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Hey, Answerman! - ACTA Aghast-a


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EnigmaticSky



Joined: 06 Aug 2011
Posts: 746
PostPosted: Fri Feb 10, 2012 9:24 pm Reply with quote
My generation's Ninja Scroll... heh. Glad you liked the line.

I was curious how the "fan art" like that was legally sold. I'm glad that you shed some light on the subject. I was also interested in hearing what you had to say about ACTA. I wasn't aware of much of it aside from the fact that it was like SOPA for Europe.
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TitanXL



Joined: 08 Jun 2010
Posts: 4036
PostPosted: Fri Feb 10, 2012 9:39 pm Reply with quote
Answerman wrote:
A one-way ticket to a Cease and Desist order is to do anything with Pokémon, for instance. There's a fear in these companies that their younger audience might get "confused" by these fan-made works and think that they actually came from within Nintendo, and so they're pretty militant about scrubbing the area clean from any unauthorized likenesses of the characters.


*glances at a site and notices various hentai CG packs and doujinshi for sale featuring Hikari, Iris, Kasumi, Haruka, Touko, etc*

I'm going to rebuttal with a 'no'?

It'd be pretty hypocritical for them to do that given they've mentioned the main reason they change the main female each series is for fanservice-y reasons. Hikari was the most blatant out of all the Pocket Monsters girls (and the most successful, if you go by how much art they get)
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Lincolne



Joined: 02 Aug 2010
Posts: 43
PostPosted: Sat Feb 11, 2012 12:07 am Reply with quote
EnigmaticSky wrote:
I aware of much of it aside from the fact that it was like SOPA for Europe.

Its not SOPA for Europe. Its SOPA for the world.
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gordok



Joined: 12 Jul 2009
Posts: 22
Location: San Diego, CA
PostPosted: Sat Feb 11, 2012 2:20 am Reply with quote
Fair warning: From a few news reports, I gather SOPA hasn't really gone away; it's merely been "rebranded" (since the internet public is aware of its original name and purpose). Thus, it still has every chance to be implemented.

As for the Artists Alley: There are also "work-for-hire" projects--i.e., a commissioning customer can ask an artist to produce an original work that includes copyrighted characters. It's my understanding that "work-for-hire" is generally permitted because the final product is considered an "original" work "authored" by the commissioner.

However, if said work is then mass-produced (mainly for profit), or the work (for lack of a better word) defames the copyrighted characters significantly, then the commissioner could still get into legal trouble with the original copyright owners.

Whether the copyright owners do so probably depends on how extreme the profits or defamation is. Suing does take time, money and effort; and if the material is not too offensive, it's essentially free advertising for the original (authorized) property.

Hence (IMHO), because of the relatively low level of profit most Artist Alley artists can collect, chances are the copyright owners are not going to pursue the issue (in most cases).
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LuScr



Joined: 26 Apr 2007
Posts: 104
PostPosted: Sat Feb 11, 2012 3:46 am Reply with quote
For Americans, perhaps the most frustrating part about ACTA is that it was never voted on, and never will be.

President Obama signed for the US--but he signed it as an "executive agreement," rather than a treaty.

And as it is not being treated as a treaty, it will not be presented to the Senate for ratification. It's a done deal.
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Ryu Shoji



Joined: 15 Jul 2009
Posts: 656
Location: Cambridge, United Kingdom
PostPosted: Sat Feb 11, 2012 5:19 am Reply with quote
In regards to self publishing, those reasons are precisely why with my novel, I am planning on approaching literary agents, who will then approach publishers.

Also, it's odd that Poland has no anime...as MangaUK's main production is apparently done in Poland (who are actually the UK distributor of Naruto >>).
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writerpatrick



Joined: 29 Mar 2006
Posts: 604
Location: Canada
PostPosted: Sat Feb 11, 2012 7:23 am Reply with quote
I don't believe e-mail is considered a legitimate means to give legal notice. A C&D would have to be mailed or faxed.

Most who go into self-publishing do it simply because they can't get a publisher interested. Writing is an extremely competitive market. And nowadays the publisher doesn't do all that much to promote the book either. It's mostly the writer's responsibility for that.
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halo



Joined: 11 May 2004
Posts: 345
PostPosted: Sat Feb 11, 2012 7:52 am Reply with quote
Ryu Shoji wrote:

Also, it's odd that Poland has no anime...as MangaUK's main production is apparently done in Poland (who are actually the UK distributor of Naruto >>).


It's also odd since the encyclopedia lists a Polish broadcaster for Naruto.
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DavidShallcross



Joined: 19 Feb 2008
Posts: 1008
PostPosted: Sat Feb 11, 2012 10:58 am Reply with quote
Quote:
Ooh, and the worst part about ACTA? It essentially criminalizes "generic" drugs, because one of ACTA's key proponents has been the Pharmaceutical Research and Manufacturers of America, because how dare those "generic" drugs exist and eat into a drug company's profit margin. Just, ugh.

It criminalizes "generic" drugs in the sense of knock-offs imported from countries that turn a blind eye to patent violations. It doesn't criminalize generic drugs in the more usual sense in the US of drugs whose patents have expired.
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Gilles Poitras



Joined: 05 Apr 2008
Posts: 433
Location: Oakland California
PostPosted: Sat Feb 11, 2012 11:02 am Reply with quote
DavidShallcross wrote:
It criminalizes "generic" drugs in the sense of knock-offs imported from countries that turn a blind eye to patent violations. It doesn't criminalize generic drugs in the more usual sense in the US of drugs whose patents have expired.


It also makes it easier to go after counterfeit drugs, usually something that is similar but does not have the same (or any) health benefits of the real drugs. Think fake Rolex for heart disease.
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Losstarot



Joined: 16 Apr 2007
Posts: 28
PostPosted: Sat Feb 11, 2012 2:20 pm Reply with quote
Gilles Poitras wrote:
DavidShallcross wrote:
It criminalizes "generic" drugs in the sense of knock-offs imported from countries that turn a blind eye to patent violations. It doesn't criminalize generic drugs in the more usual sense in the US of drugs whose patents have expired.


It also makes it easier to go after counterfeit drugs, usually something that is similar but does not have the same (or any) health benefits of the real drugs. Think fake Rolex for heart disease.


Additional reading on the generic drugs issue (scroll down to the second claim):
http://arstechnica.com/tech-policy/news/2012/01/internet-awash-in-inaccurate-anti-acta-arguments.ars

From what I understand, life for generic drugs under ACTA gets harder but is still possible as long as the producers of those generic drugs make sure their drugs are branded in such a way that they avoid trademark issues. So while ACTA might be a bad thing, at least the drugs might have some hope.


Last edited by Losstarot on Sat Feb 11, 2012 2:41 pm; edited 1 time in total
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Hardgear



Joined: 27 Mar 2009
Posts: 432
PostPosted: Sat Feb 11, 2012 2:28 pm Reply with quote
halo wrote:
Ryu Shoji wrote:

Also, it's odd that Poland has no anime...as MangaUK's main production is apparently done in Poland (who are actually the UK distributor of Naruto >>).


It's also odd since the encyclopedia lists a Polish broadcaster for Naruto.


The encyclopedia also lists an English broadcaster for One Piece in the US. All that means is that at one point at least 1 episode of said anime was shown on TV, it doesn't say anything about whether or not you can still legally watch said anime.

So basically it is not odd at all, and it is entirely possible that Naruto is no longer legally available in Poland.
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kanechin



Joined: 21 Jan 2012
Posts: 447
PostPosted: Sat Feb 11, 2012 4:59 pm Reply with quote
Since the Answerman mentioned ACTA hopefully more people who frequent ANN will learn how bad it is.
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ss-hikaru



Joined: 16 Nov 2010
Posts: 269
Location: Western Australia
PostPosted: Sat Feb 11, 2012 7:46 pm Reply with quote
TitanXL wrote:
It'd be pretty hypocritical for them to do that given they've mentioned the main reason they change the main female each series is for fanservice-y reasons. Hikari was the most blatant out of all the Pocket Monsters girls (and the most successful, if you go by how much art they get)


Are you referring to the anime (as in how Ash/Satoshi stays the same but the main girl character changes)? How was Hikari the most blatant (was it personality-wise)? I'm only familiar with the pokemon leads through the games and manga.
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TitanXL



Joined: 08 Jun 2010
Posts: 4036
PostPosted: Sat Feb 11, 2012 8:27 pm Reply with quote
ss-hikaru wrote:
Are you referring to the anime (as in how Ash/Satoshi stays the same but the main girl character changes)? How was Hikari the most blatant (was it personality-wise)? I'm only familiar with the pokemon leads through the games and manga.


Er, yes, the anime. I say Hikari because her entire schtick was dressing up and doing [email protected] performances and contests. Her outfits ranged from cheerleader, cheongsam, and maid outfits, to speak of the more blatant ones. Although, incidentally, she was also the most developed and experienced the most character growth out of all the females, so it wasn't as if she was just there to look pretty and nothing else.
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