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Forum - View topicNEWS: Funimation Issues Statement on Fan Art & Trademark Rights
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PonSquared
 Posts: 246 Location: Lost in the Catskills |
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So draw whatever but leave off the logos names etc and don't sell it. Everyone happy?
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Aquamine-Amarine
Posts: 276 |
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I always hated how people treated fanart so negatively... even the most popular mangaka drew fanart of their favorite series. All artists do it.
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KidOblivion
Posts: 179 |
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People are going to wrongly blame FUNi for this, as they always do. It sucks though. Just bought a cool Tokyo Ghoul wall scroll too.
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BodaciousSpacePirate
 Subscriber Posts: 3017 |
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The legal difference between copyrights and trademarks causes a lot of headaches for small-to-medium sized US companies. They have to devote a portion of their resources towards making sure they don't lose their trademarks, and when they do, a vocal portion of their fanbases (who usually know very little about US intellectual property law) vilify them for doing what US law requires them to do in order to keep their trademarks. Long story short, it's sad that Funimation had to issue a statement delineating the things they have to do to keep their business running. Last edited by BodaciousSpacePirate on Wed Jul 01, 2015 9:04 pm; edited 1 time in total |
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overlordrae
 Posts: 90 |
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So pretty much logos and probably some in-anime symbols are a no-go.
I'm glad they clarified their position on fanart. I tend to err on the side of respecting the IP owner's wishes, but it's really hard when positions are unclear. |
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Mr. Oshawott
 Posts: 6773 |
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I think the summation of all this is that as long as Funimation's logo isn't used on any fan artworks of any anime shows, the derivatives are safe from legal enforcement. I don't see any problem with this...
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AnimeMuyou
 Posts: 5 |
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Copyright/Trademark/Patent laws seriously need overhauling. I don't have the time (nor the expertise, really) to go into the specifics, but keep in mind that these concepts/laws were created for a time long gone. Too many things have changed in society and technology for the US and the world to continue using the existing copyright/trademark/patent laws as-is.
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IdeaOfEvil
Posts: 52 |
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I don't get it. So, in the US comic book business, all companies (and mostly Marvel and D.C. - the big two) allow all artists to draw any their characters without worry of copyright or trademark infringement for personal gain (convention sketches, private commissions, etc).
Is this article saying that in the US anime business, companies like Funi won't allow artists to draw pin-ups or busts or head shots of characters for fans? Even if it's just a random pose and a blank piece of paper? |
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dragonrider_cody
Posts: 2541 |
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It's not quite that simple. For instance, if you do a fan art of a character that is clearly from Dragon Ball or FMA, for instance, it would be considered as infringing upon their trademark, especially if you charge for it or publicly display it. Now you could do a drawing and give it to a friend for free, but you wouldn't be able to sell it for a profit. You would also have some leeway with doing artwork that is inspired by a series, but doesn't specifically mimic it. However, if the similarities are too close, you could still find yourself in legal trouble. This is why you can't just take an image from a video game or anime and request a bakery put it on your cake, as they would be violating a trademark, and potentially violating a copyright. As for the difference between Marvel and DC, and Funimation, the biggest distinction is that Funimation doesn't own copyrights on the majority of it's characters. Marvel/Disney doesn't have to worry about defending the likeness of Spiderman, because regardless of whay they do, they will still own the copyright. They can chose to enforce it, or let some things slide. When you just have a trademark, if you fail to enforce, it can be invalidated and you can lose all claims to it. |
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mangamuscle
Posts: 2658 Location: Mexico |
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This sounds to me like as part of the deal to stream a new (probably yet to announce) series this summer, Funi had to accept they will enforce the trademark of said series. Tough luck because this means they will have to pay lawyers money to send cease and desist letters (like Disney is famous of doing) in the USA (doubt very much they will be on the lookout for the rest of north america).
If my hunch is correct nobody will remember about this in a year time. |
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infamoustakai
 Posts: 323 |
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I feel like the artists can claim fair use under parody against this. I know fair use can be vague, but isn't this exactly what it was created for?
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BodaciousSpacePirate
Subscriber Posts: 3017 |
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Trademark = the part of the image that identifies the source or origin of a product. i.e. = the name "Fullmetal Alchemist" indicates that a particular DVD was produced as part of the "Fullmetal Alchemist" brand, as opposed to some other entertainment brand containing a guy with a metal arm who can use magic. It's a separate concept from what you're talking about here. If I opened up a restaurant and started selling hamburgers, I wouldn't be violating McDonalds' IP. If I put a big yellow "M" above my restaurant, McDonalds could claim that I am illegally benefiting from the brand that they have cultivated, which includes the big "M" logo as an indication that that building provides its consumer with "the McDonalds experience". In fact, if McDonalds DOESN'T ask me to take my sign down, the US government could take away their right to claim the big yellow "M" as their company's exclusive logo. |
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Scytalle
 SubscriberPosts: 53 |
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Make sure you read the full release before jumping to conclusions. Here is the important sentence:
Makes sense. Basically, fan art of Saber and Rin from Fate/Stay Night is totally ok, but if you throw the Fate/Stay Night logo or name in the background or in the corner, you could now be in trouble. Not really that big of deal imo. |
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SilverTalon01
Posts: 2403 |
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I'm not even sure if they're saying you can't sell it. Aren't dealer's rooms at a convention for licensed merchandise and the 'artist alley' is where you would buy fan art? If you're seeing it in the dealer's room, then it is almost certainly either legit or ripped from something that was legit. |
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mangamuscle
Posts: 2658 Location: Mexico |
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I remember a documentary (don't remember the name) where many years ago someone did some porno drawings of mickey mouse and minnie, disney sued and he lost .... because he didn't want to change the names of said characters, he would have won if he had just changed their names. Since there is no fair use in japan (from where I said in my prior post this idea came from), I think this has the potential of backfiring for Funi, someone mildly famous (with some knowledge of law) can upload some drawings, wait for Funi to bite the hook, take them to court and win. |
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