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Originally Posted by AuraTwilight
There are loopholes in those laws. Very easy ones. >:3
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Quote:
Originally Posted by Triple_R
I vaguely recall reading somewhere that Japan has relatively lax copyright laws (which is what enables fans to write and sell doujins based around established anime/manga characters).
Take "Jinna Asumi", alter her name slightly, and maybe slightly alter her character design (put something in her hair, say), and SHAFT could be good to go...
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Sorry, I didn't mean to imply it was about laws. The issue of Japan's doujinshi market and the overlooking of fans profiting by making parody material is different from the idea of originate companies taking fan material and incorporating them into the
official commercial product. Like Jimmy C suggested, the issue is with the
fan placing limitations on use or accusing the company of infringement.
Do you guys really not see the problem with a company, say, taking a fan's independently published idea, modifying it slightly and adopting it into the source material, subsequently making gigantic wads of cash off of the concept without the original fan ever seeing a penny of it? Alternatively, say that to avoid copyright infringement, the company strikes up a deal with the original creator. However, in the very act of attempting to strike up that deal the company is acknowledging that the idea has value, which gives the fan/original creator a bargaining position. The fan, for their own part might have their own demands such as a cut of the profits or artistic control/certain creative limitations over the use of the character. All of this provides a disincentive for the company compared to the use of its own ideas generated within the company (the concepts being completely owned by them, i.e. the company receives all the profits plus they have full creative control over it).
It's basically a question of the fan/original creator's rights versus the profit-driven mentality of a corporation. Copyright laws are oriented towards protecting/aiding the original creators (which is correct, as should be obvious). However, it's precisely because of that factor that it is far simpler/profitable and sustainable
by far for a company which is oriented towards generating content internally based on its own ideas to stick to material which it has generated and negotiated according to its established standards internally.