Major Campaign Against TPP's Unbalanced Copyright Rules Launched In Japan
from the otaku-culture-at-risk dept
As TPP allegedly draws near to completion — although the participants have been saying this for a long time now — a new sense of urgency is beginning to spread among those worried by the adverse impact it is likely to have on many aspects of everyday life. This has led to an important declaration in Japan by a group of organizations particularly concerned about TPP’s copyright provisions, notably plans to raise the term of copyright to life plus 70 years. As Maira Sutton reports for the EFF:
Representatives of the Japanese digital rights organizations, MIAU, Creative Commons Japan, and thinkC, presented a joint statement endorsed by 63 organizations and businesses that describes the threats that the TPP’s copyright provisions would pose to Japan’s culture. The event was also streamed online, where over 15,000 users tuned in to watch.
Specific features of Japan’s culture are at risk from TPP:
In addition to opposing lengthy copyright terms, the anime and fan-art community are also concerned about the TPP’s criminal enforcement provisions. There is a particular section that says that “competent authorities may act upon their own initiative to initiate a legal action without the need for a formal complaint” by the copyright holder. The fear is that this would lead to a major crackdown on derivative works, including written or drawn fan fiction, recorded music covers of songs, or cosplayers, who may upload photos of themselves dressed as characters. These are all elements of Japan’s thriving “otaku” culture, which has spread around the world and brought in millions of dollars for Japanese creators.
As Sutton points out, both the copyright extension and the “non-complaint” provisions failed to pass in Japan because they were so controversial. The growing realization that TPP will force them on the country anyway may provide the wake-up call needed for more people in Japan to start resisting TPP’s unjustified strengthening of already-unbalanced intellectual monopolies.
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Comments on “Major Campaign Against TPP's Unbalanced Copyright Rules Launched In Japan”
Yahoo I say.
Now we just need to get everyone else on the same page…
'Trade' agreements in a nutshell
As Sutton points out, both the copyright extension and the “non-complaint” provisions failed to pass in Japan because they were so controversial. The growing realization that TPP will force them on the country anyway may provide the wake-up call needed for more people in Japan to start resisting TPP’s unjustified strengthening of already-unbalanced intellectual monopolies.
Can’t get a terrible new law, or change to a current law through the system due to public outcry and opposition? Not a problem, just stick it in a ‘trade’ agreement, and then act surprised when you’re ‘forced’ to ‘meet your international obligations’ by cramming through the new laws and changes anyway.
For bonus points, make sure to promise that nothing in the ‘trade’ agreements will force the government to change any laws, despite the fact that even 5-minutes of research will show such claims to be a lie. Act surprised and indignant if anyone calls you out on this, and continue to repeat the lie as though nothing has been said on the matter.
It’s an obvious hissy fit towards the more lenient attitude to derivative works found in Japan. Copyright advocates are terrified this idea will spread further, especially how there are ties between Western and Japanese cultures via anime/manga and video games. But it already has. DeviantArt and Tumblr being two immediate examples I can think of.
The claim is “If we get to a situation where the vast majority of artists are lenient about derivatives, that small minority of artists who are NOT okay with it will have no de facto rights whatsoever! But we think they should! Therefore we HAVE to stop this idea of leniency from becoming mainstream! Otherwise we’ll arrive at this situation where the default attitude is ‘take without permission’ even although that’s not true for EVERY artist. As long as there’s a 1% who disagree, we must protect them!”
But even within the prism of copyright’s philosophy this doesn’t make any sense. The whole point about copyright is that if the original artist gives permission, he should be entitled to do that. However, what we are seeing is a provision that is directly HOSTILE to this, not supportive of it – directly contrary to copyright property philosophy.
In short, fools are pissed off that the copyright laws they support have boomeranged against them. Artists like it or not DO have to compete with free but not via piracy. Rather, they have to compete against those artists who willingly work for free.
I first noticed this resentment when I watched this video by Harlan Ellison:
https://www.youtube.com/watch?v=mj5IV23g-fE
Though the video is a great rant for the moral right of an artist to get paid for work, which should be a right regardless of your views on copyright, the most revealing line of all was the following:
“THOSE guys might be assholes! But I’M not!” – in relation to willing free-workers.
The line “how dare you imply I work for free?!” can only be met with the line “on what grounds can you say that I should NOT?” For one thing this logic makes the concept of charity to be frowned upon. An argument could be made that creators of all sorts should stand united in asking for payment so that their partners in the trade can earn a living in turn, even if it means giving away the money AFTER asking for it from a publisher, in order to at least set a precedent. This I am actually inclined to agree. Though, the subtle anger directed at those artists who drag the competing price down to zero needs to be treated with suspicion, especially when it comes to this international treaty. It is flat out wrong (and stupid) to FORCE an artist to ask for payment.
It could also be argued that Ron Paul’s hysteria towards the open source software movement is also part of the paranoia towards the charitable, pro bono creator.
So I say resist it at all costs in the legal setting. And above all point out the blatant contradiction in the copyright advocate’s principles of allowing an artist to choose what happens with his/her own work.
Re: Re:
This is, as I’ve said before, because copyright is less like a continuum and more like a Mobius strip.
"cosplayers, who may upload photos of themselves dressed as characters"
Not that I’m for TPP, but the loss of images of drooling idiots is small price to pay for the manifold good of copyright bringing an income for creating — the cosplayers are obviously secondary: those who create the characters should have their stuff protected.
Re: "cosplayers, who may upload photos of themselves dressed as characters"
Why would an artists use copyright to drive the most ardent fans away?.
Re: "cosplayers, who may upload photos of themselves dressed as characters"
Copyright doesn’t “bring an income for creating”. Selling the creations does.
Re: Re:
out_of_the_blue not supporting TPP? Hahaha, who the hell do you think you’re trying to kid?
Re: "cosplayers, who may upload photos of themselves dressed as characters"
Actually, the more people cosplay your stuff is a sure sign your stuff sells. Remove that and any manga/anime creator might hang themselves from a tree.
Best examples in the past were Sword Art Online and Attack on Titan.
Re: Re: "cosplayers, who may upload photos of themselves dressed as characters"
So I take it the copywrong trolls are going to start arresting kids who go trick-or-treating as licensed characters?
Is Coke going to start arresting mall Santas?
These guys are out of control. They’re like Daleks, their only setting is monosyllabic rage. But instead of “Destroy! Destroy!” they shout “SUE! SUE!”
Oops, I just got a C&D for saying “Dalek” in a comment.
Re: Re: Re: "cosplayers, who may upload photos of themselves dressed as characters"
Oops, just realized “Destroy” isn’t monosyllabic…
I think I meant “KILL! KILL!” or mono-worded rage?
Re: Re:
A law is bent on fucking over anyone who is marginally suspected on copyright infringement on the flimsiest of pretexts… and your support for the law is because you don’t have to look at enthusiasts (which you could already avoid by not using Google, Mr. I-Hate-Google-But-I’m-Gonna-Keep-Using-It-Anyway)?
And you wonder why no one takes you seriously.
“MIAU”?
Gotta love Japan. Even their version of the MPAA is pronounced like the sound cats make.