While I know Japanese copyright laws varies from American copyright law, it seems like a double standard.
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30 / M / Glendale, AZ
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Posted 6/9/12
I occasionally see headlines of people getting arrested for pirating anime DVD, AMVs, torrent sites, scanlation sites, etc. While it obviously depends on the site one is at and the circumstances, why don't I hardly ever see someone getting arrested for selling doujinshi/fan art, fan fics, fan-made games, etc.?

While I know Japanese copyright laws varies from American copyright law, it seems like a double standard.

Also,
Sites I found when Googling "fansub fair use" that explain about the argument it isn't fair use (probably applies mostly to American copyright law) that I mostly skimmed through on the latter 4 sites.
http://fansub-faq.darkmirage.com/
http://www.law.ed.ac.uk/ahrc/script-ed/vol2-4/hatcher.asp#Fair
http://www.seika.org/anime/primer/fansubs1.html
http://blogs.cornell.edu/copyrightinthedigitalage09/2009/11/23/my-final-paper-topic-anime-fansubbing/
http://anbudom.net/faq/

repository.library.georgetown.edu/bitstream/handle/10822/552937/padmanabhanLakshmi.pdf?sequence%3D1+fansub+fair+use&hl=en&gl=us&pid=bl&srcid=ADGEESjEaxIyapZVhj6WicEdoEQWe_GtdkzPbjuLFsWZdkveJqMBttS7pUyHSrLDBQWeZfDmZknVQd73Yk481H7idz5Ic7ggJgIdVT16dNL2Esy0eKnteiSQOuKBZod-AIG6vR_tTn0J&sig=AHIEtbRxc4nj0aOifD5x4PUzbJZnnqOsHg (Fansubbing in China that the writer put an incredible amount of time writing because it's over 140 pages with the bibliography included)
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Posted 6/9/12
There's a big difference in the two examples you give. One of them is the official works produced by the studio who's profits are cut when other people are releasing THEIR PRODUCT for free (and in the process, are making money themselves) while the other is made by fans whos works help expose the series to others who may then become interested in the source material which equals more sales.

It's not like all doujinshis are ignored, some are asked to cease operations if it hurts the image of their product or for some other reasons.

Different topic: Where is the source for a person(s) getting arrested over an AMV. The most I know they do is take it down.
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Posted 6/9/12
Derivation laws Im guessing. Same way we can write and draw fanart and not get jailed for it. Also I suspect that doujinshi companies are allowed to sell their work for cost only, and not profit. But that part is just a guess.

Theres a similar occurrence with game mods. On the Nexus site we can put up a paypal link and people can donate money for our work. We cant say "Ill put out this many mods and will fix bugs in my mods, but it will cost this much."
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Posted 6/9/12 , edited 6/9/12


Copyrighted material is made by other people/companies and not the people who upload it to sites.
YouTube users get "fair use" wrong all the time

This Warning is pretty much self explanatory
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Posted 6/9/12

FallenYmir wrote:

There's a big difference in the two examples you give. One of them is the official works produced by the studio who's profits are cut when other people are releasing THEIR PRODUCT for free (and in the process, are making money themselves) while the other is made by fans whos works help expose the series to others who may then become interested in the source material which equals more sales.


Fansubbers dont put out their subs for cost, if they have a paypal link its to cover the cost of the servers. Ive never seen a fansub site with a money amount attached to a an episode or a batch torrent. Doujinshi companies DO however make money off their work.

Another aspect of Doujinshi is that they dont recreate the anime or manga, its usually stories involving charaters from a series (a lot of the time its hentai). Doujinshi are also original characters and settings, not all of them are based on copyrighted works.

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30 / M / Glendale, AZ
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Posted 6/9/12
I was just assuming people have gotten arrested for AMVs. I don't recall any specific article. I was also putting it in a collective sense.
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Posted 6/9/12

kitsuneshoujo wrote:


FallenYmir wrote:

There's a big difference in the two examples you give. One of them is the official works produced by the studio who's profits are cut when other people are releasing THEIR PRODUCT for free (and in the process, are making money themselves) while the other is made by fans whos works help expose the series to others who may then become interested in the source material which equals more sales.


Fansubbers dont put out their subs for cost, if they have a paypal link its to cover the cost of the servers. Ive never seen a fansub site with a money amount attached to a an episode or a batch torrent. Doujinshi companies DO however make money off their work.

Another aspect of Doujinshi is that they dont recreate the anime or manga, its usually stories involving charaters from a series (a lot of the time its hentai). Doujinshi are also original characters and settings, not all of them are based on copyrighted works.



They don't need to charge users to watch when they get paid everytime someone clicks and download from their links in addition to advertisements. You're also delusional if you think the money they make is only used to pay for servers and not into their pockets as well.

As for doujinshis, those companies see a greater benefit in allowing them to exist even if they are making a profit.

If fansubs were to black out fight scenes or do things that would cause viewers to go seek out the source product, they may not be as prosecuted as they are now.
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35 / M / Construction land!
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Posted 6/11/12 , edited 6/11/12
There's no double-standard in place. The ones who do get shut down are all seen as harmful to the property holder- they have put an exact copy out of material they are selling. It is seen as (and does) pulling sales away from the owner, regardless as to whether the other is profiting or not. (If they are profiting, there are extra charges that can be brought onto them in addition to copyright infringment.)

Doujinshi, AMVs, etc, are deviational works. While using ideas from the source material, they are not a direct copy; rather, they become an additional outlet in which to showcase a property. This, in turn, may draw more interest in the actual property and increase sales. A few years ago, there was a Princess Tutu video made to Hall Um Mig Nu shown at an AMV contest. Shortly after said contest, the ADV booth in the dealer's room had apparently sold through all their stock of the show, as had several other dealers.

So, what about profit on the deviational works? As long as the profit is not considered excessive (though excess is not really defined), they'll usually look the other way. As such, to respect this, doujinshi, the most common item sold for profit, are almost never reprinted, so as to not make it a commercial product. (All of the reprints of commercial properties I'm aware of are done by groups where the original creator is a member, like Murakami Maki and the Gravitation Remixes from Crocodile Ave.)

However, this doesn't mean they are technically 'legal', persay. (RIAA would love to make AMVs completely illegal, as they use... *gasp* a full song!) They are allowed in Japan, and in some cases, even encouraged, for the above reasons. But occasionally, you will get someone who is more interested in protecting the image, and they will enforce their copyright.
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Posted 6/12/12
and where in the world did you get that banner?
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