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Nele Noppe

Of Otakus and Fansubs - 0 views

  • hindrances in a digital world that copyright laws pose for creative works that, while technically infringing, should perhaps be valued and allowed.6 Certain features of digital technologies and the internet,7 according to Lessig, can permit greater restrictions on remix than were allowed in the past.8
  • hindrances in a digital world that copyright laws pose for creative works that, while technically infringing, should perhaps be valued and allowed.6 Certain features of digital technologies and the internet,7 according to Lessig, can permit greater restrictions on remix than were allowed in the past.8
  • Lessig and other legal scholars such as Mehra have pointed to dojinshi in Japan as an example of how permitting more “remix” can contribute to a vibrant cultural industry.
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  • some artists make a living off producing dojinshi.
  • In the west, fans of anime, the term for Japanese animation, behave much like fans of Star Wars and Star Trek: they “remix” the characters and ideas from the stories they watch.
  • Trekkies or Star Wars fans do the same activities as otaku, but one practice sets anime fans apart from other avid fans: fansubs.
  • Manga also has its own form of fansubs called scanlations
  • Fansubs and scanlations don’t quite match the “traditional” forms of remix that Lessig and others mention. They do not create a “new” work in the same sense as dojinshi, fan films, or AMVs because their aim is to remain faithful to the original work.
  • Fansubs as a cultural product sit at an interesting boundary—between the dojinshi-like fan culture that authors such as Lessig want to encourage and the massive online file trading so vilified by the recording and motion picture industries.
  • examines the anime industry’s unique relationship with fansubbers in the context of the suggestion that it represents a new policy model for online copyright.
  • Section 7 concludes by stating that it is too soon to claim the anime industry as a victory for alternative business models incorporating what most would think of as widespread copyright infringement.
  • Otaku create fansubs because they love anime—in fact, most love all things Japanese.
  • Fansubs predate BitTorrent, broadband, the dotcom boom and bust, and even the World Wide Web.
  • Fansubbers distributed or traded the finished videocassette tapes to others, but because of the time and cost involved of mailing out a physical medium, distribution was limited.
  • At one time fansubs were virtually the only way that fans could watch (and understand) anime.
  • But as with the music industry, the benefits of digital technology and the internet brought problems.46 Fansubbers started to take advantage of faster computers that allowed them to subtitle anime without the need for expensive, specialized equipment.47 This made it easier for more people to fansub because of the lower cost barriers to becoming a fansubber. The internet also meant that fans could meet from around the world, thus making it more likely that fansub groups would form. Today, groups now make digital video files instead of videocassettes.
  • Fansubbed videocassettes offered a poor quality picture and sound that encouraged fans to buy the licensed product when it came out and also limited the number of copies that could be made from a single original cassette (or from 2nd and 3rd generation cassettes).49 Digisubs offer a quality comparable to official (DVD) releases and the ability to make limitless copies.
  • Fansubbers then “release” their fansubs to fans. Distribution happens through all of the regular internet channels, including p2p services (Kazaa, eMule, etc), BitTorrent, IRC, and newsgroups.
  • Lessig essentially asks the question, “Do our laws stifle creativity and sharing to the point where it harms society?”78 Some point to fansubs and anime as part of the answer to this question—when a company allows some illegal activity it actually benefits.
  • Unfortunately for fansubbers, copyright law does not condone their activities.80 International copyright treaties such as the Berne Convention, state that its signatories (such as the United States and Japan) should grant authors the exclusive right to translation.
  • copyright law construes translations as “derivative works”.82 Derivative works are any work “based upon one or more preexisting works.
  • The Japanese legal system may also, as a practical matter, discourage litigation towards fansub groups within Japan,
  • Within Japan, fansubs could potentially be within the law because the Japanese take a more relaxed attitude towards some aspects of copyright law and include private use and non-profit exceptions into their law.
  • For infringements outside of Japan, it is no small wonder that Japanese companies do not bother with the expense of enforcing a right against a group whose infringement affects a distant market with a different legal system.
  • In his article regarding selective copyright enforcement and fansubs, Kirkpatrick argues for a fair use defense under U.S. law for fansub activities based on the cross-cultural value of translations, the non-commercial nature of fansub groups, and the potential market enhancement for the original work.
  • The fact remains that fansubs may create a preferable product for otaku—thus decreasing any market enhancement arguments.
  • One wonders what could be easier than a few clicks of the mouse and a few hours (or less) wait for a file to download, for free. Many video files deliver comparable picture quality and fandubs do exist.
  • Regardless of any potential defense, the law sufficiently tilts towards copyright holders so that they can easily use the threat of suit as enforcement.
  • The sheer cost of defending a copyright suit makes for a powerful incentive for fansubbers to settle, especially since fansubbers make no money from their activities and are unlikely to have any assets.
Ariane Beldi

Digital Manga Publishing Detail New Venture to Launch Over 1,000 Manga Online // Silico... - 2 views

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    Hikaru Sasahara, president of Digital Manga Publishing (Berserk), revealed, this week, to Anime News Network, a new venture his company is planning, by which fans will be able to provide their scanlations online, and these would then be distributed legally with the permission of the original copyright holders.
Ariane Beldi

OtakuTimes.de - serious about anime & manga - 0 views

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    Die neue Initiative namens Anime Copyright Allianz stellt eine Kooperation von Fans, Conentanbietern und Medienakteure dar, die gemeinsam die Respektierung des Urheberrechts in der deutschsprachigen Manga- und Animeszene fördern will.
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    This is a German website about promoting the respect of copyrigths in the field of animes and mangas. I know that this is an issue of debates, but I think it is worthwhile to read what people on both sides have to say.
Nele Noppe

Comic Market: How the World's Biggest Amateur Comic Fair Shaped Japanese Dōji... - 0 views

  • the world's largest regular gathering of comic fans today is Tokyo's biannual Comic Market
  • dōjinshi phenomenon did not start with Comic Market, Comike and dōjinshi are inextricably linked, having shaped each other's history for three decades.
  • Comike convention has shaped the most important trends defining the development of dōjinshi in Japan today
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  • In 1975, a woman who had made critical remarks about the Manga Taikai was excluded from that convention, and [End Page 234] subsequently a firestorm of anger among fans produced a movement against the Manga Taikai led by the famous circle Meikyū (Labyrinth), which resulted in the conception of a new alternative convention. On December 21, 1975, the first Comic Market—"a fan event from fans for fans"—was held in Tokyo.6
  • [End Page 232]
  • [End Page 233]
  • Comike's underlying vision was of an open and unrestricted dōjinshi fair, offering a marketplace without limitations on content or access.
  • With the advent of these fan-consumers (as opposed to fan-creators), dōjinshi became demand-driven publications. Greater competition gradually fostered rising standards of quality, which in turn attracted more circles and buyers. Higher sales shrank production costs and boosted profits, which could then be reinvested in the dōjinshi themselves. Small printing companies, many of which had begun in the minikomi (microcommunication) boom of the early 1970s, were able to use the profits derived from greater demand for their services to modernize their equipment, lowering production costs further and enabling them to construct their production schedules around each Comike.8 Additionally, lower printing costs freed smaller groups from the dependence on bigger groups, which often had strict rules on content and style to avoid conflict among their many members. Having lost their raison d'être, these big clubs and circles gradually faded away, leaving dōjinshi creators to produce stories they liked, in the manner they liked.9
  • [End Page 235]
  • aniparo parodied popular anime series, and in doing so, attracted a new type of fan to Comike, beyond its core group of 2000 or so attendees. These were female fans, mostly middle and high school students strongly influenced by the 1970s florescence of shōjo manga. They began to create and consume dōjinshi in which the (bishōnen or "pretty boy") male protagonists of popular anime and manga were transposed into a very particular sort of erotic story typified by the phrase: "without tension" (yama nashi), "without punchline" (ochi nashi), and "without meaning" (imi nashi)—and hence the contemporary genre title, yaoi.10
  • The eleventh Comic Market in spring 1979 saw the popularity of the cute and pure bishōjo or "pretty girl" (strongly influenced by 1970s shōjo manga) skyrocket among men's dōjinshi circles, attracting many new male participants.
  • The Comic Market was dominated by women from the beginning (90 percent of its first participants were female), but in 1981, thanks to lolicon, male participants numbered the same as female participants for the first time in Comike's history.13
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  • Internal conflicts on the Comike planning committee underlay some of these developments: they marked the ascendancy of the faction led by Yonezawa Yoshihiro, who favored Comike's unlimited expansion.15 Though he was criticized for purportedly selling dōjinshi out to commercialism, Yonezawa couched his plans for Comike in terms of a collective organization of the convention by all participants, including staff, circles, and visitors.16 Whatever the underlying reality, these public principles remain little changed today.17
  • Faced with this loss of identity, talent, and space, every other large fan convention except Comike dissolved. Yaoi Boom But in the middle of the decade, one manga and its anime not only saved dōjinshi fandom from near extinction but was responsible for its biggest boom yet. Takahashi Yōichi's Captain Tsubasa (1981–88, Kyaputen tsubasa),
  • [End Page 237]
  • New dōjinshi conventions appeared, and manga shops began selling dōjinshi on commission. Comparatively lush, custom-made, oversized dōjinshi with more than one hundred pages became common, and popular circles could now live on their fanworks' profits
  • professional creators like Toriyama Akira of Dragonball fame participating,
  • [End Page 238]
  • Despite the self-censorship brought on by the mass media's criticism, Comike nevertheless continued to thrive. Young men tired of new, tighter restrictions on professional manga turned to Comike, and attendance once again swelled to 230,000 in the summer of 1990.23 Hardcore lolicon was now passé, and erotic dōjinshi for men had greatly changed. New genres were introduced with such aspects as fetishism and a new style of softcore eroticism enjoyed by men and women alike; in particular, yuri (lily), or lesbian stories, emerged.24Dōjinshi also became smaller and shorter due to professional publishers recruiting talented dōjinshi creators en masse: the bulk of dōjinshi were the works of the less talented creators left behind.25
  • Other factors contributing to the increased interest in dōjinshi and in fanworks were the development of fixed otaku landmarks and the spread of computers. Almost everyone could now afford to make digital dōjinshi as well as audiovisual or even interactive dōjinshi (i.e. dōjin music and dōjin games).
  • The personal technology revolution meant [End Page 239] simplification of fanworks' production processes as well as completely new possibilities for communication and new digital genres. With the growth of dōjinshi in other media, the term "dōjin products" (dōjin seihin) has gradually come into use to describe fanworks of all genres.
  • Further, the conversion of Tokyo's Akihabara "Electric Town" into a district full of shops selling otaku-related goods, as well as the nationwide expansion of otaku-goods retailers and the establishment of Internet communities and message boards in the late 1990s, enabled otaku to live out their interests and to communicate nonstop with like-minded people everywhere. Their interests and culture were easily shared, and consequently information on Comic Market and dōjin culture spread around the world.
  • The rise of the Internet also meant that Comike lost its monopoly as the center of otaku and dōjinshi culture. Nevertheless, Comike remained the most important event for Japanese fans, especially after companies with otaku-related products started to exploit it.28 Firms had been interested in Comic Market for decades as a never-ending pool of promising new talent and as a place to exploit them commercially, and they were willing to pay much money for direct access to these masses of otaku.29 Starting with NEC in the summer of 1995, companies were granted exhibition space to market or to sell their newest products. This was the birth of the dealer booth at Comike, and, as with dōjinshi circles, the number of applicant companies was much higher than that of available spaces: a self-sustaining event with such high attendance was too important for any related company to ignore.30 Companies accepted the existence of unlicensed parody dōjinshi using copyrighted material (albeit in a transformative and thus arguably fair-use manner) since they could now sell exclusive goods at Comike (Figure 3) or use it as a marketing place, attracting to the convention people who were not interested in dōjinshi.
  • In the summer of 2004, 5 percent of all circles participating in Comike were headed by a professional mangaka or illustrator, while another 10 percent had some professional experience.
  • Despite its relative newness, Higurashi became one of Japan's biggest media phenomena, and at the seventy-sixth Comic Market in summer 2009, Tōhō Project became the first dōjin title ever to receive the honor of being considered its own genre.
  • [End Page 243]
  • It seems that dōjinshi circles are not switching entirely to the Internet but rather are using it as an informational and marketing platform for themselves and their creations, spreading the knowledge of and fascination with Comic Market to new spheres.
  • With high attendance, positive media attention, and industry support, Comike's position seems invulnerable. Even the deaths of important figures such as Iwata Tsuguo in 2004 and Yonezawa Yoshihiro—who was the face of Comike for decades—in 2006 did not harm its position. But unresolved problems, such as the use of copyrighted material in parody dōjinshi and the child pornography questions inherent in lolicon and shotakon, remain.
  • Comike was neither the first nor the biggest dōjinshi fair when it was established; its main purpose was to provide the freest market possible, and that freedom has come at a price. The dream of a Comic Market open to every one and everything was never realized, as there were too many physical, financial, and legal restrictions. Even today, the Comic Market suffers from a lack of space, a lack of money, and a lack of legal security. Only two-thirds of applicant circles can participate due to constraints, since, as a small independent operator Comike's financial resources are limited and most of the work is done by volunteers.
  • s the center of attention, with its size and its links to the industry, it is undeniable that Comike possesses the power and the means to influence social, market, and even political developments. In [End Page 244]
  • recent years it has not been reluctant to use this power. Whether through conferences on copyright issues or on the establishment of a "National dōjinshi fair liaison group" (Zenkoku dōjinshi sokubaikai renrakukai) in 2000, it has taken on the responsibility of representing and of regulating Japanese dōjinshi culture.
Nele Noppe

Copyright quandary - 0 views

  • Sales of fanzines had never really caused big problems so long as they were done only at one-day fanzine exhibitions. However, some fanzines now sell in the thousands or tens of thousands of copies due to an increase in the number of bookstores selling them and the popularity of Internet shopping.
  • Even after the man had stopped selling it by himself, his fanzine carrying Doraemon’s “final” episode continued to be sold at Internet auctions, sometimes going for tens of thousands of yen.
  • Yet the series remains unfinished due to Fujiko’s death in 1996.
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  • We also cannot overlook the number of copies sold – 13,000 was too many.”
  • But we don’t categorically reject fanzines in general (as a base of manga culture) as long as they remain within reasonable bounds.
  • “If publishers basically approve the existence of such fanzines, the creation of a new rule should be studied, which would require fanzines selling more than a certain number of copies to pay part of their profits to copyright holders,” said Yukari Fujimoto, a social critic.
Nele Noppe

Should Copyrights be Changed for Rakugo, Doujinshi and Software? - 0 views

  • Pokemon doujinshi case, in which a female doujin creator was arrested for being suspected of copyright violation
Nele Noppe

Translated erotic dojinshi "officially" for sale - 0 views

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    Wondering about the copyright logistics of this... (Warning: NSFW)
Nele Noppe

Icarus Publishing · Last thoughts on Detergent Magma - 1 views

  • I believe I’ve done this before, but given some of the stuff I’ve been reading on forums and the like, I feel the need to once again address plagiarism and doujinshi, especially how the two are not related.
  • Yet how do Japanese artists and readers reconcile their rejection of plagiarism with the wanton copyright infringement observed in most doujinshi?  Well, plagiarism is only a subset of copyright infringement, one which seeks to obscure true authorship.  Parody doujinshi are derivative work, but there is no confusion over the originator of the characters and ideas, no attempt to hide the source.  And there is still an expectation that the expression is original, that what one sees in a doujinshi – the artistry, the craft, the performance – is honest and real.  Comic art is indeed a performance, the paper is its stage.  Sometimes, one might borrow other characters for his play, but one cannot scratch the name off the director’s chair and replace it with his own.
Nele Noppe

Regulating the Fringe: Waisetsu (Obscenity) Rules Doujinshi? - 0 views

  • Doujinshi arrests are based on three major dimensions: copyright, taxation and obscene expression.
Nele Noppe

A Strange Resemblance: Find the 55 Small Differences… | 55DSL Blog - 0 views

  • New rumors about 55DSL are stirring on the web these days, since the incredibly attentive manga readers concerned about artist Youka Nitta’s recent illustration that resembles one of the brand’s advertising photographs. Specifically, the opening page in Stand on Vessel (Haru wo Daiteita series #49) manga in the August issue of Be-Boy Gold Magazine bears a great resemblance to the famous “kiss on the the ledge” from the Fall-Winter 06 campaign, and Nitta directly acknowledged that she traced it and that she is somewhat naïve in her awareness of copyrights. Nitta also promised to deal with these issues more carefully in the future, and apologized profusely to 55DSL, the people involved, and her readers. 55DSL says: Nitta, don’t worry, we’re not that kind of brand, we consider this a tribute, only the greatest are copied, right? But honestly, our chick is hotter than yours!
Nele Noppe

Japan, Ink: Inside the Manga Industrial Complex - 0 views

  • Europe has caught the bug, too. In the United Kingdom, the Catholic Church is using manga to recruit new priests. One British publisher, in an effort to hippify a national franchise, has begun issuing manga versions of Shakespeare's plays, including a Romeo and Juliet that reimagines the Montagues and Capulets as rival yakuza families in Tokyo.
  • Manga sales in the US have tripled in the past four years.
  • Circulation of the country's weekly comic magazines, the essential entry point for any manga series, has fallen by about half over the last decade.
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  • Fans and critics complain that manga — which emerged in the years after World War II as an edgy, uniquely Japanese art form — has become as homogenized and risk-averse as the limpest Hollywood blockbuster.
  • The place is pulsing with possibility, full of inspired creators, ravenous fans, and wads of yen changing hands. It represents a dynamic force
  • future business model of music, movies, and media of every kind.
  • Nearly every aspect of cultural production — which is now Japan's most influential export — is rooted in manga.
  • Comics occupy the center, feeding the rest of the media system.
  • About 90 percent of the material for sale — how to put this — borrows liberally from existing works.
  • Japanese copyright law is just as restrictive as its American cousin, if not more so.
  • known as "circles" even if they have only one member
  • by day's end, some 300,000 books sold in cash transactions totaling more than $1 million
  • "This is something that satisfies the fans," Ichikawa said. "The publishers understand that this does not diminish the sales of the original product but may increase them.
  • As recently as a decade ago, he told me, creators of popular commercial works sometimes cracked down on their dojinshi counterparts at Super Comic City. "But these days," he said, "you don't really hear about that many publishers stopping them."
  • "unspoken, implicit agreement."
  • "The dojinshi are creating a market base, and that market base is naturally drawn to the original work," he said. Then, gesturing to the convention floor, he added, "This is where we're finding the next generation of authors.
  • They tacitly agree not to go too far — to produce work only in limited editions and to avoid selling so many copies that they risk cannibalizing the market for original works.
  • It's also a business model
  • He opened Mandarake 27 years ago, well before the dojinshi markets began growing more popular — in part to provide another sales channel for the work coming out of them. At first, publishers were none too pleased with his new venture. "You think I didn't hear from them?" he tells me in a company conference room. But in the past five years, he says, as the scale and reach of the markets has expanded, the publishers' attitude "has changed 180 degrees." It's all a matter of business, he says.
  • triangle. "You have the authors up there at this tiny little tip at the top. And at the bottom," he says, drawing a line just above the widening base of the triangle, "you have the readers. The dojin artists are the ones connecting them in the middle."
  • The dojinshi devotees are manga's fiercest fans.
  • provides publishers with extremely cheap market research
  • the manga industrial complex is ignoring a law designed to protect its own commercial interests.
  • Intellectual property laws were crafted for a read-only culture.
  • the copyright winds in the US have been blowing in the opposite direction — toward longer and stricter protections. It is hard to imagine Hollywood, Nashville, and New York agreeing to scale back legal protection in order to release the creative impulses of super-empowered fans, when the gains from doing so are for now only theoretical.
  • mutually assured destruction. What that accommodation lacks in legal clarity, it makes up for in commercial pragmatism.
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