Copyright is a vital component of works of art in the modern era. The creative right will ensure that your unique ideas and expressions are not copied or misused by others without permission.
In Japan, a case involving an eye-catching art ‘Goldfish Telephone Booth’ highlights the importance of exclusive rights in the world of art. This art installation was created by an artist named Nobuki Yamamoto. The artwork features a water-filled telephone booth and live goldfish.
However, over time similar installations have emerged. Yamamoto claims that it’s a copy of his original idea. This is where the exclusive rights dispute began. So, how did it happen? Let’s learn the case in Japan below.
The Chronology of the Goldfish Phone Booth
In December 2000, Nobuki Yamamoto released the artwork of the installation with the title of ‘Message’. This special piece showed a goldfish swimming inside a phone booth.
The artwork was made to look like a phone booth filled with water, where goldfish swam around. This amazing booth also included unique touches like bubbles emerging from the telephone receiver.
Eleven years later, in October, Goldfish Club, a student group from Kyoto University of Art and Design, reused a broken phone booth into a water tank filled with dozens of goldfish. They showed this installation for a week at Osaka Nakanoshima Park.
In 2013, this installation was moved to a local group in Yamatokoriyama. It was first displayed there with the name of ‘Goldfish Telephone’ and became ‘Goldfish Club’ then.
This artwork became a popular tourist spot in Yamatokoriyama from 2014 to 2018. For your information, Yamatokoriyama is a city known for its large goldfish production.
Therefore, Yamamoto decided to take legal action for infringement against those he believed had copied his artwork without permission in 2018.
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The Copyright Dispute
Yamamoto, as the plaintiff, declared that his artwork installation is original. However, the defendant was taught that the idea of putting a fish into a telephone box is general. They also argued that bubble-making a handset was not a creative idea.
They claimed that the design of the handset naturally caused air bubbles to appear when the air was pumped into the water. This happened because Yamamoto decided to put goldfish in the phone booth.
The Court of First Instance (CFI) agreed that the idea of Yamamoto is original. However, the court noted that just having an idea alone is not protected by Japan’s Copyright Act.
Regarding the design of the bubble from the handset, the CFI also agreed with the defendants. They think that if you want to create bubbles from something in a public phone booth, it makes sense to use a telephone receiver with a hole.
In simple words, once you choose an idea, there are only a few ways to make it happen. So, there is not much room for creativity in how you do it.
But Yamamoto still argued that the artwork from the defendants was too similar to his masterpiece. It was too hard to think of the idea without using his artwork installation in the first place.
The Court’s Decision
Before making a decision, the Court of First Instance considers three important points for the copyright dispute. First, the difference between telephone boxes outside the structure. One is yellow and green, and the other is red. Yamamoto uses aluminum and iron frames and the defendant’s team uses real public telephones.
Second, both artworks have different telephone models and colors installed inside. Third, the court thinks that the two telephone handsets were the same when it came to making things float and creating bubbles.
However, the CFI considers the third point the only similar aspect of both artworks. So, it’s not enough to indicate copyright infringement.
In early 2021, the Osaka High Court rejected the CFI’s decision and ordered Nobuki Yamamoto to pay JPY 550,000 for the creative rights infringement.
The Osaka High Court argued that Yamamto’s artwork was covered by the laws, including the idea of air bubbles. They ruled that the artist’s choice to create air bubbles was a form of creative expression. And finally, Nobuki Yamamoto won the dispute for his installation of a goldfish telephone booth.
Impact of the Case for Artists & Creators
The case involving Nobuki Yamamoto and the goldfish installation artwork has a significant impact on the artists and creators, especially for intellectual property protection. The ruling confirmed that an artwork can be protected by intellectual property laws.
It means that artists or creators have legal backing to defend their creations for imitation or plagiarism. It also underscores that securing your creation’s exclusive right is important to safeguard your authentic artistic ideas.
Sometimes, the scope of an idea’s authorship may be debatable. Recognizing Yamamoto’s artwork as protected, helps define the boundaries of exclusive rights. It can be a guide for creators in understanding what aspects of their work are protected.
This artwork installation case also raises awareness about the importance of respecting intellectual property rights. It becomes a reminder to all artists and creators about the legal and ethical considerations of using someone else’s creation.
So, from the explanation above, we can conclude that creative rights are becoming essential to protect our masterwork from any kind of dispute and infringement. You can trust the legal protection for your brilliant artistic work to Am Badar & Am Badar.
With comprehensive Copyright Services, you can get the exclusive authority to recreate or reproduce and also control your idea from misuse by others. For a more detailed explanation of the complex laws, you can consult us via contact.
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