Is the “Takeuchi Generator” potentially infringing? EVA Air: It was done with good intentions and no lawsuit will be filed

Reported by Chen Tzu-yin / Taipei

The 40-year-old Podocarpus tree on Chishang’s Brolin Boulevard (dubbed the “Takeuchi Tree”) that became famous after Takeuchi Masahiro filmed an ad under it has met controversy — “trouble follows fame” — whenit was uprooted during Typhoon Matmo. Taitung County Government and EVA Air scrambled to save the tree, and the next day managed to right it and replant it in its original spot. This sparked online skepticism: “There are so many trees in Taiwan, why single out the Takeuchi Tree?” Somenetizens even KUSO-created a “Takeuchi Generator” — just upload a photo and Takeuchi appears everywhere!Even Chiayi Mayor Huang Min-hui shared a photo of Takeuchi touring Chiayi, saying, “I really hope he can take a little trip to Chiayi.” However, as the images used on the site were originally from EVA Air’s “I See You” commercial, there may be concerns about potential copyright infringement. In response, EVA Air stated that as long as there is no commercial gain involved, they will not pursue legal action.

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▲Netizens have KUSO-created a “Takeuchi Generator” website where uploading a photo puts Takeuchi into your scene. Even Chiayi Mayor Huang Min-hui couldn’t resist sharing, expressing hope that Takeuchi could also visit Chiayi for a short trip. (Photo / Screenshot from Facebook)

EVA Air further explained that it’s common to see netizens’ creative KUSO content online. As long as the usage is made in good faith, without commercial intent or profit, they will not consider legal action for infringement. Additionally, regarding the attention drawn from actively rescuing the Takeuchi Tree, EVA Air said that the tree, which became famous due to their ad, shares a kind of fate with the airline. When the typhoon caused the tree to fall, EVA Air was naturally willing to lend a hand, and hopes to use this opportunity to highlight and promote the importance of tree protection — not just for the Takeuchi Tree, but for all trees.


▲Of course, you can also have Takeuchi “return to the scene” and relive his look under the tree. (Photo / Reporter Chen Tzu-yin)