Is "ita-nail" illegal?! Can you be fined?! A law graduate explains nail art copyright in a super easy-to-understand way

Hello! This article is especially for nail artists who are considering starting their own business or selling online !

When you receive a request for "painful nails," have you ever thought about how to respond appropriately?

Ita-nails are also a legal issue, and if you make a mistake you could be held liable for large amounts of compensation ...!
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 thoroughly explain the OK/NG lines for Ita-nails with concrete examples!
If you know the law, there will always come a time when it will be on your side.

What are Ita-Nails?

Nail designs featuring motifs related to manga, anime, games, idols, and more!
It is also called "oshi nails " ♪

What is copyright?

This is the right to prevent your work from being used or adapted without your permission.
This time, we will also talk about trademark rights, which are important in conjunction with copyright !

So, is ita-nail art bad?

In conclusion, the risk is high , so it is better to say no even if the customer requests it!
Anime and manga are protected by copyright, so creating "ita-nails" related to them carries a high risk of infringing copyright .

But everyone is doing it 💦

Copyright law is a private prosecution offense (a crime can only be committed if the rights holder files a lawsuit).
In other words, until the rights holder files a lawsuit, it is not considered illegal even if it infringes copyright .
Because there are so many cases and the legal costs are enormous , many rights holders are turning a blind eye to this.

On the other hand, there have been cases where high-end brand logo nails have actually been found to be illegal .
Also recently, a woman was referred to prosecutors for selling nail polish of a famous anime character without a license.
"It's okay because no one has been sued!" is a dangerous way of thinking.
Be careful, as you may have to pay both compensation to the rights holder and a criminal fine .

All of them are not allowed! See specific examples of what not to do❌

Draw the specific design of the work as it is

Example: "I want this panel from this manga on my nails!"
Copying specific images from the work exactly is copyright infringement!

Draw a character

Example: "Draw this character ♡"
Even if it's not a specific design, drawing characters is not allowed !
Copyright infringement is recognized when an average person sees something and recognizes it as " this is XX (character name) ."

Simplify certain characters

As with the above, if it is determined to be based on the original character, it is not allowed!
Even if you simplify the original illustration, which is called deformation, it is still considered an infringement.

Faithfully imitate the logo of a work, organization, or brand

This could also be a trademark infringement !
Even if you change the color , it is not okay to faithfully reproduce the outline of the logo.

For example, if you want to recreate a logo with a heart on top of a crown, try placing the crown and heart on separate nails!

Selling it under the name "XX-style design"

If you have nails with a color and pattern that evokes an anime character , it is a no-no to name the product "in the style of XX" !
This is because there may be trademarks for anime titles, etc.

OK Line Ita Nail Ideas⭕️

Nails with character names that are not trademarked

In most cases, as long as the name is not trademarked , it is OK!
There is a website where you can check if a character name is trademarked , so please check it out 🔍

Nail art featuring famous lines that are not trademarked

If you really want to have a specific scene on your nails, it might be a good idea to focus on the lines that appear in that scene.
① The line is not a registered trademark
② A list of common phrases
If it is just ordinary, unoriginal Japanese, such as battle shouts , it is often not an infringement!

Drawing a character motif

There are no copyright issues with the character's costume colors or traditional patterns (polka dots, checkered patterns, etc.).
(I'll say it again, but selling it as a ____ style design with the name of the work is not allowed ❌)

Faithfully reproduce copyright-free images and illustrations

Animals such as dogs and cats do not have portrait rights , so as long as the image itself does not have copyright , it's OK to copy them!

*What is an image without copyright ?
To put it simply, these are images found on free image sites that are copyright-free and can be copied and modified .
Images uploaded to social media sites are subject to copyright and cannot be used!

Faithfully reproducing famous paintings from the past

It's likely to be OK!
This is because copyright expires 70 years after the death of the author .
This is why you often see goods such as pouches and handkerchiefs with painting motifs .

However, you should be aware that regulations in other countries may differ from those in Japan , and there may be regulations that apply at certain times .
Also, trademark rights can be renewed any number of times, so be careful with characters and logos!
Check the website to see if the trademark is registered.

Enjoy "ita-nail" by yourself

It's OK as long as it's not for sale . But...
If a nail artist does "ita-nails" themselves , there is a higher chance that customers will order "ita-nails" as well.

Explaining this would be complicated , so if you really want to do it, it might be a good idea to make nail tips and enjoy them only on the weekends .

What should I do if I find a nail salon or website infringing my copyright?

Just don't buy or use their services !
It is not allowed to post specific store or website names on social media as this may be considered defamation .

Let's limit ourselves to providing information through services such as the Copyright Telephone Guide and the offices set up by the Japan Patent Office and the Agency for Cultural Affairs .

I've read this far, but I don't have much know-how and it might be too difficult to think of everything by myself...😭
For those people, we highly recommend EVERNAIL's nail technicians!

Full flexibility + side jobs allowed! 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 !
The minimum number of working days is three days a week . You can decide the number of working days and working hours according to your schedule, so you can work efficiently.

Side jobs allowed

EVERNAIL allows side jobs and other businesses , so it's recommended for those who want to create and sell nail tips themselves 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.