Regarding the Amicable Settlement of Murakami's Lawsuit Regarding a Breach of Copyright

Report on the Results of Narumiya Lawsuit

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Regarding the Amicable Settlement of Murakami's Lawsuit Regarding a Breach of Copyright

Regarding the Amicable Settlement of Contemporary Artist Takashi Murakami's Lawsuit Regarding a Breach of Copyright


The Lawsuit in which Takashi Murakami brought charges against children's clothing manufacturer Narumiya International Co. Ltd. (main branch: Minato-ku, Tokyo, cert. JASDAQ 3364) has ended today, April 24, 2006, in the form of an amicable settlement.

Reasons for Amicable Settlement

Regarding the copyright lawsuit that I was involved in against Narumiya International Co. Ltd ("Narumiya")'s "Mouse-kun" character (Tokyo District Court, Case No. 16146, 2004), the Tokyo District Court handed down an opinion which admitted that some of the "Mouse-kun" characters (see Materials-1, [2-4]) do resemble the Takashi Murakami copyrighted work, "DOB-kun" (see Materials-1, [1]), and advised both parties to reach an amicable settlement. Upon receipt of this opinion, I have decided to respect the District Court, and settle matters with Narumiya amicably.

 
Murakami's Comments

Personally, I am unable to agree with every aspect of the court's decision. This is particularly due to the court's opinion that one of Narumiya's characters currently in use, "Mouse-kun" (see Materials-1, [5]), does not significantly resemble "DOB-kun." However, as Narumiya has expressed regret around this incident, has promised to respect intellectual property rights, has promised to establish a company stance of compliance, and also, as it has promised to pay what I consider a reasonable amount of money for a copyright infringement case, I have decided to accept the Court's advice to settle amicably.

The concept of originality is the lifeline of contemporary art and culture as a whole. I consider the respect for intellectual property as an essential element for the development of ideas and culture in our societies, and this is generally agreed upon by most, at least in principle, if not in fact. But in a world where the dispersion of images and the technical means are growing exponentially, it has become more and more difficult for artists to protect their rights.

I love and care for each of my artworks, carefully thinking through each concept, and pouring into them my heart and soul. The characters that I create are not just characters; they are also art. Through exhibitions that I have curated, or through essays and interviews, I have explained and denounced many times, that in Japan, the societal recognition and understanding of art remains low. Japan, as a country, displays a striking lack of cultural consciousness among its citizen, and is often utilitarian and lacking respect for the development of art and ideas. However, it is important not to resign ourselves to these conditions, and to ask society to recognize the value of the originality of art. I will continue to pour my energy into accomplishing this.

 
Materials-1

-Plaintiff (Takashi Murakami) Copyrighted Work "DOB-kun" [1]
image


-Defendant (Narumiya) Copyrighted Work "Mouse-kun"
Copyrighted works [2-4] were decided to bear resemblance to Murakami's copyrighted work, "DOB-kun."
image


-Copyrighted work [5] was not considered to bear resemblance.
(However, Murakami does not agree with this ruling.)
image

 
Materials-2

-Profile
-Please click here for Murakami's Introduction page


-For articles about Murakami, click the following links to go to the article:
-Nihon Keizai Shinbun (3/16/2006)(in Japanese)
-Kahoku Shinpou (1/19/2006)(in Japanese)
-Asahi Shinbun (5/16/2005)(in Japanese)

 
For Inquiries Regarding this Case

Kaikai Kiki Co., Ltd.
Please call +81(Japan)-090-5990-3288 (Chiaki Kasahara)
Or email (Masako Iida)