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NEWS: Japan Considers Revising Copyright Law Due to Trans-Pacific Partnership


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Kadmos1



Joined: 08 May 2014
Posts: 13560
Location: In Phoenix but has an 85308 ZIP
PostPosted: Mon Nov 16, 2015 7:25 am Reply with quote
The "Speak Out Against the Trans-Pacific Partnership Agreement" has an infograph on why to oppose TPP. One reason to oppose is that it could reduce the availability of cheap generic drugs. For people who already a hard enough time affording them, they may opt to do illegal activities to get their prescriptions.
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Joshua Taylor



Joined: 03 Jul 2015
Posts: 23
PostPosted: Mon Nov 16, 2015 8:58 am Reply with quote
The Japanese Government has gave cosplayers a false sigh of relief when one day the changes to Japanese IP law will in fact put cosplayers in jail even if it's for "personal and private use" under Article 27. Should parents be forced to tell their children that they can't draw this character or dress up as that character?

DeviantArt who doesn't enforce their copyright policy will be forced to do so or they will be shut down.

Goodbye fanfiction dot Net.

And let's not forget about software and security.

if you're a security analyst who spotted a flaw in software, you will be in legal trouble.

If you use Linux or Ubuntu, you will go to jail.

We do not need overcrowded prisons.


Last edited by Joshua Taylor on Mon Nov 16, 2015 9:15 am; edited 1 time in total
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H. Guderian



Joined: 29 Jan 2014
Posts: 1255
PostPosted: Mon Nov 16, 2015 9:13 am Reply with quote
They just have to keep quiet about all these provisions until they ram it through. Even if you agree with Obamacare, the fact many didn't read it before passing it shows the mentality going into this. Gov't folks aren't artists, and they generally think they're doing good things. "Help people with insurance, help artists with more protections" but if you permit a government that'll do whatever it wants in the name of protecting people it'll expand government powers until there's no way to roll things back.

At the very least this'll choke Anime and Manga content getting out of Japan, so if you enjoyed the nostalgic days of getting physical VHS copies through the mail you may have to do something similar in the new online arena.

Everyone had been laughing at the Libertarians for years, but might now start getting that we had a point.
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Cutiebunny



Joined: 18 Apr 2010
Posts: 1748
PostPosted: Mon Nov 16, 2015 9:17 am Reply with quote
Quote:
"..and charge possible offenders, even without a complaint from the copyright holder, if the offense is on a "commercial scale"..


That's the most important line from this article...Is the item being sold commercially? This means that your online fanfics are safe lest you're charging people to read them. So your Fanfiction site will be around, regardless of whether or not it's passed.

The way things are now, it's going to be very hard to enforce this, at least in Japan. Who is going to troll Comiket to not only ensure that sellers are not releasing their IP, but also timely file and serve legal paperwork to doujin circles selling a company's IP at a two day event? Even if a company's representatives located an artist that was selling their property and spent the funds to expedite the paperwork to file, how much money would they stand to receive from that artist versus how much they spent on legal fees and the possible fallout of their property from fans upset that this company could be so ruthless?

While TPP could be bad for small time artists, it would ultimately depend on how Japan decides to interpret the legalese and how much money the government and corporations want to spend on its enforcement. My thought is that artists selling doujinshi featuring Western IP, such as doujinshi featuring characters from the Marvel universe, will stand a higher chance of being sued than those selling artwork from a seasonal otome anime property. And, that's sorta how it works now, at least in the US, when it comes to fan artists selling prints featuring Marvel characters. If Marvel likes it and chooses to make prints of it, they can and do approach the artist, tell them they're going to sell that artwork and the artist is not entitled to a cent of the money Marvel earns because the fan artist never had permission from Marvel to use their property.
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Joshua Taylor



Joined: 03 Jul 2015
Posts: 23
PostPosted: Mon Nov 16, 2015 9:26 am Reply with quote
Cutiebunny wrote:
Quote:
"..and charge possible offenders, even without a complaint from the copyright holder, if the offense is on a "commercial scale"..


That's the most important line from this article...Is the item being sold commercially? This means that your online fanfics are safe lest you're charging people to read them. So your Fanfiction site will be around, regardless of whether or not it's passed.


The term "commercial scale" extends to non-profit under the TPP. Fanfiction sites will be gone once it passes.
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Selipse



Joined: 04 Sep 2014
Posts: 216
PostPosted: Mon Nov 16, 2015 10:19 am Reply with quote
OzuBezariusu wrote:
The same issues would apply to doujinshi and, in fact, the TPP is written broadly enough that even similar archetypes, plot devices, artistic styles, etc. would have to be proven "transformative" enough to not be infringing to a multitude of copy-written works if litigated.


So what you're saying is that tsunderes would be illegal?
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kanjineogeo



Joined: 21 Jun 2009
Posts: 166
Location: Flordia, USA
PostPosted: Mon Nov 16, 2015 10:41 am Reply with quote
Joshua Taylor wrote:
Cutiebunny wrote:
Quote:
"..and charge possible offenders, even without a complaint from the copyright holder, if the offense is on a "commercial scale"..


That's the most important line from this article...Is the item being sold commercially? This means that your online fanfics are safe lest you're charging people to read them. So your Fanfiction site will be around, regardless of whether or not it's passed.


The term "commercial scale" extends to non-profit under the TPP. Fanfiction sites will be gone once it passes.


So do you really think the TPP cannot be defeated? If yes, why?


Last edited by kanjineogeo on Mon Nov 16, 2015 11:21 am; edited 1 time in total
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maximilianjenus



Joined: 29 Apr 2013
Posts: 2864
PostPosted: Mon Nov 16, 2015 10:58 am Reply with quote
hopefully this means that the japanese will stop making doujins of western properties; that's cool for me because I don't like them.
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Touma



Joined: 29 Aug 2007
Posts: 2651
Location: Colorado, USA
PostPosted: Mon Nov 16, 2015 11:06 am Reply with quote
Joshua Taylor wrote:
The term "commercial scale" extends to non-profit under the TPP. Fanfiction sites will be gone once it passes.

The article says:
Quote:
"situations that do not have a major impact on the original work's profits" are exempted

I doubt that fan fiction has any impact on the original work's profits because people do not read fan fiction instead of buying the original work. Fan fiction us usually made by and for those who do support the original work.

The article also says:
Quote:
JASRAC has suggested a clarification of terms, such as what constitutes a "commercial scale" offense, or quantifying what a "major impact" entails. The organization also recommended that rights holders be consulted on whether violators should be prosecuted.

The Japanese government has previously stated that if legal revisions are made, they will be made in a way that will not seriously impact people's hobbies.

I am going to wait for more decisions to be made and more information to be published before I start seriously worrying about this.
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Hoppy800



Joined: 09 Aug 2013
Posts: 3331
PostPosted: Mon Nov 16, 2015 11:35 am Reply with quote
kanjineogeo wrote:
Joshua Taylor wrote:

The term "commercial scale" extends to non-profit under the TPP. Fanfiction sites will be gone once it passes.


So do you really think the TPP cannot be defeated? If yes, why?


It can be watered down and sections removed but not totally defeated, it can be passed without the IP part of it pretty easily but there's one other issue I don't want the medical portioned in TPP to go through even though the more ridiculous stuff got removed from that portion, there's still too much tyranny that will cause billions to die.

Removed buried quotes. Please see the rules for overquoting here. --willag
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jojothepunisher



Joined: 04 Sep 2007
Posts: 799
PostPosted: Mon Nov 16, 2015 12:09 pm Reply with quote
If TPP ends up preventing Comiket from happening in the future, there will be protests and demonstrations.
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kanjineogeo



Joined: 21 Jun 2009
Posts: 166
Location: Flordia, USA
PostPosted: Mon Nov 16, 2015 1:25 pm Reply with quote
Hoppy800 wrote:
It can be watered down and sections removed but not totally defeated, it can be passed without the IP part of it pretty easily but there's one other issue I don't want the medical portioned in TPP to go through even though the more ridiculous stuff got removed from that portion, there's still too much tyranny that will cause billions to die.


Well I guessing it you will think again.

It won't pass if something most likely dramatic happens ( Like a black out we did to SOPA).

Or if it does pass which I think most likely you agree on, the economy will take a huge hit due to a loss of free ads to the internet that has bring to products. Giving an criticism against the government would reach new high on the loss of free speech. You will think as I sure will be a lot of protesters out there. So it will cause a lot of chaos as the government have no choice to revoke it. But maybe we should wait till the bad stuff happens to fix it instead of trying to stop it from happening in the first place. But it may not happen for Japan since people from this nation often don't stand up against the government even if the laws are oppressive and can hurt them.
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Suena



Joined: 27 May 2012
Posts: 289
PostPosted: Mon Nov 16, 2015 4:36 pm Reply with quote
dark13 wrote:
then How come reviews keep getting Copyright strikes ?

Not sure if you mean anime or game reviews...but for anime review videos, if they're using OP or ED music, that's usually property of a music record label. They're very strict about copyright, and it's pretty easy to scan for the audio waveform.
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dark13



Joined: 04 Oct 2015
Posts: 562
PostPosted: Mon Nov 16, 2015 7:24 pm Reply with quote
Suena wrote:
dark13 wrote:
then How come reviews keep getting Copyright strikes ?

Not sure if you mean anime or game reviews...but for anime review videos, if they're using OP or ED music, that's usually property of a music record label. They're very strict about copyright, and it's pretty easy to scan for the audio waveform.
both and it even happen to this guy no audio or anything https://www.youtube.com/watch?v=CPuAmzV_3v0 it just happen its abuse of power is what it is and that what the TPP is going to do
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Hoppy800



Joined: 09 Aug 2013
Posts: 3331
PostPosted: Mon Nov 16, 2015 7:54 pm Reply with quote
kanjineogeo wrote:
Hoppy800 wrote:
It can be watered down and sections removed but not totally defeated, it can be passed without the IP part of it pretty easily but there's one other issue I don't want the medical portioned in TPP to go through even though the more ridiculous stuff got removed from that portion, there's still too much tyranny that will cause billions to die.


Well I guessing it you will think again.

It won't pass if something most likely dramatic happens ( Like a black out we did to SOPA).

Or if it does pass which I think most likely you agree on, the economy will take a huge hit due to a loss of free ads to the internet that has bring to products. Giving an criticism against the government would reach new high on the loss of free speech. You will think as I sure will be a lot of protesters out there. So it will cause a lot of chaos as the government have no choice to revoke it. But maybe we should wait till the bad stuff happens to fix it instead of trying to stop it from happening in the first place. But it may not happen for Japan since people from this nation often don't stand up against the government even if the laws are oppressive and can hurt them.


Japan is slowly starting to wake up

Example here

https://www.rt.com/news/313856-japan-rally-parliament-war-bill/

This bill is tyranny to the point that even Japanese citizens don't want it and will stand up against it.

It's more like they will take a stand if it's bad enough.
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