Forum - View topicNEWS: Otakon Enforces Copyright at Artists' Alley
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Weazul-chan
Posts: 625 Location: Michigan |
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yeah... you gotta admit... it does seem a little... well, off. especially since it WAS labeled official. |
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cjovalle
Posts: 31 |
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Righto- I was talking more about the scale of doujinshi availability. The commercial fan market is huge, and out in the open. In Akihabara, for example, I stopped at a manga store where three of the five stories were doujinshi. It was sold all over, though. Lessig's Free Culture has more specific numbers, as does a paper from SSRN that I'll link later if anyone cares.
The scale of infringement determines whether or not it's criminal or civil. If it's done for commercial gain or advantage and passes a certain monetary value, it's criminal. If it's criminal, law enforcement can investigate. If it's civil, the copyright holder has to initiate action. You're right- those with financial resources hold a huge advantage.
Right, except for in determination of a fair use. One of the factors to evaluate when looking at fair use is the effect on the market. That particular radio compromise is actually a statutory one- the copyright holders weren't all that thrilled with it at the time. Luckily, Congress passed the law and it ended up a good solution for everyone. |
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kushiel
Posts: 94 Location: Saskatchewan |
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I'm still bloody confused on why they posted it in the first place if it wasn't final. Were they looking for user feedback? If not, then it should have been kept secret until it was finalized.
Edit: I meant Otakon, not ANN. |
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Abarenbo Shogun
Posts: 1573 |
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http://en.wikipedia.org/wiki/Penny_Arcade_%28comic%29#American_Greetings Google seach is relatively easy BTW. |
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Nerdboy Himself
Posts: 7 |
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As an Artist's Alley chair myself, this was quite an entertaining piece of policy to read.
Jim's statement came at about 28.8 BPS (backledals per second), to cite BOFH terminology. Admittedly, Otakon's one of the big boys in the yard. Everyone who's looking to crack down will crack down on them first. I'm certain that whoever drafted this document, dubious as it may be, had the convention's best interests in mind. On the other hand, it brings up a very, very important point: If the Artist's Alley can't sell fanart, why can the Dealer's Room sell (presumably hentai) doujinshi? Admittedly, fanart doesn't give exposure to a property like fansubbing (the semi-tolerated piracy) does. I think Otakon's just trying to guard against the eventual development of a double standard, fueled by the überlitigious society on this side of the pond. I'm not saying it was a good idea... but for an industry and a fandom that plays best on the cutting edge, such safe policy is a dangerous thing. |
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minakichan
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Ok, you know what...
When we had the whole Slam Dunk piracy issue, I commented that with the vagueness of copyright laws, we might as well ban fanart because that's a huge act of piracy. And it is. But I was JOKING. Oh my crack, is this world really that screwed up? I mean, aren't the publishers always putting fanart in the back of manga titles? OK, that's not for profit, but what's the point of Comicket but a "giant piracy-fest?" Wow. What genius thought of THAT? |
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LaLuna.RuniGustav
Posts: 6 Location: Mrrr |
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you can't forget Newtype, Animerica and several other respectable AMERICAN Magazines that all want your "FANART" for their books. MMmm fishie........ yeah......... |
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Joe Mello
Posts: 2262 Location: Online Terminal |
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People actually make original doujin. Megatokyo is essentially an OEL doujin no matter how much Fred wants to self-deprecate......himself. That's what Comiket is for. |
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John Booty
Posts: 12 |
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I'm curious as to why this has suddenly become an issue.
Otakon has been going strong for over ten years, and during that time there have been hundreds of other anime conventions. As far as I'm aware, no cons have ever instituted a policy like the one Otakon is considering. So why now? Did Otakon suddenly decide, "hey... let's cover our legal butts"? Are they facing pressure from anime producers/licsensors/distributors? |
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hikaru004
Posts: 2306 |
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Someone else needs to confirm this... Since you mentioned Newtype USA, I really haven't seen a fan art section in that magazine for a while. It looks like it got replaced by the "How to Art" section in which a featured artist explains his technique. In the Feb. issue of Newtype USA, it is Hoden Eizo. |
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LaLuna.RuniGustav
Posts: 6 Location: Mrrr |
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they did huh? I did not know I actually stopped reading because of the price hike..... $13 for a magazine that hardly prints anything worth reading....... BAH.
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hikaru004
Posts: 2306 |
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I'm curious too. but for a different reason.
I read in the other thread that fanart is more popular than original art. So why can't the participants spend a few extra bucks and buy the artbooks, etc that pertains to their fav anime character? That way the industry profits. Why should we allow fanart which is a copyright infringement just because the artist isn't making that much money on it? Isn't it best that those artists learn to become better and more profitable original artists anyway? This isn't Japan. They have really no protection here if someone wants to prosecute. Why shouldn't Otakon want to cover themselves? This is a business venture even if it is operated by fans for fans. No one is going to protect or defend them in the end but themselves. @Nerdboy Himself: 28.8 BPS Gotta remember that one! |
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atekosuri
Posts: 1 |
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Maybeee....because the person who posted the policy in question was an idiot to post it as public policy without clearing it with his or her higher-ups and the corporate lawyer. Just a thought, eh? There're a lot of people on both sides who're unhappy about this ridiculous situation, believe me. |
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DJ Ranma S
Posts: 12 |
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Well in a way I don't think this is right, but Otakon is within their rights. I mean they can be held liable bnecause some companies might say that Artist's Alley is selling bootlegs or something.
Artist's Alley is a place for original works right? I guess over time, the community has been borrowing anime characters to sell works. I'd suppose that would fall under the Fair Use Law, but I might be wrong on that. Last year a friend of mine was forced to stop selling FMA hats due to pressure from Funimation put on the con staff (or so I'm told). In the end, Vic (VA for Ed) heard of this and put in a custom order from her, which is cool. I suspect that was done because FUNi and the dealer's selling FMA merchandise was losing sales. I suspect this is happening because of a drop in sales from the dealer's room. I mean you have the Dealer's Room and Artist's Alley selling anime merchandise, and I suppose getting it from Artist's Alley is more meaningful. I went to AZ last year and I barely spent money in the Dealer's Room, but I did buy a lot of merchandise from Artist's Alley such as NARUTO and Final Fantasy artwork. |
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LaLuna.RuniGustav
Posts: 6 Location: Mrrr |
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if FUNi was smart.... which I hope they are...... they should have worked on a deal so that your friend worked for them on making the Hats. If their so threatened by certian fan merchendise. It's one thing to make something that's being put out by a company (like T-shirts of characters) but when all your hats are Fruits Basket and not FMA hats..... well....... It's time to start expanding a bit. IMHO. |
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