against the author’s intentions. For example, I think about what would happen if I were to commercialize and sell illustrations from a manga artist I admire without permission. Of course, I have no intention of doing such a thing, but it makes me feel uneasy. As a fan, it’s natural to want to feel closer to the work. However, when copyright is involved, the situation is not straightforward.

Is Creating a Keychain for Personal Use Safe?

In the case of the questioner, their intention is to create an acrylic keychain for personal use. However, even if that keychain is not for sale, there is a high possibility of issues from a copyright perspective. Copyright law prohibits the “reproduction” of a work, so even if it’s made for personal use, using the illustration without the copyright holder’s permission would be illegal. Of course, there are instances where copyright holders may tolerate such actions, but it is generally advisable to obtain permission. In fact, seeking permission from the copyright holder is, I believe, a matter of courtesy as a fan.

The Joy of Fan Activities and the Law

Here, I would like to share my personal thoughts. I completely understand the desire to create something tangible from a beloved work as a fan. I have also wanted to create merchandise using illustrations from works I love. However, from a legal perspective, the question of how far that “love” can be expressed is a troubling issue. For instance, if I were to think about drawing illustrations of my favorite characters with a friend and printing them on T-shirts, it would likely be fine for personal enjoyment among friends. However, if I wanted to sell them publicly, the wall of copyright would quickly come up. The permissions required for enjoying fan art and for commercial use are entirely different.

Conclusion

In conclusion, regarding the questioner’s case, from a copyright perspective, it is advisable to avoid creating an acrylic keychain using the illustration. Even for personal use, doing so without the copyright holder’s permission is likely to pose legal issues. Of course, it is important to cherish the feelings of being a fan. However, it is also crucial to think of ways to enjoy the works we love while respecting copyright rules. For example, purchasing official merchandise or adhering to clear rules when creating fan art are ways to enjoy within the permissible limits. Finally, while there are many concerns regarding copyright, I believe that finding ways to enjoy oneself while respecting the author’s intentions is true fan activity. I also want to continue to think deeply about the entertainment industry through legal aspects and psychological analysis.