The Risks of Contracts That Require Illustrators “Not to Exercise Moral Rights”

(This lecture is written based on the circumstances of the illustration industry in Japan and on Japanese law.)

illustrations by MORI Ryuichiro

There is something I want as many illustrators as possible to know.

What I want you to know is this:

Contracts that require you “not to exercise moral rights” carry the risk that your illustration may be used in ways that damage your honor or reputation, such as in adult-oriented services.

For example, let’s say you are an illustrator, and Company A commissions you to create a serious-themed illustration of a woman wearing clothes.

If the contract were one involving both a copyright transfer and a waiver of the exercise of moral rights, Company A could, without your knowledge, alter that illustration so that the woman appears completely naked and use it in an adult game.

You might think, “That would never happen!”

But in fact, there has been a case very close to this.

“A handsome character from an otome game becomes a ‘beast’ in an erotic game: Female manga artist files angry lawsuit”http://www.sankei.com/west/news/160523/wst1605230007-n1.html

Judging from this article, I would assume that in this case, there was probably no agreement not to exercise moral rights.

If the manga artist had been unable to exercise moral rights in general, including the right of integrity and the right to preserve honor and reputation, the lawsuit may have been even more difficult for her.

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