Forum - View topicNEWS: Woman Charged for Selling 6.5 Million Yen in Unauthorized Demon Slayer Cakes
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ranran-001
Posts: 537 |
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Yes, but unbeknownst to the customer, Wal-Mart pays a license to sell Snoopy and Cookie Monster cakes. |
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Chris Handsome
 Posts: 287 |
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They don't. They are janky bootleg as hell looking cursed cake jobs with no branding or anything on them, just like their Mario cakes that use recycled unsold Mario Kart Micro Machines from the Toy Aisle to toss on top a cake as an accessory. Hell this is the stuff alot of local grocers did years ago, most still do. |
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ranran-001
Posts: 537 |
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If you're talking Wal-Mart, then they are paying license. It doesn't matter if the cake looks like shit or not, a company like Wal-Mart isn't going to risk being sued for millions over it. The example of putting a mario-kart toy on a cake however isn't copyright infringement, since the toy itself would fall under first sale doctrine. In general, its copyright infringement to create a cake based off a copyrighted character. The selling part only comes into the case when the copyright owners try to prove damages. |
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BonelessChicken
Posts: 20 |
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In Japan it's a bit loose for doujinshi. As long as the copyright holder doesn't file a complaint, you can make doujinshi. There's misunderstanding about doujinshi, Doujinshi isn't as profitable as you think, majority of the Circles (Artists) even lost their money in Comiket because the profit is used to cover printing, tax, flyer, sample, etc. the circles didn't do it for money, they do it because they want to show their work to the other people or just their hobby. There are some circles who only think to earn money but they're hated by the veterans. |
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ZephyrVayu
Posts: 79 |
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I understand why copyright laws exists, but stories like this really exhibit how absurd they can be. Were her cakes hurting the brand in any way? Was she profiting off other people's work when she still designed and baked the cakes herself? Seems like yet another case of a big company going after a small business. Respect to her for owning the crime and just being like "idgaf".
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Ming Yi
Posts: 208 |
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In a way, sort of? Because if the Demon Slayer production committee wanted to collaborate with a bakery chain to produce cakes, then this would hurt their business. Plus, she is profiting from an intellectual property. At the very least she's using work based on the character designer's. |
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Egan Loo
Posts: 1327 |
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Indeed, the Demon Slayer production committee did grant another bakery the official license to produce cakes. http://priroll.jp/shopbrand/ct2631/ |
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Meongantuk
 Posts: 354 |
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Doujinshi has rules, and the woman unfortunately break three of the most basic ones: 1. No using official materials (screenshots, logo, key visuals, official merchandises) including redraw or traced (game GUI is exempt from the redraw rule if it's not stand alone pieces). The woman use official screenshot... Essentially this woman made bootleg. Companies might close their eyes to doujinshi, but bootleg isn't doujinshi so... 2. Profit limit (varied, usually from 10k to 500k depends on the franchise). Obviously, 6 millions far exceed the limit. When you get this much, the chance of the IP owner suing you is very high regardless whether or not you break other rules. 3. No mass reproduction (varies, usually few dozens to hundreds). She barely pass this, but considering the price and the other two rules she break... Doujinshi isn't an excuse to make bootleg, you might think manybdoujin artist can make 6 millions per convention, but it's very unlikely for them to get that much without breaking the mass production rule as doujin merch are cheap (3000 yen already get you fanciest book by the most popular artist) and the more expensive ones (like figures, fancy dakimakura) tend to be limited (maybe few dozens but obviously not hundreds). Last edited by Meongantuk on Fri Nov 12, 2021 9:57 pm; edited 1 time in total |
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zrdb
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WTF? It's not like she was selling counterfeit dvds or blurays of the show-who in the holy hell was she hurting by selling cakes? Totally absurd.
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ranran-001
Posts: 537 |
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Considering that the Demon Slayer IP owners lost a trademark request on Tanjiro and Zenitsu's kimono patterns, the bakery owner could have simply sold themed cakes using their kimono patterns without having to depict the demon slayer characters. The owner of the bakery had some free public domain options, but chose to go with the violating copyright law instead. |
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TarsTarkas
 Posts: 5871 Location: Virginia, United States |
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They went after her because she was advertising on the internet. Once she did that, they really didn't have much choice but to go after her. They went after her to protect the IP from everyone else who might jump on the bandwagen. |
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ErikaD.D
Posts: 659 |
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It may sounds harsh but Japan's copyright laws is stricter than anti-p*dophilia laws on underage girls. Sad.
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Alan45
 Village Elder Posts: 9875 Location: Virginia |
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What she did was against the law. She admits she knew it was illegal and did it anyway. Not only that she broke the law so flagrantly that she attracted attention and got slapped down. Also, as noted above, character cakes are a source of license income for the IP holders.
If you don't like a law or feel it is enforced wrong, you should work to change it. You don't just break the law, hope no one will notice and then get angry when they do. If you feel there is no chance of getting the law changed, you just have to suck it up and live with it. |
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#Neothegreenland
 Posts: 42 |
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for us foreigners, this is an absurd happenstance. since bakeries can illustratively decorate cakes to whatever the costumer want on the west. but it seems that in japan, it requires the IP holder's license.
different places, different laws. ig |
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a_Bear_in_Bearcave
Posts: 514 Location: Poland |
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No, it's the same in the west, it's just sensible people don't put pictures of the cakes customer ordered on Instagram when it has copyrighted stuff, so it never gets prosecuted. Her error was to make thing public. You absolutely cannot make cakes with copyrighted characters and sell them legally, nothing absurd here. |
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