Former porn star Saki Otsuka reaches settlement over post-retirement releases

Former porn star Saki Otsuka has reached a settlement with an adult toys maker over the sale of products featuring her.

Though seven years have now passed since Otsuka — once a top performer in the JAV industry — retired, “new works” continued to appear on the market and be sold without her consent. Otsuka had sued, seeking damages (and, of course, to set a precedent for other ex-performers).

The legal challenge has taken two and a half years, but was apparently concluded in January, reports Bengo 4.

Otsuki first learned that “new” products were being released with her name and image in June 2019. She was asked on social media if she was returning to the industry and was shocked to see why fans had thought this.

The products used photographs from when she was an AV performer and were printed with her autograph, as if she had endorsed them. (It isn’t stated explicitly in the reporting of the case, but we presume this was a “clone” masturbator toy and/or lubricant.)

Another product had taken a photo Otsuka had taken of another porn star and claimed it was a “collaboration” item. Otsuka had received payment as photographer for the shoot but no compensation for the use of her photographs on such spin-off items.

Her agency had ceased operations in 2018 and she had received no notification about the sale of these items.

The manufacturer promised to stop selling the products by the end of July 2019, but they remained on sale through 2020. This prompted Otsuka to sue for infringement of her privacy, publicity, and image rights.

The manufacturer argued during the case that it was not responsible because the images were taken while Otsuka was working in AV, and the photographs were taken as publicity for a future collaboration, which actually came out in late 2016. The company claimed that Otsuka had taken too long to realize and make a complaint.

Otsuka worked in porn from 2004 until 2012. She is unusual in that she had maintained a high profile since retiring while continuing to use the same professional name.

This case will likely set a precedent for how long it is permissible to keep releasing products using the image of an AV performer after she (or he) has nominally left the industry. Otsuka has said that she thinks three years is the limit.

In the settlement, the manufacturer agreed to cease sales of the products and to recall and destroy all stock, as well as delete all digital data it has of Otsuka’s images. It also promised never to use her name on future products or in promotional materials.