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NEWS: Japanese Government Looks Into Copyrights & Parodies


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walw6pK4Alo



Joined: 12 Mar 2008
Posts: 9321
PostPosted: Sat Jun 09, 2012 2:58 pm Reply with quote
This kills the Comiket.
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Egan Loo



Joined: 25 Feb 2005
Posts: 1119
PostPosted: Sat Jun 09, 2012 3:03 pm Reply with quote
walw6pK4Alo wrote:
This kills the Comiket.


Depending on what the Japanese government eventually does, it may actually offer more legal protection for dōjinshi. As the article says, the current Copyright Law of Japan does not offer legal protection for parodies and other forms of fair use, like other countries do.

If Japan introduces a fair-use clause, it may bring dōjinshi out of the legal gray area it's in now.
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Cecilthedarkknight_234



Joined: 02 Apr 2011
Posts: 3779
Location: Louisville, KY
PostPosted: Sat Jun 09, 2012 3:04 pm Reply with quote
walw6pK4Alo wrote:
This kills the Comiket.


I don't think they would kill a 40 year old event based on this. I am thinking they are going to go after fan music videos/mashups using copyrighted music such as below.

http://www.youtube.com/watch?v=n1k5UGUznrc
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walw6pK4Alo



Joined: 12 Mar 2008
Posts: 9321
PostPosted: Sat Jun 09, 2012 3:17 pm Reply with quote
Egan Loo wrote:
walw6pK4Alo wrote:
This kills the Comiket.


Depending on what the Japanese government eventually does, it may actually offer more legal protection for dōjinshi. As the article says, the current Copyright Law of Japan does not offer legal protection for parodies and other forms of fair use, like other countries do.

If Japan introduces a fair-use clause, it may bring dōjinshi out of the legal gray area it's in now.


What's the situation in America for selling parody books of copyrighted characters?
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Cecilthedarkknight_234



Joined: 02 Apr 2011
Posts: 3779
Location: Louisville, KY
PostPosted: Sat Jun 09, 2012 3:23 pm Reply with quote
walw6pK4Alo wrote:
Egan Loo wrote:
walw6pK4Alo wrote:
This kills the Comiket.


Depending on what the Japanese government eventually does, it may actually offer more legal protection for dōjinshi. As the article says, the current Copyright Law of Japan does not offer legal protection for parodies and other forms of fair use, like other countries do.

If Japan introduces a fair-use clause, it may bring dōjinshi out of the legal gray area it's in now.


What's the situation in America for selling parody books of copyrighted characters?


It doesn't exist at all.
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Chagen46



Joined: 27 Jun 2010
Posts: 4377
PostPosted: Sat Jun 09, 2012 3:27 pm Reply with quote
So basically, this is going to make fan work, even without intent of profit, illegal.

That's really f*cking stupid.
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Eternal September



Joined: 08 Apr 2011
Posts: 24
PostPosted: Sat Jun 09, 2012 3:38 pm Reply with quote
Chagen46 wrote:
So basically, this is going to make fan work, even without intent of profit, illegal.

That's really f*cking stupid.


Read the article.

Fan work has been illegal all along, this is about finally making them legal.
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Eternal September



Joined: 08 Apr 2011
Posts: 24
PostPosted: Sat Jun 09, 2012 3:43 pm Reply with quote
walw6pK4Alo wrote:
Egan Loo wrote:
walw6pK4Alo wrote:
This kills the Comiket.


Depending on what the Japanese government eventually does, it may actually offer more legal protection for dōjinshi. As the article says, the current Copyright Law of Japan does not offer legal protection for parodies and other forms of fair use, like other countries do.

If Japan introduces a fair-use clause, it may bring dōjinshi out of the legal gray area it's in now.


What's the situation in America for selling parody books of copyrighted characters?

http://en.wikipedia.org/wiki/Parody#Copyright_issues

"Although a parody can be considered a derivative work under United States Copyright Law, it can be protected from claims by the copyright owner of the original work under the fair use doctrine, which is codified in 17 U.S.C. § 107. The Supreme Court of the United States stated that parody "is the use of some elements of a prior author's composition to create a new one that, at least in part, comments on that author's works". That commentary function provides some justification for use of the older work."
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Angel M Cazares
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Joined: 23 Sep 2010
Posts: 4887
Location: Iscandar
PostPosted: Sat Jun 09, 2012 3:53 pm Reply with quote
What comes to my mind is the anime series that parody elements of past series. I wonder if potential new laws could apply in these cases.
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GracieLizzy



Joined: 26 Sep 2006
Posts: 517
Location: Sunderland, England, UK
PostPosted: Sat Jun 09, 2012 4:12 pm Reply with quote
Well I hope they go the way of the US which protects parody, rather than the way of over here in the UK where parodies can be deemed illegal copyright infringement.

Here's a video that neatly explains what I mean.
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Charred Knight



Joined: 29 Sep 2008
Posts: 3085
PostPosted: Sat Jun 09, 2012 4:22 pm Reply with quote
walw6pK4Alo wrote:
Egan Loo wrote:
walw6pK4Alo wrote:
This kills the Comiket.


Depending on what the Japanese government eventually does, it may actually offer more legal protection for dōjinshi. As the article says, the current Copyright Law of Japan does not offer legal protection for parodies and other forms of fair use, like other countries do.

If Japan introduces a fair-use clause, it may bring dōjinshi out of the legal gray area it's in now.


What's the situation in America for selling parody books of copyrighted characters?


They don't really do that anymore but that's mainly because of 1940's obscenity laws and not copyright laws. They would be legal now in the same way its legal to make a porn movie called Avengers XXX: A Porn Parody, and yes that's the actual name of a porno starring Chyna as the She-Hulk.
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Anymouse



Joined: 18 May 2007
Posts: 685
PostPosted: Sat Jun 09, 2012 5:04 pm Reply with quote
walw6pK4Alo wrote:
Egan Loo wrote:
walw6pK4Alo wrote:
This kills the Comiket.


Depending on what the Japanese government eventually does, it may actually offer more legal protection for dōjinshi. As the article says, the current Copyright Law of Japan does not offer legal protection for parodies and other forms of fair use, like other countries do.

If Japan introduces a fair-use clause, it may bring dōjinshi out of the legal gray area it's in now.


What's the situation in America for selling parody books of copyrighted characters?
Basically open season. Watch the Family Guy or Robot Chicken Star Wars specials.
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Blanchimont



Joined: 25 Feb 2012
Posts: 2712
Location: Finland
PostPosted: Sat Jun 09, 2012 5:05 pm Reply with quote
Charred Knight wrote:
snip

They don't really do that anymore but that's mainly because of 1940's obscenity laws and not copyright laws. They would be legal now in the same way its legal to make a porn movie called Avengers XXX: A Porn Parody, and yes that's the actual name of a porno starring Chyna as the She-Hulk.

You sure? Change the target of that to a Disney property and care to repeat your assertion?

Well, it IS sort of subverted as the main film was distributed by WD Studios, so I guess your point might hold...
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Megiddo



Joined: 24 Aug 2005
Posts: 8270
Location: IL
PostPosted: Sat Jun 09, 2012 5:08 pm Reply with quote
walw6pK4Alo wrote:
This kills the Comiket.

I really doubt that Japan would be stupid enough to kill a huge economic and social staple like Comiket.
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Gilles Poitras



Joined: 05 Apr 2008
Posts: 456
Location: Oakland California
PostPosted: Sat Jun 09, 2012 5:12 pm Reply with quote
Blanchimont wrote:

You sure? Change the target of that to a Disney property and care to repeat your assertion?


Paul Krassner is doing OK selling the famous Wally Wood Disney Parody poster.

http://paulkrassner.com/

WARNING: Small image may not be workplace safe.
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