fanfic forensics

特に近年では、常識の範囲を超えて二次創作物や編曲等を乱発、営利目的に走るケースが増えており、中には著作権者側が権利を行使するケースが出てきている（Leaf/AQUAPLUSなど）。

ハリー･ポッタージャンル

どのジャンルでも起こり得ること

　かつて同人誌というものは即売会でしか買えなかったものだったようです。なんで「ようです」なのかといいますと、私が知った頃はもうアンソロが本屋で買えたからです。(1992年ごろだったかと)

印刷技術の進歩により同人誌の作成が手軽になってきたこともあったのでしょう。

Yet control over popular culture by mass media is clearly eroding

this paper investigates three relevant traditions of theory that address these overlaps: HCI, poststructuralism, and theories of technological determinism, especially in media.

Creativity—its nature, conditions of possibility, inputs and outputs, and processes—plays a major role in virtually all academic, professional, and artistic domains. As a result, it is heavily, and heterogeneously, theorized.

Genealogically, HCI developed alongside cognitive science and computer science, and was most often put in service of professional productivity software.

All of this is in service of what Schneiderman calls “evolutionary creativity,” which he illustrates as follows:“doctors making cancer diagnoses, lawyers preparing briefs, or photo editors producing magazine stories”(2002, p. 238). Here, Page 17 Creativity in Amateur Multimedia 15 and pervasive throughout the essay, Schneiderman’s notion of creativity appears to be paraphrasable as professional innovation: His interest is not artistic self-expression and, as we shall see, he is not alone in understanding creativity in terms of professional discourses

Again, creativity is understood as it relates to professional discourses, in this case the discourse of art history and its pedagogical presentation to museum-goers. Even analyses of group creativity in HCI contexts that seek to go beyond rationalist- individualist notions of creativity nonetheless operate in a rationalist mode.

The notion of creativity that emerges from these mainstream HCI essays places its agency primarily in the intentional activity of the individual (though the individual is presumably a member of relevant groups). It sees the ecology of creativity as a community of expert practice comprising research, dialogue, and artifact exchange, facilitated by social and computer environments that forgivingly compel an iterative and basically scientific (correctness, discrete information, classification, hypothesis) approach toward truth.

In this conceptualization of writing, creativity occurs at the level of discursive rule- transgressing. The role of the historical human in this process is greatly diminished, not because humans are not involved in textual production, but because the individual is at the wrong level of granularity for analysis. A given historical individual authoring discourse does so within complex interactions involving several selves and the clash of languages

Related, but not identical, to Foucault’s notion of authorship are theories of “intertextuality” put forward by Julia Kristeva and Roland Barthes. Intertextuality is the notion Page 19 Creativity in Amateur Multimedia 17 that a text is a “tissue” of (mis) quotations from other texts, considered to be more than mere collages, but transformative, of the sign systems from which they are derived (McAfee, 2004)

Creativity’s agency lies in the juxtaposition of sign systems (in which authorial identities are implicated), which occurs in the context of play, and results in artifacts that are significant not for what they say, but for the ways they materially contribute to the generative capacity of the discursive rule-set from which they operate.

Like Schneiderman (2002, 2003) and Foucault (1969/2000), Ellul (1964/2003, 1980/2003), too, is making claims about the origins and generation of knowledge in scientific discourses, but he situates the agency in the fierce pressures of technology as it overwhelms and often replaces the comparatively meek procedures of science and governance

As a result, according to Benjamin, our cognitive experience of the art also changes; whereas painting allows spectators to control their own stream of consciousness and reflect on what they see, cinema’s moving images disrupt association and contemplation, dominating viewers’ thoughts.

Benjamin’s (1936/1968) arguments are developed further by self-described technological determinist Marshall McLuhan, whose claim that “the medium is the message”(1964/2003) characterizes media as “extensions of ourselves” that “alter sense ratios or patterns of perception steadily and without any resistance”(p. 31).

For Manovich, the emergence of new visual languages is enabled not by an iterative, rational approach to innovation, as cognitive science might suggest; neither does it emerge from an evolutionary history of discursive transgression, as a poststructuralist approach might suggest 10. Rather, it is made possible by certain forms of productive convenience built into authoring tools that unleash visual languages and cultural logics that exceed any human intention, whether at the level of the individual or the group of experts.

A key first step is to understand how creativity is implemented in multimedia authoring software. Each program has ways it encourages authors to work. For example, Photoshop greatly rewards users who take advantage of layers, opening up avenues of possibility for compositing, nondestructive experimentation, and long-term editability. This in turn makes certain meanings (especially meanings created by the juxtapositions of spatial compositing) more easily realized than others. To what extent do contemporary authoring platforms encourage in the same ways (constituting and compelling a notion of digital creativity), or do different applications suggest different notions of digital creativity?

"Neighboring rights" refer to the rights of performers, broadcasters, and other individuals who do not author works, but play an important role in communicating them to the public.

Exceptions

As in many other countries, the term "public domain" is not mentioned in Japanese copyright laws, and thus, even though some materials are claimed to be "public domain", there can be some restrictions. Sometimes the term copyright-free is used instead.

Works authored by an individual, under his own name or a known pseudonym, are protected for fifty years following the individual's death. Works authored anonymously or under an unknown pseudonym, as well as works authored by corporations, where the individual author or authors are unknown, are protected for fifty years following publication. Japan is considering extending the duration of protection to seventy years to be more in line with the United States and other nations.

Very soon,[when?] CDs will be copy-protected in Japan.

Once implemented, it may become impossible to play copyright-protected CDs on the CD-ROM drive of a computer.

In 1992, the "Compensation System for Digital Private Recording" was introduced. According to this system, those who make digital sound or visual recordings for personal use should pay compensation to the copyright owners. This compensation is added in advance to the prices of specified digital recording equipment (DAT, DCC, MD, CD-R, CD-RW), and specified recording media (DVCR, D-VHS, MVDISC, DVD-RW, DVD-RAM) (Japan Copyright Office 2001, 17; ibid. 24).

In other words, the clever user who tries to free-ride on the original genius of the creator of this or that tune has to be educated, and forced to participate in a trusted system in order to obtain the desired tunes. No one has so far mentioned about either fair use or the reach of the public domain.

In 1997, the Japanese Copyright Law was updated to expand the coverage of the author's "right of communication to the public" (established in 1986 under the name of Rights of Broadcasting and Wire Transmission) to the stage of making it transmittable. The objects of the right of communication to the public are the activities of connecting a server to a network, and the activities of transmission

Besides these two definitions, Article 23 (1) of the Copyright Law provides that "(t)he author shall have the exclusive right to make the public transmission of his or her work (including the making transmittable of his or her work in the case of the interactive transmission)". This can be considered an expansion of the right of public transmission of authors to the preceding stage of making transmittable, available (Fujiwara 1999, 98-99; Japan Copyright Office 2001, 31), and even of a right of making transmittable that goes further than the WIPO Copyright Treaty (Ficsor 2002, 506). Apart from this, and in order to comply with the WIPO Performances and Phonograms Treaty, a right of making transmittable was also granted to performers and phonogram producers. The scope here is especially to regulate the internet broadcasting of live performances (Fujiwara 1999, 98; Japan Copyright Office 2001, 31).

when we look at it from the viewpoint of the public domain, the wider reach of the concept of communication to the public means a big limitation of the reach of this public domain. This is not a discourse against "copyright protection". Indeed, in a lot of cases, copyright protection seems to work as a system, and creates an incentive to produce. We only should be aware that the current transformations in the legislation concerning intellectual property rights — in Japan and in other countries — is moving very fast, and do not seem to take into account all facets of the story, nor remember the very basic goal of copyright, which is "to contribute to the development of culture".

In November 2000, the "Copyright Management Business Law" (4.2.2.3) was enacted. Its main purpose is to facilitate the establishment of new copyright management businesses, in order to "respond to the development of digital technologies and communication networks" (Japan Copyright Office 2001, 27). In general, we can say that this law will facilitate the rise of copyright management businesses, and possibly create a further limitation to the reach of the public domain.

In its book, "Copyright System in Japan", the title of this section is "(t)o secure the effectiveness of rights by utilizing new technologies" (Japan Copyright Office 2001, 32). This shows clearly that the Japanese government considers software to be a tool for enforcing copyright legislation. Not mentioned, however, is the possible negative side-effects concerning fair use (limitation on rights), or the reach of the public domain.

It is quite clear that with this regulation, it becomes impossible to circumvent the copyright-protection of intellectual property in the context of fair use. This means that when a CD, etc. is copyright-protected, there is not only technically no space for fair use, but also from the legislative side, there is no support for copying in the context of fair use.