Legality of doujin material and Intellectual Property laws in Japan?

[Apple]

How different is Japan from America? From what I understand Marvel and DC don't seem to play by the same rules, as they seem to be unable to use characters that the other entity owns the IP to. What rights differences do authors have over their works in both countries? We all know about Nasu and how he seems to give away rights to his characters ad infinitum (Ciel and Higurashi, Prisma Ilya) but is this a quirk of the individual or is there an underlying principle in the law that doesn't grant him the power to exercise control over works that have been adapted from his?

Do doujin authors maintain full rights over their works even if they have been adapted (almost piece for piece) from existing series? What happens if the doujin material becomes more popular and generates increased revenue over the original? Does the author still maintain full rights and/or ability to stop the doujinshi?

[2Bad]

How different is Japan from America?

Significantly

[Renko]

*whistles* That is also one topic that I also liked to avoid....

[Apple]

Significantly

Examples and specific sections of the law would be nice

[Break]

The main difference is that in america, copyright szuff is basically automatically enforced by the law, while in japan , the license holders have to actively decide to enforce them, and usually dont for doujins, crossovers or jokes because thats a significant part of the scene and manyof them started like that too, so they only actively enforce copyright stuff in cases of actual plagiarism.

[Apple]

The main difference is that in america, copyright szuff is basically automatically enforced by the law, while in japan , the license holders have to actively decide to enforce them, and usually dont for doujins, crossovers or jokes because thats a significant part of the scene and manyof them started like that too, so they only actively enforce copyright stuff in cases of actual plagiarism.

Got any case studies of actual plagiarism? I'd like to know the extent of their rights and abilities, and under what circumstances aforementioned rights and abilities are usually invoked

[SeiKeo]

The main difference is that in america, copyright szuff is basically automatically enforced by the law, while in japan , the license holders have to actively decide to enforce them, and usually dont for doujins, crossovers or jokes because thats a significant part of the scene and manyof them started like that too, so they only actively enforce copyright stuff in cases of actual plagiarism.

Yea this sounds like bullshit. You know the American government doesn't file copyright suit for you, right?

[2Bad]

But Leo, America is literally Blade Runner!

[Arashi_Leonhart]

The difference is a lot of creators got their start as a doujin circle (see: Nasu and Takeuchi) so they empathize and in a lot of cases rely on the fan market to help them. In 'murica, you get Anne McCaffrey and Anne Rice threatening to sue FFN for copyright infringement.

Basically, it's that joke that you get from Sayonara Zetsubou Sensei in that America will sue for anything and Japan is used to that sort of thing since they have China ripping Gundams off from them anyway.

[mewarmo990]

We all know about Nasu and how he seems to give away rights to his characters ad infinitum (Ciel and Higurashi, Prisma Ilya) but is this a quirk of the individual or is there an underlying principle in the law that doesn't grant him the power to exercise control over works that have been adapted from his?

Actually, Prisma Illya is licensed by TYPE-MOON.

Do doujin authors maintain full rights over their works even if they have been adapted (almost piece for piece) from existing series? What happens if the doujin material becomes more popular and generates increased revenue over the original? Does the author still maintain full rights and/or ability to stop the doujinshi?

I Am Not A Lawyer, but as far as I know it is real copyright infringement, but the rights holders tend not to pursue it as long as it doesn't get too big. As a doujin creator, you in are in a gray area if you decide to base your work on existing IPs and sell it. You're susceptible to legal action at any time.

Part of it is a cultural difference. The stereotype that Americans love to sue people is comparatively true. Or rather, it's much easier to file litigation in the United States.

It is why those talented artists that got picked up by TYPE-MOON stopped selling TM-based doujin material at conventions.

The main difference is that in america, copyright szuff is basically automatically enforced by the law

Wrong.