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NEWS: Negima's Akamatsu Warns Against Changing Japan's Copyright Law


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jtstellar



Joined: 13 Apr 2007
Posts: 72

PostPosted: Mon Oct 31, 2011 1:27 pm Reply with quote
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"According to Fukui, if Japan joins the TPP, copyright violations will no longer be offenses which require a formal complaint from the injured party for prosecution. Under the current Copyright Law, the police and prosecutors cannot act against copyright infringement unless the copyright holders themselves file a complaint. The proposed changes under TPP would also allow statutory damages to be levied against defendants. "


of course copyright owners should at least have the effort of looking into these and assess damages and filing complaints themselves.. the whole point of copyright law is to incentivize creators of these works to their future works so people don't stop innovating.. but the financial gain they each see as incentives obviously vary person by person.. if someone WANTS his work to spread and cares not enough to be even looking into claims of infringement because maybe the financial difference is minuscule, what place does the police and other bureaucracies to step in and prosecute in his place? not to mention if they claim some 10, 15% operating 'fee' incurred by the police and prosecutors and potentially a judge, each taking a slice every time a prosecution is made, doesn't that incentivize police and these bureaucracies to file more claims? and how do they know the balance between free advertising and alleged recovered losses from these lawsuits? nobody can freaking know. it might cost more to send the police and file a suit than any damage they actually recover for all they know.

not to mention in these hard economic times, the ones thriving are the more international companies.. these copyright law expansions will again have taxpayer funded police and prosecutors working for these international big companies to shore up small profits and discourage people from nipping away their profits.. so essentially government is going to help their favorite big businesses again and pick more winners and losers since duh they're not going to have personnel to go after each potential copyright violation. who do you think they will go after? of course the government favored businesses namely the international, big ones. even if they do it 'fairly', business are still consolidating toward the big ones in this environment, so they still benefit disproportionately. last thing the anime industry need is corporatized animation businesses.. it will go down hill just like corporatized pop music.

these babyboomer legislators really have no idea in hell what they're doing.. their uselessness is proven and applied across the globe in every country. and the US of A with some of the most incompetent domestic laws is going around the world to teach everyone to legislate just as poorly.. right.. let's pass another 1000 page of regulation see if that makes things better or worse.. christ..


Last edited by jtstellar on Mon Oct 31, 2011 6:35 pm; edited 7 times in total
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mrdarkrai



Joined: 30 Aug 2011
Posts: 21

PostPosted: Mon Oct 31, 2011 1:31 pm Reply with quote
Well, japan becomes a fad if this passes. We'll look to another country with better progressive, reasonable laws to import entertainment form.

Cuba?

The thing is, the Governments want to make more money, they don't care if the GDP drops as result. Same with ACTA. Culture is maybe the most profitable important thing a person can sell. Wherein these dinosaurs want to sell physical products as if they are worth anything at all. Entertainment is not food. Its much more ethereal.
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Nemo_N



Joined: 12 Dec 2006
Posts: 258

PostPosted: Mon Oct 31, 2011 1:39 pm Reply with quote
Why would any rational being want a copyright law like the one currently used by the U.S.?

Also, here is a piece about one of my favorite works made out of criminal, world-destroying, baby-raping copyright infringement: How Copyright Infringement Turned Vampires Into Big Business
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Great Rumbler



Joined: 03 Oct 2006
Posts: 200
Location: Oklahoma

PostPosted: Mon Oct 31, 2011 1:48 pm Reply with quote
I really hate the last one. In this day and age of instant communication across the entire world and digital distribution of media to anyone with an internet connection, they're STILL trying to block off regions through arbitrary boundaries to keep people from getting cheaper stuff elsewhere. It's stupid and the sooner it ends the better.
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Gon*Gon



Joined: 29 Sep 2011
Posts: 679

PostPosted: Mon Oct 31, 2011 1:56 pm Reply with quote
oh Japan...if you want to use other countries as a model to design your law after, you don't choose the ones with the most retarded laws! Rolling Eyes
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streexanime



Joined: 22 Nov 2004
Posts: 66

PostPosted: Mon Oct 31, 2011 2:12 pm Reply with quote
I can totally understand Akamatsu's issue with the change. While yes creators like the idea of their works getting parodies, publishers who actually hold the agreements and license to said story are the ones who usually don't. They see it as money their business could have been getting. Anytime I see a dispute about fanwork getting a notice about copyright infringement, it's rarely on behalf of the creator. The cease-and-desist I see are usually some branch the holds a licensing right. Sometimes the copyright holder tries argue the license covers anything that is third-party (Yes, I'm referring Harmony Gold and their f*cked up litigation over one series....)

Yun Kouga and Clamp were started by doujinshi. There are plenty of other famous artists who did their work in the "underground" before being discovered.

With copyright, it always seems to be a very thin line between creating something to show appreciation and homage to a series and down right trying to substantially profit from someone else's work. At least from a litigation point of view. You have JK Rowling who appreciates that fans make things and then you have someone like Anne Rice who banned fanworks from the internet (though 4chan regularly has threads as a big f*ck you to her).

I can understand that copyright laws are meant to protect the intellectual work of another and to squash out bootlegging, but I see more uses of punishing those who mean no ill intent. It is used rather as censorship, than a tool to protect.

Reading over the version they will to update to, is more about protecting a business's right to profit rather than an acknowledgement of intellectual property. While I am not anti-business, I see this specific copyright law as censorship and blocking creativity of others. Business doesn't like creativity it can't harness for itself.
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enurtsol



Joined: 01 May 2007
Posts: 10480

PostPosted: Mon Oct 31, 2011 2:21 pm Reply with quote
Heh, foreign companies don't care how the new possible copyright law would be enforced on anime or manga in Japan - they're just there to protect their own copyrights. It's still up to the J-companies and J-authorities to let things go the way things are now specifically with regards to anime or manga.

At least this may result in J-law de-criminalizing copyright violations down into civil case. And ya can't have different copyright situations amongst signatory countries, such as something becoming public domain in Japan but still copyrighted in the US. That'd be a mess.
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TheAncientOne



Joined: 06 Oct 2010
Posts: 971

PostPosted: Mon Oct 31, 2011 2:42 pm Reply with quote
No surprise that the move to make the copyright laws of Japan and the other countries more "uniform" is in fact to make them the same as the U.S. law.

Heaven forbid the U.S. should compromise and shorten the copyright terms here to align with those of Japan. But then their corporate overlords, I mean lobbyists, would never stand for it.
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PetrifiedJello



Joined: 11 Mar 2009
Posts: 3782

PostPosted: Mon Oct 31, 2011 3:32 pm Reply with quote
Quote:
Ken Akamatsu warned on Monday that proposed changes to Japan's Copyright Law would "destroy" derivative dōjinshi works, and he added that the power of the entire manga industry would diminish as a result.

While it's nice to see an artist actively stand up against such regulation, this statement makes me wonder if Akamatsu's just making noise for himself.

The dojinshi market flourishes because the anime industry turns a blind eye to it. They know full well if they were to go after it, the backlash would be severe and this, not copyright protection, would cause the market to fail.

Now, the person who probably could stand to make people sit up and take notice: Eiichiro Oda.

I believe if he says no to TPP, publishers and distributors will take notice. You don't say "no" to someone who's earning billions for the industry.
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Kaibaman21



Joined: 03 Nov 2010
Posts: 26

PostPosted: Mon Oct 31, 2011 3:34 pm Reply with quote
My F*cking God! This TRULY MAKES MY POINT EVEN MORE VALID. Hollywood,The RIAA and MPAA will not stop their tyrannical movement of Internet Censorship or just plain ole Censorship in General until they have everything!

Our Entertainment Industry slowly having Acta in place(signed October 1st)
The Anti Streaming Bill(Which Justin Bieber himself publicly hates the bill)

And The Protect IP Act aka Stop Online Piracy Act which not only tries to make the illegal of website seizures Legal its basically Operation In Our Sites F*cking Legal! And now this.

You don't see China try and place all their Laws and Internet Censorship down the entire world throat,NO You see The US and the Entertainment Industry DO THIS! Land of the Free my Shiny Metal Ass!
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configspace



Joined: 16 Aug 2008
Posts: 2833

PostPosted: Mon Oct 31, 2011 3:48 pm Reply with quote
PetrifiedJello wrote:
Quote:
Ken Akamatsu warned on Monday that proposed changes to Japan's Copyright Law would "destroy" derivative dōjinshi works, and he added that the power of the entire manga industry would diminish as a result.

While it's nice to see an artist actively stand up against such regulation, this statement makes me wonder if Akamatsu's just making noise for himself.

The dojinshi market flourishes because the anime industry turns a blind eye to it. They know full well if they were to go after it, the backlash would be severe and this, not copyright protection, would cause the market to fail.

Now, the person who probably could stand to make people sit up and take notice: Eiichiro Oda.

I believe if he says no to TPP, publishers and distributors will take notice. You don't say "no" to someone who's earning billions for the industry.

That might be true, but what you say doesn't counter his point since currently the industry can legally turn a blind eye to it. The proposals would make it illegal even when the copyright holder chooses not to take action as well as introduces statutory charges.
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GATSU



Joined: 03 Jan 2002
Posts: 12545

PostPosted: Mon Oct 31, 2011 4:29 pm Reply with quote
I love the irony of a guy complaining about fixing copyright law, who also set up a site to reclaim scantalated manga, because Japan's copyright law contributed to a lot of creators being denied residuals in the first place. He can say that shit because he's rich with a bad manga fanfic rip-off of Harry Potter. But there are undoubtedly a lot of mainstream creators who get screwed enough by their own middlemen there who aren't spoken for. Otherwise, you wouldn't see incidents of tracing and copying lately. OTOH, maybe Japan can also recognize the need for fair use, and incorporate that into their legislation. I will agree that the whole corporate copyright for 120 years thing is absolute bs, especially for people who want to own certain nameless shows, but can't, 'cus of greedy record companies. *cough* WKRP *cough* As for parallel imports, I'm not sure why they would want to stop those, unless they're worried about the merch being sent over to a place where it's likely to be bootlegged, like China.
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BassKuroi



Joined: 31 Mar 2008
Posts: 97

PostPosted: Mon Oct 31, 2011 6:25 pm Reply with quote
GATSU wrote:
I love the irony of a guy complaining about fixing copyright law, who also set up a site to reclaim scantalated manga, because Japan's copyright law contributed to a lot of creators being denied residuals in the first place.


There's no irony because he's searching for a new paradigm (in manga) for distributing off-print series. He gives you a fine scanned manga for free and you only have to read some publicity.
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marcos torres toledo



Joined: 01 Sep 2009
Posts: 223

PostPosted: Mon Oct 31, 2011 6:56 pm Reply with quote
What do you expect from Oceania their greed knows no limits the game is control.control especially the minds of their own fellow Oceania's it censor anything that fresh and good the whole idea of entertainment is to either frighten or deaden the mind how much money is the US losing anyway can't they leave anybody alone control freaks. Shocked
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Takeyo



Joined: 25 Mar 2008
Posts: 736

PostPosted: Mon Oct 31, 2011 7:21 pm Reply with quote
marcos torres toledo wrote:
What do you expect from Oceania their greed knows no limits the game is control.control especially the minds of their own fellow Oceania's it censor anything that fresh and good the whole idea of entertainment is to either frighten or deaden the mind how much money is the US losing anyway can't they leave anybody alone control freaks. Shocked

"This is the weather the cuckoo likes, armored division submissive to vernacular the world into a gambling birdhouse velocity."

Also, proper punctuation can make a post seem a lot less crazy. Wink
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