[Freddy]

So how does this work?

If I were to (I'm not gonna) create a doujin based on Neon Genesis Evangelion for example, would it be legal to sell it, and if so, how would you prevent some NGE lawyer from bankrupting you?

This is purely out of interest

[Ari]

Hmmz... you probably wouldn't get in a lawsuit over fan doujinshi. In Japan they make them like crazy, I think it's viewed more as a tribute and as respect. If you look on Ebay or something, people even sell fan doujinshi there, no troubles.

I reckon we ask Dave "copyrightmeister" (don't know his last name) though... ^_^

[Freddy]

Hey cool!

Maybe thats worth thinking about, then I don't have to bother inventing my own characters lol . ^_^


(I'm joking)

[Ari]

Ah, you may jest but some people are unscrupulous like that ^_^

lol no not really, fan doujinshi is finel. We even have one in our catalogue ^_^

[Banzai]

Hi guys! Thought I'd gate crash this thread. Right, the infortant thing about using someone else's characters for a dojinshi, on a t-shirt, etc is that its NOT FOR PROFIT - although its reasonable to cover production costs. In your case Freddy, in your EVA dojinshi you should have (somewhere) a credit to the effect that all characters, mecha, etc are copyright Gainax and that situations are fictious and are the result of a diseased brain or somethingÉ state that it is not for profit and you'll be fine.
The possiblity of anyone from Gainax finding a dojinshi made in the UK depicting their creations and you getting a call from their laywers is virtually no-existant - I've seen things in some of the homegrown nihon dojinshi that would turn your hair white and these guys don't even get sneezed at by Gainax. So go ahead, but cover ya ass with a small 'copyright'/'ownership' type bit anyway just incase the obsessive fanboys start crying about itÉ
Hope this helps!

Dave 'Banzai' Kirwin
www.chromeriot.co.uk inna fanservice kinda way.

[Freddy]

Thats so cool!

Maybe I could do a doujin while I'm waiting for *real* ideas of my own

[Ari]

w000, resident copyrightmeiser strikes again!

[loki-kun]

at animeconuk 2001 i bought the last ever copy of the "lovely girl " dojinshi ^_^

[Dejiko]

I'm by no means a legal expert, but I DO know that the Comiket organization pays a royalty to Gainax to cover somewhat for all the dojins that get sold, bearing their work.

In Japan, dojinshi are not being eyed that much by publishers because many new talents emerge from the huge pool of dojinshika. Therefore, it is in the publisher's best interest not to obstruct the dojinshi culture

I'm not sure if western copyright holders are that forgiving though!

[Dejiko]

Okay, another question: what if I were to use chara from Final Fantasy for a dojinshi? I get the feeling that software companies are more uptight about enforicng their copyrights because of the massive piracy that still occurs. Think I'd get into trouble with the UK or Geman branch of Square? (Square-Enix, after the upcoming merger).

I'm considering such a project because it could really help to expose videogame buying folk to manga. There's lots of gamers in The Netherlands, but too little readers of manga (and too little manga, for that matter ).

[Ari]

Hmmm... you're right, a european branch of a games company would clearly be more anal about such things. It all depends on how you do it I'd guess (I. E. if they ever catch wind of it or not ^_^)

I can't imagine them clamping down on a smallscale zine by a fan, for fans... they lose nothing. It's if you start to make money, and look professional about it they would get pissed.

[Freddy]

Memories come back of a Monkey Island board I used to frequent. There was a group of people going about creating freeware games based on the series, and Lucas Arts went on a clampdown and shut a whole bunch of them down. I reckon you should tread carefully, Dejiko, but I reckon it'll be ok ^_^

[Dejiko]

I found something regarding the general subject of the thread on the Q&A page of www.studioproteus.com

Copyright Infringement re: Dojinshi
I'm a little foggy on the whole dojinshi thing, so maybe you can help me here. In Japan, people write stories around their favorite characters and sell them without penalty or ticking off the artists, Right? Do those same rules apply here in the U.S.? Do copyrights come into play here or there? Do the people get permission to publish these books?

Here's my point: at a recent Midwestern anime con, I saw someone selling a very off-color "dojinshi" of the Dirty Pair. I think that if Takachiho ever wanted Kei and Yuri depicted in hard core sex scenes he would have done so himself. Nowhere in the book did it state that permission was granted. It is noted in the cover that this is a parody, but proper names and faces are used throughout. Is this guy in violation of anything beyond bad taste?

In speaking with him he stated that approximately 500 copies had been sold and he has plans to sell on e-bay. I have some information on him and a copy of the book, (signed by him) as "evidence" if you should need it. Toren, I heard somewhere that you have some of the rights to the anime DP. Am I on to something here? I can send you the book if you need it. It's cover and art are so close, someone who didn't know better could mistake it for "real" work.

On a more pleasant note, you guys do a great job over there and I eagerly await my books each month; my favorites being GSC, DP, OMG, and You're Under Arrest.

BTW, was the Riding Bean manga ever translated and released in the U.S.? If not, I feel it would be a sure winner--look at GSC. 'Nuff said.

--J.V.
Tue, Jul 6, 1999
cammed@mail.com

---

Well, people have been sued and even arrested in Japan for doing dojinshi, despite the generally lax enforcement of the copyright rules there. Here we have more of a problem, as we must defend our copyright or risk losing it.

Generally, a one-shot, in however poor taste, is defensible as a "parody." Twice is infringement and actionable. We keep a close eye on things and have sent out a few lettters. So far, everyone has stopped, which is good, because going to court sucks.

Regarding the Riding Bean manga, the one time I mentioned it to Sonoda, he showed a remarkable lack of enthusiasm for the idea, so I haven't brought it up again. I think he's not too pleased with the artwork.

--Toren

---------------------

Sounds like doing it just once is considered okay, so we should be fine

[English XTC]

Ok, heres another copyright question..

Say a created a character unlike anything thats out now, started writing manga for this character and got it printed in a fanzine, how would i take out a copyright to stop some dastardly person copying my work and taking the credit?
Would i even have to worry about it?

Just curious, i've hardly come up with anything lately (or ever)

[Buuu]

I'm not sure, but I think in the UK anything published is copyright. That includes the internet too. So the answer is, just make the manga ^_^ (this is where 'ashcan' comics came from apparently; as promo things just to copyright characters.) As long as you can prove it's yours, you're fine. The most typical method of this is mailing a copy to yourself, but you have to make sure it's postmarked over the seal.

Or you could send the manga off to wherever handles copyright (I dunno) but that would cost you money.

Either way, you still have to pay the legal costs to sue someone when they steal your stuff ^^;; Buying a copyright can't help you with this any more than not buying one.

[DLG]

Originally posted by Pookie
I'm not sure, but I think in the UK anything published is copyright. That includes the internet too. So the answer is, just make the manga ^_^ (this is where 'ashcan' comics came from apparently; as promo things just to copyright characters.) As long as you can prove it's yours, you're fine. The most typical method of this is mailing a copy to yourself, but you have to make sure it's postmarked over the seal.

Yes, mailing a copy to yourself is good policy, but it's not officially "required". For more information about copyright, see the Patents Office page on the subject:-

http://www.patent.gov.uk/copy/

Or you could send the manga off to wherever handles copyright (I dunno) but that would cost you money.

That's the American copyright system. That's different

Either way, you still have to pay the legal costs to sue someone when they steal your stuff ^^;; Buying a copyright can't help you with this any more than not buying one.

You don't buy a copyright (in the UK), but yes, copyright enforcement actions are VERY expensive (for both sides). The only people who profit are the lawyers

[DLG]

Re: the 'once-only' rule for parodies:

This rule, if it exists, certainly isn't enforced in Japan. Johji Manabe (Caravan Kidd, Outlanders, Drakuun) has produced no fewer than four Dirty Pair hentai doujinshi, and I don't believe he's been sued yet ^_^;

Re: Toren Smith issuing cease & desists:

Sigh. That's what happens when you run a company in the most litigious society on Earth Can't we all just get along?

Guess that explains why Studio APK disappeared. Damn. They produced some nice stuff in their time...

[Buuu]

Originally posted by DLG
That's the American copyright system. That's different

Ah well XD I wasn't sure. (Damn people giving me misleading information).

[DLG]

There's an article about doujinshi & copyrights by Lawrence Lessig (professor of Law at Stanford) here:-

http://www.redherring.com/insider/20...ats011003.html

In Prof. Lessig's opinion, the relaxed attitude of Japanese publishers to copyright is generally a *good* thing, and the West would do well to learn by it

Throws an interesting slant on the issue of copyright in Japan.
But could the differences be more cultural than legal? In some cases it has been that some copyright infringments have been purely for the benefit of profit with no interest in promoting the actual material, rife particually in the west.