The “grey zone” into which dojinshi fall may soon disappear, which full legal recognition of the right to fair use, if a new government initiative to reform copyright law reaches fruition. The reform is still under formation, but could very well see the light of day.
The current Japanese Copyright Law is harsh and unyielding in its application, with little flexibility for cases like fair use; the existence of dojinshi relies on an unspoken agreement between copyright holders and fans, under which the copyright holder does not take any action, as dojinshi are generally thought to have a positive influence on sales, but this could soon be replaced by an explicit doctrine of “fair use” which would allow these kind of exemptions:
Whether the use of literary works is intended for commercial benefits
Whether the use of literary works influences the market of those works
Non-commercial “parody” dojinshi clearly fit right in here.
This is all part of the PM led government Intellectual Property Strategy Headquarters scheme, the “Intellectual Property Promotion Plan 2008”. The scheme is more concerned with luring IT companies to Japan’s shores and allowing domestic businesses to spring up than ensuring the rights of dojinshi authors, since it will grant a range of legal benefits to search engines and the like.
A heartening development should it get through (and not just because of the dojinshi effect), which seems quite possible given that it will have the full support of IT businesses and simply represents a formalisation of the existing status quo rather than any real disturbance to the copyright lobby.
Asahi has an English report on the law.
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Hypnos F*** Absolutely Mesmerizing
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Shingeki no Kyojin PV More Colossal Than Ever
Dead or Alive Xtreme 3 “Owner’s Mode” = “SJW Bait”
Musaigen no Phantom World Relentlessly Cute
Dragon Quest Stage Event Highly Promising
Project X Zone 2 Trailer Hits Hard
Kagura Ero-Figure Extremely Tentacular
Monmusu BD “Bigger With Every Release!”
MLP Futanari: “Bronies Weirder Than Ever…”
Blade & Soul Launch Unexpectedly Voluptuous
Nisemonogatari Pachinko Machine Unveiled
Lax Lady Venera Figure
Saijaku Muhai no Bahamut Ceaselessly Naughty
“Abusive” Breast-Groping Fundraiser Molested by Petition
Hanayo Koizumi’s Birthday Highly Revered
Toyota Prius CM Goes Full KanColle Mode
Usamimi Anette-san Micro-Bikini Figure
Busty Hotaru Cosplay Delightfully Delectable
Adorable Ati Cosplay by Kaieda Kai Kemonomimi Chaos
Momo Velia Deviluke Cosplay Bursting With Bridal Beauty
Skimpy Sonico Cosplay Barely Contained
Kumiko & Reina Cosplay Hardly Blows At All
Skimpy Elf Bikini Cosplay by Saku Supremely Sexy
Gothic Lolita Hatsune Miku Cosplay Busts Out
Delectable Dizzy Cosplay by Lechat
Dark Elf Cosplay by Non Very Dark Indeed
Titillating Tamako Cosplay Perfectly Pink
Date:May 28, 2008
How long does it take for a bill to be passed in Japan O.o?
wow O_O
I have no idea if this is a good thing or a bad thing....
I'm curious if this law has passed.
hummm