Is there copyright in nail art? Is there a possibility of high compensation? A law graduate explains the copyright in nail art
Hello!
This time, we would like to especially recommend this to nail artists who have started their own business and are considering selling online !
I want to upload my nail designs to social media or my shop's blog, but I'm worried about copyright issues ...
Recently, we often see celebrities being charged large amounts for tax evasion and other reasons, so is there a risk that I too could be hit with a large penalty somewhere ?
Starting a business means taking on all the responsibility on your own, so it can be a little worrying .
This time, writer H , a law graduate and legal professional , will give a thorough explanation of copyright matters that nail artists should be aware of !
If you know the law, there will always be times when it will be on your side.
Is there a relationship between nail design and copyright?
there is!
There are several requirements for copyright recognition, so make sure you understand them correctly .
What is copyright?
This is the right to prevent one's work from being copied or used without permission . Anyone can obtain this right the moment they create a "work."
Definition of copyrighted work
A work is defined as "a creative expression of ideas or emotions that falls within the scope of literature, science, art, or music" (Article 2 , Paragraph 1 , Item 1 of the Copyright Act).
We'll explain in detail!
①Contains thoughts or emotions
⇨This is generally considered acceptable as long as it is something you came up with yourself (i.e. it is not a copy ) .
For example, when deciding on a nail design, a flower drawing on paper is said to contain thoughts and emotions.
②Be creative🎨
⇨It's the same idea as ①.
Even a picture of a cat drawn by a young child can be considered creative .
③It must be something that is expressed.
⇨It's not just an idea, it has to be expressed in some form✏️
For example, even if you think of an original character in your head and describe its characteristics to someone in words , at this point it is not a work of authorship .
In fact, drawing the character, even if it's just a note , will be recognized as having been "expressed" !
④It belongs to the fields of literature, academia, art, or music.
The words are difficult to use, but if we think of it in a broad sense as something "culturally constructed," there's no problem.
It might be a good idea to think of it as something you can read or appreciate ! 📚
Specific examples
We will explain the scope of copyright in nail designs with specific examples .
① Your original design was copied!
When you uploaded your original design to social media , a follower took it to another salon and a nail artist other than you copied the design exactly ...
In cases like this, it's very frustrating
Can you make sure no one else copies you? ▶︎
Strictly speaking, nail art is also protected by copyright, but it's very difficult to prevent others from copying it .
This is because nail designs can be seen as "ideas."
This puts you outside the scope of copyright law, which does not protect ideas!
To avoid being called an idea, you need to create your own unique expression and design .
By the way, it is possible to trademark your own original logo design , but it is not very practical as there are fees involved in renewal .
What should I do if my original design has clearly been plagiarized?
As a general rule, if you don't want others to copy your style or bring it to other salons, make that clear on social media or your blog .
Furthermore, if you find something that clearly copies your design uploaded to social media , ask the person who posted it to delete it .
②I want to create something similar to someone else's design!
Generally speaking , there is no problem with the atmosphere and color of "nuance nails" and "cheek nails" being similar .
This is because "XX design" hits the idea !
What is not allowed is copying a design that uses special techniques or unique coloring , including those techniques and coloring.
For example, let's say there is a 3D nail design that uses parts that are not normally used in nails .
If you create something that is identical to the original , including the parts, surrounding coloring, and the way the gel is applied, it could be considered copyright infringement .
3. I want to use famous characters and logos!
In principle, it is prohibited to include anime or manga characters or brand logos in designs!
This is an issue that concerns not only copyright but also trademark and design rights .
As an exception, it is okay to use commercially available nail stickers , etc., if the seller has paid a usage fee !
Such products will have a ©️ or ®️ mark on the packaging, so be sure to check.
Are character and idol faces and logos all prohibited ?
Basically, consider everything a no-no .
Concept nails are OK , so I'll explain in detail!
What is Concept Nail ?
These are nails that incorporate the worldview of the work in question into their design .
As long as you are not directly drawing characters, it is usually not considered copyright infringement!
Apply the pattern and color of the costume to your nails 🩵
⇨Combinations with common patterns and colors are not subject to copyright , so there is no problem.
For example, the dress color of your favorite princess, or the jersey number and uniform color of your favorite player .
Create a motif that expresses your subject on your nails👑🩷
⇨For example, if an idol group's logo has a crown and a heart , it's fine to simply put the crown and heart on your nails! Just be careful not to place them in the same position as the logo .
Measures to protect copyright
We will introduce specific measures that nail artists should take to avoid copyright infringement.
Things to keep in mind when referencing other people's work :
In today's world, where social media is overflowing with designs, you can still get a great design even if it's not original.
Some people may be worried that just because they used it as a reference or it's similar, it's not OK , but there's no need to worry!
Even if your design resembles a design made using techniques commonly used in the nail industry , copyright infringement is unlikely to be recognized .
However, be careful to avoid exact copies !
To what extent can I reproduce the design brought in by the customer?
For example, if you are using standard magnet nails or tortoiseshell nails , there is no problem incorporating them into your design .
It's best to avoid recreating distinctive color combinations and parts !
Rules for sharing other people's work
If you're a nail artist, you might post design images on social media .
Be careful, even if someone else has taken your photos , they are still subject to copyright !
Even with free materials , there may be rules such as the requirement to include credits or prohibition of editing, so be sure to check carefully .
Beware of copyrights for customer acquisition tools
Also, when it comes to running a store or managing social media , there are many things you should avoid imitating .
・Photos and videos posted on SNS
・Store logo
・Shop card
・Menu
・Nail design sample sheet
etc…
Some things are protected not only by copyright but also by trademark rights, so it's generally safer not to copy others .
With photos and videos, simply incorporating elements such as composition and wording often doesn't solve the problem, so be sure to incorporate them effectively as needed !
Things to keep in mind when taking photos of your customers
Also, although this is not often seen in nail salons, be mindful of portrait rights when taking photos or videos of customers and uploading them to social media .
Before taking photos of faces or other images that could identify individuals , please make sure to check whether it is okay to take them and whether it is okay to upload them to public social media .
You don't have portrait rights , but to avoid any issues, we recommend checking in advance whether or not you can take photos, upload them, or tag them! 🖐️
What happens if I infringe copyright?
You may need to pay a settlement fee
One way to resolve a problem without filing a civil lawsuit is to pay a settlement .
The amount will depend on the other party's claim, but if you hire a lawyer and negotiate a settlement, it will often be around 200,000 to 500,000 yen per work .
Possibility of claiming damages
If you file a civil lawsuit to resolve the issue, the court may order you to pay damages .
The amount can range from the equivalent of the license fee to the amount the court determines as "the other party has suffered losses."
If the other party is a large company, the amount could be quite substantial ... !
If it goes to criminal prosecution, you could be sentenced to 10 years in prison !
Copyright infringement is not just a matter between parties, it also carries criminal penalties 👮
You could be sentenced to up to 10 years in prison or fined up to 10 million yen ! 🌀
This can result in criminal penalties and claims for damages , so the amount can be very large ...
Full flexibility + side jobs OK ! EVERNAIL is a nail technician-first company
At EVERNAIL,
・I want to save up money to start my own business!
- I want to compensate for unstable sales after opening!
We have many staff members who aim to achieve these goals .
Also, we all check it properly, so you don't have to worry about copyright issues 😮💨
Work flexibly with a 24- hour full flex system!
EVERNAIL has a full flexible work system that allows you to work whenever you want !
You can work from one day a week . You can decide the number of days and working hours according to your schedule , so you can work efficiently .
Side jobs OK⭐️
EVERNAIL allows side jobs .
What's more, it's also open to people in the same industry , so it's recommended for those who want to create and sell their own nail tips or open a nail salon!
A reward system that is directly linked to results makes your efforts visible!
For nail technicians working at nail salons
"My salary doesn't increase even if I improve my skills"
"Long overtime but low pay"
I'm sure there are many people who have this problem .
At EVERNAIL, your salary increases depending on the number of designs you can create and deliveries you make, so your contribution and technical ability are clearly reflected in your salary .
It's great because it suits both those who want to work hard and those who want to work at a relaxed pace!
Improving your technical skills will lead to a career
EVERNAIL is the perfect environment for those who want to improve their technical skills and become independent .
You can also gather information from excellent senior nail artists who belong to EVERNAIL and nail artists who have experience working independently !
With the flexibility that only a venture company can offer, your career will steadily flourish as the company grows .
Monthly and hourly wages may vary depending on the recruitment period. For more information, please click here .
summary
How was it?
Be sure to acquire the correct knowledge and act accordingly so that you don't accidentally damage your reputation by infringing copyrights .
