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2010.04.23

丸田祥三氏 「棄景写真剽窃被害」訴訟1

 生まれて初めて、東京地方裁判所に行ってきた。

 といっても、僕が訴訟に関わったわけではない。裁判を、傍聴してきたのである。

『棄景』(宝島社)など、廃墟写真で知られる丸田祥三氏が、同じく『廃墟遊戯』(メディアファクトリー)などの廃墟写真集を発表している小林伸一郎氏を相手に、自らの作品を「盗作」されたとして訴えた裁判だ。

 2009年1月の提訴から1年3カ月あまりが経過したこの日(4月22日)、東京地裁で初めて原告及び被告に対する尋問が行われた。被告である小林氏が出廷するのは、これが初めてだ。

 丸田祥三氏の立場から見た事件の経過は、こちら
 丸田氏のファンによる検証サイト
 ※小林氏や、小林氏の立場に立った発言は発見できなかった。

 僕が丸田氏を知ったのは、学生時代のことだ。それまでの記録的な廃墟写真とは一線を画した写真の数々。遠い、かすかな記憶を呼び覚ますような作品たちに、心を奪われた。

 以来、廃墟・廃線の写真といえば、丸田祥三氏と思っていた。数年前に「廃墟ブーム」が起きた時は、時代がやっと丸田さんに追いついてきたと思ったものだ。こんな事態になっているとは、最近まで知らなかった。

 正直に言えば、最初に検証サイトを見たときは、両者の写真が類似しているとは、さほど思わなかった。自分なりに丸田氏の作風を知っていたので、どの写真も、一目でどちらがどちらの作品かわかったからだ。

 しかし、先入観を排し、一歩引いた目で見れば、どの写真もよく似ているとも感じる。作品はどれも小林氏のほうが後から発表したものであり、信越本線丸山変電所の解説文では、丸田氏と同じ事実誤認を、小林氏も記述していたというのも気になった。

 写真に限らず、出版などのメディアでは、コンセプトや表現方法を借用する「パクリ」が横行している。先行作品に対する敬意や、表現上の大きな進歩があれば、問題にされることは少ないが、ただアイディアをコピーしただけの悪質な二番煎じも多い。

 小林氏の作品が、そうした悪質な「パクリ」にあたるかは現時点で判断できないが、こうした作品をそのまま発表するのは、写真家の倫理から見てどうなのか。

 小林氏は10年以上、丸田氏からの抗議に対して何ら返答をしてこなかったというが、盗作でないなら「誤解である」と真摯に説明すればよいのに、なぜそれを今日まで一切して来なかったのか。

 ネット上では、小林氏の主張はほとんど見ることができない。

 これは、自分の目で確かめたい……。

 ライターの末席に身を置く者として少なからぬ興味を抱いた僕は、4月22日13時、霞ケ関の東京地方裁判所を訪れた。

(つづきます)

追記:被害が確定しているわけではないので、タイトルにカッコを付けました。今夜は仕事に追われており、更新少し遅れます。

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