Forum - View topicNEWS: Man to Be Charged for Cutting Up & Selling K-ON! Trailer Reel
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Dessa
 Posts: 4438 |
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Wait, so, I don't get this... At least in the US, trailer reels can be taken home by theater employees when they're done with them, at least depending on the theater. I myself own the trailer reel for the 3rd Pokemon movie (English, not Japanese). I'm not seeing how what he did is in any way, shape, or form to be copyright infringement.
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Kougeru
 Posts: 5527 |
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TheAncientOne
 Posts: 1871 Location: USA (mid-south) |
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Frankly, this appears to me to be more of a case of theft than copyright infringement, as no copy was made by the person committing the act.
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zienithmax
Posts: 1 |
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"Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works." Just because its called Copyright infringement doesnt mean you have to copy the material. as stated above he distributed it |
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Polycell
 Posts: 4623 |
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The first sale doctrine means that once a licensed copy's been sold the copyright holder no longer has any control over it. Apparently Japan doesn't hold to it.
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unready
 Posts: 399 Location: Illinois, USA |
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As noted above, copyright is two things: reproduction right and distribution right.
In US copyright law, the distribution right is "exhausted" after the first sale. That means it's legal for the owner of a book, DVD, etc., to sell it as a used item, because the copyright holder already got his money. 1. I'm not certain Japanese copyright law exhausts the distribution right after the first sale. 2. Do we know who owns the trailer reels in Japan? Just because US theaters consider them trash and toss them doesn't mean Japanese trailer reels get the same treatment. |
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king 47
 Posts: 264 |
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Don't forget that publisher will likely put another legal agreement with the theaters. So even though after the sale of these promotional objects the publishers might have no copyright control over them, the other agreement might still be intact. Additionally, the publisher can lend them to the theater in some sort of agreement rather than sell them, so they can control what happens to them.
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