Tokyo court rules voices may be protected by publicity rights

On September 30, the Tokyo District Court issued a ruling that voices can be protected under the right of publicity, similar to a person's likeness. The decision came in a lawsuit filed by voice actor Kenjiro Tsuda, who sought to have videos posted on TikTok removed, alleging that they imitated his voice. The court's ruling aims to deter similar infringements by making it clear that unauthorized use of a person's voice can constitute an infringement of their right of publicity.

Tsuda's attorney, Takashi Hirano, emphasized the significance of the ruling, stating that it will serve as a deterrent against similar harm. After the lawsuit gained widespread media coverage, the TikTok account operator deleted the videos, effectively achieving Tsuda's initial goal. However, the court did not determine key points, such as whether Tsuda's voice was genuinely imitated or if AI was involved.

Nonetheless, by framing its position as a general legal principle, the court highlighted that a person's voice can be protected under the right of publicity, a legal right established by the Supreme Court in 2012. Given the increasing prevalence of generative AI and the need to protect individuals from unlawful content, the ruling serves as the strongest possible message the court could deliver under the given circumstances.

The ruling aligns with guidelines previously issued by an expert panel from the Ministry of Justice. The court's decision may encourage more victims to seek judicial remedies, including content removal and compensation for damages, based on the protection of voice-related rights. According to Itochu Techno-Solutions Corp., combined losses in Japan from pirated video, game, and audio-related content, including AI-generated material, are estimated to reach 25.8 billion yen ($163 million) over the period from 2026 through 2030.