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NEWS: FCC uses Doraemon on Site


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GATSU



Joined: 03 Jan 2002
Posts: 15413
PostPosted: Mon Nov 29, 2004 12:42 am Reply with quote
tempest:
Quote:
You're right, it is. And yes, it would be nice. But to paraphrase Chad Kime, 'A Japanese company suing the president of the United States?'


They could always sue the PAC which aired that ad. Or the
Republican party.

As for the mascot, he makes me think rip-off of Cheshire Cat from Alice in Wonderland and Snaggle Puss from Hanna Barbera's awful cartoons. Shogakkukan's just gonna be losing money in suing, just like they've been losing money investing in Viz.

Mugen: Well the thing is that one of the Doreamon co-creators is dead, and the other one only cares about the royalties.
So it's really just about their publisher hoping to make a quick buck off a potential-albeit hard-to-define-trademark infringement from a site which is likely to be used by kids
who probably wouldn't even buy their manga/anime-if any at all-of the series anyway, since their parents are likely to be the type who endorsed burning Pokemon toys and banning Harry Potter.

Ranmah:
Quote:
The artist has the rights to use their character for the life of the artist plus 70 years after their death.


Which means that Disney can choose to continue avoid paying the family of the author of Winnie the Pooh for almost another century.
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Ranmah



Joined: 27 Jan 2003
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Location: Stomp'n on Tokyo Tower
PostPosted: Mon Nov 29, 2004 1:18 am Reply with quote
well I wouldn't say that. I guess you could. Copyright Laws are very confusing and my head would explode just thinking about it.

Ranmah
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Emerje



Joined: 10 Aug 2002
Posts: 7383
Location: Maine
PostPosted: Mon Nov 29, 2004 2:07 am Reply with quote
Heh, the FCC being investigated by a production company? I guess you could call that role reversal. Anime smile

Emerje
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Proman



Joined: 19 Nov 2003
Posts: 947
Location: USA
PostPosted: Mon Nov 29, 2004 2:58 am Reply with quote
Emerje wrote:
Heh, the FCC being investigated by a production company? I guess you could call that role reversal. Anime smile

Emerje

I guess you can also call it "Devine Justice" or "Karma" Laughing (and yes, I am kidding Smile ).
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Raoh



Joined: 28 Jul 2003
Posts: 357
Location: Florence, OR
PostPosted: Mon Nov 29, 2004 3:54 am Reply with quote
v1cious wrote:
but Doraemon doesn't have ears. can they really sue?

I copy and paste this from the first post on page two of this discussion. All credit goes to the original poster, Sacchan.

"Doraemon had ears at first (until a mouse chewed them off -- that's where his fear of mice comes from). Also, Doraemon used to be yellow, but after he lost his ears, he cried for 3 days and 3 nights, until the yellow plate covering him fell off. The picture looks remarkably like that first version of Doraemon...except for the clothes."


Now, then. I am glad someone is stepping up and doing something about this.

I mean, I'm not gonna go and say its the fault of everyone at the FCC, that would be stupid. Whoever had the saw in the design of the site is to blame. I think that person should lose their job for intellectual property theft.

I also think the FCC should send a formal appology letter to Japan for bastardizing one of its national icons.

Hopefully the whole mess gets cleared up.
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hkrok76



Joined: 09 Jun 2003
Posts: 118
PostPosted: Mon Nov 29, 2004 7:49 am Reply with quote
You know, people have sued and won for much less of a similarity then these two. Granted, it looks like tons of other characters, but the similarity is there. Whether or not it's intentional, doesn't ignore that fact. I didn't even read who the character was infringing on, all I knew was that it was a copyright case, I looked at it, and laughed, "Doraemon"

Fact remains, it's an ugly mascot, drawn poorly, placed in a poor layout in a crappy looking site. Just because it's for kids they figure they can spend two bucks on the site. It really erks me. If they're going to copy Doraemon, they should at least have the decency to give it hte respect it deserves. Make a good copy. God....orange....that thing is hideous. I wouldn't be surprised if it was actually sent in by a five year old.

I just think that the FCC should be placed on a higher standard since they do regulate the media in the United States. Higher standards for those who place standards on us.
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AnimeHeretic



Joined: 10 Jul 2003
Posts: 179
PostPosted: Mon Nov 29, 2004 10:54 am Reply with quote
tempest wrote:
Raoh wrote:
I hope someone sues Bush for using Wolfwood in that way, too.

That's clearly property theft.


You're right, it is. And yes, it would be nice. But to paraphrase Chad Kime, 'A Japanese company suing the president of the United States?'


<SIGH>
Look. Obviously someone in the Bush campaign just did a websearch for a weird image to use and found this. Maybe photoshopped it as a parody. I bet they never even heard of the show.
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AnimeHeretic



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PostPosted: Mon Nov 29, 2004 11:26 am Reply with quote
Incidentally, Doremon's hands aren't entirely clean. In the 80's they made a Star Wars parody in a movie. I don't think they had the rights.

...and if people want to show moral outrage about someone stealing a character and profiting from it, let's not forget the major franchise of Lupin III where Monkey Punch never received permission from (and in fact was asked to stop by) the rightsholder of the original work. Also, how many times have you seen famous symbols of US corporations used in the background in anime with slight modifications to avoid lawsuits (there have been so many for McDonalds, that if they sued and won, probably half the anime out there would have to be discontinued).

Infringement came from both sides of the Pacific. So we can either smack down everyone who lifts an image (say goodbye to fansubs and web shrines) or we can cut a little slack to people who employ a cheap jpeg they probably just found on the internet in a 30 second political ad. It seems to me that most of the rage on this forum comes from the fact that it's the *REPUBLICANS* and the *FCC* that did it.

As for the Doremon/FCC dispute , I'm not sure how well it would stand up in a court of law in either Japan or the US. Yes, I think they look similar enough to be considered an infringement. However, with the prevalence of doujinshi and the existence of some hentai where the characters are very similar to the mainstream ones with just a few cosmetic changes, the FCC *could* argue in Japan that if these were tolerated, then it is unfair to sue them.

In an ideal world, everyone would get the proper permissions for a character usage. However, the incidents cited in this forum weren't the first, and they won't be the last.
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Lucca



Joined: 17 Aug 2002
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PostPosted: Mon Nov 29, 2004 1:26 pm Reply with quote
:/ I'm pretty mixed on this. On one end, they do look similar, but then again, the Kimba/Simba rip would make a better argument, if you had to have infringement violations on something.

Oh, I've dug up a link to show the original Doraemon. The two are is pretty close. However, Broadband does have stripes and smaller eyes. I say it's worth a try to point it out, and attempt to make the two characters more un-similar (if that's a word o.o;)

:/ Ok, so honestly, I really don't care either way. I'd rather see a Kimba/Simba or a Republican Party/Trigun battle go down first. This case seems to be the least arguable of what we've seen lately... or in the past (the Kimba/Simba argument is pretty old).
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Pop-Art Samurai



Joined: 29 Nov 2004
Posts: 62
PostPosted: Mon Nov 29, 2004 2:00 pm Reply with quote
AnimeHeretic wrote:
Incidentally, Doremon's hands aren't entirely clean. In the 80's they made a Star Wars parody in a movie. I don't think they had the rights.


That's because it was a parody, they didn't need the rights. The same way that Wierd Al doesn't have to get permission from the artists whose songs he parodies, even though he does.
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Tempest
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PostPosted: Mon Nov 29, 2004 2:13 pm Reply with quote
AnimeHeretic wrote:
Incidentally, Doremon's hands aren't entirely clean. In the 80's they made a Star Wars parody in a movie. I don't think they had the rights.


Parodies are permitted under fair use in US copyright law, the Berne Convention, and Japanese copyright law.

Quote:
...and if people want to show moral outrage about someone stealing a character and profiting from it, let's not forget the major franchise of Lupin III where Monkey Punch never received permission from (and in fact was asked to stop by) the rightsholder of the original work.


Very True.

Quote:
It seems to me that most of the rage on this forum comes from the fact that it's the *REPUBLICANS* and the *FCC* that did it.


Well, yes. We're not dealing with a single individual or company here, but government organizations. Despite the fact that they're only human, the government is held to a higher set of standards than the rest of us. Its not that the rules are any different, but the expectations of them following those rules are.

Quote:
In an ideal world, everyone would get the proper permissions for a character usage. However, the incidents cited in this forum weren't the first, and they won't be the last.
Too true.
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GATSU



Joined: 03 Jan 2002
Posts: 15413
PostPosted: Mon Nov 29, 2004 3:01 pm Reply with quote
Animeheretic:
Quote:
...and if people want to show moral outrage about someone stealing a character and profiting from it, let's not forget the major franchise of Lupin III where Monkey Punch never received permission from (and in fact was asked to stop by) the rightsholder of the original work


And Maurice LeBlanc used an unauthorized variation of Sherlock Holmes in one of his Lupin novels.
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Tempest
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PostPosted: Mon Nov 29, 2004 3:06 pm Reply with quote
GATSU wrote:
And Maurice LeBlanc used an unauthorized variation of Sherlock Holmes in one of his Lupin novels.


Several of them actually. I forgot about that, thanks for pointing it out Gatsu.

-t
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AnimeHeretic



Joined: 10 Jul 2003
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PostPosted: Mon Nov 29, 2004 4:40 pm Reply with quote
tempest wrote:
AnimeHeretic wrote:
Incidentally, Doremon's hands aren't entirely clean. In the 80's they made a Star Wars parody in a movie. I don't think they had the rights.


Parodies are permitted under fair use in US copyright law, the Berne Convention, and Japanese copyright law.



I think the main issue was they took pretty much the whole story and retold it with Doreamon chara. They *called* it a parody, but that seemed to be more in violation than the political ad.

Don't get me wrong. I recognized the chara as Doremon right away when I went to the FCC link posted and I think the FCC should cease and desist. However, it seemed a lot of scorn on this forum seemed to be partisan in nature, and I was just trying to point out that it goes far beyond "those evil republicans/FCC."
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AnimeHeretic



Joined: 10 Jul 2003
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PostPosted: Mon Nov 29, 2004 5:05 pm Reply with quote
GATSU wrote:
Animeheretic:
Quote:
...and if people want to show moral outrage about someone stealing a character and profiting from it, let's not forget the major franchise of Lupin III where Monkey Punch never received permission from (and in fact was asked to stop by) the rightsholder of the original work


And Maurice LeBlanc used an unauthorized variation of Sherlock Holmes in one of his Lupin novels.


A bit of a difference between borrowing one character and making changes (which happens in anime all the time, especially the hentai parodies as I mentioned earlier) and making a multi-million dollar franchise off of someone else's intellectual property.

I hadn't thought of it earlier, but just now as I type this I recalled some incidents from the 1980's where during the US-Japan trade wars, I seem to recall there were some legitimate complaints of the Japanese legal system protecting Japanese companies that violated patents of some American companies. It would be interesting to see if the US legal system returned the favor

(I'm not advocating this of course. Just something I'm wondering about)
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