What are the Points to Note for Vtubers and Live Streaming? Explaining the Laws and Regulations

Along with the growth of YouTube, Vtubers and live streaming are gradually becoming popular content. However, there are legal considerations when it comes to Vtuber videos and live streaming. In this article, we will explain the laws and regulations related to Vtubers and live streaming.

What is a Vtuber?

A Vtuber, short for Virtual YouTuber, is someone who uses avatars or personalitys to broadcast videos on platforms such as YouTube.

One of the unique features of being a Vtuber is that when posting videos, the use of avatars or personalitys allows the video poster to remain anonymous, without revealing their face or identity.

Additionally, depending on the settings of the avatar or personality, Vtubers can create their own unique world view in their video posts.

In the Vtuber community, there are various types of Vtubers, including those who use automated voice software for their avatar or personality’s voice, and those who use their own voice.

What is Live Streaming?

Live streaming is a method of broadcasting video content in real time, which is different from the pre-recorded and edited videos commonly posted on video sharing sites like YouTube. This is done through live streaming (streaming playback) that broadcasts videos in real time.

In live streaming, because the broadcast is made in real time, the broadcaster has the unique ability to respond to listeners’ questions and comments on the spot.

Another personalityistic of live streaming is that, since no video editing is done, any unexpected happenings during the shoot are also broadcast as they occur.

Furthermore, the fact that no video editing is required means that broadcasting can be done easily, which is another feature of live streaming.

Legal Issues Vtubers and Live Streamers Should Be Aware Of

There are several legal issues that Vtubers and live streamers should be aware of, including:

• Legal issues arising from the relationship with portrait rights
• Legal issues arising from the relationship with privacy rights
• Legal issues arising from the relationship with publicity rights
• Legal issues arising from the relationship with copyright
• Legal issues arising from the relationship with crimes against honor
• Legal issues arising from the relationship with the Japanese Funds Settlement Law

Legal Issues Arising from Portrait Rights

In the videos and live streams posted by Vtubers, there may be instances where the faces or appearances of specific individuals are shown.

In relation to the faces or appearances of specific individuals, portrait rights become an issue.

What are Portrait Rights?

Portrait rights are one of the personal rights, referring to the right of an individual not to have their photographs, paintings, sculptures, etc. used or created by others without permission.

There are no explicit provisions regarding portrait rights, but there are precedents stating, “Whether it is called portrait rights or not, at the very least, it is not permissible for a police officer to take photographs of an individual’s appearance, etc., as it is against the spirit of Article 13 of the Constitution.” Although the term “portrait rights” is not explicitly used, it can be said that portrait rights are rights guaranteed under the Constitution.

What Legal Issues Arise in Relation to Portrait Rights?

If a Vtuber uses the portrait of an individual in a video without the subject’s consent, it may be considered an infringement of portrait rights, and the subject may potentially make a claim for damages based on tort.

Similarly, in the case of live streaming, there is a possibility of being claimed for damages based on tort by the subject.

In the case of live streaming, since it is not possible to edit the video, the risk of infringing portrait rights is higher.

Whether a Vtuber is posting a video or a live streamer is broadcasting live, if it is anticipated that the portrait of another person will be used, it is necessary to obtain the person’s consent in advance.

Furthermore, if consent cannot be obtained, great care must be taken to ensure that the portrait of another person is not included.

Legal Issues Arising in Relation to Privacy Rights

There are cases where the content of videos or live broadcasts posted by Vtubers may involve the privacy of specific individuals.

In relation to the privacy of specific individuals, privacy rights become an issue.

What are Privacy Rights?

Privacy rights are one of the personality rights, referring to the right not to have matters related to one’s private life and personal affairs arbitrarily disclosed.

In the first trial judgment of the “After the Banquet” case, it was first indicated that violating privacy rights constitutes a tort. Since then, many precedents have been set regarding violations of privacy rights.

What Legal Issues Arise in Relation to Privacy Rights?

With regard to privacy rights, if you disclose information without the consent of others, you may be subject to a claim for damages based on a tort from the person concerned.

In the case of privacy rights infringement, the following three requirements were indicated in the “After the Banquet” case:

• It is a matter that is a fact of private life or is likely to be perceived as such
• It is a matter that, when viewed from the standpoint of the individual in question, based on the sensitivity of the general public, would not want to be disclosed, or in other words, it is a matter that, based on the sense of the general public, would cause psychological burden and anxiety if disclosed
• It is a matter that is not yet known to the general public

In light of the above three requirements, it is necessary to consider not infringing on the privacy rights of others when posting videos or conducting live broadcasts.

Legal Issues Arising from Publicity Rights

In order to attract a large number of viewers, Vtubers may discuss famous or well-known individuals in their videos or live broadcasts.

In relation to these famous or well-known individuals, the issue of publicity rights often arises.

What are Publicity Rights?

Publicity rights refer to the exclusive right of famous or well-known individuals to utilize the customer attraction power associated with their likeness.

While the right to one’s likeness is included as part of personal rights, publicity rights pertain more to the commercial value of a likeness. This is where the difference between the right to one’s likeness and publicity rights lies.

What Legal Issues Can Arise in Relation to Publicity Rights?

Regarding publicity rights, if you use the name or likeness of a famous or well-known individual without their permission to increase the number of views on your videos or live broadcasts, you may be subject to a claim for damages based on tort law.

Therefore, it is necessary to obtain permission in advance when using the name or likeness of a famous or well-known individual.

Legal Issues Arising from Copyrights

Vtubers may use other people’s copyrighted works in their posted videos and live streams.

In the context of using other people’s works, copyright becomes an issue.

What is Copyright?

Copyright refers to the exclusive right of the author to use their work.

The following is stipulated in Article 2, Paragraph 1, Item 1 of the Japanese Copyright Law:

(Definition)
Article 2 In this law, the meanings of the terms listed in each of the following items shall be as prescribed in the respective items.
1. Work: Something that creatively expresses thoughts or feelings and belongs to the realm of literature, academia, art, or music.

Not everything created by a person is considered a work. It is recognized as a work only when the above requirements are met.

What Legal Issues Arise in Relation to Copyright?

In the videos posted by Vtubers and live streams by live streamers, due to their nature, there are many cases where the relationship with others’ copyrights becomes an issue.

For example, in live streaming, it is conceivable that the sound of a TV or music playing unintentionally in the background could lead to copyright infringement.

Also, in relation to the videos posted by Vtubers, there is a possibility of copyright infringement issues arising due to the use of background music, images, videos, etc.

Therefore, it is necessary to always be aware of whether or not copyright infringement is occurring and to ensure that copyright infringement does not occur.

Legal Issues Arising in Relation to Crimes Against Honor

In the videos and live streams posted by Vtubers, there may be instances where comments are made about others.

When it comes to comments about others, the relationship with crimes against honor becomes an issue.

With the development of the internet, users can now easily make anonymous comments, and slander against specific individuals has become a social issue.

What are Crimes Against Honor?

Crimes against honor include defamation (Japanese Penal Code Article 230, Paragraph 1) and insult (Japanese Penal Code Article 231).

What Legal Issues Arise in Relation to Crimes Against Honor?

Depending on the content of the posted videos or live streams, defamation (Japanese Penal Code Article 230, Paragraph 1) or insult (Japanese Penal Code Article 231) may be established.

Defamation is defined in Article 230, Paragraph 1 of the Penal Code as follows:

(Defamation)
Article 230: Anyone who publicly alleges facts and damages the honor of another person, regardless of the truth of the facts, shall be punished by imprisonment for up to three years or a fine of up to 500,000 yen.

Insult, on the other hand, is defined in Article 231 of the Penal Code as follows:

(Insult)
Article 231: Anyone who publicly insults another person, even without alleging facts, shall be punished by detention or a fine.

A major difference between defamation and insult is whether or not facts are alleged.

As internet slander has become a social issue, there is a possibility that the punishment for insult may become more severe, and it will be increasingly necessary to be careful in the future.

Legal Issues Arising from the Relationship with the Act on Settlement of Funds

Not in relation to the broadcasters who conduct live streaming, but in relation to the providers of live streaming services, the relationship with the Act on Settlement of Funds (hereinafter referred to as the “Japanese Act on Settlement of Funds”) becomes an issue.

What is the Japanese Act on Settlement of Funds?

The Japanese Act on Settlement of Funds is a law that aims to ensure the proper implementation of services related to fund settlement and protect users and others by establishing regulations related to fund settlement, promote the provision of services, and improve the safety, efficiency, and convenience of the fund settlement system.

What legal issues arise in relation to the Japanese Act on Settlement of Funds?

One of the personalityistic revenue systems of live streaming is the tipping system.

The tipping system refers to a mechanism where viewers of live streaming purchase items such as digital items from the providers of live streaming services and present these to the broadcasters.

For the relationship between the tipping system and the Japanese Act on Settlement of Funds, please refer to the following article for a detailed explanation.

Summary: Legal Issues To Be Aware Of In Live Streaming For Vtubers

In summary, we have explained the laws and regulations related to Vtubers and live streaming, targeting those who have little legal knowledge about these topics.

It is expected that Vtubers and live streaming will increasingly permeate our lives in the future. Therefore, it is considered necessary to at least understand what kind of legal issues may arise.

Legal issues related to Vtubers and live streaming are areas that require specialized knowledge. If you have any questions or concerns, we recommend consulting with a lawyer.

Introduction to Our Firm’s Measures

Monolith Law Office is a legal office with high expertise in both IT, particularly the internet, and law. In recent years, we have been handling many advisory cases for YouTubers and VTubers, who are becoming popular online. The need for legal checks is increasing due to the creation and review of contracts related to YouTubers and VTubers, as well as issues with portrait rights and privacy in videos. At our firm, attorneys with specialized knowledge are taking measures.

Please refer to the following article for more details.