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Dessa
Joined: 14 Jul 2004
Posts: 4438
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Posted: Tue Apr 22, 2014 10:51 am
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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
Joined: 13 May 2008
Posts: 5604
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Posted: Tue Apr 22, 2014 11:15 am
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Dessa wrote: | 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. |
Quote: | two months before the movie would open in Japan, |
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TheAncientOne
Joined: 06 Oct 2010
Posts: 1897
Location: USA (mid-south)
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Posted: Tue Apr 22, 2014 11:34 am
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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
Joined: 22 Apr 2014
Posts: 1
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Posted: Tue Apr 22, 2014 12:30 pm
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TheAncientOne wrote: | 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. |
"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
Joined: 16 Jan 2012
Posts: 4623
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Posted: Tue Apr 22, 2014 2:43 pm
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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
Joined: 07 Jun 2009
Posts: 413
Location: Illinois, USA
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Posted: Tue Apr 22, 2014 3:26 pm
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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
Joined: 14 Jun 2006
Posts: 264
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Posted: Tue Apr 22, 2014 9:33 pm
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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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