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American/European doujinshi group sued by Shogakukan




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s_j



Joined: 18 Oct 2004
Posts: 162
PostPosted: Tue Mar 08, 2005 3:15 pm Reply with quote
I'm suprised this isn't getting a little bit more attention than it has...

http://www.studioplugnplay.com/2006.htm

(via animenewsservice.com)


Details are lacking, but my first gut reaction is that apparently Shogakukan will tolerate this in their home country, but will not support the same creative fan activity overseas. Perhaps the general anime fandom here is simply not in the same class as Japanese fandom in their eyes, and not afforded the same courtesy.
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Grieving Chaos



Joined: 10 May 2004
Posts: 99
Location: Winterpark, FL
PostPosted: Tue Mar 08, 2005 9:47 pm Reply with quote
Wow - I didn't know that doujinshi's were being produced in America all. :?

But I think that sucks - I know that American comic companies are anal about their titles, but I thought the Japanese were a bit more lax.
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littlegreenwolf



Joined: 10 Aug 2002
Posts: 4796
Location: Seattle, WA
PostPosted: Wed Mar 09, 2005 8:59 am Reply with quote
There's a ton of American "doujinshi", but it's mostly all online. *is working on her own fancomic series for a band*
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s_j



Joined: 18 Oct 2004
Posts: 162
PostPosted: Wed Mar 09, 2005 11:30 pm Reply with quote
littlegreenwolf wrote:
*is working on her own fancomic series for a band*


That is very cool. Smile

Without any firm details, I think part of the reason why this was escalated into real legal action might be because these doujinshi were not just made available online, but sold at fan conventions where actual companies themselves have a strong presence, and may even have shared a dealer room. Japanese companies don't have any incentive to protect or even promote such a movement here, since they probably don't see foreign doujinshika as a creative pool from which to pluck talent, as it is in Japan.
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Dilandau



Joined: 06 Jan 2004
Posts: 525
Location: Tea House
PostPosted: Thu Mar 10, 2005 2:52 am Reply with quote
Quote:
they probably don't see foreign doujinshika as a creative pool from which to pluck talent, as it is in Japan


I think that is a very pragmatic thought. A foreign comicker is 'borrowing' copyrighted material with no possible positive influence in the Japanese industry (if the wind blows the right way, and all the stars in the universe align just so, it could possibly be a 'competition' - at least in the US market).

Simple solution. Make original doujinshi. Thats what I do, the idea of doing a story with other peoples ideas was never very appealing.

Another point (in lieu of US conventions), is that there really is no place for foreign(western) doujinshi-ka to peddle their wares. I think if the US manga industry really gave a crap about 'western-manga' that they would support a few doujinshi cons, or at least promote seperate areas at cons (not just all the odd-ball people smashed into the last and smallest con room).

I personally think that there is a thriving doujin community, but there is no public outlet short of being 'officially' published. If there were said doujinshi structures at cons or whatnot, I believe that there would be a shift away from just i-net comics to traditional self-publications.

...so says the crazy person...
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Kagemusha



Joined: 20 Feb 2004
Posts: 2783
Location: Boston
PostPosted: Thu Mar 10, 2005 3:20 am Reply with quote
This is an odd situation. I can only guess this happened because Viz noticed it and complained to Shogakukan.
As for doujinshi's leading to a publishing deal, I think that it obviously has and will happen, with Tokyopop now publishing several American artists. There are tons of American comics out there with manga influenced art (just look at Oni Press or Adam Warren), but they are only influenced to a degree and still use many American techniques for story and art. As far as an American comic that totally tries to emulate manga, so far I haven't been to impressed with what I've read (both commercial and doujinshi), but I'm willing to keep an open mind.
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Haru to Ashura



Joined: 13 Jan 2005
Posts: 617
Location: Termina
PostPosted: Thu Mar 10, 2005 3:31 pm Reply with quote
Normally I wouldn't complain about this sort of thing, after all, they were in breach of copyright.

However, if they let hundreds upon hundreds of Japanese artists do it, but get mad at people doing it in the US, then that's just unfair. If they're going to bring out the law, then do so, but treat everyone equally.

For doujinshi artists here that still want to make fan-based comics, I believe that if you make the story with slight differences, but similar enough for it to be classified as parody, then you're safe, since it is legal to make parodies.
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bnewhall



Joined: 04 Sep 2003
Posts: 110
Location: USA
PostPosted: Sat Mar 12, 2005 8:45 am Reply with quote
Interesting. You really think that copyright law is exactly the same in America as it is in Japan?
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s_j



Joined: 18 Oct 2004
Posts: 162
PostPosted: Sat Mar 12, 2005 4:03 pm Reply with quote
bnewhall wrote:

Interesting. You really think that copyright law is exactly the same in America as it is in Japan?


If you are implying that doujinshi are "legal" in Japan, you'd be mistaken.

Doujinshi thrives in Japan not because laws are different...there is no parody exemption in Japan according to a few artists acquantances, so one could say their copyright laws are even more strict...but because the Japanese companies allow them to thrive. Every now and then a Japanese company will sue a doujin circle, just to show that they can. Konami has done it, Nintendo has done it, even Shogakukan has done it, I think. Not just in civil court either, some have served short jailtime.

Otherwise, Japanese circles pretty much publish with impunity, but not because what they do is legal. It's the attitude and understanding between both the Japanese companies and their fan base.

Haru-->
Just so that nobody gets the wrong ideas, I want to point out that "slight differences" are not enough for you to claim parody in the US.

Parody almost always make a critique of the original, usually through humorous satire. There are also a bunch of other factors courts may look at, such as whether the work is commercial, whether it supplants the original in the marketplace, how much of the work is based on the original, and so on.

That is mostly moot however as large corporations, if they choose to be vindictive, can outlast any doujin circle in court and bury them with paperwork alone. So everyone who makes a doujinshi still runs legal risk...but that's part of the charm, isn't it. =)
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