Forum - View topicRemoval of bootleg manga on e-bay?
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littlegreenwolf
 Posts: 4796 Location: Seattle, WA |
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Posting this in hopes that someone can tell me if there is anything else I can do.
I run a scanlation group, and until now I have never had any problems with bootlegers before. Then just recently I find my group's scanlations being sold on cd on ebay. I've already reported them to ebay for illegal copies, and e-mailed the seller asking them to remove them, but so far they haven't been taken off. Anyone know any other ways I can get them to take off the auction? In hopes that this never happens again I'm having my group add the "if you paid for this you've been screwed" sort of thing to every couple of pages, but does anyone have any other suggestions on how to discourage people trying to resell them? And don't tell me to quit scanlating, that's not going to happen. |
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kusanagi-sama
 Posts: 1723 Location: Wichita Falls, TX |
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You can do that, but they can just remove it using any photo editing software.
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CrackaJax
 Posts: 250 Location: Mount Olympus, Syracuse University |
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Well, he could try doing it as a watermark...but that would be kinda annoying after a while.
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darkhunter
 Posts: 2992 Location: Los Angelas |
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Ebay's unauthorized copy policy and information page:
http://pages.ebay.com/help/policies/unauthorized-copies.html Report pirate at the bottom of that page under "report" I've report many people on ebay before and some get scare and take it off. Others just keep selling. If enough people report, eventaully ebay will investigate. Last edited by darkhunter on Thu Sep 30, 2004 4:15 pm; edited 1 time in total |
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Haiseikoh 1973
 Posts: 1590 Location: Waiting for the Japanese 1000 Gunieas. |
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Unless eBay get's a legal call (or threat) from the copyright holders of said material, eBay will not pursue removing said items from their website.
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aoie_emesai
 Posts: 52 Location: Necessary? |
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Even though Ebay is international, there really isnt anything you can do besides, Complain to them. Enough will make them do some research, reporting that they're pirated is probably the best thing you can do.
Humm... those Prohibited items seems to be 60% of all sales of Cds and DVDs  okashii ne?
I bet you 90% of the sellers dont read that Prohibited part ps: THOSE DIRTY *&%!@* NEEDS NOT TO SELL MANGASCANS |
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darkhunter
Posts: 2992 Location: Los Angelas |
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Like I said earlier, it's more used as a scare tactic. Ebay will question the seller's item with an email. The seller can either continue selling or think about thier product and stop selling. It's like a scare tactic. At least it's worth a try. Better to report than not to do anything at all. |
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cookie
Former ANN Editor in Chief
 Posts: 2460 Location: Do not contact me for support. |
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You *may* hold copyright to the translation that they're selling, ergo you can say that "the product they're selling is illegal because I never gave them permission to use my translation.". I say "may", because Japanese copyright grants the right to translation.. but IIRC US copyright law also offers that a translator holds the right to his or her translation. So it's kinda a grey area of the law, and I'm not entirely sure which side wins out. However, unfortunately, YOU hold no copyright over the pictures used.. and as such, you can't stop them from illegally selling the manga -- only illegally selling your translation. |
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littlegreenwolf
Posts: 4796 Location: Seattle, WA |
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Wow... I may hold the rights to the translation? o.O Cool.
*goes to complain to amazon with that* I don't feel I have any claim to the manga or anything of the sort, I just don't want people making an easy dollar off my hardwork and ripping off fans. |
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cookie
Former ANN Editor in Chief
Posts: 2460 Location: Do not contact me for support. |
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Disclaimer: I am not a lawyer. Do not consider this sound legal advice. But... Basically, I think what it came down to was this: 1) The Japanese company holds the copyright for the manga AND all translations. 2) Individuals are permitted to translate works for personal use. 3) Therefore, provided that you own the manga yourself, and that you translated it yourself, you have the right to make and use it for your own private use. You do not have permission to distribute that translation online, of course. 4) You DID distribute that translation online, and now someone else is selling your translation. Surprise, surprise. Right? If so, then #2 dictates you *do* have the right (and even a responsability) to tell them NOT to use your translation. Of course, both you and the seller are committing (effectively) the same crime -- copyright violation. I don't know if a court would see one as more infringing than the other. At any rate, all e-bay will do is (at most) remove the seller's account, and the seller can easily sign up for a new one. the only way to stop the seller for good is to sue them for misusing your translation.. :/ |
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aoie_emesai
Posts: 52 Location: Necessary? |
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I haven't thought about it that deep but it seems that the scanners are actually to blame, but that seems oxymoron ne?
To help, is to acutally to destroy? Wakairimasen |
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Arkard
 Posts: 677 Location: Poland |
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Umm... I contacted my cousin who finished Law School at some american university. This is what he told me (although he was little wasted when we talked but this seems fairly good).
When you scan a manga, you dont hold any kind of rights to it. The rights belong to the publisher. Right. But if the manga is yours, and you alter it (write and paste translation to it) the alterations become... lets say, your property  .
Even though it belongs to you, YOU dont have any right to sell it because, the Scans contain the drawings which are not yours. You can give it away for free tho. Now, not only does this guy at e-bay sells the images which belong to the japanese publisher, but also YOUR alterations which you had made. I think, if you have time on your hands, you have a case in civil court. |
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Dilandau
 Posts: 525 Location: Tea House |
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There is no paperwork in such that give you "official" copyright. In essense, anything you create can be labeled as copyright and you are allowed to use the little copyright symbol on your works. But as Cookie pointed out, you are legally in an equally shady area as the bootlegger. And thus, there is probably nothing else (i.e. anything with authority) that you can do that won't be possibly incriminating to yourself. |
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