How Far Can You Go with Product Promotion on YouTube? Explaining the Relationship with the Japanese Copyright Law
In recent years, videos reviewing the user experience of products have become extremely popular on video platforms such as YouTube.
Especially when viewers are considering purchasing high-priced items, they tend to research the opinions of actual users to avoid making a mistake.
Furthermore, the increasing number of people purchasing items online without seeing the physical product is another reason why product introduction videos are popular.
But is there a legal issue when criticizing a specific product in a video? In this article, we will explain the points to be aware of when creating and posting product introduction videos.
What is a YouTube Product Introduction Video?
Generally, a product introduction video is a video that compiles scenes of using a specific product and impressions of it. Such videos are easy to accumulate view counts, and many YouTubers post product introduction videos.
Many of these videos are produced and distributed as part of advertisements or promotions from companies, conveying the ‘goodness of the product’. However, some videos candidly express negative impressions, such as ‘dissatisfaction when using the product’.
From a consumer’s perspective, they want to know the bad points of a product to avoid making a mistake. Therefore, there is a certain demand for negative product introduction videos.
Product introductions and reviews are also posted on sites with product review functions, such as blog articles and Amazon, but videos are more communicative and credible.
Especially, videos with various ingenuities such as BGM, sound effects, and video editing are very easy to see and interesting compared to just text, so they are popular.
Are Product Introduction Videos on YouTube Legally Problematic?
When creating product introduction videos on YouTube, it is necessary to be mindful of several laws.
In this article, we will primarily discuss the ‘Japanese Copyright Law’.
What is the Copyright Law?
The Copyright Law is designed to protect works such as novels, films, and paintings, and by providing incentives for creation, it contributes to the ‘development of culture’.
One of the personalityistics of the Copyright Law, unlike the Patent Law, is that rights naturally arise at the point of creation of the work, without the need for registration with the state.
Furthermore, ‘product photos’ taken by others, ‘web site UI’ for advertising, ‘sales screens for online shopping’, ‘BGM’, etc., which are often used in product introduction videos, may be considered works under the Copyright Law (Article 10, Paragraph 1 of the Japanese Copyright Law).
Article 10 (Examples of Works)
Article 10, Paragraph 1 of the Japanese Copyright Law
The following are examples of works under this law:
1. Novels, scripts, essays, speeches and other linguistic works
2. Musical works
3. (Omitted)
4. Paintings, prints, sculptures and other works of art
5. (Omitted)
6. Maps or drawings, diagrams, models and other graphic works of a scholarly nature
7. (Omitted)
8. Photographic works
9. (Omitted)
Issues under the Copyright Law
Therefore, when using ‘product photos’ etc. in product introduction videos, it is necessary to be careful not to infringe on copyrights.
Not all of these are necessarily protected by the Copyright Law, but photos that have been carefully arranged and angled, and websites that show individuality, are generally recognized as works.
If the product photos etc. used are considered works, unless they are free materials or other exceptions, using them without the permission of the rights holder may be illegal.
How to Avoid Copyright Infringement
There are generally two ways to prevent copyright infringement in advance.
- Obtain permission from the copyright holder
- Quote correctly
Obtain Permission from the Copyright Holder
Firstly, it is important to check whether you can obtain permission from the copyright holder.
However, obtaining permission does not mean you can use the work in any way you like. There are often disputes when the copyright holder says, “I wouldn’t have given permission if I knew it was going to be used in this way.”
Therefore, when obtaining permission, it is crucial to clarify the scope of the permission, such as how the work will be used. In video production, don’t forget to respect the product and the copyright holder.
Quote Correctly
If the copyright holder is unknown or permission cannot be obtained, it does not mean that you cannot use someone else’s work at all.
Under Article 32 of the Japanese Copyright Law, it is possible to use a work without the copyright holder’s permission if the quotation meets certain requirements.
Article 32 (Quotation)
Article 32, Paragraph 1 of the Japanese Copyright Law
A published work may be quoted. In this case, the quotation must conform to fair practice and must be within the limits justified by the purpose of news reporting, criticism, research, or other purposes of quotation.
For more detailed explanation about the requirements for quotation, please refer to the following article.
https://monolith.law/corporate/quote-text-and-images-without-infringing-copyright[ja]
When Product Introduction Videos Become Infringements of Rights
We will explain two cases where product introduction videos can become illegal.
Usage that Damages the Honor and Reputation of the Author
Even if the usage damages the honor and reputation of the author, it may still be illegal by the aforementioned methods, so extra caution is necessary.
Article 113 (Acts considered as infringement)
11 Using the work of the author in a way that damages the author’s honor or reputation is considered an infringement of the author’s moral rights.
Japanese Copyright Law Article 113, Paragraph 11
In other words, even if you use a work with permission, quote it appropriately, or use it in any other way, usage that amounts to defamation of the author’s honor is considered an infringement of the author’s moral rights.
For the requirements of defamation, please refer to the following article.
https://monolith.law/reputation/defamation[ja]
Be Aware of Infringements of Rights Other Than Copyright
In this article, we have explained the relationship between product introduction videos and the Japanese Copyright Law.
However, the issues in product introduction videos are not limited to the Japanese Copyright Law.
Especially when making negative comments in product introduction videos, it is necessary to be careful about trademark infringement and violations of the Unfair Competition Prevention Act when creating videos.
For trademark infringement, please refer to the following article.
https://monolith.law/corporate/trademark-infringement-cases-illegalityjudgment[ja]
For the Unfair Competition Prevention Act, please refer to the following article.
https://monolith.law/corporate/unfair-competition-prevention-law[ja]
Summary: Be Mindful of Copyright When Creating Product Introduction Videos on YouTube
Product introduction videos contain more information compared to product reviews on blogs, hence the need to be more cautious about copyright is higher.
Especially, it goes without saying that posting videos that criticize a product and damage the honor of the author is not allowed. Also, even if it is not illegal, careful response is required when receiving a claim from the rights holder of the product.
If you ever get involved in a trouble, it is safer to consult with a knowledgeable lawyer promptly to prevent the situation from worsening.
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 in channel management and contract-related matters is increasing. At our firm, lawyers with specialized knowledge are taking measures. Please refer to the following article for details.
Category: Internet
