Akamatsu: Warns against changing Japan's copyright law

[bhl88]

Ken Akamatsu, the creator of the Negima and Love Hina manga, warned on Monday that proposed changes to Japan's Copyright Law would "destroy" derivative dōjinshi works, and he added that the power of the entire manga industry would diminish as a result. Kensaku Fukui, a lawyer and a Nihon University professor, wrote an Internet Watch essay about the ongoing Trans-Pacific Partnership Agreement (TPP) talks that prompted Akamatsu's remarks.

The Office of the United States Trade Representative describes the TPP as "an Asia-Pacific regional trade agreement currently being negotiated among the United States and eight other partners" (Australia, Brunei, Chile, Malaysia, New Zealand, Peru, Singapore, and Vietnam). The agreement aims to make copyright laws uniform across all the signatory countries. Japanese Prime Minister Yoshihiko Noda will be attending the Asia-Pacific Economic Cooperation summit on November 11-12, and Japan's possible involvement in the TPP will be one of the topics discussed.

Formal Complaints Now Required for Enforcement
According to Fukui, if Japan joins the TPP, copyright violations will no longer be offenses which require a formal complaint from the injured party for prosecution. Under the current Copyright Law, the police and prosecutors cannot act against copyright infringement unless the copyright holders themselves file a complaint. The proposed changes under TPP would also allow statutory damages to be levied against defendants.
The United States had asked Japan to make these changes in its Copyright Law in 2007, but opponents argued that if the changes were made, the culture developed through parody and dōjinshi works would be harmed. Akamatsu further argued that the changes "would destroy derivative dōjinshi" (or dōjinshi based on other creative works). He added, "And as a result, the power of the entire manga industry would also diminish."

Extending Copyright Terms
Fukui noted that the TPP would extend the term of copyright protection on creative works. Japan's current copyright laws protect the copyrights of a work for 50 years after the author's death — except for copyrights on cinematographic works, which last for 70 years after their first release. In the United States, copyright protection lasts for 70 years after the author's death, except for works of corporate authorship which are protected for 120 years after creation or 95 years after publication. The TPP aims to make copyright terms consistent across all countries that sign it.

Parallel Imports
Fukui further stated that the TPP, as proposed, would allow copyright holders to control parallel imports. Parallel imports are genuine, non-counterfeit items which are imported into other countries without the copyright holders' permission. For example, many companies ship anime discs and character goods out of Japan, while other companies ship North American anime DVDs and Blu-ray Discs into Japan to compete with more expensive Japanese releases. Under the TPP, copyright holders can stop or restrict these imports, and some copyright holders successfully argued that they already can.

Besides drawing manga, Ken Akamatsu also runs J-Comi, a site for releasing out-of-print manga online with the authors' permission. He has since added derivative dōjinshi — again, with the permission of both the original creators and the dōjinshi authors.

Ref: http://www.animenewsnetwork.com/news...-copyright-law

Will also prevent reverse importation: Not able to buy Haruhi complete Blu-Ray box with English subs and dubs.

[Kyuu]

US copyright for media is way way too long. Within 10-20 years, a work already feels like... they're better off put into "fair use", because they become greatly irrelevant vs current media.

[fertygo]

If I read this correctly.

We gaijin not gonna allowed to buy the R1 disc, n some R1 release that including english subs (like coming soon Fate/Zero BD-Box) gonna be prohibited?

[bhl88]

Yeah. They can restrict or stop it from coming here.

[fertygo]

Originally Posted by bhl88

Yeah. They can restrict or stop it from coming here.

Now that is retarded, we're not allowed to pirate their stuff.. but they're apparently also don't want we buy their stuff.

[bhl88]

Well we can still buy anime (Haruhi DVD US release: $50), but not allowed to import from them (Haruhi complete Blu-Ray Japanese release: 39800 yen).

[fertygo]

Originally Posted by bhl88

Well we can still buy anime (Haruhi DVD US release: $50), but not allowed to import from them (Haruhi complete Blu-Ray Japanese release: 39800 yen).

The hell
These nihonjin even don't like the positive new trend of importing the expensive anime R1 disc among us gaijin.

Although if copyright holder like Aniplex allow it, its no problem right?
Its ok then.

[Xellos-_^]

Originally Posted by bhl88

Well we can still buy anime (Haruhi DVD US release: $50), but not allowed to import from them (Haruhi complete Blu-Ray Japanese release: 39800 yen).

i think japanese animation companies are more afraid of the reverse.

[bhl88]

Parallel importation, reverse importation, same thing. They don't want to import and leave us with the plain covers.

[Random32]

The vast majority of copyright laws as of late are incredibly stupid.

I don't think the rights holders benefit in the Parallel Imports situation change either way.
1. Non-Japanese customers buy more expensive Japanese releases rather than the cheaper releases in their own countries.
2. I think most sales of DVDs/BluRays in Japan are to Otaku who care more about collectors value or supporting the creators than obtaining content to watch. Do remember they watch anime for free and can record it to watch again later for free, or download it to watch later, again for free. If someone isn't going to pay for the ridiculously expensive DVD's, they have better options than paying for the cheaper ones.
Thus, Otaku keep buying the expensive releases like they already do, but they lose out on the foreigners importing expensive releases.

[Ichihara Asako]

Parallel Imports
Fukui further stated that the TPP, as proposed, would allow copyright holders to control parallel imports. Parallel imports are genuine, non-counterfeit items which are imported into other countries without the copyright holders' permission. For example, many companies ship anime discs and character goods out of Japan, while other companies ship North American anime DVDs and Blu-ray Discs into Japan to compete with more expensive Japanese releases. Under the TPP, copyright holders can stop or restrict these imports, and some copyright holders successfully argued that they already can.

This is what concerns me the most. I buy a lot of figures. There is practically no domestic market for them so my only choice is to buy from Japan, but I can just see some company claiming a single store in one city is their official outlet and figures can only be sold there (at three times the price, as figure prices are at the handful of resellers that stock the mere fraction of what is available direct from Japan).

[abc0716]

Oh my, this is very absurd.

I'm planning to purchase a PS3 to play most JP games.

In case this bill passes, does this means we're not longer able to import Anime, games, figurines from Japan?

[fertygo]

Calm down, the copyright holder have the choice and they would want to import anyway.

AND this bill supposed to hit most damage to doujin industries mostly.

[Azuma Denton]

And one of the stupidity of Japanese company because of their xenophobia...
If only they realize the vast potential market outside Japan.
Even the game industry now pushing into fast localization of Japan's RPG game, and Aniplex now bother to distribute Fate Zero eps with sub so fast...

Why this copyright law is still being considered?

[Proto]

As they mentioned their main fear is reverse imports, that is, Japanese people buying American releases. Because they are waaaaaaaaaaaaaaaaaaaaaaaaay cheaper than their Japanese completely overpriced counterparts.

[bhl88]

And if everyone bought the cheaper counterparts, Japan will be out of the anime business.

[Dark Wing]

Well do they have to go after dojinshi works too?

They're not hurting anyone...

The reason I'm saying this is affecting doujinshi would really hurt the anime fanbase. Not even just parody h-doujinshi, but the entire fanzine culture. Most doujinshi are non-h and innocuous.

[Ithekro]

I wonder how much research went into this idea...or if it was focused on other sorts of copyright infringment (we've only been focused on the anime and manga angle....what about everything else?)

[Dark Wing]

Originally Posted by Ithekro

I wonder how much research went into this idea...or if it was focused on other sorts of copyright infringment (we've only been focused on the anime and manga angle....what about everything else?)

This will also have a HUGE effect on internet journalism. Part of this agreement erases the rights bloggers and writers have to even discuss and use materials from products, shows, or any other commercial item. Just mentioning it's name, showing a picture, or a screenshot could be interpreted as as violating the copyright.

Don't like that review? Shut it down and arrest them.

Don't like that blog post about whatever? Shut them down and arrest them for some random image.

[Ithekro]

Isn't that beyond even the American Copyright laws at present? Or is it just that usually no one really cares to do such things as their is no real profit in doing so. Bloggers and reviewers tend to not have money.

Also the question of Fair Use remains. Especially for parody.

Also is there a market in Japan that does the reverse of the typical anime fansub groups? Groups that sub for Japanese for American or other programming? Or the possible purchase of say cheaper American DVD sets of American shows, rather than waiting for the Japanese dubs of said shows?