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Charred Knight
Joined: 29 Sep 2008
Posts: 3085
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 Posted: Sat Jun 09, 2012 5:15 pm
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| Blanchimont wrote: |
| 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... |
I would assume that if Disney could sue them they would have, but George Lucas did lose a lawsuit about Starballz.
http://www.eonline.com/print/index.jsp?uuid=7a016427-3819-44de-86d6-a6d9c41b291d&contentType=newsStory
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inuhime
Joined: 18 Feb 2009
Posts: 33
Location: Windy City
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Posted: Sat Jun 09, 2012 5:41 pm
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| 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? |
Well, there's the books Bored of the Ring, Night Light, and Hunger Pains.
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Xanas
Joined: 27 Aug 2007
Posts: 2058
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Posted: Sat Jun 09, 2012 5:46 pm
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| Megiddo wrote: |
| 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. |
Never conflate the people with the government, and never fool yourself into thinking the government isn't "stupid enough" to do something bad. The legislative critters are not geniuses, and like anyone are influenced by who the listen to. The lobbyists and special interests go for a reason. It's not purely a matter of them paying off politicians, so much as these are the people who are around legislators every day so naturally they get influenced by them.
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bglassbrook
Joined: 29 Aug 2006
Posts: 1243
Location: Gaithersburg, MD
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Posted: Sat Jun 09, 2012 6:24 pm
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I like that they are trying to support Fair Use while still protecting the owners' rights, so hopefully something good will come from this evaluation.
| Blanchimont wrote: |
| 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? |
Avengers is a Marvel property and Disney owns Marvel... so what's to change? They don't have to like it, and they could try to discourage/harass with litigation, but that doesn't make it illegal.
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walw6pK4Alo
Joined: 12 Mar 2008
Posts: 9322
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Posted: Sat Jun 09, 2012 6:46 pm
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Are they at least changing names and designs in any of these, or is it directly parodying? Because that's what doujins do; exact names, exact designs.
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Sunday Silence
Joined: 22 Jun 2010
Posts: 2047
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Posted: Sat Jun 09, 2012 7:15 pm
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dragon695
Joined: 28 Nov 2008
Posts: 1377
Location: Clemson, SC
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Posted: Sat Jun 09, 2012 7:18 pm
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The reason it is allowed is as the article says, because the mangaka don't complain. I'm certain that some of this has to do with many having got their start as doujinka. I heard a story from a Japanese friend, not sure if it is true, that even Kishimoto did some doujin work when he was still at university.
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Sunday Silence
Joined: 22 Jun 2010
Posts: 2047
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Posted: Sat Jun 09, 2012 7:21 pm
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| dragon695 wrote: | | The reason it is allowed is as the article says, because the mangaka don't complain. I'm certain that some of this has to do with many having got their start as doujinka. I heard a story from a Japanese friend, not sure if it is true, that even Kishimoto did some doujin work when he was still at university. |
Some actually got their start in hentai works. Guess who!!
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HeeroTX
Joined: 15 Jul 2002
Posts: 2046
Location: Austin, TX
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Posted: Sat Jun 09, 2012 7:26 pm
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| dragon695 wrote: | | The reason it is allowed is as the article says, because the mangaka don't complain. I'm certain that some of this has to do with many having got their start as doujinka. I heard a story from a Japanese friend, not sure if it is true, that even Kishimoto did some doujin work when he was still at university. |
Some of them STILL sell doujinshi at Comiket, whether original works or parodies.
I can name at least 3 mangaka that still do stuff for Comiket.
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Takeyo
Joined: 25 Mar 2008
Posts: 736
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Posted: Sat Jun 09, 2012 7:30 pm
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| Anymouse wrote: |
| walw6pK4Alo wrote: | | 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. |
Not really good examples. Both projects were made with cooperation from Lucasfilm/arts/whatever.
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dragon695
Joined: 28 Nov 2008
Posts: 1377
Location: Clemson, SC
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Posted: Sat Jun 09, 2012 7:34 pm
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| walw6pK4Alo wrote: | | Are they at least changing names and designs in any of these, or is it directly parodying? Because that's what doujins do; exact names, exact designs. |
Interestingly enough, one of my favorite dojin circles, Ohigetan, did a strange thing when doing a Naruto fan work. The character's names had one of the kana replaced with a Japanese zero. So, in the case of Naruto, his name was Na--to. I've seen this in some other fanworks as well. I wonder if this is what it will come down to in the future?
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walw6pK4Alo
Joined: 12 Mar 2008
Posts: 9322
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Posted: Sat Jun 09, 2012 8:00 pm
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| Sunday Silence wrote: |
| dragon695 wrote: | | The reason it is allowed is as the article says, because the mangaka don't complain. I'm certain that some of this has to do with many having got their start as doujinka. I heard a story from a Japanese friend, not sure if it is true, that even Kishimoto did some doujin work when he was still at university. |
Some actually got their start in hentai works. Guess who!! |
Inazuma, who still does hentai; Takeda Hiromitsu, who still does hentai; Satoshi Urashihara, who still does illustrations constantly; Doi Sakazaki, who hopefully still does hentai... There's a lot of them. And you even have cases where they go from doing manga full time into hentai, like Jouji Manabe.
Mangaka don't complain because they're all artists and would prefer to look out for each other. The ones who raise a stink are those without talents, the ones who control the money.
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Angel M Cazares
Joined: 23 Sep 2010
Posts: 5424
Location: Iscandar
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Posted: Sat Jun 09, 2012 8:10 pm
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| dragon695 wrote: |
| walw6pK4Alo wrote: | | Are they at least changing names and designs in any of these, or is it directly parodying? Because that's what doujins do; exact names, exact designs. |
Interestingly enough, one of my favorite dojin circles, Ohigetan, did a strange thing when doing a Naruto fan work. The character's names had one of the kana replaced with a Japanese zero. So, in the case of Naruto, his name was Na--to. I've seen this in some other fanworks as well. I wonder if this is what it will come down to in the future? |
Even if the names are changed, isn't still an issue if the characters still look the same (or close to) as the original source?
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Charred Knight
Joined: 29 Sep 2008
Posts: 3085
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Posted: Sat Jun 09, 2012 8:23 pm
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| walw6pK4Alo wrote: | | Are they at least changing names and designs in any of these, or is it directly parodying? Because that's what doujins do; exact names, exact designs. |
I have only seen the trailer but they simply just add "XXX: a porn parody". So the Avengers porn is "Avengers XXX: a Porn parody" and Star Wars is "Star Wars XXX: a porn parody
The Star Wars XXX trailer is simply the first Star Wars movie with the worst cgi and acting I have ever seen.
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Sparvid
Joined: 06 Oct 2009
Posts: 240
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Posted: Sat Jun 09, 2012 8:43 pm
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| Anymouse wrote: |
| 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. |
And Mad Magazine has been doing it for quite a while.
I believe the rule of thumb is that once is parody, twice is infringement. You can do a single Batman parody if you want to, but you can't publish a monthly, ongoing Batman parody comic.
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