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NEWS: Japanese Government Looks Into Copyrights & Parodies


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Sunday Silence



Joined: 22 Jun 2010
Posts: 2047
PostPosted: Sat Jun 09, 2012 10:04 pm Reply with quote
Charred Knight wrote:
I have only seen the trailer but they simply just add "XXX: a porn parody". So the Avengers porn is "Avengers XXX: a Porn parody" and Star Wars is "Star Wars XXX: a porn parody.


The way the porn companies are pumping out these parodies and coming up with these lackluster titles is just disheartening. What happened to the wordplay in the past? The Doujins and porno parodies in Japan at least attempts to replace one of the words or make use of puns!!
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walw6pK4Alo



Joined: 12 Mar 2008
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PostPosted: Sat Jun 09, 2012 10:12 pm Reply with quote
Sparvid wrote:
And Mad Magazine has been doing it for quite a while.

I believe the rule of thumb is that once is parody, twice is infringement. You can do a single Batman parody if you want to, but you can't publish a monthly, ongoing Batman parody comic.


Some doujin series do just that. Ah! My Goddess has one that's been going on for years now, and there's quite a few others that go on for long periods as well. As far as I can tell, fair use does have its limitations, like in movie reviews. The people of the That Guy sight mentions this here and there, of how much footage they're actually allowed to use before legal starts breathing down their necks.
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The Coffee God



Joined: 22 Jul 2010
Posts: 412
PostPosted: Sat Jun 09, 2012 10:44 pm Reply with quote
walw6pK4Alo wrote:
Egan Loo wrote:
walw6pK4Alo wrote:
This kills the Comiket.


Depending on what the Japanese government eventually does, it may actually offer more legal protection for dōjinshi. As the article says, the current Copyright Law of Japan does not offer legal protection for parodies and other forms of fair use, like other countries do.

If Japan introduces a fair-use clause, it may bring dōjinshi out of the legal gray area it's in now.


What's the situation in America for selling parody books of copyrighted characters?

Considering MAD magazine has been around since the 50's and still kicking...
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enurtsol



Joined: 01 May 2007
Posts: 14869
PostPosted: Sun Jun 10, 2012 1:32 am Reply with quote
walw6pK4Alo wrote:
As far as I can tell, fair use does have its limitations, like in movie reviews. The people of the That Guy sight mentions this here and there, of how much footage they're actually allowed to use before legal starts breathing down their necks.


Same with xeroxing books in the library for your research notes - you're not supposed to photocopy the whole book.

Also, there are Storm Troopers parodies that are exact lookalikes of Lucas' Storm Troopers that Lucas can't do anything about. The key thing about fair use parody is that the parody has to be obvious, meaning it won't be reasonably confused with the original by consumers (ergo many with the word "parody" right on the title, to legally protect their asses), then it should be safe in the courts.
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GATSU



Joined: 03 Jan 2002
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PostPosted: Sun Jun 10, 2012 6:07 pm Reply with quote
They let parody slide fairly easily, but they need to be less restrictive on commentary like us.
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StudioToledo



Joined: 16 Aug 2006
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Location: Toledo, U.S.A.
PostPosted: Sun Jun 10, 2012 8:07 pm Reply with quote
Charred Knight wrote:
walw6pK4Alo wrote:
What's the situation in America for selling parody books of copyrighted characters?


They don't really do that anymore but that's mainly because of 1940's obscenity laws and not copyright laws. They would be legal now in the same way its legal to make a porn movie called Avengers XXX: A Porn Parody, and yes that's the actual name of a porno starring Chyna as the She-Hulk.

Underground comics and Tijuana Bibles are a good example!


Last edited by StudioToledo on Tue Jun 12, 2012 9:49 am; edited 1 time in total
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Mr. sickVisionz



Joined: 28 Oct 2007
Posts: 2175
PostPosted: Sun Jun 10, 2012 10:08 pm Reply with quote
walw6pK4Alo wrote:
Are they at least changing names and designs in any of these, or is it directly parodying? Because that's what doujins do; exact names, exact designs.


That was my question when someone mentioned Comiket. Are doujins actually parodying anything or are they just taking exact characters and character designs with no changes and selling them as if they're an original creation of the doujin writer? If so, that's not really a parody at all, it's just an unlicensed creation.
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LUNI_TUNZ



Joined: 28 Apr 2010
Posts: 809
PostPosted: Sun Jun 10, 2012 11:48 pm Reply with quote
Sparvid wrote:
Anymouse wrote:
walw6pK4Alo wrote:
Egan Loo wrote:
walw6pK4Alo wrote:
This kills the Comiket.


Depending on what the Japanese government eventually does, it may actually offer more legal protection for dōjinshi. As the article says, the current Copyright Law of Japan does not offer legal protection for parodies and other forms of fair use, like other countries do.

If Japan introduces a fair-use clause, it may bring dōjinshi out of the legal gray area it's in now.


What's the situation in America for selling parody books of copyrighted characters?
Basically open season. Watch the Family Guy or Robot Chicken Star Wars specials.



And Mad Magazine has been doing it for quite a while.

I believe the rule of thumb is that once is parody, twice is infringement. You can do a single Batman parody if you want to, but you can't publish a monthly, ongoing Batman parody comic.
Unless of course you changed him to where he resembles but is legally distinct from Batman, Batman.

My post jumped into the quote - that was weird.
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Sunday Silence



Joined: 22 Jun 2010
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PostPosted: Mon Jun 11, 2012 12:49 am Reply with quote
Mr. sickVisionz wrote:
walw6pK4Alo wrote:
Are they at least changing names and designs in any of these, or is it directly parodying? Because that's what doujins do; exact names, exact designs.


That was my question when someone mentioned Comiket. Are doujins actually parodying anything or are they just taking exact characters and character designs with no changes and selling them as if they're an original creation of the doujin writer? If so, that's not really a parody at all, it's just an unlicensed creation.


I dunno, have we ever seen Creatures Inc. release official hardcore Pokemon furry pornography?
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Nekusagi



Joined: 22 Jun 2009
Posts: 49
PostPosted: Mon Jun 11, 2012 12:44 pm Reply with quote
Sunday Silence wrote:
Mr. sickVisionz wrote:
walw6pK4Alo wrote:
Are they at least changing names and designs in any of these, or is it directly parodying? Because that's what doujins do; exact names, exact designs.


That was my question when someone mentioned Comiket. Are doujins actually parodying anything or are they just taking exact characters and character designs with no changes and selling them as if they're an original creation of the doujin writer? If so, that's not really a parody at all, it's just an unlicensed creation.


I dunno, have we ever seen Creatures Inc. release official hardcore Pokemon furry pornography?


to my knowledge pornographic Pokemon doujinshi are something Nintendo cracks down pretty hard on.

That doesn't stop anyone- I happen to have accidentally stumbled across some particularly horrifying Subway Masters and Striaton Trio ones on tumblr in the past- but they don't seem to occur at the volume that, say, Madoka Magica or Street Fighter ones do.
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R315r4z0r



Joined: 30 Aug 2007
Posts: 717
PostPosted: Mon Jun 11, 2012 1:19 pm Reply with quote
To be honest, I think parodies of something should be allowed only if the parody itself explains that it is not actually associated with the source material. Basically a disclaimer.

Obviously if people are confusing it for actually being part of the source material there is a problem that needs sorting out. Especially if the creator's of such a parody are earning money off of that.
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TitanXL



Joined: 08 Jun 2010
Posts: 4036
PostPosted: Mon Jun 11, 2012 1:23 pm Reply with quote
Nekusagi wrote:
to my knowledge pornographic Pokemon doujinshi are something Nintendo cracks down pretty hard on.


Maybe Nintendo of America. Like how Disney of America apparently does if you go by rumours.

But there's tons of it in Japan. An incredible lot. Of the humans anyway. Don't really look for any of the monsters because I'm not into that. Saw some at the last Comiket I went to. Hikari is practically a sex goddess in Japan, but the current trend is Homika it seems.

Quote:
they don't seem to occur at the volume that, say, Madoka Magica

That has more to do with the market, not any policies. Otaku shows tend to get more focus by the hentai community because it's otaku who buy the stuff.

The mainstream shows (One Piece, Naruto, etc) actually don't get that much hentai or doujinshi compared to the more otaku stuff. You make more money making an otaku doujinshi than making a One Piece or Naruto one. Not that mainstream stuff doesn't have a ton of hentai or anything, but the more otaku appeal yields more results. For example, if you look at Comiket 81 last year.

Oh God What Tier
Touhou: 2690 Circles
Tiger & Bunny: 1170 Circles

Typical Otaku Tier
Prince of Tennis: 460 Circles
Idolm@ster: 417 Circles
Madoka: 350 Circles

Mainstream Tier
One Piece: 254 Circles
Naruto: 244 Circles

You'll see the difference. Stuff like Prince of Tennis manage to hook a large fujoshi fanbase despite being more mainstream shows, so they get a nice boost above One Piece and Naruto which don't have as much otaku appeal. Touhou being entirely otaku gives it the biggest presence at Comiket.. and Tiger & Bunny's massive fujoshi following puts it up there as well.

Of course, that's just Comiket. There's also online distribution as well.
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jtstellar



Joined: 13 Apr 2007
Posts: 94
PostPosted: Tue Jun 12, 2012 2:23 am Reply with quote
if they have the power to make it legal, then they have the power to make it illegal.. the failure to grasp that notion--the wisdom of some of the people on this board astounds me

the whole point of why government needs to have its pre-defined powers is to prevent it from going into area to initially claim to harmlessly 'legalize' something to 'bring something out of the gray', to 'legitimize' it, thus granting itself a place in the market place. there then has to be efforts, yes very financially straining ones as well, on the behalf of those affected to organize and petition (aka lobby) the government to maintain their 'legitimate' status under the sanction of law. this makes inherent advantages for organized/sizable corporations and corporate interests, is how some of the quasi market-monopolies here in the united states grew.

once government has the power to 'legitimize' something it is inherently implied that legitimacy is granted at all in the first place because of legislators. this also means politicians can take it away at the wimp of will, meaning it an implied political pressure should people of that industry disobey any government initiatives to control, and it grants those with connections with unfair advantages, because once government can write laws to sanction and define a market, it can incrementally steer it with tax codes and other indirect legal tools because the text is already defined in a legal sense

and no, government is not 'we the people'.. seeing how people can be divided into groups then each bought off with special privileges, such as social security promising off next generation's tax revenue without any consideration of feasibility, no, government is essentially a combat field of various interest groups, see which has the most 'charismatic' leader, or one in the eyes of ignoramuses anyway, and manages to gain the most influence via special favors to organized groups.

in reality, government lovers are really short sighted. it's more like a dog mentality once it finds its owner.. the loyalty becomes quite instinctive and subconsciously first-natured, once it finds itself in a living off government special favors one way or another.


Last edited by jtstellar on Tue Jun 19, 2012 10:43 am; edited 1 time in total
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nietzschesass



Joined: 04 Feb 2011
Posts: 5
PostPosted: Tue Jun 12, 2012 2:09 pm Reply with quote
The original article actually says they will re-consider the current law that categorically prohibits any type of parodies.

The ANN should list translators' name.
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jr240483



Joined: 24 Dec 2005
Posts: 4421
Location: New York City,New York,USA
PostPosted: Tue Jun 12, 2012 2:27 pm Reply with quote
walw6pK4Alo wrote:
This kills the Comiket.


That there is an understatment.

Though i can easily see loopholes on what the govt is trying to do.
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