Nihon copyright ??

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Nihon copyright ??

Postby Voidses_ » Thu Oct 11, 2012 7:22 am

What's up with the japanese copyright law?
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Re: Nihon copyright ??

Postby Athena » Thu Oct 11, 2012 8:53 am

What would you like to know specifically? Are you talking about the October 1st change that just kicked in and was passed by our Democratic Party?
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Re: Nihon copyright ??

Postby Voidses_ » Thu Oct 11, 2012 9:52 am

Yep, that's it.
To me it sounds like creating AMVs is now illegal :cry:
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Re: Nihon copyright ??

Postby Athena » Thu Oct 11, 2012 9:58 am

Uhm, no.

It used to be that downloading/possession of copyrighted material was not illegal, only uploading it was. So torrenting was covered previously, because of the swarm. You're uploading as your downloading. However it didn't cover downloads of other types. Nor could you be busted for a harddrive full of copyrighted material if you never uploaded any of it.

As of October 1st, now downloading/possession is as illegal as uploading. However, this does not change the space within which AMVs (well, M@Ds, to be fair, Japanese AMV editors as we understand AMVs are actually fairly rare. People like Piano and Niwatori) supposedly exist. When Taro Aso was still prime minister and the LDP was in power instead of the DPJ, he actually wanted to pass legislation creating a very strongly defined "fan space" for transformative, derivative works. It was probably a political ploy to get the otaku vote (yes, an actual demographic), but the guy is also a well known fan of Rozen Maiden, so perhaps there was some personal interest there as well...

Terribly sad that about all there is to like about the LDP is their stance on fair use. I pretty much like the DPJ policies on everything else... Damn shame.
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Re: Nihon copyright ??

Postby Voidses_ » Thu Oct 11, 2012 6:44 pm

So creating AMVs is ok because it's fair use, but storing the DVDs on the computer is illegal?

I know some DVDs and most CDs doesn't have any encryption, but I guess it's illegal to backup them to the harddrive too?
Maybe I should contact the copyrigth holders and ask, but what are the chances?

:cry:
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Re: Nihon copyright ??

Postby Athena » Thu Oct 11, 2012 7:03 pm

I would not suggest contacting the copyright holders. That could be very dangerous.

Yes, the new legislation makes it illegal to create backup copies, so yes, having the entire DVD ripped to your harddrive would, indeed, be illegal under the now in place Japanese copyright law.

Trying to show that AMVs fall under the Japanese version of fair use, while it is certainly my opinion, will be very difficult, especially since AMVs might not actually be used as evidence of copyright infringement. They might be used, instead to identify potential copyright infringers to investigate, and since we advocate the ripping of source purchased... I have ripped versions of Japanee DVDs and BDs I paid for scattered across my harddrives, I am currently breaking the letter of the Japanese law.

Of course, I think the law is ridiculous, unenforceable, and unethical. I'm also on a shared LAN in my apartment complex. I do not believe our ISP will be able to tell what uploads/downloads come from what specific apartment/machine without pretty much impounding all of the computers across the entire complex.

This is a giant legal clusterfuck, and I don't think there is going to be any change in behavior, and there is no way for Japan to start putting in prison everyone who uses Share or Bittorrent. The consequences would be to deplete an already badly depleted work force...
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Re: Nihon copyright ??

Postby Voidses_ » Thu Oct 11, 2012 8:09 pm

Cräp! Then it is as I feared. No more AMV for me in the near future. Wouldn't want to be banned from the country because of that.

Thank you for clarifying!
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Re: Nihon copyright ??

Postby Athena » Thu Oct 11, 2012 8:52 pm

You realise I live here, right?
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Re: Nihon copyright ??

Postby Voidses_ » Fri Oct 12, 2012 6:13 am

^Yes, me do :awesome:
But I don't know your status of residence.
If a foreigner staying on a student visa comitt a crime, they(Japan) will probably send that person home and most likely also ban him from entering the country in the future :!: Just saying.
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Re: Nihon copyright ??

Postby Athena » Fri Oct 12, 2012 7:09 am

Yes, they will, but I don't think that this is actually going to be enforced. Or at least not well enforced. As of right now, there is no system in place to even catch people. I don't know how they're going to manage it. The RIAJ is demanding the ISPs spy on their users, but that's not written into the law, and the ISPs don't seem to interested in doing so. In other words, you'd have to get caught red handed by some Japanese omawarisan who just happened to be walking through your apartment.

This isn't worth the paper they wrote the bill on.
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Re: Nihon copyright ??

Postby Voidses_ » Fri Oct 12, 2012 6:11 pm

Yeah I know, but it's not worth risking. It's not like AMV is my only hobby. I'll just do something else even though I will miss it a little bit.

:dino:
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Re: Nihon copyright ??

Postby Otohiko » Fri Oct 12, 2012 6:36 pm

It is also not worth leaving your house because a brick might fall on your head.
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Re: Nihon copyright ??

Postby Voidses_ » Fri Oct 12, 2012 7:14 pm

Otohiko wrote:It is also not worth leaving your house because a brick might fall on your head.

I know, that's why I started to make AMVs in the first place.
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Re: Nihon copyright ??

Postby Athena » Fri Oct 12, 2012 7:44 pm

Why are you worried about being arrested and banned from the country when you are in Scandanavia, or are you here on a student visa?

I have long-term residency (but not permanent residency, yet). Also, if you have PR, and you get convicted of a criminal offense, you do not get deported or banned from the country. That's one of the benefits of PR. The downside is... you go to jail. With many criminal offenses in Japan, unless they are particularly violent, a non-citizen can get deported and banned, but won't spend time in a Japanese prison outside of the initial pick up, trial, and deportation centre. That said, none of those places are very pleasant...
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Re: Nihon copyright ??

Postby Voidses_ » Fri Oct 12, 2012 8:06 pm

I forgot to mention I'm in Japan as a student didn't I? :sweat:
Back home it's not criminal to backup your media and creating AMVs would fall under "fair use".

Instead I'll spend my time creating that shmup I'v been meaning to do for a while now.

But today I'll visit Shinjuku and Akihabara to buy some electronics and perhaps some otaku-goods.
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