Generative AI: Key Takeaways from “Civil Liability for Unauthorized Use of Human Likenesses and Voices Review Committee – Final Report: Interpretive Guidelines on Infringement by Generative AI of Publicity Rights, etc.” (Part 1)

Overview

This two-part newsletter series examines the key takeaways from the “Civil Liability for Unauthorized Use of Human Likenesses and Voices Review Committee – Final Report: Interpretive Guidelines on Infringement by Generative AI of Publicity Rights, etc.”, published on August 7, 2026 by a review committee established under the Ministry of Justice of Japan. Although the Report has no legally binding force, it offers a detailed analysis—structured around seven hypothetical cases—of when infringement of publicity rights and of the right not to have one's likeness, etc. used without due cause is established in the context of generative AI, and represents a significant reference point for both practitioners and non-practitioners navigating this rapidly evolving area.

Part 1 of this newsletter series focuses on publicity rights. Building on the 2012 Supreme Court judgment in Mitsuyo Nemoto, et al v. Kobunsha Co., Ltd., the Report frames infringement as requiring three elements: (i) the person's likeness, etc. possesses customer-attracting power; (ii) the likeness, etc. is used, meaning it can be identified as that of the person concerned; and (iii) the use is mainly for the purpose of exploiting that customer-attracting power. The typical, but not exhaustive, instances are the “Three Categories” ((1) use as an independent object of appreciation, (2) differentiation of goods, and (3) advertising), supplemented by a comparable “such as” category.

The Report confirms that a person's voice falls within the “likeness, etc.,” protected under publicity rights and it addresses features specific to generative AI, including AI-generated soundalike outputs and the circumstances in which they may give rise to publicity rights concerns, as well as impersonation and voice imitation.

View original article here.

Authors:

Kenji Tosaki (Nagashima Ohno & Tsunematsu, Partner)

Hideyuki Otsuki (Nagashima Ohno & Tsunematsu)

Jun Ihara (Nagashima Ohno & Tsunematsu)

Yumi Tominaga (Nagashima Ohno & Tsunematsu)