High Court Rules Painter Accused of 'Plagiarism' Innocent, Orders Public Interest Foundation That Issued Sanctions to Pay 2 Million Yen in Damages (Bengoshi JP News)
The Tokyo High Court upheld a ruling finding sanctions against a painter over plagiarism accusations illegal, ordering the Japan Art Institute to pay 2 million yen in damages.Summary
The Tokyo High Court upheld the lower court's decision in favor of painter Yukio Umehara, who had been sanctioned by the Public Interest Foundation 'Japan Art Institute' (Nihon Bijutsuin) on suspicion of plagiarism, leading to his dismissal as a director and a one-year ban from exhibitions. The High Court ordered the Japan Art Institute to pay approximately 2 million yen in damages, affirming that the sanctions were illegal and invalid. The dispute began when another artist alleged Umehara's work closely resembled hers. The court found that while the Institute based its decision on 'resulting responsibility' rather than direct copying, the dismissal and exhibition ban constituted an excess or abuse of discretionary power, causing significant harm to the painter's career. While the court rejected claims for damages based on defamation regarding an article published on the Institute's website, the High Court noted in its ruling that the necessity of keeping the article online had been lost, implying the initial rejection of the claim for article removal was flawed.
(Source：Yahoo!ニュース)