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NEWS: Avex Pictures Comments on Overseas BD, DVD, CD Shipment Restriction


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Blanchimont



Joined: 25 Feb 2012
Posts: 3559
Location: Finland
PostPosted: Fri Mar 03, 2017 7:59 am Reply with quote
@jymmy They might have noticed, because this line was included in their proxyshopping faq over ineligible items;
Quote:
Products which overseas distributions are prohibited by the publisher.

...though that lowers the value of the service as a whole considerably, as the reason we use shopping services in the first place is to forgo just such restrictions.

However it's not like it's the only shopping service/agent in town, just use one that isn't affiliated with a store...
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rizuchan



Joined: 11 Mar 2007
Posts: 980
Location: Kansas
PostPosted: Fri Mar 03, 2017 8:42 am Reply with quote
Ok, I looked into it more and it looks like their proxy page for YOI is just links to Yahoo Auction sellers, unless they have the item in stock, in which you have to purchase through them (which makes sense I guess)

So, even though the items are listed on the Proxy page, they still won't ship them outside of Japan. Boo!
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yuna49



Joined: 27 Aug 2008
Posts: 3804
PostPosted: Fri Mar 03, 2017 9:16 am Reply with quote
samuelp wrote:
Avex is primarily a music company, and as such I think they might have very strict views of copyright laws when it comes to the music rights.

It's probably the case where they are following the strictest letter of JASRAC which effectively restricts any Japanese company selling anything with Japanese created music on it overseas directly, unless the Japanese company pays dues to every overseas music rights organization like ASCAP, etc. If Avex wasn't paying ASCAP and every other foreign music rights organizations (usually 1 per country), they are "technically" violating JASRAC's position on music rights, even if it's not AVEX themselves doing the exporting.

I have personal experience with Japanese lawyers saying that Japanese companies are not allowed to sell their own stuff overseas because of music rights issues.

This, by far, sounds the most plausible of the explanations proferred so far.

Are you talking about a one-time annual dues payment from all of JASRAC to ASCAP, or is the amount tied to individual sales figures so overseas hits become costly and individual firms like Avex might have to bear more of the cost? You also suggest it's an all-or-nothing thing requiring payments to all the other performing-rights organizations in the world. Can't Avex pay ASCAP and sell into the US without having to pay other countries' organizations? If it's really all-or-nothing then I can see why no Japanese firm would be interested in selling overseas.

Your posting suggests this is a self-imposed requirement of JASRAC and not something required by ASCAP and the others. That seems like shooting oneself in the foot.

From my amateur observations, music rights are a dank, dark labyrinth compared to video rights.
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samuelp
Industry Insider


Joined: 25 Nov 2007
Posts: 2246
Location: San Antonio, USA
PostPosted: Fri Mar 03, 2017 11:35 am Reply with quote
yuna49 wrote:

Are you talking about a one-time annual dues payment from all of JASRAC to ASCAP, or is the amount tied to individual sales figures so overseas hits become costly and individual firms like Avex might have to bear more of the cost? You also suggest it's an all-or-nothing thing requiring payments to all the other performing-rights organizations in the world. Can't Avex pay ASCAP and sell into the US without having to pay other countries' organizations? If it's really all-or-nothing then I can see why no Japanese firm would be interested in selling overseas.

Your posting suggests this is a self-imposed requirement of JASRAC and not something required by ASCAP and the others. That seems like shooting oneself in the foot.

From my amateur observations, music rights are a dank, dark labyrinth compared to video rights.

I'm not a copyright lawyer and definitely not an expert at Japanese copyright laws, but there's empirical evidence here... What are other companies that have had similar draconian export policies? Aniplex (i.e. sony), and before that Lantis, King records... Pony Canyon.
All of them are primarily music companies, and thus are "more sensitive" to issues like that because of their close relationship with JASRAC.
As for what would be neccessary to actually sell direct overseas, I think the fact that there is no clear cut answer is precisely the problem.
When you are asking your legal team "can we do this legally", they can't answer "probably". The copyright laws for music are so inane in Japan that you are probably breaking them no matter what.
So they air on the safe side and put "Not for Sale Outside Japan" on all their products.
For some companies this is good enough cover and they don't care about what stores do.

But for companies with close ties to the music industry that's just not good enough and the lawyers force them to "enforce" the "not for sale outside of Japan"-ness of their products.

Another misconception western people have is that retail stores in Japan don't work on a wholesale/resale system. So a company in Japan doesn't purchase the product and resell it. They sell it "on behalf" of the producer and then pass along the money they get minus a handling fee.
Therefore AVEX can't really get away with arguing that it's not their problem how the shops sell their goods, since the shops aren't purchasing them, they're selling them on commission.
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GarethXL





PostPosted: Fri Mar 03, 2017 4:27 pm Reply with quote
samuelp wrote:
SNIP


didn't know that the store was on a commission base so in witch case yeah avex pretty much can force them to do as they want.

though i doubt this will happen if the TPP didn't go up in smokes (thanks trump).

on a side note i see a bump in earnings for proxy service like samurai buyer and such, since avex is so stupid they didn't do what bandai did.
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Blanchimont



Joined: 25 Feb 2012
Posts: 3559
Location: Finland
PostPosted: Fri Mar 03, 2017 4:30 pm Reply with quote
GarethXL wrote:
on a side note i see a bump in earnings for proxy service like samurai buyer and such, since avex is so stupid they didn't do what bandai did.

What did Bandai do?
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GarethXL





PostPosted: Fri Mar 03, 2017 4:47 pm Reply with quote
Blanchimont wrote:
GarethXL wrote:
on a side note i see a bump in earnings for proxy service like samurai buyer and such, since avex is so stupid they didn't do what bandai did.

What did Bandai do?


they pretty much took out their dicks and slap it onto the fanbase faces by ceasing any international distributors and basically distribute their contents through their parent company.

if you're wondering why there's no international MSRP for anything that Sunrise puts out lately, and dubs and subs are included in their release it's basically this. they basically became wankers and forces the international fans to get their boxset about 1 hour of content for their ridiculous price. (close to 10k yen including shipping for 1 hours of content is bullshit.)
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TarsTarkas



Joined: 20 Dec 2007
Posts: 5922
Location: Virginia, United States
PostPosted: Sat Mar 04, 2017 12:49 am Reply with quote
GarethXL wrote:


though i doubt this will happen if the TPP didn't go up in smokes (thanks trump).



TPP was not all about trade. I thought that most people here on ANN were anti TPP, because of the negative effects it would have had on anime and doujinshi.

Yours is the first comment I have seen that was pro TPP.
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Hikarunu



Joined: 23 Jul 2015
Posts: 950
PostPosted: Sat Mar 04, 2017 1:54 am Reply with quote
Quote:
Due to availability for export of our product to overseas, we, Avex Pictures must clearly classify those products that can and cannot be sold overseas. WeDue to availability for export of our product to overseas, we, Avex Pictures must clearly classify those products that can and cannot be sold overseas.

Please understand that we can only surmise that the product you have indicated to us is not available for sale overseas due to the above.


Wish they elaborate further on why they cant export their products outside Japan and not "we cant do it because we really cant do it" excuse.
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GarethXL





PostPosted: Sat Mar 04, 2017 9:50 am Reply with quote
TarsTarkas wrote:
GarethXL wrote:


though i doubt this will happen if the TPP didn't go up in smokes (thanks trump).



TPP was not all about trade. I thought that most people here on ANN were anti TPP, because of the negative effects it would have had on anime and doujinshi.

Yours is the first comment I have seen that was pro TPP.


Truth be told I'm only venting and I'm not sure weather N.A. got stiff on the agreement but as far as I know here in SEA and AUS/NZ region if it has gotten through both import and export tariff would have been lowered (note this info is base on available info from local news source, I've never got the chance to see the actual papers)

If you're a manufacturer that targets the domestic market or in the political/financial sector I could understand that the fear of losing market shares or the depreciation of your countries currency value ( Rolling Eyes ) due to the influx of cheaper and on par foreign products. Or if you're from other countries which isn't involved in the pact.

But other then that if you're a consumer like me which I believe majority of users that are on this site lower tariffs is always a good thing.
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Kadmos1



Joined: 08 May 2014
Posts: 13614
Location: In Phoenix but has an 85308 ZIP
PostPosted: Sat Mar 04, 2017 10:09 am Reply with quote
They love to give this corporate talk to save face. If an ex-employee of the music division spoke out, I think we would get a better response
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TarsTarkas



Joined: 20 Dec 2007
Posts: 5922
Location: Virginia, United States
PostPosted: Sun Mar 05, 2017 3:56 am Reply with quote
GarethXL wrote:

Truth be told I'm only venting and I'm not sure weather N.A. got stiff on the agreement but as far as I know here in SEA and AUS/NZ region if it has gotten through both import and export tariff would have been lowered (note this info is base on available info from local news source, I've never got the chance to see the actual papers)

If you're a manufacturer that targets the domestic market or in the political/financial sector I could understand that the fear of losing market shares or the depreciation of your countries currency value ( Rolling Eyes ) due to the influx of cheaper and on par foreign products. Or if you're from other countries which isn't involved in the pact.

But other then that if you're a consumer like me which I believe majority of users that are on this site lower tariffs is always a good thing.


I think we are talking about different aspects of TPP. Yours is more trade related concerns. Mine is over the copyright aspect over the doujinshi market, and the chilling effect it would have on anime and doujinshi overall.
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michaeltanzer



Joined: 25 Nov 2010
Posts: 168
PostPosted: Wed Apr 19, 2017 3:30 pm Reply with quote
I think it was Trump! He's behind all of this export ban in the first place!
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