Conan's Victory is Justice

Chapter 222 Question: Is the nature of the plagiarism and piracy of the same person the same?
The half-old man's name is Rōji Kameyama.

Original author of The Cat's Kino Journey.

He was also a Japanese writer who wrote in the same batch as Daisuke Hukura back then.

"I can testify for this young man!"

Rōji Kameyama stood on the witness seat, glanced at Toshiya Tasho at the side, and said loudly.

"Although there are indeed many references to me in the novels he wrote, I don't care about it. On the contrary, I feel very happy, because I didn't expect that there are still people who can read the books I wrote so long ago. It is my greatest honor as a literary creator to remember such an old antique!"

"That's right, in fact, I have always regarded the books I wrote as colleagues who wrote about Senior Guishan! Moreover, there are many original things in the books I wrote. I am paying tribute!"

Tiansuo Junya also hurriedly added from the side.

Kameyama Rōji nodded: "Yes, I am very happy that someone wrote my book fan! And I am honored!"

Here, the defendant Daisuke Hukura became anxious when he heard what the witness said.

"Even if it's writing a fanfic, how can it be said that it is not an infringement? These two are essentially the same!"

The judge, however, took one look at him and struck the hammer.

"The witness's statement is reasonable! Although the witness's work was created by the same person, but with the consent of the original author, it is authorized, and his work also has secondary creations. He should have his own copyright and is not an infringement!"

As soon as the court pronounced the verdict, the audience was in an uproar.

In the field of literary creation, plagiarism is a very sensitive matter.

Generally speaking, anyone who writes novels hates others to copy their books.

After all, it was the result of my own hard work, and it ended up being plagiarized by others. Who can bear it?

However, both witnesses said that it was not plagiarism, but fan creation.

The nature here is different.

Although doujin and copying books are essentially infringing on the copyright of the original author.

However, the so-called copyright infringement is not generalized.

Copyright infringements generally include the following types.

Publishing works without the permission of the copyright owner;
Did not participate in the creation, but signed on other people's works in order to seek personal fame and fortune;

Pirate copies of other people's works and sell them in other ways;

Distorting or tampering with other people's works;

Plagiarizing other people's works;
Wait for a series of behaviors.

Among them, doujin belongs to "distortion and tampering" of other people's works.

Plagiarism is "plagiarizing" someone else's work.

In Japan, although copyright is strictly controlled, original authors have completely different attitudes towards the two.

Original authors seldom worry about whether the fan is infringing.

Even in Japan, where ACG culture (animation, comics, games) is very prosperous, there are often large-scale exhibitions that allow secondary creators to sell doujinshi.

But plagiarism is different. If you dare to copy, it is plagiarism.

The concept of Japanese literary creators has almost zero tolerance for "plagiarism", so wait for a lawsuit.

In the auditorium.

After hearing the judge's sentence, our classmate Feilan frowned slightly, feeling a little unbelievable.

"Isn't the judge a bit too partial in his judgment like this?"

Although her personality is a bit silly and sweet, Feilan also has a girl's unique carefulness.

She noticed that in the judge's sentencing line, he said "fans also have their own copyrights."

Meaning, is this thing still legal?

As a newcomer who has just entered the legal profession for a while, Feilan can't understand this article.

Isn't the same person infringing?How did it become legal?
"Could it be that fan works are still protected by law?"

"Well, the courts do have some bias."

Xiao Ai nodded.

After thinking about it, she shook her head again.

"However, the judge's judgment is actually correct. Fan works are indeed protected by law."

"Huh?" Feilan blinked, "Why?"

"Because, in Japanese law, it is actually recognized, and it is recognized that doujin has the 'originality of secondary creation'."

Xiao Ai explained bit by bit.

"Even if your fanart quotes other people's worldview, character design, and plot, you have infringed on the copyright of the original author. However, if your own fanwork has its own settings and plots created by yourself, then this part belongs to you Originality also enjoys its own copyright.”

Paused.

"Whether the copyright of the original work is infringed does not conflict with whether the original part enjoys the copyright."

There was a classic copyright law case in Japan before.

A female doujin manga writer who especially likes to play BL (male and male), and usually likes to write "Yuri on Ice", "Free!Men's Swimming Club", "Touken Ranbu" and other animation creation colleagues.

One day, she found out that a pirated website had published her doujin manga without her permission. She was very angry and took the website to court in a fit of anger, claiming that it had infringed her copyright.

This pirated website finds it ridiculous.

All the cartoons you draw infringed the copyright of the original works, but you came to sue me instead, do you have the qualifications?
Thus, the piracy site's claim in court states that:

The plaintiff's fan works are not authorized by the original works, which are themselves infringing works.In addition, the content of the plaintiff's fan comics are some indescribable and embarrassing scenes, which violate public order and good customs, and maliciously smear the original works, so they should not be given legal protection.If the court supports the plaintiff’s claim, it will not only condone the copyright infringement of the original work, but also support the dissemination of larger-scale works and encourage the sale of infringing fan works.

As a result, how did the court decide?

The court simply didn't agree with the pirate site's claim.

The reason is: the manga drawn by the same person author has its own second original part, and this original part will be protected by copyright law.

The infringement of pirated websites belongs to "piracy".

The two are essentially different.

Besides, if you publish other people's fan works without the permission of the fan author, does it have anything to do with whether the fan author himself infringes the copyright of the original author?

No.

You are pirated, others are tampered with.

If you "pirate" the second original part in the "tampering" of others, then you are also breaking the law, and you have violated the copyright of the author of the fan.

In the end, the court ruled that the pirated website needs to compensate the fan author about 220 million yen in damages.

Xiao Ai explained the case to Feilan, and popularized the law for this newcomer.

"I see."

After listening, Feilan finally understood and nodded, feeling that she had raised her posture a lot.

"How do you know so much?" Feilan looked at Xiao Ai and asked curiously.

"Oh, my brother taught me this!"

Xiao Ai sticks out her tongue, and once again resorts to the cute trick.

"Well, you are quite similar to my Conan in this regard."

Feilan sighed.

"He, like you, is also at this age, and he understands so many things, just like a little adult."

(End of this chapter)