Forum - View topicAnswerman - Who Polices Anime Copyrights?
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Amara Tenoh
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Another great article!
For example, Toei would need to get permission from FUNimation before any legal action could taken regarding, let's say DBZ, even in Japan? Sorry if I read that wrong. Last edited by Amara Tenoh on Mon Feb 29, 2016 3:09 pm; edited 1 time in total |
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Marzan
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Good read. Don't forget owners of old licenses,namely companies like Harmony Gold. If their creative/artistic staff was half as good as their formidable and very active legal department, they'd rival Disney in revenue and prestige.
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NeoStrayCat
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Well, that's at least an example of Copyrights/Notices, and how that works in some way.
But yeah, the fine points of how it goes seems to make sense. |
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GiriOni
 Posts: 218 |
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An okay article. I find it rather lacking key details, such as automated takedowns and such created by companies like Remove Your Media LLC that represent a major part of the policing (and how they might be getting a little trigger happy, for example, while I don't have a source, I remember they issued a notice to Google to delist a page of shirobako's official website).
Toei is the licensor in this. Toei can police Japan however they want (within reason). And Funi needs Toei's permission, in this example. The contract that they actually have may be different. Edit: Source: https://www.lumendatabase.org/notices/11465792 Copyright Claim #38 Infringing URL #16 Last edited by GiriOni on Mon Feb 29, 2016 3:40 pm; edited 4 times in total |
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KH91
Posts: 6176 |
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I remember when The Official Yugioh channel started uploading the Japanese Yugioh DM openings then all those popular Japanese DM openings that had been on YT as early as 2006 started to be removed by 4K Media/Konami. Not only the openings, but Japanese scenes as well like the ending of Yugi vs Kaiba at Alcatraz(Epic as fock). The video was blocked in my country. I cried inside. I visited that video every time DM popped into my head.
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Lemonchest
Posts: 1771 |
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Youtube & other video hosting sites complicate things further since a video on youtube can be viewed (by default) anywhere in the world, but is subject to the jurisdiction of whichever country or countries it was viewed in. So if you're in the USA & upload copyrighted material, even if you have the permission of the US rights holder, if that video can be viewed in France, Japan etc then you're still in breach of copyright should the rights holder there find out.
A bit tangentially related, but one of the things that seems to be missed in the latest round of ContentID backlash is that US copyright law -which is where everyone seems to get their concept of fair use from- doesn't mean dick if, for example, TV Tokyo decided to take you to court in Japan, as impractical as that would be for both parties. Last edited by Lemonchest on Mon Feb 29, 2016 3:43 pm; edited 1 time in total |
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penguintruth
 Posts: 8503 Location: Penguinopolis |
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Of course using clips for a review video is a whole other battle. Japan doesn't do Fair Use.
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David.Seth
 Posts: 453 Location: near SF |
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Nice write up, but I do have one slightly off topic question: What is the source of this image you used for the column?
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Lemonchest
Posts: 1771 |
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It looks like a parody of this, though knowing that hasn't helped find it. I'd guess either Gintama or Osomatsu-san. |
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xchampion
 Posts: 370 Location: Idaho Falls, Idaho |
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This whole discussion has been a big thing on youtube especially in the last month with the Fine Bros and how Copyrights, Trademarks, and Fair Use come into play. Its all quite interesting to say the least. Here are the main differences between the two.
Copyright- Companies can pick and choose when to enforce this and don't even have to if they don't want. That's why some videos get taken down while others don't. Then Youtube has there own content id flag system that can take videos or whole channels without the consent of the actual copyright holder. Fair Use- In the United States you can use parts of someone else's video if you are doing a review, parody, or similar concept. You can't use the whole video and that is when you run into the Copyright problems. Japan doesn't even have Fair Use so that's why Toei or another Japanese company can take down a video even if it only has clips of a few seconds long of one of their properties. Trademark- Companies have to enforce this every time there is trademark infringement or else it means nothing. It keeps companies from selling a similar product or service with the same name. On youtube this means a person can make a video with almost the exact same format but can't use the name. Patent- This wasn't mentioned in the article but it also comes into play. This prevent anyone from selling any product or service that is remotely similar to the patent rightsholder. This doesn't really apply to youtube, but does apply to products and services. As you can see there are a lot of things you have watch out for when making a video. The worse part is that youtube does not have a system to penalize people who make wrongful copyright or trademark claims. Which is illegal by the way. Hence why a lot of youtubers are mad because it seems Youtube doesn't even follow the laws in place. |
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Cetais
Posts: 507 |
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That's not the one for Gintama( https://www.youtube.com/watch?v=znVF5Y5-tj4 ) It may simply be another promotional photo from the official company. |
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revolutionotaku
Posts: 899 |
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These videos by Angry Joe explains how I feel about the actions of YouTube's copyright policies on Nintendo game reviews.
I guess they don't really care about fair use unless you pay them first. (NSFW language) https://m.youtube.com/watch?v=koX-Ny6zHdM https://m.youtube.com/watch?v=Cz09W2Z6OOU |
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David.Seth
Posts: 453 Location: near SF |
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@ Lemonchest and Cetais
Thanks for the info! The animated version is what I've been looking for. I remember seeing it used in some AMV a while back and had no idea what it was from. Back on topic. There is one thing I've run into lately on YouTube, and that is anime OP's, ED's, and trailers have been taken down or muted due to copyright claims. I understand that the rights holder has every right to do this, but I don't see the point in pulling down opening sequences or anime trailers. What do they have to gain by doing this? I use trailers and OP's to help decided if I want to watch a show/movie, and I'm sure there are plenty of others that do too. I remember way back in the day purchasing the first couple volumes of Trigun based solely on the opening that I had spent all night downloading (56k was no joke). So are these trailers and OP's being taken down at the request of the companies, or are they just falling victim to some youtube algorithm? |
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EyeOfPain
Posts: 312 |
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OPs posted to YT are sharing songs by musical artists. |
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kakoishii
Posts: 741 |
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@David.Seth probably a combination of both
Though, you could probably find those same trailers on the licensor's website. For instance if its a show licensed by Funi, they undoubtedly have that same trailer on their website or youtube channel. Though this might get tricky if the video is region locked from your area, though in most cases the licensor in your region would likely have the trailer too. There are other ways around it too, for instances if you're wanting to buy the series from amazon they more times then not have trailers on the product page, so there are plenty of legitimate workarounds to just watch trailers if you're only intending to see the trailer to judge on whether you want to purchase the series. |
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