氏名表示権とSNSにおける表現活動

――リツイート事件最高裁判決の内在的理解と批判的検討――

抄録

Twitter employs an automatic image clipping system, which sometimes result in the author’s name not being displayed on posted or retweeted image. The Supreme Court of Japan on July 21, 2020 ruled that a retweet of another person’s post containing an image would be an infringement of the Right of Attribution under the circumstances of this case when the image was displayed with the attached author’s name removed by Twitter’s automatic image clipping system. This article discusses the conflict and the coordination between the author’s rights and expressions on SNS through the intrinsic understanding and the critical review of this decision. The article understands that the purpose of the attribution right is to protect the interest of claiming authorship of the work. In light of this purpose, the court should leniently find that the author’s name is indicated. We doubt that the interest of claiming authorship was harmed in this retweet case. With the development of search technology, it has become easier to secure the benefit of claiming authorship. Thus, we need to explore a new way of the right of attribution.