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Fri 06/08 06:26 JST
Why is it that you always see pictures of people with thier faces blurred out on Japanese blogs?
Is it because that the faces have not been blurred out but are actually of people who have blurry-face-disease?
The answer is Japanese Portrait Rights(肖像権(しょうぞうけん)) - rights introduced to "protect" folks in the entertainment industry but has become widespread enough to affect just about everybody in Japanese society. Read on to find out why I think that this is a bad thing.

Portrait Rights is a "right" that has been spread by folks in the entertainment industry. They use this right as ammunition to sue somebody who has published a picture of them without their expressed permission. While Portrait Rights are not enforced by law, the courts are usually in favor of people who sue for Portrait Rights infringement.
This means that if you post a picture of Aya Hirano without her permission on your blog - her office can then sue you.

There is a lot of documentation about Portrait Rights on the net and some of it goes as far as to say that you should not post pictures of your friends or family without their expressed permission. WTF.

They go as far as to assume that you dont like your photo taken without your expressed permission (I personally dont give a baboons bottom). Even if you take a picture of a crowd and there is somebody in the picture where you can recognize them - that person can sue you if you published that photo to a blog/flickr etc.
I go around the Japanese blog sphere and all I see are blurred out faces - even of crowds of people. Bloggers are afraid/believe that they should enforce these "rights".

I can understand introducing some sort of law to protect entertainers but having these "rights" trickle down to affect the rest of society cant be a good thing. If Portrait Rights where enforced by law then one would either have to either avoid taking pictures with faces showing, or learn to use photoshop for face blurring. Before you know it, Canon, Nikon etc will include automatic face blurring features in their digital SLR's. Japan would be a society of faceless humans on the net.

I occasionally use the Mirai mark to cover faces of people who I think may not want to be seen at a Idol photo session for example but choose not to blur out faces - especially if its just people on the street/in a crowd.
The image in this post if from JAME (Japan Association of Music Enterprises) and is of artists covering their faces...
JAME spend a lot of money on advertising to convince you that you should not publish photos which have recognizable faces.
I'm presuming that this is just a Japanese only thing because I never ever see blurred out faces on non Japanese blogs.
Categories
Polls
Frost in Philippines
Project Team Lead
Registered on 2007/01/09 16:42
First reply?

But yeah, I do find that rather weird. I understand the rule applying to celebrities but unless I'm posting someone's face or someone pic for compromising reasons, I don't see the need for this being applied to the general populace. Or else, I'll have to carry around a megaphone and shout at people to stay away from the scenery I'm taking a picture of. Either they shoo away or I sic a Gundam at them.
(ID #49262) Posted on 2007/06/08 07:07
Hwang in England
Legend
Registered on 2007/04/05 21:45
I'd agree, thats quite bizzare :/ I can understand the concept of the rule but it seems a little odd to think that some random person that just happens to be in a photo you take of a street scene could so you over it. Its pretty laughable that a law like that can even be enforced.

(ID #49263) Posted on 2007/06/08 07:17
windbell in Singapore/シンガポール, Tokyo/東京
Web Developer/ウェブデベロッパー, Photographer/写真や
Registered on 2006/12/25 12:20
Funny how smoe people don't want to get such free advertisements of their faces on blogs ^^

BUt in any case, asians are typically much more shy with photos. Try standing near a busy street with people and take a shot. Most of them will avoid being taken.

Or they could always buy a couple of Stormtrooper helmets to cover their faces ^^;
(ID #49264) Posted on 2007/06/08 07:47
BeLe in Davao, Philippines
.NET/Web Developer
Registered on 2007/01/03 16:36
I'd have to agree that it might be useful for entertainers or celebrities and the likes...but other than that I don't think it should apply to normal people.  It just doesn't make sense.  
(ID #49265) Posted on 2007/06/08 08:09
erdpilz
The problem with restricting protection to celebrities is: who qualifies?
I'd certainly hate to have my photo all over the internet just 'cause I was, e.g., injured by Hirano Aya falling off the stage.
(ID #49266) Posted on 2007/06/08 08:50
icie in Sydney
Actually they have something like that in Hong Kong as well. When you see the news on TV, there are blurred out faces of people in the crowd, but it's not really consistent.

Even so, it must really suck to blog in Japan, unless you have face detection software which can automatically block out the faces for you...otherwise its a whole lot of RSI pain.
(ID #49267) Posted on 2007/06/08 08:57
drumben in London, UK
Student/Frame Runner
Registered on 2007/05/24 00:07
i have a friend who was taking photos, for an art project, in the street. as far as i know there are no laws like Japan's in the UK, but my friend happened to take a photo of a man who believed that a photograph took away part of your soul. this man was not happy ^^  but what is he supposed to do? delete it?
(ID #49268) Posted on 2007/06/08 09:36
Sakimichi in Philippines
Scanlator, iCONIST, Web master
Registered on 2007/05/14 14:05
omg, i'd like to say WTF now! There are already fansites that has faces from jap actors/actresses and even singers. I can't imagine putting a blur on his/her fave >_
(ID #49269) Posted on 2007/06/08 09:48
AslanCross in Naos Elyon
Castigator of Students
Registered on 2007/04/16 12:41
For celebrities, it's a good thing--I guess it helps regulate the distribution of images where the visual appeal of actors and j-idols is what makes them sell. 

For other people? It's kinda silly given how packed urban Japan is. It's just not practical and almost impossible to avoid catching "innocent bystanders" in a photo shot. 
(ID #49270) Posted on 2007/06/08 10:03
Henry in Makati, Philippines
anime/cosplay events organizer
Registered on 2006/12/25 19:17
so that's why some japanese blogs use the laughing man on some of their pictures at first i thought to protect the profiles of the people in the picture and i guess i was partly right ^^

Japan Portrait Rights is not that evil 'coz it's designed to protect the interest and the investment of our friends in the entertainment industry but the idea of this affecting ordinary folks is plain preposterous.

but if you look at it, it shows that the japanese highly respects laws imposed by the government no matter how preposterous it is.
(ID #49275) Posted on 2007/06/08 10:29
Hatix in Antwerp, Belgium
IT, Programmer, ...
Registered on 2007/04/25 05:14
If it's not a real law, and you're not a Japanese citizen (or your blog/website is outside Japan), what can they do? (cause in fact I have a picture of Hirano Aya on my blog somewhere :D funny you used that example ;p)

I've always wondered why they did it, and had an idea that there would be something like this. I can understand it when it is used for witness protection, but for people in the entertainment industry? So only the good shots are allowed to be published? :P
(ID #49278) Posted on 2007/06/08 10:48
lanie-emon in Keldabe, Malaysia
Mandalorian in training + Otaku...
Registered on 2007/06/05 11:28
Ugh, touchy subject I guess in Japan. For celebrities its fine, because they have that copyright issue. But for normal people to use this law, I find that it is kinda ridiculous. I mean if you are a police that picture compromise your identity (as an example), fine, but it's quite ludicrous that people it is considered an offence to take picture of people in street and event's.
(ID #49280) Posted on 2007/06/08 11:03
Hangmen13 in Sabah, Malaysia
Aimless Traveler
Registered on 2007/04/21 21:19
Assuming that I took a picture of a Gundam from someone's blog without permission, will it be considered not an offense if I blurred the face of the Gundam? Or is the rights does not cover inanimate, non-living objects?
(ID #49283) Posted on 2007/06/08 11:40
Hangmen13 in Sabah, Malaysia
Aimless Traveler
Registered on 2007/04/21 21:19
In reference to my post below (forgot to add this), isn't a Gundam considered a sorta celebrity because it's famous everywhere on earth?
(ID #49287) Posted on 2007/06/08 11:44
Gerbera04g in New York City
Art Student
Registered on 2006/12/26 02:46
Oh! Never heard about this. I always run into blurred faces on tv when a interviewee is trying to protect his or her identity, but I never knew their could be a lawsuit behind the use of someone's portrait without permission.
(ID #49291) Posted on 2007/06/08 12:52
Zer0 in Singapore
Keyboard Warrior
Registered on 2007/01/11 18:55
In Singapore, we don't blank out faces but car registration plate numbers. This is to protect the privacy of the car owner as you can look up a person's personal information i.e. residential address by checking with the registry of vehicles (information is legally available for a fee)
(ID #49295) Posted on 2007/06/08 13:59
Zeroblade in Manila, Philippines
Student
Registered on 2007/04/10 21:47
Huh, I simply thought the face-blurring was out of consideration to help preserve identities and such on blogs (wouldn't wanna be known as an otaku in Japan, right?). I kinda understand the whole thing, but rather than allowing *insert person/party* to sue you, I think they could just have you remove/censor the picture if it's requested. This way, we have both good sides and everybody wins.
(ID #49299) Posted on 2007/06/08 16:03
Arekusu in The Lost Woods
Dai Gurren Dan member
[f] 
Registered on 2006/12/31 18:24
And there was me thinking that all cameras were fitted with special facial blurring devices that blur peoples faces when necessary. There goes my idea *sigh*

Or is it perhaps that our cyborg brains have been hacked and that infact the photo is not blurred but due to the hacking in our brains we are thus unable to view the faces of those in the photos? (no i haven't been watching too much ghost int he shell xP)
(ID #49305) Posted on 2007/06/08 18:26
D_Blade in Montreal
Non-profit org. volunteering work addict
Registered on 2006/12/31 22:48
People are getting more and more paranoid those days.

Fear of perverts, paparazzi (since when you became one Danny?), stalkers and other unwanted fans...

I wonder what would happen if:

- You asked everyone if they wanted to be on your pic before taking it (with a megaphone for more effect);
- You photoshopped like crazy (nah, forget this idea)
- If animals would protest like that too...

Of course if you write bad things about otakus or spy on them individually...

Needless to say all those hypotheses are completely absurd.
Humans are crazy living beings.
(ID #49309) Posted on 2007/06/08 20:22
AndyH in Birmingham, UK
3D artist
Registered on 2006/12/25 10:08
Blimey - thats a bit mental...
Sounds like more of an American thing - yknow - "sue everyone"!

I always wondered why sites like moeyo always covered up peoples faces.
Hope none of the people i saw on my travels see the photobook i made of my tokyo pictures.... ^^;

(ID #49316) Posted on 2007/06/08 21:29
chun in home feeling sleepy LOL
part time illustrationist, doll clothing seamstress
Registered on 2007/01/09 14:33
I usually blur or censor my face if I think I look goofy :P as for the rule I'm glad I know now! :O
(ID #49320) Posted on 2007/06/08 22:01
Tragic comedy in Singapore
Animator/ graphic designer
Registered on 2007/04/10 22:55
coming from a place where censorhip laws are still firmly entrenched in the 80's mindset(thanks to some old oba-sans and oji-sans o_0) i must say that censorship in any form really sucks.
(ID #49332) Posted on 2007/06/09 01:02
Kururu_luva in Richmond, BC Canada
Registered on 2007/01/20 17:05
 Yea this  is pretty bad. Imagine you just want to take a pic of the city and streets, etc....Then anyone in the pic can sue you. This just sounds pretty ridiculous
(ID #49349) Posted on 2007/06/09 02:48
Danny Choo in Tokyo
Director/代表取締役
Registered on 2006/12/11 11:06
Hangmen13,
Good point!
(ID #49390) Posted on 2007/06/09 12:58
Arrot in Illinois U.S.A.
Undecided Major; Student
Registered on 2006/12/31 08:21
This is one of the more stupid things I  have ever heard. (not really but i'm using the line.) I say yes, to portrait rights if your using it for commercial reasons that you gain profit from in material or non material form.

But no to portrait rights if your just posting pictures/taking pictures unless the person in question requests to have it removed from your blog.
(ID #49473) Posted on 2007/06/11 12:07
omesius
Portrait Rights... Balogna! I'm guessing there is no such thing as public domain or public property in Japan.

In the U.S., as long as you are on public property, everything is pretty much open game. You can even take pictures on private property that is open to the public. You can't on the other hand take pictures of people and certain places that have a reasonable expectation of privacy. This includes places that are not easily seen by the general public and some military installations and operations.

Publishing on the other hand — you can publish almost anything for the sake of news. You cannot publish private facts or anything that defames a certain place or subject. You also can't publish pictures of a specific subject or place if you plan to make money off them. For example, advertising.

There is a whole lot more to this, but I just can't type and explain everything and I'm not an expert. I'm just going off on what I read and heard off books, news sites and my design teachers (one who happens to be a professional photographer).

Or, you can just be like me and have a release form on you at all times.

Here's a pretty interesting peice of paper I have with me at all times (does not pertain to people outside of the U.S.):

http://www.krages.com/ThePhotographersRight.pdf
(ID #49543) Posted on 2007/06/12 13:10
Registered on 2006/12/30 10:06
I suppose there are no "portrait rights" outside Japan, because there is a body of case law that denies it, at least in the West.

If a person is in a public space, they don't have the rights to photos taken of them.  Conversely if you are on private land then there can be no overriding public interest unless you are in the middle of committing, say, a triple murder.

Whereas in China anything can be taken care of with a bribe...
(ID #49592) Posted on 2007/06/13 11:04
syrix in U.S.
student
Registered on 2007/03/21 09:30
Good to know about this kind of thing before hand.  Might be heading to Osaka soon and plan to take many pics, I don't know if people that I take will come all the way to sue me in the U.S., never really heard of something like that here.
(ID #49687) Posted on 2007/06/14 23:12
n.n in Singapore
Just to stir the pot a little, how do you square that with all those privacy paranoiacs in the West who bitch about Big Brother setting up closed-circuit cameras in public spaces? Two sides of the same coin!

I personally think that people in public are "in public" and not entitled to complain when they're SEEN (or photographed) in public, but that's JM(NS)HO.
(ID #50013) Posted on 2007/06/20 01:53
kurz in Malaysia
Student
Registered on 2007/09/04 00:58
i saw ur new posts now n the pics are not sensored..or u do it for the jap version only? not really important oredi?
(ID #56439) Posted on 2007/09/05 16:35
Benjamin Takeyo in Lieu de la batille decisive
ひきこもり/Hikikomori. Suits my current state more than a 大学生/University Student. ^^
Registered on 2007/12/04 23:16
"Faceless community on the net"

Hahaha... That's gold.
(ID #66100) Posted on 2007/12/06 03:22
lostandfound in a UFO... catcher...
Part human, part student, 100% loser
Registered on 2007/10/22 02:10
Japanese are shy people afterall... And LOL @ Blurry faced disease~
(ID #168323) Posted on 2008/04/08 23:43
thebenwellhopper in Newcastle upon tyne,England
Student commercial photographer
Registered on 2008/05/28 06:24
The way to stop this Is to stop publishing pictures of celebrities and politicians Denigh them the publicity until they change the law
(ID #198520) Posted on 2008/05/28 06:28
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