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INTEREST: TPP Copyright Laws Come Into Effect in Japan, Allows Breaches to Be Charged Without Initia


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Cutiebunny



Joined: 18 Apr 2010
Posts: 1372
PostPosted: Sat Jan 12, 2019 8:52 pm Reply with quote
So instead of certain series being resold at stores like Toranoana, they'll just be resold on Yahoo Japan auctions.
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Fuzzy Pickles!



Joined: 30 Jan 2013
Posts: 25
PostPosted: Sat Jan 12, 2019 9:28 pm Reply with quote
Concerning the copyright extensions, does that mean the changes are retroactive, meaning that literary works of authors who died fifty to sixty-nine years ago are removed from the public domain or does the public domain remain and Japan just won't have any more work fall under it of authors who died after 1968 for twenty years? I think it's the former but I would like to be sure.
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Meongantuk



Joined: 03 Jun 2016
Posts: 134
PostPosted: Sat Jan 12, 2019 9:59 pm Reply with quote
Cutiebunny wrote:
So instead of certain series being resold at stores like Toranoana, they'll just be resold on Yahoo Japan auctions.


The scalpers must feel very happy now.
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Lynx Raven Raide



Joined: 01 Nov 2017
Posts: 105
PostPosted: Sat Jan 12, 2019 11:34 pm Reply with quote
Fuzzy Pickles! wrote:
Concerning the copyright extensions, does that mean the changes are retroactive, meaning that literary works of authors who died fifty to sixty-nine years ago are removed from the public domain or does the public domain remain and Japan just won't have any more work fall under it of authors who died after 1968 for twenty years? I think it's the former but I would like to be sure.

I think it might be a case of them remaining in public domain if they already are, but those which are at the 49 or so year mark would have the copyright extended. I can't see this being applied retroactively without there being some kind of legal quagmire.
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Actar



Joined: 21 Nov 2010
Posts: 956
Location: Singapore
PostPosted: Sun Jan 13, 2019 12:27 am Reply with quote
This is so silly.
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Xavon



Joined: 09 Jan 2007
Posts: 222
Location: Minnesota
PostPosted: Sun Jan 13, 2019 3:09 am Reply with quote
Lynx Raven Raide wrote:
Fuzzy Pickles! wrote:
Concerning the copyright extensions, does that mean the changes are retroactive, meaning that literary works of authors who died fifty to sixty-nine years ago are removed from the public domain or does the public domain remain and Japan just won't have any more work fall under it of authors who died after 1968 for twenty years? I think it's the former but I would like to be sure.

I think it might be a case of them remaining in public domain if they already are, but those which are at the 49 or so year mark would have the copyright extended. I can't see this being applied retroactively without there being some kind of legal quagmire.


Article 39 of the constitution of Japan prohibits the retroactive application of laws. So it will remain public domain.
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rtil



Joined: 22 May 2005
Posts: 74
PostPosted: Sun Jan 13, 2019 4:09 am Reply with quote
you can give all the assurances in the world, this is still a huge loss for the independent artist. this law will be used to prey on the little guy and protect big money.
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casenumber00



Joined: 05 Feb 2011
Posts: 71
PostPosted: Sun Jan 13, 2019 5:00 am Reply with quote
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Hoppy800



Joined: 09 Aug 2013
Posts: 2550
PostPosted: Sun Jan 13, 2019 10:58 am Reply with quote
casenumber00 wrote:


I remember that day, he held up the bill as well and it became a meme for a short time. Looks like all is well for the most part in the doujin space and I can still import games due to the above.
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Kadmos1



Joined: 08 May 2014
Posts: 12193
Location: In Phoenix but has an 85308 ZIP
PostPosted: Sun Jan 13, 2019 11:12 am Reply with quote
It is absurd that retroactive copyright extensions, trademarking the public domain, and copyright restoration allow for what is, practically speaking, a perpetual copyright. Like 100+ years of copyright is not enough? Why many people, practically speaking, see fan subs as theft (it its) but not necessarily see those 3 acts as "public domain theft" is beyond me.

In mentioning points about the first sentence in various web sites, I have often noted my hypocrisy of frequenting scanlation sites. However, it is unlikely for Disney to admit their copyrights have lasted too long.
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FenixFiesta



Joined: 22 Apr 2013
Posts: 2563
PostPosted: Sun Jan 13, 2019 2:00 pm Reply with quote
The TPP exists... except when it doesn't.
this "law when it is convenient" is just hypocrisy incarnate, I am glad that the Doujin community can continue as usual but just as well it shows off how inconsequential Laws become when Nations can openly spite an international agreement when it is inconvenient.
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noblesse oblige



Joined: 22 Dec 2012
Posts: 254
Location: Florida
PostPosted: Sun Jan 13, 2019 2:49 pm Reply with quote
Hoppy800 wrote:
casenumber00 wrote:


I remember that day, he held up the bill as well and it became a meme for a short time. Looks like all is well for the most part in the doujin space and I can still import games due to the above.


Trump is just inserting the same copyright and intellectual property provisions from the TPP into the new NAFTA deal, because he knows average people aren’t paying attention to the actual content of these trade deals. For people concerned about the fate of unofficial fanworks, it will be effectively the same result as if the US had signed the TPP.https://www.eff.org/deeplinks/2017/03/nafta-renegotiation-will-resurrect-failed-tpp-proposals
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Fuzzy Pickles!



Joined: 30 Jan 2013
Posts: 25
PostPosted: Sun Jan 13, 2019 7:55 pm Reply with quote
Xavon wrote:
Lynx Raven Raide wrote:
Fuzzy Pickles! wrote:
Concerning the copyright extensions, does that mean the changes are retroactive, meaning that literary works of authors who died fifty to sixty-nine years ago are removed from the public domain or does the public domain remain and Japan just won't have any more work fall under it of authors who died after 1968 for twenty years? I think it's the former but I would like to be sure.

I think it might be a case of them remaining in public domain if they already are, but those which are at the 49 or so year mark would have the copyright extended. I can't see this being applied retroactively without there being some kind of legal quagmire.


Article 39 of the constitution of Japan prohibits the retroactive application of laws. So it will remain public domain.
So in other words, the public domain Japan has will remain but it will remain stagnant for the next twenty years.

I guess it's better than I thought but man is that still lame. I wish that something or anything could be done about absurd copyright laws.
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Kadmos1



Joined: 08 May 2014
Posts: 12193
Location: In Phoenix but has an 85308 ZIP
PostPosted: Sun Jan 13, 2019 8:04 pm Reply with quote
I think in terms of works entering the public domain, the American public domain might be better than most other nations. Generally, a pre-1922 work that was registered with the U.S. Copyright Office is now public domain here. However, there are many pre-1922 works in other countries that are still copyrighted because of the life+50 min. requirement for the Berne Convention.
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vision33r



Joined: 27 Oct 2008
Posts: 88
PostPosted: Sun Jan 13, 2019 8:33 pm Reply with quote
These new laws are written for the publishers to gain not the rights holder. This would mean that even if the original right's holder is dead. The rights can be picked up by a publisher and be used to monetarize the IP even without merit.
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