Forum - View topicNEWS: Voice Actor Minoru Shiraishi Apologizes for Downloading Dōjinshi
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Gamen
Posts: 227 |
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Making the grey area even greyer is that they charge for doujinshi, turning from non-commercial infringement to commercial infringement with "parodies". Though perhaps that doesn't carry the same massive increase in penalties it does in the US? But add to that my recollection that Japan doesn't have a fair use defense and grants an additional right over the moral integrity of a work to its authors, and yikes.
My opinion's always been that fanfic doesn't infringe on copyright anyway, since (putting aside plagiarism and tracing) they're not directly copying or transforming the original work anyway (unlike say fansubs, where even a script by itself is infringement). And in trademark they should get a pass if they're clear about the unauthorized part. Though last I knew, US case law doesn't agree with me. With the news about a Star Trek fan movie getting a cease and desist, it occurred to me that even though I don't think characters and settings should fall under copyright, I'm not so sure about costumes: I would think they count as a work, but some quick googling indicates costumes don't (yay for cosplayers?) but symbols on them could be trademarked and if the cloth was patterned it could be copyrighted... Though I suppose it would take a court case to figure out if reproducing a pattern on a fan-made costume that's not distributed but instead used for a film is indefensible infringement. Not that that applies to Star Trek with its black-bottoms-colored-top uniform. TL;DR: Morally, I don't think parody doujinshi should violate copyright as long as it doesn't copy or transform the original work, or violate trademark as long as its clear about not being official. And I'm pretty sure the law in both the US and Japan disagree with me. |
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walw6pK4Alo
 Posts: 9322 |
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A lot of what he downloaded was original content, like commercial magazine stuff. |
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revolutionotaku
Posts: 890 |
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He could've found doujinshi really cheap at used book stores (BookOff for example).
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KH91
Posts: 6176 |
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I can't take this seriously considering the image used in the article when I read the phone call apology part.
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mewpudding101
Industry Insider
 Posts: 2209 Location: Tokyo, Japan |
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It was a mistake. He was taking a screenshot of him playing a game, and a bar on the bottom of his browser read "your download of Derekure has been completed." Internet Explorer, I think. |
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Ali07
 Posts: 3333 Location: Victoria, Australia |
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^If that is the case, learn to crop your images Shiraishi!
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mewpudding101
Industry Insider
Posts: 2209 Location: Tokyo, Japan |
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He just forgot. ^^; |
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yuna49
 Posts: 3804 |
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I'm not that person, but here's what I know about differences between Japanese and American copyright law. Japan recognizes a creator's "moral rights" while the US does not. Copyrights are granted in US under specific Constitutional provisions. Founders like Jefferson thought copyright restricted freedom of speech which motivated the inclusion of Article I, Section 8. That view suggests that creations belong to the public with the creators granted limited rights to restrict access to their works. A moral rights regime ascribes basic ownership to the creators. Under Japanese law these rights have limited the potential for "fair use" defenses which may be used to exempt infringing parodies in the States. https://en.wikipedia.org/wiki/Copyright_law_of_Japan http://omonomono.com/2014/08/13/japanese-law-and-fair-use-comon/ |
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enurtsol
 Posts: 14796 |
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Japan expects their celebrities to be squeaky clean under the law.
If they're caught for even minor infractions, they're expected to go thru the apology routine each and everytime. |
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Wandering Samurai
 Posts: 875 Location: USA |
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Another dumb idiot posts his crime on social media for all the world to see. If there is one thing that social media has been good for it's helping the law catch these people.
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Kadmos1
 Posts: 13580 Location: In Phoenix but has an 85308 ZIP |
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A thing that the USA mght have over Japan is that the courts here are perhaps more tolerant of fair use. A thing that Japan has over us is their copyright duration can be decades shorter than the US, depending on when something was first copyrighted here.
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Foxaika
 Posts: 365 Location: Columbus, Ohio |
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The real crime is using Internet Explorer. 
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