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Kazu

Important: Shogakukan bans fanart

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I don't really where to post that but I think this is something quite important. Please move this thread somewhere else if I didn't post in the right forum.

Have you read this information about Shogakukan's new directives?

http://www.sankakucomplex.com/2011/03/29/shogakukan-bans-fan-art/

What do you think about it?

It seems this new directives will affect all the international web sites.

People should be informed about it don't you think?

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Wow, this is really takes me back. I mistook reading it for Shoakukan bananas art. Then that means there's a threat to DCW as well and many other sites 5434240.png?

What they are doing I think it's too much... what's wrong with Fan Arts? And seriously, I've got much to say. Wow..

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HAHAHAHAHAHAHAHAHA.

Wow. That's so jacked up I don't even have proper words for it.

"Posting pictures, in whole or in part, of the binding or pages of our publications." No screenshots?

"Posting plot summaries or derivative stories and similar based on our publications." No plot summaries? REALLY? That's just PATHETIC. Why? People posting plot summaries can often bring more viewers if it sounds interesting! AND NO FAN FICTION? Screw this. I will change every character's name and screw them if they want to take me to court for it being 'similar based on our productions'. I'll still have mah disclaimer and acknowledgement, but that's just sick. Hm. Fanfiction writers, heck we might as well email our fanfiction to each other if we're not allowed to post it online. *ticked off*

"Posting pictures or photographs, in whole or in part, of our characters." Once again, NO EPIC SCREENSHOTS????

"Posting your own pictures (illustrations or parodies, etc.) of our characters." Okay, that's just stupid. Please, it's OUR own creativity if we're doing that. Get a life!!

"Modifying our characters (including your own images) or publications for use in software, icons, wallpapers. etc." NO EPIC EDITING OF SCREENSHOTS? My life is over apparently. I'm a criminal now? Goodie for me. This is really sick and twisted if you ask me.

"Posting the contents of the Shogakukan homepage (pictures, data, or source) in whole or in part." Anyone love how the person who posted the article did just that? XD

AAAAAHHH Don't mind me, I'm just ranting. Ranting. A. Lot. This ticks me off to no end. And personally they shouldn't be able to apply it to all countries, because the US DOES have fair use laws. That's like telling us we're not allowed to speak bad things about them, in my country it's legal under freedom of speech. So Japan, be a jerk to your fanbase that brings you so much money when you're NOT in a crisis. And actually just don't do it at all.

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Just in case you don't know it on FF.net, you can read that:

FanFiction.Net respects the expressed wishes of the following authors/publishers and will not archive entries based on their work:

* Anne Rice

* Archie comics

* Dennis L. McKiernan

* Irene Radford

* J.R. Ward

* Laurell K. Hamilton

* Nora Roberts/J.D. Robb

* P.N. Elrod

* Raymond Feist

* Robin Hobb

* Robin McKinley

* Terry Goodkind

Failure to comply with site rules will result in the removal of stories and/or suspension of account.

I don't know why they couldn't forbid you to post fanfics if they receive orders from Shogakukan publishers.

Actually the copyrights law are different in every countries. So even if I don't really understand their purpose with these directive, I think you should just think a little about it.

I'm especially concerned about the japanese fandom. And next, maybe the chinese and the english fandom. I really don't know far they can apply these directives. But I know a lot of websites which posted raw manga chapters were closed last year because some manga publishers asked for it. They can do it. That's why I wanted to know your opinion about this point.

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This kinda reminds of the a situation in an anime con near me. They ban all Kingdom Hearts fanart because it's a property of Disney and they don't allow use of their characters.

This ban they're passing will really affect people selling doujinshis at cons like Comicket. Maybe cons in Taiwan as well....but I'm not sure about the english fandom since they don't really enforce overseas people.

Stupid publishers. Mangakas don't even mind this. Fanart and fandom is free advertising! Maybe I would write a letter...

Thanks for sharing this Kazu, I'll keep this in mind.

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Yeah but you know there is a new censorship policy in Tokyo: http://www.japanprobe.com/2010/12/12/tokyo-tries-to-ban-harmful-anime-manga/

Thanks M. Ishihara...

I'm pretty there will be some bad results on the japanese fandom.

But this new directives from Shogakukan, I don't know if they be related or not to the censorship policy. But anyway, that just sounds not good at all... that's my opinion.

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I have a feeling this isn't true. I mean, Sankaku Complex was the same site that said that MSMM was going to be cancelled, just because of a few complaints. And you know what? It's not cancelled. Then again, that is just me, as that was the only article I read on there. xD

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Yeah I know sankaku complex doesn't always says true things. But I read the japanese page so I can tell you that's not a lie.

And I'm sorry about your key word Mohorovicic, but I don't get what you mean exactly. The policy will be applied in April in Tokyo. I don't think the law was canceled. I never heard about it.

But today in Tokyo, the second version of the bill went up for a vote and passed by the assembly with a final vote on Wednesday. As blogger Dan Kanemitsu points out, the ordinance is not national legislation, and is not a ban per se, but penalizes companies that produce material that is harmful to those under 18 years-old. Unlike in the U.S., companies that produce the material — and not retailers — come under fire.

The bill also does not target material that is 18-years-old and up as that material is already inaccessible to minors.

What’s also worth nothing is that the Tokyo government already has the power to dictate what, as Kanemitsu writes, is “too sexually stimulating for minors OR too sadistic for minors OR too likely to cause criminal acts among minors OR cause suicide among minors as ‘harmful material’, and force such material to be treated as adult only material.”

Regarding the new bill, the Tokyo government explains (via The Mainichi Daily News), “only manga and animation that glorifies or exaggerates illegal sexual acts will be subject to the regulations, and freedom of expression will not be violated.” This new bill attempts to define what is obscene — vaguely. Kanemitsu believes this is one way Tokyo is attempting to control what people read and view.

More importantly, the bill is directed at video games, anime and manga, but does not encompass novels, films, TV and photographs. Mediums that use real-life images are exempt.

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And I'm sorry about your key word Mohorovicic, but I don't get what you mean exactly.

I was joking, cause the article is Tokyo Tries to Ban "Harmful" Anime & Manga. But hey, just tried to lighten the mood.

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I would like to point out Shogakukan's directive is not a law. While I am not familiar with Japanese law, I doubt that anyone could ban something like plot summaries and survive a decent legal challenge. If Shogakukan wants to go after a site based in another country, they are going to have to do it by that country's laws. I think DCW is hosted in the US so Shogakukan would use the usual DMCA takedown notification.

IANAL, but in the US, I doubt they will be able to legally back takedowns of plot summaries, list of contents (as long as not directly copied), images used as illustrations of a topic, criticism or reviews, and parodies (note that most fan art and fiction are not parodies). This won't however stop them from being able to serve takedown notices. As lawsuits are expensive to fight, I imagine most people will comply.

The legality of fan fiction and fan art in general in the United States seems to be a murky gray area. There are multiple factors that have to be taken into consideration when deciding if something qualifies as fair use or not.

Against fan fiction/fan art is that it is a derivative work and the fan artist is violating the exclusive right of the copyright holder to control and distribute his/her work. Also most fan fiction and art borrow significantly (character design, settings) from the originals.

On the other hand, most fan fiction/fan art is non-commercial (i.e. not sold), does not replace or substitute for the original work, and does not negatively impact the saleability of the original work or derivative works the author may create. Also, fan work has a promotional aspect.

The result is that the legality is determined on a case by case basis. This is also expensive. Shogakukan will not want to deal with every individual case.

My bet is that the impact of this directive isn't going to have much international effect because I doubt that Shogakukan willing to spend the extra resources to go after foreign based sites which are often in other languages and do not make up a substantial money earning base.

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I know the Shogakukan's new directives are not a law.

And I also consider the part you just explained in your last post Chekhov. I just don't know how far they want to go with these directives.

But anyway, I heard there are some fanart copyright problem even in the USA about Disney's art. Some websites were closed because children draw a fanart of Disney characters. It also happened to a friend of mine in Japan about Disney. She's far to be a good artist. Her pictures looked like a 5 years old child drawing. But she had to close her site because of the copyrights.

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I know the Shogakukan's new directives are not a law.

And I also consider the part you just explained in your last post Chekhov. I just don't know how far they want to go with these directives.

But anyway, I heard there are some fanart copyright problem even in the USA about Disney's art. Some websites were closed because children draw a fanart of Disney characters. It also happened to a friend of mine in Japan about Disney. She's far to be a good artist. Her pictures looked like a 5 years old child drawing. But she had to close her site because of the copyrights.

It sounds like they sent whatever the Japanese equivalent of a DMCA is. In the US at least, receiving a DMCA doesn't mean that what you did was illegal, it means the right holders think you are violating their copyright. You might not be, and thus it may be possible to take it to court and win. I'd have to see the circumstances of the Disney case. My personal opinion is that I think the US system is unbalanced because it is onerous for a single individual to fight a wrong DMCA, thus allowing mass mailings of DMCAs that may very well be improper. I have heard Japan has less protection for fairuse than in the US, but I don't know enough about the Japanese system to make a legitimate comparison.

Anyway, I heard that a possible reason that Shogakukan is taking these measures now is because they planning to launch a work by the Manga Artist who created Fullmetal Alchemist and that they are interested in controlling all aspects of the launch.

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I don't think there is any fair use system in Japan. For what I know there is only fair use system in English spoken countries.

But I'm definitely not a specialist in law so I wouldn't say something wrong.

Thank you for your explanations.

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I don't think there is any fair use system in Japan. For what I know there is only fair use system in English spoken countries.

But I'm definitely not a specialist in law so I wouldn't say something wrong.

Thank you for your explanations.

Don't be too certain that what I am saying is right.

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I hope it only affects Japan, not the WHOLE world. Uhh... Is DC harmful? I hope it's not. Now my signature pic will not be allowed anymore...

ooh ooh! Do you think Gosho-san is a member of DCW?

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Do you think Gosho-san is a member of DCW?

He doesn't have time to sleep enough so there is no chance for that XD

Source: Conan Drill and other Gosho's interviews.

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All I have to say- WTH? (okay, maybe that's not ALL I have to say...) I mean, if we draw it ourselves, isn't it OUR work? If we write it ourselves, isn't it OUR stories? If we modified it ourselves, Well, it was our ideas we used in the first place! It's all our own work! DX

I love drawing DC! Does this mean I can't anymore??? :'(

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All I have to say- WTH? (okay, maybe that's not ALL I have to say...) I mean, if we draw it ourselves, isn't it OUR work? If we write it ourselves, isn't it OUR stories? If we modified it ourselves, Well, it was our ideas we used in the first place! It's all our own work! DX

I love drawing DC! Does this mean I can't anymore??? :'(

It's most likely not true...but if it is, I'd die. Fanfics are something I love.

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:o *speechless*

thats... thats..

that is not fair! if we make fan-art/fan-fic, it's not their property! WE made the fan-art, shouldn't it be OURS?!

i mean, we can do whatever we want to do with our work,,, can't we?

their manga is just an idea/character image--

our fan-art are our work/our ideas! (of what the characters are doing/background etc..)

we are just building on an idea!

i LOVE drawing fan-art.... :S

does this mean no more fan-art for me??! TT^TT

PS: do the authors/manga artists agree with this law anyway???

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