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All About Licensing Part II: The Contract


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Mohawk52



Joined: 16 Oct 2003
Posts: 8202
Location: England, UK
PostPosted: Wed Jun 13, 2012 3:51 pm Reply with quote
LUNI_TUNZ wrote:
Mohawk52 wrote:
Honestly this inbred paranoia about reverse importation needs clinical treatment. All Japan has to to do is slap a hefty import tariff on anything looking like a reverse imported physical media making the cost to the importer higher than what it would cost to buy it there and job done. It's incomprehensible that no one there has come up with such a simple solution yet. Rolling Eyes


Yeah, they can just walk on down to congress and have a tariff bill passed in a day or two.

So simple.
No, they could just send an e-mail, it be faster.


walw6pK4Alo wrote:

I don't think you can make a $49.99 BD boxset cost more than a $199.99 one (cheap price, by the way) with just some tariffs. That type of trade imbalance would just be...insane.
It's meant to be a deterrent, not a marketing tool.
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dengart



Joined: 10 Oct 2010
Posts: 16
PostPosted: Wed Jun 13, 2012 5:52 pm Reply with quote
samuelp wrote:
yuna49 wrote:
Sam, do you have any insights into how those jurisdictional disputes are typically resolved? Is it more common for licenses to be under Japanese or American jurisdiction, or are the contracts too idiosyncratic to make broader generalizations?

Usually it's resolved that it's in Japan, and that clause ends up being moot and the things are tried in the US anyway because that's the court where the lawsuit is filed. If the lawsuit is over breach of contract anyway might as well go ahead and try the thing in the US... If you win you win and what the contract said was moot...

I'm not sure these clauses have any real binding power, as jurisdiction is a matter of law, not something that can be decided by contract.
Similar to the arbitration clause, it doesn't really prevent people from suing each other, it just is a deterrent and makes it harder.


Afaik choice of law clause's do matter. Of course, it's important to specify that disputes about choice of law are governed by the jurisdiction you want. Also, just because the suit itself happens in the US doesn't mean US law controls. US courts can apply foreign law if necessary.
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dragonrider_cody



Joined: 14 Jun 2008
Posts: 2541
PostPosted: Wed Jun 13, 2012 6:41 pm Reply with quote
LUNI_TUNZ wrote:
Mohawk52 wrote:
Honestly this inbred paranoia about reverse importation needs clinical treatment. All Japan has to to do is slap a hefty import tariff on anything looking like a reverse imported physical media making the cost to the importer higher than what it would cost to buy it there and job done. It's incomprehensible that no one there has come up with such a simple solution yet. Rolling Eyes


Yeah, they can just walk on down to congress and have a tariff bill passed in a day or two.

So simple.


Also, a tariff on goods ordered through another country is difficult to enforce. The Japanese government would be powerless to force someone like Right Stuf to charge the tariff. They would literally have to intercept every potential foreign media product and then hold it until the buyer agreed to pay the tariff, or they would have to depend On people reporting the purchase. This would be much more hassle than it would be worth and just wouldn't be cost effective.

Tariffs only work when a product is imported and then sold in that country. If I would buy a new Chevy TrailBlazer is Taiwan and then shipped it to the US, I wouldn't have to pay the tariff. However, if Chevy imported the TrailBlazer to the US and sold it, the tariff would have to be paid and result in a higher cost.
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Mohawk52



Joined: 16 Oct 2003
Posts: 8202
Location: England, UK
PostPosted: Wed Jun 13, 2012 6:50 pm Reply with quote
dragonrider_cody wrote:

Also, a tariff on goods ordered through another country is difficult to enforce. The Japanese government would be powerless to force someone like Right Stuf to charge the tariff. They would literally have to intercept every potential foreign media product and then hold it until the buyer agreed to pay the tariff, or they would have to depend On people reporting the purchase. This would be much more hassle than it would be worth and just wouldn't be cost effective.

Tariffs only work when a product is imported and then sold in that country. If I would buy a new Chevy TrailBlazer is Taiwan and then shipped it to the US, I wouldn't have to pay the tariff. However, if Chevy imported the TrailBlazer to the US and sold it, the tariff would have to be paid and result in a higher cost.
Done by the Royal Mail and HRM Customs and Excise here every working day. There's even a fee of £8 for the privilege of standing in the que at the Post Office to pay and collect it. In short it's charged at port of entry, and paid at point of collection by the person importing it. Wink
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Togame



Joined: 22 Jan 2010
Posts: 149
PostPosted: Wed Jun 13, 2012 11:21 pm Reply with quote
Quote:
Also I wonder about approvals for translations, if any. Because there have been some pretty big differences. I hate the direction taken now by some CR/Sentai/Funi translations, essentially reverting back to the early days, with dropping honorifics and US name order (very jarring to hear a different name used than the one shown on screen) for example. And heavy, liberal, if not awkward localization.

Not using honorifics is a good thing. Just saying.
The other issues need balance and care, but localization in itself is never a bad thing becuase language and cultural differences do exist and do matter.
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st_owly



Joined: 20 May 2008
Posts: 5234
Location: Edinburgh, Scotland
PostPosted: Thu Jun 14, 2012 12:51 am Reply with quote
I've never understood this paranoia about reverse importation. The UK, most of Europe and Japan have always been in the same DVD region, yet no one cried about it before Blu Rays came along...
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LUNI_TUNZ



Joined: 28 Apr 2010
Posts: 809
PostPosted: Thu Jun 14, 2012 1:09 am Reply with quote
st_owly wrote:
I've never understood this paranoia about reverse importation. The UK, most of Europe and Japan have always been in the same DVD region, yet no one cried about it before Blu Rays came along...

Because Blu-rays are rarely region-locked and/or are easier to jailbreak?
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fuuma_monou



Joined: 26 Dec 2005
Posts: 1817
Location: Quezon City, Philippines
PostPosted: Thu Jun 14, 2012 1:22 am Reply with quote
LUNI_TUNZ wrote:
st_owly wrote:
I've never understood this paranoia about reverse importation. The UK, most of Europe and Japan have always been in the same DVD region, yet no one cried about it before Blu Rays came along...

Because Blu-rays are rarely region-locked and/or are easier to jailbreak?


Aren't Blu-ray players harder to hack than DVD players? Making a stand-alone DVD player region-free is pretty easy. Blu-ray encryption is way more complicated, to the point that playback on PCs is iffy.

I forget the name of the site that tracks whether or not Blu-ray discs are region-locked, but the problem is that North America and Japan are in the same Blu-ray region, so reverse importation is more of a problem.
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configspace



Joined: 16 Aug 2008
Posts: 3717
PostPosted: Thu Jun 14, 2012 1:28 am Reply with quote
Togame wrote:
Quote:
Also I wonder about approvals for translations, if any. Because there have been some pretty big differences. I hate the direction taken now by some CR/Sentai/Funi translations, essentially reverting back to the early days, with dropping honorifics and US name order (very jarring to hear a different name used than the one shown on screen) for example. And heavy, liberal, if not awkward localization.

Not using honorifics is a good thing. Just saying.
The other issues need balance and care, but localization in itself is never a bad thing becuase language and cultural differences do exist and do matter.

Obviously that it is a "good thing" is your opinion. Otherwise why would Nozomi and samuelp include them?

The translation should be done from the perspective of the character in that universe, not if he were transposed to an American culture, as if we were hearing him speak as an American. In fact, the only way to recognize your point about "language and cultural differences do exist and do matter" is NOT to filter out any and all differences. Dropping honorifics changes the context, sometimes significantly, not to mention also posing some cognitive dissonance between what you hear and what you read, though to a lesser degree than switching first and last names. For translations that do drop them, and when they reach a point where they can't escape its significance on screen, they suddenly add some contrived english version that is awkward and inconsistent with the rest of the non-honorific translation

At least from the point of view of Japanese, they always use honorifics appropriately for foreign characters, either Japanese equivalents or foreign such as a verbal Mr / Mrs lastname for more formal situations, plain first names for informal, as in Phantom TV, Senor(a) for Spanish, etc
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Arsenette



Joined: 02 Jun 2011
Posts: 175
PostPosted: Thu Jun 14, 2012 1:45 am Reply with quote
I have nothing to add other than THANKS to Justin for writing this Very Happy I look forward to the rest of the series!
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Asterisk-CGY



Joined: 09 Mar 2007
Posts: 398
PostPosted: Thu Jun 14, 2012 3:01 am Reply with quote
Reverse importation is seriously a non-issue but blown out to be one, like piracy. They got so many other market factors to consider before considering these.
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jsevakis
Former ANN Editor in Chief


Joined: 28 Jul 2003
Posts: 1684
Location: Los Angeles, CA
PostPosted: Thu Jun 14, 2012 11:31 am Reply with quote
Asterisk-CGY wrote:
Reverse importation is seriously a non-issue but blown out to be one, like piracy. They got so many other market factors to consider before considering these.

You don't know this, nobody does. There's never been a study as to how widespread this issue is, to my knowledge.

Anecdotally, I've seen a few Japanese fans who went to AX and were WAAAY too excited to meet Shawne Kleckner, if you get my drift. (Not that he's not an exciting guy, but...)
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bglassbrook



Joined: 29 Aug 2006
Posts: 1243
Location: Gaithersburg, MD
PostPosted: Thu Jun 14, 2012 11:45 am Reply with quote
st_owly wrote:
I've never understood this paranoia about reverse importation. The UK, most of Europe and Japan have always been in the same DVD region, yet no one cried about it before Blu Rays came along...

I don't know about quality of life issues (such as being multi-lingual or possibly delayed even longer than the R1 market,) or other specific release factors, but my guess is that a large part of that may come from video formatting. Sure, their R2 DVD player will decode the European disc, but their NTSC tv is almost certainly going to throw a fit when fed a PAL signal.
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Lord Geo



Joined: 18 Sep 2005
Posts: 2544
Location: North Brunswick, New Jersey
PostPosted: Thu Jun 14, 2012 11:51 am Reply with quote
bglassbrook wrote:
st_owly wrote:
I've never understood this paranoia about reverse importation. The UK, most of Europe and Japan have always been in the same DVD region, yet no one cried about it before Blu Rays came along...

I don't know about quality of life issues (such as being multi-lingual or possibly delayed even longer than the R1 market,) or other specific release factors, but my guess is that a large part of that may come from video formatting. Sure, their R2 DVD player will decode the European disc, but their NTSC tv is almost certainly going to throw a fit when fed a PAL signal.


Exactly what I saw going to say. Until HDTV came around, which uses one set video format I believe, the Japanese companies had no worries about their consumers buying European DVDs for anime simply because PAL was too much trouble to get around for most people to bother with. Had North America shared the same region as Japan when it came to DVDs then we might have started hearing about reverse importation fears a lot earlier than we did.
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st_owly



Joined: 20 May 2008
Posts: 5234
Location: Edinburgh, Scotland
PostPosted: Thu Jun 14, 2012 12:05 pm Reply with quote
Well there you go then. I didn't know NTSC wouldn't play PAL video, because the reverse is not true. I have several R1 NTSC import DVDs and they play fine on my PAL region free player.
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