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File:1678733568865725.jpg (588.27 KB,1879x2294)

 No.147935

I don't understand how the japanese copyright system works. It simultenously appears as hyper retrictive when it comes to patents and modifications, same with copyrighted characters. But at the same time there's a big doujin/independent scene where people can create works out of copyrighted works. See Touhou for example. I know ZUN gave his consent to fan projects but I wonder if that's an exception rather than the rule. Some japanese laws seem draconian to me.

 No.147937

File:69149552_p0.png (1.22 MB,1060x1060)

Who is that furless creature?

 No.147939

>>147937
Now I need to see a furry fumo

 No.147941

File:patchouli listens to hip h….png (1.65 MB,666x1000)

>>147937
Patch-E, the hardest G in Gensokyo.

 No.147944

File:[Erai-raws] Ninja to Koros….jpg (279.81 KB,1920x1080)

I think it's probably lagging behind the digital age, as those laws are seemingly everywhere with the dinosaur politicians. From what I've heard doujin stuff was forgiven because there's a physical location where a few hundred/thousand people trade stuff and then it disappears into their homes. Sure, you sold a book depicting a character doing all sorts of deviant sexual stuff to a different character, but unless you were in the Tokyo Penis Fest 1987 you'd have no idea it existed.
But in the age of scans... yeah, it's certainly a lot different. ZUN certainly seems fine with putting the Touhou name on a whole bunch of fan works lately, but he has kids now so it makes sense.

 No.147946

the doujin scene has a number of informal restrictions that form the basis of a pact between the copyright holders and the fans, like keeping your profits margins low
japs recognize that an active fan culture attracts a larger userbase, serves to train artists' skills, and helps keep tabs on what's popular and what isn't, it's a win-win scenario and if everyone plays nice there's no reason to go after anyone
but if, say, a large game company has its fans making modifications to its games, facilitating piracy, or creating imitations... now that's a rival, isn't it? an issue to be dealt with
btw i have zero sources for this so just trust me dude
>>147944
you can actually buy digital doujinshi online, i just went to dlsite and immediately came across this dragon ball doujin:
https://www.dlsite.com/maniax/work/=/product_id/RJ01334181.html
it even lists JPEG as its format

 No.147948

It is draconian as hell. It's just that copyright infringement in Japan is a 親告罪 (I don't remember what the English term for this is, but basically it's a type of crime that can only be prosecuted if the party whose rights have been infringed decides to pursue legal action) and so there's a grey zone there consisting of things that could be prosecuted, but in practice are tolerated for cultural reasons. This includes doujin works and other types of secondary content, but also things like manga cafes, and I think used bookstores too.

Technically if Cygames wanted to go after you for drawing horsegirl porn, they do have legal footing to do so. "Don't draw horsegirl porn" is not really a "please don't do this because it makes us sad" type of request, but more of a "if you ignore this warning don't be surprised if you get in trouble" thing. There is actually an infamous case of a Pokemon doujinshi leading to the artist's arrest.

Likewise I assume if Kodansha or Shueisha or some other publisher wanted to crack down on manga cafes the law would allow them to do so.

 No.147949

File:1411213114905.jpg (217.88 KB,400x533)

It's mostly a cultural thing over there. Copyright holders are fully within their rights to go after doujin works, they just choose not to because doing that looks bad and they'd lose a lot of good will if they did.
Part of the reason for this is because a lot of artists started off by doing doujin stuff and it would be hypocritical to stop new artists from doing the same.

 No.147959

>>147948
>but in practice are tolerated for cultural reasons
Does this stem from an old law or something? I've heard from a guy who did a research project that the reason video game tournaments in Japan used to not offer cash prizes was because they fell under the umbrella of an old anti-gambling law that was enacted in the 70's, I think, to counter crime groups.

 No.147967

>>147959
I couldn't really tell you. I was mostly thinking of e.g. the community-fostering effect that secondary works have. Also like >>147949 points out, the doujin community is often a stepping stone for artists. It would make the IP holders look terrible.

>anti-gambling law
This one's also full of loopholes (lol pachinko), but I don't want to derail the thread. Generally speaking the Japanese are masters at bullshitting their way through things using technicalities and vague wording, see also: anti-prostitution legislation.

 No.147972

>>147948
>This includes doujin works and other types of secondary content, but also things like manga cafes, and I think used bookstores too.
Surely Japan has a concept of "first sale doctrine", like the United States. Otherwise libraries themselves would be illegal... No?

 No.147985

how do the Japanese treat fan made animations on YouTube (not counting Touhou, I already know there's a lot of those), monetized or not?

 No.147987

>>147972
I did a quick search and found this page https://libraryexpert.net/howto/whatcopyright/ which claims that since libraries do not operate for profit, they don't violate the copyright holder's exclusive rights on lending.




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