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Dismissing Twitter’s appeal, Supreme Court rules retweeting copyright infringing picture is moral right violation

In the legal battle over disclosure of users’ information for the reason of violation of the Moral Rights of Authors, on July 21, 2020, the Supreme Court’s Third Petty Bench upheld the second trial’s decision which had recognized moral right infringement and dismissed an appeal from Twitter.
The plaintiff, a photographer in Hokkaido, found that someone had tweeted a photo from his own website without permission, and he realized that the tweet had been retweeted several times by other users as well. Regarding the tweet and retweets as copyright and moral right infringement, the plaintiff claimed for disclosure of the users’ information under the Provider Liability Limitation Act against Twitter, Inc. and Twitter Japan.
Twitter Timeline automatically displays a posted picture with its upper and lower sides cropped out. The subject photo has photographer’s name on the lower part thereof, but the tweeted and retweeted photo had the name cropped out when displayed on the timeline due to the function. Upholding the decision by the second trial at the Intellectual Property High Court, the Supreme Court dismissed Twitter’s appeal and ruled that the tweet and retweets of the photo infringed the Moral Rights of Authors (Right to Attribution and Right to Integrity.)

https://japan.cnet.com/article/35157184/













































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