ext_11697 ([identity profile] wombat1138.livejournal.com) wrote in [personal profile] wombat1138 2006-05-18 06:56 pm (UTC)

I honestly don't understand what is bad in good translation with all copyrights saved.

Especially since, according to US law, fanfic/doujinshi are illegal copyright violations in the first place, so they *can't* be copyrighted at all, and selling them for profit is extremely legally questionable.

Japanese companies don't seem to worry about doujinshi. However, many Japanese fans object to having their artwork cut and pasted into other people's (usually American fans') webpages without identifying the original artists... but if these were individual fan artists (not doujinka) who were simply posting them online to start with, there was no possibility of making money from their art in the first place, and the other websites' copies probably aren't making any money from them either.

I do think that the key step is keeping the identifications for the original author/artist. If something is based on RK, then Nobuhiro Watsuki deserves some form of credit for creating the characters, artwork, and setting. If something is based on a Yamaguchirow doujinshi, Shinji Yamaguchi deserves credit for creating the artwork/story for that. If something uses lines of dialogue from "Buffy the Vampire Slayer", then Joss Whedon deserves credit for creating the characters/setting and writing those words (unless he wasn't the specific scriptwriter on the episode they came from, but still). It may not always be legally actionable, but it's just good manners.

What I find really, really interesting is that I *think* there's been a recent trend for some fan artists to first post their fan-art online, and then get a contract to re-use the same art in licensed products, such as Amoka (http://amoka.net/)'s artwork for "A Song of Ice and Fire" (his portfolio shows many, many pictures he's made for the ASOAIF-based collectible card game) and yet still keep the original artwork online. (Well, sometimes revised somewhat if the early art is just too embarrassing, but....)

It doesn't work exactly the same way for written fic-- Cassie Claire got a professional publisher's contract based on her work in fandom, but she has to write entirely new material instead of just reprinting her fanfic in an anthology. Or at least so I've heard; I haven't followed her case very closely, though it may not look that way from recent remarks... some of the things I've heard about her, such as the accusations of plagiarism and the attempts to sell t-shirts, seem rather distasteful, but I do not actually care that much either way, since it has nothing to do with me. *self-centered*

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