Forum - View topicAnswerman - Do Anime Productions Have To Pay To Use Classical Music?
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configspace
Posts: 3717 |
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For a low budget indie production, an alternative if one has the midi and DAW chops, is transcribing the composition into midi as acoustical sw synths are amazingly good, to avoid either of those expenses. |
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Dop.L
Posts: 715 Location: London |
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Thanks for reminding me when Nonon weaponised Elgar! |
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eyevocal
Posts: 137 |
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I wish I'd known to note every time an anime uses Erik Satie's "Gymnopedie no. 1." It shows up a lot.
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yuna49
 Posts: 3804 |
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One of my favorite performances from both the live-action and animated versions for its infectious good-humor. But Nodame appears as a mongoose, right, not a tanuki? There's a "Mongoose Box" collection of music by the Nodame Orchestra, too. |
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Tempest
 I Run this place.ANN Publisher  Posts: 10426 Location: Do not message me for support. |
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I don't know if it is in the PD in Japan, because there could be other factors, but I'm going to answer your question based on the assumption that Snow White is PD in Japan... No. For two reasons. 1 - The works are still under copyright protection in the USA, so those copies are still copyright infringement in the USA. There's a big anime precedent for this. Back in the 80s and 90s Taiwan didn't grant copyright to foreign works if they weren't released in Taiwan within a short delay from the initial foreign release. Ostensibly this was to force foreign companies to release their products in Taiwan. Many Taiwanese companies took advantage of this to produce a ton of technically legal bootlegs (legal in Taiwan). A company called Son May was notorious for creating anime OST bootlegs that were legal in Taiwan, but illegal in most other countries. 2 - Disney Trademarked* Snow White in 2013 (which is insane, because the name Snow White was used for this story long before Disney got their grubby paws on it), so they have the right to block any commercial use of the name in the USA, including commercial importation (the same way Harmony Gold blocks Macross) of any product that infringes on the Snow White trademark. *Their Trademark doesn't cover "literature works of fiction" so if you want to sell copies of older Snow White stories, that's fine. I don't know whether a new animation based exclusively on the original literature would qualify as a "literature work of fiction," but I guarantee if you published it under the name "Snow White," Disney would SLAPP you down with a lawsuit. |
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Pidgeot18
 Posts: 101 |
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The 1976 copyright act was intended to bring the US inline with the GATT copyright status, and extended copyright to international norms among other things (most notably, simplifying the status of copyright of unpublished works). The 1998 extension was a pure copyright extension grab unjustified by anything other than the likes of the mouse. The good news is that the copyright expiration clock finally starts up again on January 1, 2019 for the first time in decades. And on January 1, 2024, Steamboat Willie is in the public domain in the US (although there's some evidence that it is already in the public domain because Disney screwed up the copyright notice). |
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Kadmos1
 Posts: 13567 Location: In Phoenix but has an 85308 ZIP |
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Here's another issue with copyright, particularly for the USA: when a term duration is constantly extended, often retroactively, it makes it hard to determine when it will lapse protection (this isn't counting the trademarks which are another issue). Heck, I wouldn't be surprised if the lawyers representing the lobbying parties (for longer and stricter terms) sometimes get confused of the copyright status of a client's title.
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penguintruth
 Posts: 8464 Location: Penguinopolis |
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It was pretty prominent in The Disappearance of Haruhi Suzumiya. |
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Mr. sickVisionz
 Posts: 2173 |
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I can't help but feel that this was said with practically no clue as to the cost of hiring a full orchestra and getting a studio large enough to house them for recording. Let alone the actual added complexity of doing that for someone whose productions chops are making synth/sound module/sample based music. It's going to be an absurd amount of additional work. |
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Sakagami Tomoyo
 Posts: 940 Location: Melbourne, VIC, Australia |
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And you say that like a full orchestra and one bloke with a synth are the only two ways possible to make a soundtrack. Sure, there are examples of each extreme, but most are going to be somewhere between the two. |
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nargun
Posts: 925 |
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Plus, you know: there's already a recording company in the production committee, and japanese recording companies can source this all in-house pretty straightforwardly. |
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Kadmos1
Posts: 13567 Location: In Phoenix but has an 85308 ZIP |
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"WorldEnd" uses Scarborough Fair.
Pidgeot18, going with the 1976 Copyright Act, I will agree with you on that somewhat but a part of me thinks it was copyright maximalists could extend their copyright. Also, let's not forget there is a controversial thing called copyright restoration. If copyright infringement is theft, then copyright restoration is stealing from the public domain. law.duke.edu/cspd/publicdomainday/2016 says it well:
Last edited by Kadmos1 on Mon Feb 07, 2022 11:55 pm; edited 1 time in total |
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Emperor Fred
 Posts: 32 Location: Ottawa, ON |
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While not anime, there are certain pieces of classical music (I think it's Beethoven, mainly) that always make me think of The Smurfs.
And of course, there's Bugs Bunny. Special mentions to "Rabbit of Seville" and "What's Opera Doc?", the latter of which having the classical piece that will forever be categorized in my head as "Kill the Wabbit". |
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HeeroTX
Posts: 2046 Location: Austin, TX |
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I'm asking this more rhetorically, but how in the HELL was that trademark granted?!? That is one of the flatout most egregious over-reaches of trademark law that I can think of. I assume its a pre-emptive strike against their early catalog going public domain, since it'll be harder (but not impossible) for people to sell the titles if they can't use the name. |
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nargun
Posts: 925 |
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USPTO processes are defective. + a trademark application is inherently one-sided; the examiner only has access to the information the applicant provides [which is probably misleading] and the information they can research + but the fees are in the low hundreds of dollars and only cover a couple of hours work for the examiner, not enough time to do enough independent research + plus there's a raft of appeal and reassessment processes an applicant can invoke, and they only need one of those to work + and once granted there's only thirty days to administratively appeal [not enough time for potential appellants to even find out about the existence of the filing] + and the absence of costs rules [loser pays winner's legal costs] means that fighting against a complete-bullshit application is vastly more expensive in the US. So you spam bullshit applications and appeals and eventually one gets through. All the things I've written about above have straightforward fixes... but the incredible number of veto points in US politics means that reform of anything is basically impossible. It's US politics and political problems in a microcosm. [my favourite example -- if by "favourite" you mean "has caused the most utterly gratiutous and pointless deaths" -- of US administrative ossification is the prohibition of crumple zones in rail vehicles, but probably the most egregious and wtf thing is that since 1971 all notes circulating in the US paid interest to the bank that issued them] |
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