From: ph111-dz@violet.berkeley.edu (david mou)
Newsgroups: rec.arts.manga
Subject: Copyrights and etc.
Date: 22 Jul 1992 08:33:27 GMT
Organization: studio 3x3, a.b.
NNTP-Posting-Host: violet.berkeley.edu

I know this is a rather touchy issue which can very likely turn into a flame
war, but I must have it cleared before going on with my other projects.

There seems to be a spectrum of ways to "violate" other people's copyrights.
The most blatant way is of course to photocopy the original manga and, with
some editing jobs, sell the processed batch to someone else.  (As if most of 
you don't know, this is how "manga" was like in T$@w&n not so long ago.)
Perhaps it's because the island nation has such a bad rep already, those manga
distributors got away most of the time from prosecution.  But recently, 
copyright notices begin to appear in these "bootlegs", so one can assume 
the Japanese publishers finally recognize the vast bonus market which they 
never intended to target in the first place.  In this case, piracy for the 
sake of creating new market and awarenesses doesn't seem to be a bad tradeoff.
But this is beside the point....

So what about the next step up?  I assume if I would take a art piece, 
photocopy it, and reprint it as a poster and sell it for profit, I would 
still be violating the law.  What if an artist decides to create an original
art piece by hand copying the image on a canvas, down to the smallest detail
and color matching, and turn around and sell that piece?  This sounds like
he's doing something wrong, but is he breaking any law?  In AnimeCon/Expo
there were many many people doing the exact same thing at tables right outside
the dealers room.  It's obvious the general public (note: not lawyers) don't
consider this an act of piracy.

Of course, the good artists don't have to copy; they can create original 
poses for their favorite characters.  Are they still violating any law by 
borrowing the likeness of other people's characters?

And now we're talking about mass production.  If the artist decides to make
reprints of his art (hand copy or original) and sell them off to the public,
is he or she breaking anymore laws?  This is basically what's happening with 
many unlicenced shirts sold during the Con.  While Takada-sensei may have 
liked unauthorized Sazan shirts (I'm assuming they're unauthorized, I may be
wrong), Kodansha may not like the idea.  I'm sure everyone is having so much
fun at the Con to care, and I'm not going to rub this idea in to everybody 
because there's no chance in hell anyone will sue shirt makers.  I just think
we're still in the gray area there.

Now, finally, we just take one step further.  We borrow character likeness,
make "original" drawings and situations, mass produce them, and sell them 
under the name dojinshi.  We're doing this for the money (although I might 
offend the pure dojin artists who do this just for the H of it) and indeed
we make tons.  Does the original artist or his publisher have any ground for
a lawsuit because of this dojinshi?  Sounds like we're doing something wrong,
but since everyone's doing this, so who cares.....  right?


.... and what about text reprints or translations of manga?  Synopsis should 
be alright legally, but what about translations disguised as synopsis (takes
time but it can be done)?

Lastly, while we all should respect copyrights (heh heh) we can also think 
in terms of end results.  Isn't it to the publisher's advantage that we create 
awareness of manga in America in whichever way we can?  The laws may be 
exact, but moderate violations may be for the better of everyone's interest.


Hmmm... "Benign Violator", sounds like a cool title for a Rapeman sequel.
-- 
                                                                         o
    davmou@ocf.berkeley.edu  ph111-dz@violet.berkeley.edu   studio 3x3  ^ ^

                    So much to do.... and so little will.