Anime x Anime, Copywrite?

[fame3874]

So someone I know is planning on making his own anime and posting it on his site, the plot is basically revolved around other anime's crossing over in a way. It is copywrite but how would you suggest he go through with it? I don't want to see him in trouble🤣

[Kaydreamer]

So long as he's not trying to agressively monetise it, it's just fan work, and it should be fine. Japanese creators and publishers are usually pretty chill about small-scale doujinshi manga at conventions and such, as well as fanart sales.

If he tries to monetise it though, and it gets big, all bets are off. Using copyrighted characters can be a legal quagmire, and a crossover is unlikely to fall under the blanket of 'parody' so he could find himself DMCA'd if it became big enough to attract the notice of the copyright owners.

I doubt he'd find himself in much legal trouble, but there is a possibility. Most likely, he'd just be told to take it down, which would be an emotional blow if he's poured loads of time into it.

[darthmongoose]

Officially Tapas isn't a site for fanworks, but they seem to be tolerated and not taken down (if the sheer volume of Steven Universe and My Hero Academia fanworks in the Action category is any indication). However, they don't appear in the rankings on the app and the ones that aren't removed are not monetised, even if they have the required 250+ subs.

The worst he's likely to get is a DMCA to remove the content by the studios or publishers behind one or more of the series he's using. I can't say I'm a huge fan of people putting fanworks on this platform where I'm slaving away on original IP, but there's not a lot can be done to stop some people.

[fame3874]

Oh sorry I should have mentioned, it wont be published on Tapas of course. I'm an original creator too so I understand the slight frustration. He is creating his own site to publish, and I wouldn't say its a fanwork per say. In a sense (other then the drop ins of other characters) it is pretty original.

[fame3874]

Nice thank you for the advice

[therosesword]

that took place in the early 1900's and was French/English... things have gotten testier since then.

[therosesword]

As I have said before and will continue to say (keep in mind I was the copyright/contract person for the company I worked for)

talk to an attorney. The outlaying of cash will be well worth it. Make sure said attorney is an entertainment/copyright person and not your run of the mill divorce or ambulance chaser.

When dealing with copyrights you cannot not afford an attorney.

Check with your state or local arts organizations to see if there are attorneys for the arts that are willing to work pro bono to help.

Also, it's all well and good to post questions here, a lot of us have a lot of knowledge but with that plethora of knowledge comes crossed wires and old information. It is best to do some deep research.

Best of luck.

[fame3874]

Thank you very much!

[Ordinaryaverageguy]

It would be smart to study the meaning of "parody" in the context of copyright law, not just what readers or hopeful writers would like to think it means.
Also, though there are copyright exclusions (including parody) carved out in US copyright laws, not all nations have those.

[cortezlord96]

Talk to a lawyer is the safest answer. If he uses other IPs they will NEVER be able to monetize without IP owners permission lest they risk legal action. (You can monetize, but that is when people will start to possibly come after them). If they are free, not so much, but once against, talk to an IP lawyer.

[fame3874]

Thank you all for the advice!