Basically can you explain how is asking permission from an artist going to protect them if the artists isn't suppose to be drawing derivative works anyway? And technically, aren't people who scan partial pages from magazines and fan logs doing something illegal by posting them online? If Japan has such strict copyright laws, why is no one coming after these people?
Hello, Anon! Thank you for waiting. It had been a very tough journey trying to look up relevant articles, I feel like I’m back in university writing up a dissertation! Ahaha, ha, ha….
Before I begin, a mandatory disclaimer is that I’m only a /paralegal/, and I’m not based in the US, and not what would be defined as a Lawyer (with a capital L). So what I’ve done is compiled articles and tried to explain it in basic English; my words should NOT be construed as legal advice. Please get someone qualified to do that instead.
With that out of the way, I’ll put the full text under the cut; but here’s the headings summary of the areas I’ll touch on, in the context of Japanese-media fandom:
- Basics of law– criminal vs civil law, jurisdiction, and where Japan’s copyright holders fall
- Examples of infringement and actions made by copyrights holders
- “If that’s the case, why are people still drawing fanart? Or make fanwork? Everything seems to be illegal though????”
- The unwritten rule of creating fanworks– and the importance of non-fanworks-creating fans observing the rule
- Answers to anon’s question –the slippery slope of the world of copyright infringement of fanworks