Oh Noes I’m Using A Screenshot From A Sunrise Anime! :o Good Thing They Aren’t Actively Sending Out Cease And Desist Letters Like Lantis Is Or I Could Get In Trouble. Eeeeeek!
It was around this time in a 25 cour season shows run that a famous interview broke regarding a certain director’s belief that he had let the fans of his show down. Alas the interview was misquoted and yay fans suddenly believed that what they had received was not what was intended for them. By the time the mistake was corrected the damage was down however and turneth on that anime they did, for now it was viewed as but a false prophet.
All of this was happened before and alas all of it seems destined to happen again. Lest I be called back into active duty to try and hold fast the darkness of falsehood and confusion and to bring forth the light of truth and confirmation. For it is now at a similar time that history repeats itself, and the threat comes anew to tarnish that which I hold dear.
But seriously, folks, are we going to believe yet another misquoted and confused commentary on a commentary on a commentary about a comment made by one Lantis Corporation and let it ruin our anime experience? Especially when it’s so easy to see the truth is we actually just read what is written? I’m talking of course about the Sankaku Complex article regarding Lantis and supposedly Sunrise’s bid to quash fair use of images and content from shows they have produced, but apparently even worse still, fanart and fanfiction.
EVERYBODY FREAK OUT NOW! OH MY GOD THOSE BASTARDS! I’M GOING TO KILL SUNRISE!
But wait, I thought rather then rush to condemn Sunrise I should at least do a little research on what the deal is actually supposed to be. Context is always important in these cases so I followed Artefact’s link back to the original source in the 2ch archive page and found that the article was primarily about a comment that a certain Yamakan of Haruhi dance fame made regarding a letter Lantis sent to a blogger whose name has been witheld from being printed. Here is the letter in it’s original Japanese format:
> ＊＊＊＊ 管理者 殿
Roughly translated the content of the letter in English goes something liek this:
Dear **** Site Managere
This is Lantis Ltd.
Our company invests in the production committee of the following TV animation programs. Akikan!, Asu No Yoichi, The Girl Who Leapt Through Space, The World Reflected In The Eyes Of The Girl Who Looked Upon The Heavens, And Black God.
At this time we have noted that a part of our book that was used for your site.
If you are reading this we would like you to promptly delete the part we are concerned about.
Our company prohibits publishing in whole or in part any image of characters etc. from the book that our company manages without our permission.
The above-mentioned act infringes on the right of public transmission Article 23 Clause 1 of copyright law regardless of whether it is in the interests of non-profit.
Please note that legal measures might be taken if it is not possible for you to delete this promptly.
Sounds like you pretty standard cease and desist letter from Lantis, although somehow Artefact makes it sound a lot nastier in how he translates it. Anyway how does Sunrise come into this. Well aside from the fact that they are also producers of Kurokami and The Girl Who Leapt Through Space (The other 3 shows belong to Kyoani, Brains Base and AIC. I’ll leave you all to figure out which belongs to which), the question was dropped as to Sunrise’s policy in the original source for the Sankaku Complex article if the Yamakan commentary was said to Sunrise. The original article you see didn’t actually state what Yamakan was referring to, just what he said which was:
Which roughly translates too:
“Copyright claims kill the viewers desire to watch and especially buy media and I think the insistence on intellecual property right is a complete mistake in the long run.
If it’s so regrettable then you might as well exhibit your work in a muesum instead of broadcasting it on TV and selling DVD’s”
Basically it seems like Yamakan is addressing somebody and telling them they are foolish and that TV and DVD selling is reproduction anyway so if they are that anal they might as well keep the original in a muesem so that it can never be reproduced and they can have complete control over it. Who is this entity that Yamakan is addressing? :
“Is this directed at Sunrise?” one poster asks.
Some warning mail was pasted somewhere.” another replies.
Finally an answer comes when a poster gives everyone the content of the cease & desist letter from Lantis which I posted above. So Sunrise has nothing to do with this other then their being involved in two of the anime Lantis called the anonymous blogger on copying protected content from right? Well not according to Sankaku.
You see, later on down the page somebody posts a copy of Sunrise’s policy on copyright infringement which can be found on their hompage in it’s entirety and was assumedly quoted. The quoted part reads:
which translates roughly too:
Concerning Images Taken From Sunrise Work On The Internet:
It is not permitted to use them for non-profit making purposes and individual homepages on the internet.
“Pursuit of profit is not our intention” and “because it’s an independent homepage”, even if in this case it is not permitted to use them though there is a reason.
Because “private use” on the internet is still a reproduction and distribution and therefore you cannot use the images.
What about fanfiction and fanart?
It is not possible use Sunrise’s work on the internet in the case of images and writings that are produced by oneself as long as Sunrise has not permitted it.
We have a service that offers 5Mb user homepages where one’s creations based on our work can be published.
Yeah…pretty anal retentative indeed, but this is actually old news and has nothing to do with the cease and desist letter Lantis sent out. In fact it’s at least as old as 2005 going by Japanese user pages that have made reference to the policy. To me it sounds like the standard overkill policy that almost all media companies have when it comes to copyright issues, but you don’t exactly see them enforcing this do you? 4 years ago at least this policy was created and doujin work is still published, people still cosplay as Sunrise characters, there are still plenty of places with screenshots of their anime and yet they don’t enforce it because obviously they can’t. It’s pure wishful thinking and really what’s the point?
Well the point I’m trying to make is that this whole thing has gotten taken out of context and blown out of proportion. Lantis was the only company alleged to have sent cease and desist letters in this case, and Sunrise policy was merely quoted in the article about Yamakan’s comments, yet I suppose because Sunrise is a much hotter name then Lantis’ people took it to mean that Sunrise was the one that issued the cease and desist letters. After all they are mentioned in Sankaku Complex’s article along with Lantis so it must be the case right. Well unfortunately no as I think I have demonstrated, it is not the case until Sunrise actually does start sending out cease and desist letters.
So I say by all means don’t let their silly webpage basesd rules about use of images get you, media companies have far more bark then they have bite and you don’t exactly see them sending cease and desist letters to people blogging about Gundam 00 do you? What proactive measure have they even taken in this case? None as far as I can tell, Lantis being a different issue altogether.
Speaking of which I think people ought to be far more wary of Lantis then Sunrise as they are actually the ones out their right now sending cease and desist letters, not Sunrise, and they have far more investments in far more companies works then you might initially be led to believe.
So I try in this case, try and establish a clearer narrative on this issue. Truthfully neither of these companies are really innocent since their would be copyright policies are laughable at best, obnoxious at worst, but let’s focus on the true instigator of this issue in Lantis shall we? Not sure how much good it will do since once the ball gets rolling people love to jump on the hate wagon nowadays and believe absolutely everything they read, but if I can reach even a few souls interested in knowing a little more about what the real deal is here then I think I’ve done my job.
On that note expect lots of pictures of MS Igloo Episode 2 in the future since Lantis has no copyright stake in that and frankly even if they did I wouldn’t too flying fucks to even have a reason to get worked up and panicked over it. Remember, more bark then bite.