Board Thread:Questions and Answers/@comment-73.220.89.40-20150318192417/@comment-26574811-20160111074502

Qunow wrote:

Vcharng wrote:

TPP requires copyright violation to be non-shinkokuzai, that is, the authorities should sue them even without receiving request from the copyright holder. As Doujinshis are pretty much allowed to exist solely by the copyright holders' NOT taking action, this would mean a complete ban of any non-official Doujinshi.

Why is Doujinshi allowed to exist solely by the copyright holders' tolerence? Because according to Japanese law, a "secondary creation", e.g. a Doujinshi, has its copyright shared by the original AND the doujin author. In other words, a KC doujin's copyright, for example, is supposed to belong to both DMM and its doujin circle. But in reality, it is only claimed by the circle. A circle claiming its copyright and profit alone is supposedly illegal, but as doujins actually helps the sales of the original, almost all original work copyright holders choose to ignore them, and enjoy the positive effect they bring.

If copyright violation actually becomes non-shinkokuzai, the Japanese goverment will have to ban all doujinshis, which would deal a heavy blow to the whole ACG industry. Currently this is the second largest obstacle between Japan and TPP, according to NHK's coverage, and the politicians are actually willing to work a way around this problem. JP gov claim the effect will only be put on one-to-one copy. You mean the non-shinkokuzai (非告訴乃論/非親告罪, since you seem to be able to read Chinese) will only be put on complete identical copies? Good to hear.