The Scope of Legal Protection in the Secondary Use of Game Content

Copyrightability of In-Game Dialogue

Article 2, Paragraph 1, Item 1 of the Japanese Copyright Act defines a work as “a production in which thoughts or emotions are creatively expressed and which belongs to the literary, scientific, artistic, or musical domain” (Japanese Copyright Act).
Generally, short phrases or formulaic expressions within games are often considered not to meet the requirement of creativity and therefore may not be protected as works.
However, if a phrase is well-known and recognized for its creativity, or if it is trademarked, such as in the examples of “Jejeje” or “Demo sonna no kankei nee,” caution is necessary when using it.

Copyright Protection for Game Characters

Considering the basic definition of copyrighted works, games possess the nature of composite works, and the use of their components is subject to restrictions under Japanese Copyright Law.
Specifically, actions such as posting personality images on a website may infringe on the right of public transmission (Article 23 of the Japanese Copyright Law), and including them in pamphlets may infringe on the right of reproduction (Article 21 of the Japanese Copyright Law).

However, regarding the legal protection of “personalitys,” the Supreme Court’s “Popeye Necktie Case” (Supreme Court Decision, July 17, 1997 (Heisei 9), Minshu Vol. 51, No. 6, p. 2714, Copyright Law Casebook [5th Edition], p. 56) imposes certain limitations on the scope of protection.
Based on this precedent, using only the names of personalitys appearing in games may not require permission under Japanese Copyright Law.

Restrictions on the Use of Character Images

More specifically, when utilizing the visual representation of a personality, whether it is a reproduction of what is used within a game or a similar image independently created, there is a possibility of infringing on the reproduction rights (Article 21 of the Japanese Copyright Act).
Furthermore, when independently drawing a personality, there is also a risk of infringing on the right to maintain the integrity of the work (Article 20 of the Japanese Copyright Act), so it is recommended to obtain permission from the copyright holder.

Legal Restrictions on the Use of Game Content in eSports Tournaments

Such legal restrictions are particularly significant challenges when organizing eSports tournaments.
One of the critical legal issues that organizers face is the use of content such as game personalitys and in-game dialogue.
When using these elements on the tournament’s website or brochures, careful consideration of multiple Japanese intellectual property rights is necessary.

Protection Under Trademark Rights and the Japanese Unfair Competition Prevention Act

Furthermore, when using personality names, it is essential to consider legal protections beyond the Japanese Copyright Act.
If a trademark has been registered for the personality name, or if the personality has gained recognition and notoriety as a product or service name through media mix developments, there is a possibility of trademark infringement or violation of the Japanese Unfair Competition Prevention Act (Article 2, Paragraph 1, Items 1 and 2).

Practical Considerations

When considering the legal aspects discussed above, the use of game content in event management allows relatively high freedom for the simple use of personality names and dialogue. However, using visual elements generally requires permission from the rights holders.
In any case, it is advisable to consider the possibility of protection under Japanese trademark rights and other relevant laws, and to confirm with the rights holders as necessary.