IPA IP 2026 Question 11
A question IPA Japan published in 令和8年度 ITパスポート試験 公開問題 問11, translated into English. ITPEC is based on the same exams.
At a fan meeting of a professional soccer team, a popular player was photographed signing autographs in a suit, and the photographs were printed and sold at a flea market. Which of the following is the most appropriate right held by the player that may be infringed by this act?
Explanation
Right of publicity — selling prints of a famous player’s image exploits the commercial value of his likeness without his permission.
The right of publicity protects the power of a famous person’s name and likeness to attract customers. Using that likeness on goods sold for profit (photo prints, posters, merchandise) without consent infringes it. In Japan it is not written into a statute but has been recognised by the courts, including the Supreme Court. Everyone, famous or not, also has a portrait right against being photographed or published without consent; the right of publicity is the economic side that matters when the image is sold.
Answer (d)
Why not others:
- •(a) — an industrial design right protects the registered shape, pattern or colour of a product, not a person’s appearance
- •(b) — a trademark right protects a registered mark used on goods or services; the player’s image here is not a registered mark
- •(c) — the copyright in the photographs belongs to whoever took them, not to the player; a person in a photo is not its author
Key rule: A person’s image sold for profit without consent infringes the right of publicity (famous people) and the portrait right (anyone); copyright in a photo belongs to the photographer.
Legal Affairs · AI-written, may contain errors
This question comes from the past questions IPA Japan publishes, translated into English by ITPEC Practice. ITPEC Practice is an independent study tool and is not affiliated with IPA or ITPEC. See the original paper (PDF) or Report an issue.