Forum - View topicNEWS: 3 in Japan Arrested for Unauthorized K-ON! Car Stickers
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Xanas
Posts: 2058 |
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It's hardly such a simple thing as what you would make out here, there are costs of production and once you could do this everyone else could do the same thing, so why would they go pay for yours rather than someone elses? You'd also likely need to start promoting your stickers in some fashion and the likelihood you could keep popularity once the producers of the show said that you were "unauthorized" is doubtful, unless you were truly providing stickers significantly better than others, in which case you were adding enough value to the consumers of your stickers to warrant their production.
Some people have this crazy notion that not all laws are valid. |
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v1cious
 Posts: 6203 Location: Houston, TX |
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I guess I need to ask: What's the difference between this and making doujins? I don't understand why that's legal, and this isn't.
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Xanas
Posts: 2058 |
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That may not really legal with newer laws, but there's still precedent for allowing it and there would be outrage if they stopped it due to that precedent. This doesn't mean at some point they won't find an excuse to change that. I'm sure you know such things aren't allowed in the US.
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mangamuscle
Posts: 2658 Location: Mexico |
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Mhh, you are not required (by the law) to bath regularly, but you will have a hard time finding someone that does not think it is good etiquette to do so. In the prior example, they would have saved public law enforcement time and money if they had sent the C&D letter and would have prevented any further copyright infrigment (which is supposedly the reason of all the ruckus) since you would have to be insane to continue printing said stickers after being told to stop. |
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Catseyetiger
Posts: 779 |
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some guy in a car with stickers is free advertisement for the brand. It shows how much a fan liked the show. I think they would like a payment and keep selling the car stickers world wide to promote the brand but no one ever said people were smart about things.
Sigh, |
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Goggen
Posts: 88 |
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I really don't understand why some people have a problem with this. Think about it: When someone buys an unlicensed K-On! car sticker, they're not only giving money to criminals, they're also probably not buying the legit K-On! car stickers that probably exist somewhere.
Purveyers of illegal merchandise are, in a sense, competitors to the real thing, and thus the copyright owners lose money on their existance. Doujinshi works, while often vile in content, have no officially sanctioned equivalent, and are probably produced in low quantities, so they simply aren't enough of a threat to the copyright owners' interests for them to want to go after them (everything costs money, after all). |
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TitanXL
 Posts: 4036 |
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Well for one thing, doujinshi actually require some talent since it's all original art from the artist. They draw each page and picture in them, while these were just them taking official art from the website or something and slapping them on stickers with no creative input from the seller at all. Not to mention I'm sure K-ON stickers exist out there already, which are not being bought if these are. |
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Megiddo
 Posts: 8360 Location: IL |
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See my reply here |
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P€|\||§_|\/|ast@
 Posts: 3498 Location: IN your nightmares |
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Cracking down on doujinshi because of the often sexual nature and content of it isn't even really on anyone's radar. The fervor over implications of unauthorized IP reproduction will always trump your so called "morality's barrel" which is really more of a western concept that reeks of xenophobic superiority that's been imposed on Asian society throughout history. |
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TitanXL
Posts: 4036 |
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That theory kind of goes out the window when you have big corperate sites dedicated entirely to doujinshi and other fan works. And with digital distribution, there is no upkeep so it's a direct profit from the thousands of sales they receive from the online market. And that's before factoring in the Comiket and other convention sales. |
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yuna49
 Posts: 3804 |
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I'll admit that I don't know the state of Japanese law on these subjects, but in the US, neither of these statements would be correct. Copyright infringment requires that you make an unauthorized copy of an existing copyrighted work. The people being prosecuted in the current case clearly did so, making their actions a case of copyright infringement. Drawing pictures of existing characters as doujinshi authors do is not a case of copyright infringement because there's no existing work being copied. In some cases like Hello Kitty, characters are trademarked, so that drawing a character that looks like Kitty could constitute trademark infringment. In the US this requires that a court rule that the reproduction is sufficiently similar to the original as to cause confusion in the minds of consumers. Trademarking is common for characters like Kitty or the Pokemon, where much of the revenues they generate come from licensed uses like toys, backpacks, and the like. I doubt trademarking is used very often to protect the designs of manga or anime characters. |
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Xanas
Posts: 2058 |
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Incorrect... "According to current United States copyright, copyright owners have the exclusive right "to prepare derivative works based upon [their] copyrighted work."[4] A derivative work is any work, including fanfiction based upon one or more preexisting works." It's not just the existing work, but derivatives as well that are disallowed under current US law, and it's not due to trademark law. http://en.wikipedia.org/wiki/Legal_issues_with_fan_fiction |
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Spotlesseden
Posts: 3514 Location: earth |
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how do you know people don't buy the one that i make it? Make it legal for me to make them first. If i can't make money, someone will money since most people in here think it should be legal. |
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Sunday Silence
 Posts: 2047 |
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Whats even more perplexing given the property in question, is why the IP holders never thought about this in the first place? K-ON is like printing money!!
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evilkorpse
 Posts: 81 Location: UNITED STATES |
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So who in hear thinks its a good idea to have a decal of Mai Shiranui on the hood of my car.
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