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INTEREST: Stars Align ED Animation Allegedly Copies Dance Choreography Without Permission


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Expias



Joined: 30 Oct 2008
Posts: 176
PostPosted: Thu Oct 24, 2019 11:13 am Reply with quote
Is it just me or is there some extreme creator content imbalance over creative thought and authorship of stuff like this?

Both of the dancers apologized "for the trouble" after having TBS contact them. Like, it's not their fault.

https://twitter.com/miko02xxx/status/1187342881477951489

https://twitter.com/melomelochin/status/1187314413373517824
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rahzel rose
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Joined: 19 Apr 2011
Posts: 824
PostPosted: Thu Oct 24, 2019 11:47 am Reply with quote
This is really just disappointing. My heart sunk the first time I saw the comparison videos. I wonder where things will go from here.
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fathomlessblue



Joined: 28 Mar 2012
Posts: 345
Location: Manchester, UK
PostPosted: Thu Oct 24, 2019 11:48 am Reply with quote
On one hand, of course the ending animation director look inspiration from real life footage. I'd be shocked if they pulled all that out of the air.

On the other hand, & obviously the most point, is why on earth did they think they could get away with this without at least asking, let alone compensating the dancers. I mean broadly speaking they're fellow artists, so you'd have thought they would show respect to the effort behind other people's output?

*suddenly considers the state of the animation industry re: paying artists what they're due*

Actually, never mind. Nothing about this shady practice surprises me in hindsight.
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Greed1914



Joined: 28 Oct 2007
Posts: 4422
PostPosted: Thu Oct 24, 2019 12:03 pm Reply with quote
fathomlessblue wrote:
On one hand, of course the ending animation director look inspiration from real life footage. I'd be shocked if they pulled all that out of the air.

On the other hand, & obviously the most point, is why on earth did they think they could get away with this without at least asking, let alone compensating the dancers. I mean broadly speaking they're fellow artists, so you'd have thought they would show respect to the effort behind other people's output?

*suddenly considers the state of the animation industry re: paying artists what they're due*

Actually, never mind. Nothing about this shady practice surprises me in hindsight.


Yeah, I think you've got it right. Even if, from an artist perspective, they knew they shouldn't do it, the pressure to do things quick and cheap probably won out.
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rizuchan



Joined: 11 Mar 2007
Posts: 974
Location: Kansas
PostPosted: Thu Oct 24, 2019 12:20 pm Reply with quote
fathomlessblue wrote:
On the other hand, & obviously the most point, is why on earth did they think they could get away with this without at least asking, let alone compensating the dancers. I mean broadly speaking they're fellow artists, so you'd have thought they would show respect to the effort behind other people's output?


This is something I've been genuinely wondering about... I seem to remember an old comparison video between fight scenes in Cowboy Bebop and Naruto that were nearly identical, and the explanation was that Naruto didn't copy Cowboy Bebop, but rather, they both lifted the fight choreography from the same old kung-fu movie, and nobody seemed to bat an eye other than just like "Oh huh, that's interesting".

How exactly is this case different? Don't get me wrong, I would personally say that the kung-fu movie needed to be credited too. I was just kind of under the impression that this kind of thing was pretty common in the animation industry.
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Ming Yi



Joined: 20 Dec 2005
Posts: 207
PostPosted: Thu Oct 24, 2019 12:41 pm Reply with quote
Expias wrote:
Is it just me or is there some extreme creator content imbalance over creative thought and authorship of stuff like this?

Both of the dancers apologized "for the trouble" after having TBS contact them. Like, it's not their fault.

https://twitter.com/miko02xxx/status/1187342881477951489

https://twitter.com/melomelochin/status/1187314413373517824


It's more of a social norm in Japan. Even if it's not their fault, people are generally expected to be apologetic for causing others to be concerned... seems like in this context they apologized for causing their fans to worry about them or "hurting" fans/staff of the anime.
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Niyari



Joined: 02 Apr 2011
Posts: 341
PostPosted: Thu Oct 24, 2019 12:48 pm Reply with quote
did they copyright these dances or what? they're hardly unique
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partially



Joined: 14 Oct 2007
Posts: 702
Location: Oz
PostPosted: Thu Oct 24, 2019 12:48 pm Reply with quote
The problem becomes that a lot of the time it is only a small group or a single individual "in the know". You guys indicate it is the entire production that knows this is happening. Most often it is a small group, poorly paid, overworked, rushing to get a job done well. They are hardly going to turn to their bosses and say, "can we just copy this?" because the answer will usually be no, and it just looks and feels bad. So they are hardly going to ask for an individual to be credited.

It is therefore usually a retroactive rush to explain things by the executive IF it is found out. Which leads to some quick and lousy excuses, "it's an old kung fu movie, it's okay".
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partially



Joined: 14 Oct 2007
Posts: 702
Location: Oz
PostPosted: Thu Oct 24, 2019 12:55 pm Reply with quote
Niyari wrote:
did they copyright these dances or what? they're hardly unique


The problem isn't the copyright. Dances are notoriously hard to copyright anyway. The problem is the production very clearly copied the movements and sequence of the videos in question. And in doing so never asked permission to do so or gave credit where credit was due. Legally there is likely no real issue. Ethically it is wrong, reflects bad on the production and just looks incredibly lazy.

As you say, the individual moves are hardly unique. So why did the production not make their own?
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Яeverse



Joined: 16 Jun 2014
Posts: 1140
Location: Indianapolis
PostPosted: Thu Oct 24, 2019 12:57 pm Reply with quote
if it was just one it would have felt like coincidence, or that they somehow independently synthesized the dance, but two separate dancers, is suspicious.

Surprised they wont pull the ED since its causing controversy and bad press.
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AtoMan



Joined: 17 Sep 2012
Posts: 161
PostPosted: Thu Oct 24, 2019 1:28 pm Reply with quote
Niyari wrote:
did they copyright these dances or what? they're hardly unique


Except they are. The first video that was copied was literally the aforementioned Chika dance from Kaguya-sama's third episode. So it's a copy of a copy, to be precise.


Last edited by AtoMan on Thu Oct 24, 2019 1:29 pm; edited 2 times in total
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Utsuro no Hako



Joined: 18 May 2012
Posts: 1034
PostPosted: Thu Oct 24, 2019 1:28 pm Reply with quote
Niyari wrote:
did they copyright these dances or what? they're hardly unique


Under the Berne Convention, you don't have to register a copyright (though it's extremely helpful if you sue for infringment), but simply commit your work to a fixed form. Theoretically, you own the copyright to everything you post here, and I'm infringing by quoting your message.

But what that means for dance moves, I don't know. With photography, writing and music, what constitutes a fixed form is pretty obvious. But do these guys need actual written choreography, or is the video enough? That's a tough question.
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Kougeru



Joined: 13 May 2008
Posts: 5527
PostPosted: Thu Oct 24, 2019 1:36 pm Reply with quote
Niyari wrote:
did they copyright these dances or what? they're hardly unique


As parts? No. But as a whole, it's very unique.

Also, from this very article...

Quote:
Under Japanese Copyright law, dance choreography is considered a work of authorship.
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ranran-001



Joined: 25 Oct 2018
Posts: 534
PostPosted: Thu Oct 24, 2019 1:52 pm Reply with quote
Utsuro no Hako wrote:
Niyari wrote:
did they copyright these dances or what? they're hardly unique


Under the Berne Convention, you don't have to register a copyright (though it's extremely helpful if you sue for infringment), but simply commit your work to a fixed form. Theoretically, you own the copyright to everything you post here, and I'm infringing by quoting your message.

But what that means for dance moves, I don't know. With photography, writing and music, what constitutes a fixed form is pretty obvious. But do these guys need actual written choreography, or is the video enough? That's a tough question.


Individual dance moves, i.e. like an arm or leg motion or a spin, or even that Carlton dance(see Fortnite controversy), are not copyright-able when it's not complex enough,

But, if you take more than a few moves in the same sequence of the original, then yeah that's likely going to be copyright infringement. But I'm just going off American copyright cases, I have no idea how Japan law views dance routines.

The examples that were posted on the dancers' twitter feeds looks like the show took way more than one dance move, they took a sequence of several moves, same frame of composition and even the rhythm.
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Rika Hue



Joined: 19 Dec 2015
Posts: 147
PostPosted: Thu Oct 24, 2019 5:28 pm Reply with quote
I've once heard a phrase: "Ask for forgiveness, not permission". I'm not endorsing this thought, but trying to use it as a jumping off point to understand why this happened.

As 'partially' said earlier, production was rushed, and communication wasn't good, maybe even riddled with lies. Chances are that they didn't have the funds to compensate the dancers either. Maybe they knew it would come out into the open, and then the dancers would be compensated / credited. This is where the 'forgiveness not permission' comes in. That is not an excuse though. Again, I'm trying to figure out what whoever was responsible or in charge was thinking. But, as you can see, it is a futile effort. All we can do now is wait for an official statement.

Яeverse wrote:
Surprised they wont pull the ED since its causing controversy and bad press.


It's too early to say that it won't be pulled. I also though it is going to be pulled, but if they pay and credit the dancers, then they can still use the dancing sequences.

This news does leave a bit of a bad taste in my mouth about the show, but I still want to watch the rest of it.
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