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.
