When reporting on corporate activities, financial news, or incidents involving specific companies, television news programs in Japan, like those globally, frequently display corporate logos. These visual identifiers are instantly recognizable and efficiently convey to viewers which entity is the subject of the report. However, the use of these logos, which are often protected intellectual property, can raise questions under both trademark and copyright law. This article examines the legal considerations in Japan for broadcasters using corporate logos in their news and current affairs programming.

Trademark Law: Identifying the Subject, Not Endorsing the Program

Corporate logos are very often registered trademarks (商標 - shōhyō). Trademark law in Japan, as governed by the Trademark Act (商標法 - Shōhyō Hō), grants the trademark owner the exclusive right to use their registered mark in connection with the goods or services for which it is registered. The primary function of a trademark is to indicate the source or origin of goods/services and to distinguish them from those of other undertakings. Trademark infringement occurs when a third party uses an identical or similar mark on identical or similar goods/services in a way that is likely to cause confusion among consumers as to the source or sponsorship.

When a television news program displays a company's logo while reporting about that specific company—for instance, during a segment on its financial performance, a new product launch, a corporate scandal, or regulatory action—the broadcaster is not using that logo as its own trademark. The logo is not being used to indicate the source or origin of the television program itself, nor is it typically being used to advertise or promote the broadcaster's own services. Instead, the use is informational and referential, serving to identify the company that is the subject of the news report.

In such contexts, there is generally no likelihood that viewers would be confused into believing that the news program is produced, sponsored, or endorsed by the company whose logo is displayed. The logo functions purely as an identifier of the news subject. Therefore, the display of a corporate logo in a news report solely for the purpose of identifying the company being discussed does not ordinarily constitute trademark infringement under Japanese law.

Copyright Law and Corporate Logos: A More Nuanced Analysis

The more complex legal question often revolves around copyright (著作権 - chosakuken). Can a corporate logo itself be a "work" (著作物 - chosakubutsu) protected by the Japanese Copyright Act? And if so, does its display in a news report constitute copyright infringement?

1. Copyrightability of Corporate Logos (著作物性 - Chosakubutsusei)

For a logo to be protected by copyright, it must possess sufficient originality and creativity to qualify as a "work" under Article 2(1)(i) of the Copyright Act, which defines a work as "a production in which thoughts or sentiments are expressed in a creative way and which falls within the literary, scientific, artistic or musical domain." The assessment of a logo's copyrightability is a case-by-case judgment.

• A. Text-Based Logos (Logotypes) and Typographic Designs:
  Logos that consist primarily of the company's name rendered in a particular font, even if stylized, often face challenges in meeting the threshold for copyright protection in Japan.
  • General Principle: Individual letters of the alphabet are considered common linguistic property. Standard typographic arrangements or slight stylizations of text are often seen as primarily serving a practical, informational function (conveying the name) rather than expressing a high degree of artistic creativity.
  • The Asahi Breweries "Asahi" Logo Case (Tokyo High Court, judgment of January 25, 1996, Hanrei Jihō No. 1568, p. 119) is a leading example. The court found that the well-known stylized "Asahi" logo used by the beverage company did not qualify for copyright protection as an artistic work. It reasoned that while the lettering had design elements, its primary purpose was the practical communication of the brand name. The court expressed reluctance to grant copyright protection to such typographic designs, noting that letters are, at their core, tools for conveying information and that recognizing copyright too readily in stylized text could unduly restrict their use.
  • Similarly, in the Popeye Magazine Logo Case (Tokyo District Court, judgment of February 19, 1990, Hanrei Jihō No. 1343, p. 3), the distinctively stylized "POPEYE" logo used on the cover of the magazine was deemed not to be a copyrighted work. The court found it to be primarily functional in identifying the magazine and conveying its title, rather than being a work of fine art created for aesthetic appreciation independent of its titling function.
  • Implication: Most purely text-based logos, even those with significant stylization or custom lettering, face a high hurdle for copyright protection in Japan if their expressive elements are seen as subordinate to their function as carriers of textual information.
• B. Logos Based on Simple Geometric Shapes or Basic Color Arrangements:
  Logos composed of very simple geometric shapes or basic color combinations, without significant original artistic elaboration or complexity, may also fail to meet the copyright threshold for creativity.
  • The Olympic Rings Case (Tokyo District Court, decision of September 25, 1964, Kakyu Minshu Vol. 15, No. 9, p. 2293), for example, held that the Olympic five-ring symbol, being a relatively simple design of interlocking circles and a specific internationally recognized color arrangement, did not qualify for copyright protection as an artistic work in Japan due to insufficient creative authorship attributable to a specific individual under Japanese law at the time.
  • Implication: While each case depends on its facts, logos relying on fundamental shapes or unoriginal color combinations are less likely to be copyrighted.
• C. Abstract, Figurative, or Artistic Design Logos (Non-Textual Marks):
  Logos that are primarily graphic, featuring abstract designs, original figurative elements (e.g., a unique symbol, an invented character, or an artistic rendering of an object), are more likely to be considered copyrighted works if they clearly demonstrate a sufficient level of artistic creativity and originality attributable to an author.
  • The Fuji Sankei Group "Eyeball Mark" Case (Tokyo High Court, judgment of August 28, 1997, Hanrei Jihō No. 1625, p. 96) concerned the distinctive "eyeball" symbol mark used by the major Japanese media group. In this particular dispute (which was primarily about copyright ownership and registration issues, not initial copyrightability), the court and both parties proceeded on the common understanding that this highly original and recognizable graphic mark was a copyrighted artistic work.
  • Implication: The more a logo moves away from simple text or basic geometry and incorporates genuinely original artistic design, the stronger its claim to copyright protection becomes.

2. Displaying Copyrighted Logos in News Reports: Permissible Use?

Assuming a particular corporate logo is sufficiently creative to be protected by copyright, the question then becomes whether displaying it in a news report about the company constitutes copyright infringement.

The prevailing view and long-standing practice in Japanese news reporting is that such use is generally permissible and does not amount to infringement. This understanding is based on several factors:

• Informational Purpose and Lack of Substitution: When a news program displays a logo to identify the company being reported on, the purpose is purely informational and referential. The logo is not being presented for its own aesthetic value as an artwork to be appreciated by viewers, nor does its display in a news context typically substitute for any normal commercial exploitation of the logo by its owner (e.g., on products, in advertising for the company's own goods/services).
• No Economic Harm to Copyright Holder: This type of informational use generally does not cause any economic harm to the copyright holder of the logo. In fact, it might even incidentally reinforce brand recognition, though this is not a legal justification in itself. The crucial point is the absence of market harm or usurpation of the logo's primary commercial functions.
• Widespread and Accepted Practice: The use of logos for identification in news reporting is a deeply entrenched and universally accepted practice in media worldwide, including Japan. It is an efficient and effective way to convey information clearly to the public.

While there isn't a definitive Supreme Court precedent in Japan that has specifically ruled on whether displaying a copyrighted corporate logo solely for identification purposes in a news report constitutes copyright infringement, such use is highly unlikely to be successfully challenged. If a legal justification were formally required, it would likely be found within the existing exceptions to copyright:

• Quotation (引用 - in'yō) (Copyright Act Article 32): It could be argued that the logo is being "quoted" as an essential identifier of the company which is the subject of the news report. The news report is the main work, and the brief, illustrative display of the logo is subordinate to, and in support of, the primary informational purpose of the report. The use would need to be compatible with "fair practice" and justified by the reporting purpose.
• Use for Reporting Current Events (時事の事件の報道のための利用 - jiji no jiken no hōdō no tame no riyō) (Copyright Act Article 41): If the company itself (e.g., its financial performance, a major product recall, involvement in a significant legal case, or a corporate scandal) is the subject of a current news event, its primary visual identifier—the logo—is arguably "implicated in the event" or "constitutes" a key piece of identifying information directly relevant to the news report.
• Alternative Arguments: Some legal commentators in Japan also suggest that such purely referential and identificatory use might not even constitute an "exploitation" of the logo as a copyrighted artistic work in the sense intended by the Copyright Act, or that attempting to use copyright to prevent such established and necessary news identification practices could, in some circumstances, be viewed as an abuse of rights.

Given the strong public interest in clear and understandable news reporting, the lack of demonstrable harm to copyright holders from such use, and the established media practice, it is generally presumed that Japanese courts would be very reluctant to find that the good-faith display of a corporate logo for identification in a news report constitutes copyright infringement.

Permissible Methods of Display

If the display of a corporate logo is deemed permissible (either because the logo itself is not considered copyrightable, or because its use in a news context is covered by an exception or is otherwise considered lawful), the method of display within a news program can vary according to editorial and production needs. Common methods include:

• Displaying the logo as a computer graphic (CG) in the background behind a news anchor or correspondent.
• Printing the logo on a physical flip chart or displaying it on a monitor in the studio used by presenters during a segment.
• Incorporating the logo into informational on-screen graphics or diagrams that explain aspects of a news story (e.g., showing the logo on a stylized depiction of a company's headquarters in a graphic illustrating a corporate merger, or on a product involved in a recall).
• Briefly showing the logo as it appears on the company's building exterior, on its products, or in its official press materials if these items are themselves being legitimately filmed or shown as part of the news report.

A Note of Prudence for Highly Creative/Copyrighted Logos

While the general risk of copyright infringement for using logos in news reporting is low, as a matter of best practice and to minimize even theoretical risks, particularly for logos that are clearly highly original, artistic, and thus more robustly protected by copyright:

• The use should be strictly proportionate to the need for clear identification of the company being reported on.
• Avoid displaying such logos for excessively long durations or in an unnecessarily large or prominent manner that goes beyond what is needed for identification and starts to look like a feature presentation of the logo as an artistic work in itself.
• Ensure the use remains firmly within the context of reporting on the company, its products, its services, or its involvement in a newsworthy event.

Conclusion

In summary, the display of a corporate logo in a Japanese news report for the primary purpose of identifying the company that is the subject of the report generally does not infringe that company's trademark rights, as this is not a "trademark use" by the broadcaster that would cause consumer confusion as to the source of the news program.

Regarding copyright, the situation is more nuanced. Many simple text-based logos or logos based on very basic designs are often not considered sufficiently creative to qualify for copyright protection in Japan. However, more artistic, original, and distinctive design logos may well be protected by copyright. Even if a logo is technically copyrighted, its referential and informational use in a news report to identify the company being discussed is a widespread and accepted practice. It is highly unlikely to be found to constitute copyright infringement, often justifiable under principles analogous to copyright exceptions such as "quotation" or "use for reporting current events," given the strong informational purpose and typical lack of economic harm to the logo's copyright holder.

Nevertheless, particularly for highly creative and clearly copyrighted logos, it remains a matter of good journalistic and production practice to ensure that the display is proportionate to the informational need and does not give undue or prolonged prominence to the logo purely as an artistic work in itself, divorced from its identificatory function within the news report.