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Forum - View topicEden of the East Creative Contest
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Penguin_Factory
 Posts: 732 Location: Ireland |
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I fancy myself a bit of an artist, but there's no way I could compete with the sort of things anime fanartists tend to produce.
Not that I could watch a Region 1 Blu-Ray anyway. I'll be looking forward to seeing the winning entries. |
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PetrifiedJello
Posts: 3782 |
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Good grief, FUNimation. Does anyone at the company have a clue regarding copyright infringement? Asking people to put infringing works on another site is begging for trouble, especially YouTube, which filters video content.
Why didn't FUNimation provide space on its own servers? This contest sends a conflicting message against copyright if I ever saw it, and it sure as hell doesn't look good coming off using a lawyer suing 1,337 people for actions no different. Anyone participating in this contest should take note of the liability they place on sites like YouTube and DevianArt while using their services to upload infringing content. For shame, FUNimation, which doesn't own all the rights to the series. |
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Tempest
 I Run this place.ANN Publisher  Posts: 10463 Location: Do not message me for support. |
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1) ANN made those rules, not Funimation. We could easily provide a place to upload the entries, and it would create significantly less work for us. The public gallery rules are for a reason. 2) Derivative works, particularly highly transformative ones such as fan-art, cosplay and the other possible entry options are fair use and have long been tolerated and even encouraged by the anime industry (with a few exceptions obviously). 3) By sponsoring this contest (with full awareness of the rules), Funimation is implicitly giving entrants permission to create derivative works for use in this contest. 4) Do you know what kind of rights Funimation has to the property? You've read the licensing agreement? They may explicitly have rights to create or encourage the creation of derivative works for marketing purposes. As far as you know, this contest may have gone through approval processes. If the rights holders and creators don't like it, they will contact Funimation , its not like FCC and Production I.G don't know how to contact Funimation. Last edited by Tempest on Thu Mar 10, 2011 10:56 am; edited 1 time in total |
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Tempest
I Run this place. ANN Publisher Posts: 10463 Location: Do not message me for support. |
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Reproduction and distribution are extremely different from derivative, transformative works. You're generally one of the smartest people on this forum, but right now you are displaying a surprising lack of insight. -t |
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PetrifiedJello
Posts: 3782 |
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Under US Copyright Law, they are not extremely different. Under the law, they are the same.
Perhaps, but I'm not calling out the derivation of works. I'm calling out the fact FUNimation is expecting other 3rd parties to store the infringement regardless what type it is. I'll be addressing this matter in a letter to FUNimation. If FUNimation were to host the works on their own servers, this matter would be closed as far as I'm concerned. |
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Katsu Koneko
 Posts: 134 Location: California |
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This will probably be a no, but I wanted to ask anyway if Anime Music Videos counted for the video category? Or is it just for cosplay purposes only?
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DKL
 Posts: 1962 Location: California, USA |
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Interested, but I'm a little confused:
So we can draw/make ANYTHING as long as it fits the theme of the show? Like, for images, there's no specification and it can be as large as it needs to be? I guess, in particular, this is the part of the rules that is confusing me:
What does that mean, exactly? (are we talking about the Eden of the East and Funimation logos?) Anyway, sorry in advanced if I'm not reading things correctly... |
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DavidShallcross
 Posts: 1008 |
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The rules include
I think this gives which logos are relevant, and the size limits. |
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DKL
Posts: 1962 Location: California, USA |
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Okay, cool... I guess the only other question I have right now is:
So an image can't be 800 pixels wide x 600 pixels tall instead? I would've preferred working with something like that... |
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Tempest
I Run this place. ANN Publisher Posts: 10463 Location: Do not message me for support. |
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800 pixel wide images do not fit in our layout. If you submit an oversize image, our server will resize it when I upload it, and we don't guarantee that it will maintain the quality of your original. You want to do a landscape ratio image, make it 600x480. |
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Azure Shift
 Posts: 15 Location: Texas |
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Ahh,this sounds pretty neat plus I have been drawing a bit more lately.(Kinda glad now I kept my deviant art lively somewhat.) Kinda sick right now though so can't think as fast...Luckily it ends on April 1st.(Kinda ironic,for me anyway.) Uh so..Do we find the motifs on our own or do some of them get supplied?(Sorry if this sounds like a silly question..
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morefunthanlaw
Company Representative
 Posts: 6 |
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Hi, there. This is Evan, Legal Counsel from FUNi. This seems like a thread I should chime in on, both to clarify FUNimation's position and to share what I know about Fair Use, which happens to be a topic I've researched extensively and even given presentations on.
Yes, YouTube clearly filters video content, but please know that it primarily does so at the behest of copyright holders. The only content YouTube filters on its own volition, to my knowledge, is adult content--but that's a whole 'nuther story. As for being at risk by encouraging people to post works on sites like YouTube, I don't see it. I assume the "trouble" you're referring to is copyright infringement liability. That should be the least of any contest participant's worries. First of all, the DMCA protects YouTube from infringement liability for content posted by third parties. Since YouTube is free from liability, it has no valid claims against the uploader either. At most, an uploader of infringing material might be liable for breaching YouTube's Terms of Service. But this assumes that the material is infringing. In this scenario, it is not. Secondly, Tempest is correct in that FUNimation has implicitly granted ANN a limited license as to Eden of the East fan art. (And yes, this is permitted under FUNimation's license agreements, marketing plans and course of dealing with nearly all of its licensors)
I'm cautious to call any large body of works "fair use" so broadly, but certainly the more transformative the derivative work, the more likely it is to be considered fair use. And I agree wholeheartedly that fan art and fan fiction have been tolerated and encouraged by the anime industry. In Japan, fan fiction was traditionally RAMPANT. I've read about entire conventions of primarily fan fiction that publishers simply ignore on a regular basis. And FUNimation is usually fine with it, too. When FUNimation "brings the hammer down" on infringing fan art, I'm the one to make that decision. (or any one of my team of Infringement Specialists, after thorough training) But I first take into consideration FUNimation's wishes, then I try to consider the four fair use factors in the statute, found at 17 U.S.C. § 107: (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. I'd like to take these out of order, because that's how I approach these situations at conventions. Starting with (2) the nature of the copyrighted work: The copyrighted works in this case are the characters, landscapes, architecture, etc. from our shows. This is primarily hand art, of a commercial and original nature, and it's all fairly labor-intensive. (3) amount used in relation to the whole: the characters are usually copied in their entirety, sometimes in a stylized manner and sometimes far too close to the original. (1) purpose and character of the use: some of the fan-art is simply on display, some of it is being entered into contests...but some of it is being reproduced and laminated on a massive scale (by someone who is not remotely connected to the fan artist) and it is then being sold to the public at large. That's not gonna fly with me. (4) effect of use upon the potential market: this is the big one. For me and for the courts. This is the factor that receives the most analysis. The last scenario I described above fails this test in a major way. Bottom line: if I see someone selling stacks of unauthorized, laminated posters [or the like] to the public, I shut 'em down when I am able, especially if they're in the Dealer's Room at a convention and especially if the logo or any trademarks are included (our license agreements require us to do this) and especially if we, or our licensees, are already selling substantially similar artwork or merchandise. (remember factor #4?) If, however, I see someone in Artist's Alley selling a bunch of hand-drawn fan art, I say hello and wish them luck in their endeavors. Sometimes I even buy it! Beyond the convention issues, we are always extremely flexible. I'm happy for anime clubs to play our DVDs for huge groups of people. I'm happy to see reviews and commentaries incorporating snippets of shows. I'm happy for students to incorporate our licensed content into school projects and I'm happy for fans to make AMVs and parodies (as long as the parodies are true parodies--sometimes they are simply abridged episodes, which anecdotally have shown a negative impact on the market and are therefore removed) Surely, I've rambled long enough. I'm sorry I don't have time to read or post on this forum as much as I'd like to, but I reckon that's ok with most folks here.  Either way, I hope this has been at least somewhat helpful.
-evan |
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Faiga_Raisa
 Posts: 283 |
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"All types of art are acceptable, be it digital, marker, paint, mixed media, poetry, music, interpretive dance, street art or even cosplay. As long as it works in the logos and fits into the theme of Eden of the East and The King of Eden, we want to see it. Be creative! "
I have a few questions! Okay, so as much as my digital art isn't anywhere near good the stuff on Pixiv, I could make something with traditional media. But... "Must include the Eden of the East and FUNimation logos somewhere in the artwork" "image entries must be posted on an online image gallery such as DeviantArt, American Cosplay Paradise, etc." ...does that mean I should scan/photograph and post it on DA...and then add a water mark or text with photoshop with the Eden of the East + FUNI logos onto the bottom or should I actually paint them in on the actual piece? Next question! It says you can do cosplay. Usually cosplay images are multiple photos showing off not only cosplay craft skills but also photography. Without both, cosplay is poop. Are we supposed to only submit 1 picture or can we link to our cosplay account showing off a few? Like the ACParadise Eden of the East contest (which I missed) for example, lets you have multiple pictures. That way people look at multiple images before they vote to get an accurate represenation of a person's cosplay. And, should we add the 2 logos on the bottom of those pictures as well? Any answers and feedback is appreciated! |
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bglassbrook
 Posts: 1244 Location: Gaithersburg, MD |
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Is there supposed to be some sort of difference between the three main grand prizes and the random grand prize? Or does that just mean one of the grand prize winners gets double the prize?
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Tempest
I Run this place. ANN Publisher Posts: 10463 Location: Do not message me for support. |
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Incorporate them into the actual piece, be creative.
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