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INTEREST: Ghibli's Composer Joe Hisaishi Warns Against Unauthorized Use of His Music




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mrsatan



Joined: 06 Jul 2005
Posts: 911
Location: Olympia, WA, USA
PostPosted: Tue May 07, 2024 6:35 pm Reply with quote
Are these unauthorized concerts free, or do they charge admission?
The latter may be illegal, but not the former.
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tsog



Joined: 16 Sep 2017
Posts: 230
PostPosted: Tue May 07, 2024 7:04 pm Reply with quote
mrsatan wrote:
Are these unauthorized concerts free, or do they charge admission?
The latter may be illegal, but not the former.

Doesn't matter. The appearance of endorsement is a problem, not whether or not they are charging admission.

And never mind the artist name; just playing a song without authorization in public can be a problem. There has been numerous cease and desist from musicians against political campaigns, for example.

https://www.miamiherald.com/news/nation-world/national/article286281885.html
https://www.usatoday.com/story/life/music/2018/07/16/35-musicians-who-famously-told-politicians-dont-use-my-song/784121002/

Exemptions exist. For example, song plays over air by licensed radio stations.
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lys



Joined: 24 Jun 2004
Posts: 1010
Location: mitten-state
PostPosted: Tue May 07, 2024 7:11 pm Reply with quote
This has me wondering if all those "Candlelight concerts" produced by that marketing company Fever are authorized in their use of the music... (if it's as simple as legally purchasing a copy of the score, maybe they're clear, but if there's more of a procedure for gaining the right to advertise a concert using his name, it feels a little more questionable that they would be going through the process for every concert performed in every city/country they hold them in.)
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Kadmos1



Joined: 08 May 2014
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Location: In Phoenix but has an 85308 ZIP
PostPosted: Tue May 07, 2024 10:57 pm Reply with quote
Something to remember that fair use and the related fair dealing do exist though it is incredibly subjective when they apply.
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WANNFH



Joined: 13 Mar 2011
Posts: 1708
PostPosted: Wed May 08, 2024 12:40 am Reply with quote
Kadmos1 wrote:
Something to remember that fair use and the related fair dealing do exist though it is incredibly subjective when they apply.
But not in Japan, because fair use laws there not exist at all.
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Kadmos1



Joined: 08 May 2014
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Location: In Phoenix but has an 85308 ZIP
PostPosted: Wed May 08, 2024 12:56 am Reply with quote
WANNFH wrote:
Kadmos1 wrote:
Something to remember that fair use and the related fair dealing do exist though it is incredibly subjective when they apply.
But not in Japan, because fair use laws there not exist at all.

Uh, then how is it that at times some Japanese IP rights-holder might be fine with a fan selling doujinshi of said IP?
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Adv193



Joined: 20 Nov 2010
Posts: 188
PostPosted: Wed May 08, 2024 12:59 am Reply with quote
I bought the soundtracks of the Studio Ghibli films years ago via iTunes which I use for my personal use only. Aside from that I prefer to do ithis way when the option is available.
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asie



Joined: 28 May 2019
Posts: 12
PostPosted: Wed May 08, 2024 4:35 am Reply with quote
Kadmos1 wrote:
Uh, then how is it that at times some Japanese IP rights-holder might be fine with a fan selling doujinshi of said IP?


Copyright law doesn't demand that the rightsholder act upon an infringement, it simply gives them the option to, and many (not all!) choose to look the other way under some unwritten conditions.

EU countries don't typically have a concept of American-style "fair use" either, instead opting for an explicit and exhaustive list of exceptions to copyright law.

(not legal advice)
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WANNFH



Joined: 13 Mar 2011
Posts: 1708
PostPosted: Wed May 08, 2024 5:43 am Reply with quote
Kadmos1 wrote:
Uh, then how is it that at times some Japanese IP rights-holder might be fine with a fan selling doujinshi of said IP?
Doujin scene is quite convoluted (and you cannot make a lot of profit from it), but it's whole existence is actually is in non-legal zone and relies entirely on goodwill of the rights-holders themselves, and a lot of em see it just as parody works and free publicity - but if right-holders are not fine with it, there is nothing in Japanese law that can protect the fan works.
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kgw



Joined: 22 Jul 2004
Posts: 1073
Location: Spain, EU
PostPosted: Wed May 08, 2024 6:27 am Reply with quote
Kadmos1 wrote:

Uh, then how is it that at times some Japanese IP rights-holder might be fine with a fan selling doujinshi of said IP?

As they say, this is because in Japan everyone in doujinshi circles understands that they work under a tacit agreement from the companies: "If you don't become a threat to our IP, we'll let you make your fantasies". Yuri parodies of Witch from Mercury? OK. Selling your own Gunpla/customized figurines? NG. Hentai Doramon? Fine. Doraemon with an fine, moving ending? totally not OK.

The "fair use" and "right to parody" do not exist in many places outside the US (and maybe Canada).
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CamiChan19



Joined: 17 Apr 2024
Posts: 13
PostPosted: Wed May 08, 2024 10:31 am Reply with quote
Oof - I wonder how he'd react given how many lofi / chill renditions of his tracks live on Spotify (and in my playlists ORZ).
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xxmsxx



Joined: 06 Sep 2017
Posts: 565
PostPosted: Wed May 08, 2024 7:00 pm Reply with quote
Kadmos1 wrote:
Uh, then how is it that at times some Japanese IP rights-holder might be fine with a fan selling doujinshi of said IP?


Wow, you really need start with a cursory, I mean very cursory, research of the doujinshi community.
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Rob19ny



Joined: 13 Jun 2020
Posts: 1700
PostPosted: Thu May 09, 2024 4:31 am Reply with quote
I've got no issue with this. It's his music so he gets to set the rules. Now, if people respect his wishes or not is the question.
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mrsatan



Joined: 06 Jul 2005
Posts: 911
Location: Olympia, WA, USA
PostPosted: Fri May 10, 2024 11:13 am Reply with quote
All the videos I've seen of these unauthorized concerts are coming out of China. Good luck getting them to enforce international copyright laws.
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