Chapter 220 Question: Doujin, Plagiarism, Piracy, Are These Natures the Same?
The half-old man's name is Ronji Kameyama.
The original creator of "The Cat's Chino's Journey".
He was also a Japanese writer who wrote in the same batch as Daisuke Torakura.
"I can testify for this young man!"
Kameyama Rōji stood on the witness seat, glanced at Toshiya Tadosho on the side, and said loudly.
"Although there are indeed a lot of references to me in what he wrote, I don't care about it, on the contrary, I feel very happy, because I didn't expect that there would be people who could read the books I wrote so long ago, and that some people like me still remember such old antiques, which is my greatest honor as a literary creator!"
"That's right, in fact, I've always looked at the books I wrote as if they were the same people who wrote about Kameyama's predecessors! Moreover, there are a lot of original things in the books I wrote, and I am paying tribute! ”
Toshiya Tadosho also hurriedly added on the side.
Kameyama Langji nodded: "Yes, I am very happy that someone wrote my book!" And it's an honor! ”
Here, as soon as the defendant Daisuke Torakura heard what the witness said, he immediately became anxious.
"Even if it's writing a fan, how can it be said that it's not an infringement? Both of these are essentially the same! ”
However, the judge glanced at him and struck a hammer.
"The Witness's statement is reasonable! Although the witness's work is created by the same person, but with the consent of the original creator, it is authorized, and his work also has a secondary creation part, which should have its own copyright and is not an infringement! ”
As soon as the court's verdict came out, the audience was in an uproar.
In the field of literary creation, plagiarism is a very sensitive matter.
Generally speaking, as long as it is written, they hate others copying their own books.
After all, it was the result of his own hard work, and he was plagiarized by others like this, who can bear it?
However, both witnesses said that it was not a copy, but a fan-creation.
Then the nature of this is different.
Although the same people and copying books, they are essentially infringing on the copyright of the original creator.
However, the so-called copyright infringement is not a generalization.
Copyright infringement is generally as follows.
Publishing a work without the permission of the copyright owner;
Those who did not participate in the creation of the creation, but signed the works of others in order to seek personal fame and fortune;
Pirating other people's works and selling them through other means;
distorting or tampering with the works of others;
plagiarizing the work of others;
and so on.
Among them, doujin belongs to "distorting and tampering" with other people's works.
Plagiarism is the "plagiarism" of someone else's work.
In Japan, although copyright is strictly regulated, the attitude of the original creators towards the two is completely different.
Few of the original creators struggle with whether the same person is infringing.
In Japan, where ACG culture (anime, manga, and games) is thriving, there are often large-scale exhibitions where secondary creators are allowed to sell doujinshi.
But plagiarism is different, if you dare to copy, that is plagiarism.
The concept of Japanese literary creators has almost zero tolerance for "plagiarism", so they are waiting for lawsuits.
In the auditorium.
After hearing the judge's verdict, our Fei Lan frowned slightly, feeling a little incredible.
"Isn't the judge a little too biased in this judgment?"
Although her personality is a bit silly and sweet, Fei Lan also has the carefulness unique to girls.
She noticed that in the judge's verdict line, it said "Doujin also has its own copyright".
Meaning, this thing is still legitimate?
As a newcomer who has just entered the law for a while, Fei Lan is a little incomprehensible to this article.
Aren't doujin infringing? How did it become legal?
"Could it be that fanworks are still protected by law?"
"Well, the court does have a certain favoritism."
Xiao Ai nodded.
After thinking about it, she shook her head again.
"However, the judge is actually right in this judgment, and fanworks are indeed protected by law."
"Huh?" Fei Lan blinked, "Why?" ”
"Because,In fact, in Japanese law, it is also recognized.,Recognize the same people as having 'originality of secondary creation'."
Xiao Ai explained little by little.
"Even if you quote other people's worldviews, character designs, and plots, you have infringed the copyright of the original creator in this regard. However, your own fanworks have their own settings and plots they create, so this part belongs to your originality and also enjoys your own copyright. ”
There was a pause.
"Whether or not the copyright of the original work is infringed does not conflict with whether the original part of the work enjoys copyright."
Previously, there was a case of classic copyright law in Japan.
A female author of the same comics who especially likes to knock BL (male and male),I usually like to write for "Yuri on Ice", "Free! Men's Swimming Club", "Sword Flurry" and other animation creation fan.
One day, she found out that a pirate website had published her fancomics without her permission, and she was so angry that she took the site to court, claiming that it had infringed her copyright.
This pirate site finds it ridiculous.
The comics you drew yourself have infringed on the copyright of the original work, and you came to sue me instead, do you have this qualification?
As a result, the pirate site's claims in court claimed:
The plaintiff's fanworks are infringing without the authorization of the original work. In addition, the content of the plaintiff's fanfiction is a scene that cannot be described and shameful, which violates public order and good customs, and maliciously discredits the original work, so it should not be given legal protection. If the court upholds the plaintiff's claim, it will not only condone this infringement of the copyright of the original work, but also support the dissemination of the large-scale work and encourage the sale of infringing works.
As a result, how did the court decide?
The court simply did not agree with the claim of the pirated website.
The reason is:The comics drawn by the same author,There is a secondary original part of its own.,This original part will be protected by copyright law.。
The infringement of pirated websites is "piracy".
The essence of the two is not the same.
Besides, if you publish someone else's fanwork without the permission of the same author, does it have anything to do with whether the other author infringes on the copyright of the original creator?
Nope.
You are piracy, others are tampering.
If you "pirate" someone else's "tampering" with the secondary originality, then you are also breaking the law, and you are infringing the copyright of the same author.
In the end, the court ruled that the pirated website should compensate the author for about 2.2 million yen in damages.
Xiao Ai told Feilan about this case and popularized the law for this newcomer.
"I see."
After listening, Fei Lan understood, nodded, and felt that her posture had risen a lot.
"How do you know so much?" Fei Lan looked at Xiao Ai and asked curiously.
"Oh, my brother taught me!"
Xiao Ai stuck out her tongue and used her betrayal trick again.
"Well, you're kind of like my Conan."
Fei Lan sighed.
"He, like you, understands so many things at this age, just like a little adult."
(End of chapter)