Memorial Album of the Late "Queen of Enka" Yashiro Aki Released
Includes Two Previously Unpublished Nude Photos as Special Bonus
Family and Japanese Netizens Protest, but Legal Restrictions Are Difficult
In Japan, the sale of a memorial album featuring nude photographs of the late "Queen of Enka," Yashiro Aki, has sparked controversy. However, it is reported that it is difficult to legally prevent the sale of the album, as the right of publicity is considered to have expired upon her death.
According to a report by the Japanese media outlet "Flash" on June 13, the record company New Century Record began selling Yashiro's memorial album the previous day, including previously unreleased nude photographs of her as a special bonus. These photos were taken with a Polaroid camera by a director who lived with Yashiro when she was 24 to 25 years old.
New Century Record claims to hold the rights to these photographs. The company stated, "About 25 years ago, we purchased the rights to over 250 songs as well as Yashiro's private photographs, so we own them," adding, "We also have the sales contract in our possession."
However, Yashiro's bereaved family and Japanese internet users have strongly protested, arguing that this act "violates the dignity of the deceased." Million Planning, Yashiro's agency during her lifetime, also issued a statement on April 14, saying, "We are preparing all possible legal actions, both criminal and civil." On a Japanese online petition site, a campaign was launched titled "Protect the Dignity of Yashiro Aki and Prevent Revenge Porn," which has garnered 85,656 signatures.
Despite this, New Century Record pushed ahead with the album release on April 21 by accepting payment via postal mail. Although they temporarily suspended orders after all cooperating manufacturers withdrew, they resumed sales on their official website on June 12. The company explained, "Since around April 18, media outlets and other sources have caused a commotion, and all manufacturers that had been producing the product refused to continue. We responded by creating our own pressing plant." The company also hinted at the release of subsequent albums, stating, "Now, we can stably supply a second and third edition."
In response, criticism has mounted on Japanese social networking services (SNS), with comments such as, "Why are they so desperate to push ahead with these sales?", "I will distance myself from anyone who buys this," and "If they don't stop selling, I won't use that store."
Regarding the release of the nude photographs, Masaru Wakasa, a lawyer and former head of the Tokyo District Public Prosecutors Office Public Security Department, told Japanese media outlet Fuji TV in April that "Yashiro's right of publicity expired upon her death," making it difficult to recognize a violation of this right. He also stated that it would be difficult to apply the "Revenge Porn Prevention Act" in this case.
He explained, "The Revenge Porn Prevention Act was originally enacted to prevent the distribution of private sexual images as an act of retaliation after a breakup between partners. In other words, it applies only when there is a motive of 'emotional revenge' against the other party. Even if there is a dispute between the record company and the bereaved family, if the photographer did not harbor a motive of revenge against the deceased, it is difficult to apply this law."
However, he pointed out, "Regardless of whether it is legally illegal, from a business perspective, this is a highly unjust practice," adding, "There are also serious ethical issues."
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