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January 15, 2013
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Passing on the message

Journal Entry: Tue Jan 15, 2013, 9:28 PM
  • Listening to: Lollipop factory
  • Reading: My messages
  • Watching: Vocaloid PVs
  • Playing: nothing
  • Eating: nothing
  • Drinking: water



POST/COMMENT ARTICLE ABOUT MMDs AND COPYRIGHT by Haruka Mitutoyo

Interesting news from Japan, the supreme court has issued a ruling that lets Crypton and the other Vocaloid creators enforce their terms of use that were issued when Hatsune Miku was first used in MMD. This ruling turns out sided with the assorted groups out there that are distributing MMD models like windows 100% outside of the magazine. It turns out that MMD is, or was allowed to exist by these companies on the terms that they retain all rights to the editing and distribution of Vocaloid related media. Over the years it turns out that companies like crypton and others whose characters are being used in mmd have been keeping track of everyone that attempted to claim a game rip, edit, or mmd based model as their own or to claim rights to these media artifacts many of which are fan made likenesses to protected characters such as SeeU, Hatsune Miku and others such as the models that resemble anime or video game characters. This use of licensed or protected media artifacts was at first welcomed by these companies as a form of free advertisement.

The recent court ruling in japan has made clear that in MMD, the only time one has the legal authority to restrict the editing or distribution of a model is when that model is 100% their own work and is not a likeness or redesign of a protected character and does not contain in any form be it part texture or name any related information taken from or recreated from said character if it is not an original work based on any one of those clauses then the rights holder of that infringed character or its likeness that infringes has exclusive legal rights to its use editing and distribution and has at any time the legal authority to bring criminal infringement and theft of intellectual property against the creator of the infringing media.

So in other words at this time as I am writing this, legal teams at various companies are already in the process of issuing notices to appear in court for hundreds of these MMDC members that have used their works in a fan remade character and attempted to dictate its use without legal authorization from the copyright holder of the character. It is based on or is or has a likeness to just as one would not take a novel and re write parts of it to read how they would like it to read then attempt to republish that novel under their name and claim all rights to it when it is a simple re working of the works of another person should not attempt to "re write" another form of novel and pass it off as their own work when it is a likeness or modified version of someone else's protected work on in the vocabulary of my profession. This would be termed fraud and willful theft of intellectual property and criminal falsification of legal ownership rights to a protected work. All of the above are serious crimes that carry heavy penalty if convicted.

And can easily be avoided by only claiming ownership rights to a creation that is truly 100% yours and in no way resembles or is named in a way that resembles the works of someone else or contains any form of material be it physics texture graphics and such that is taken from an existing work other than that that is also yours.. in short, don't plagiarize or cheat because using someone else's art in your own is a form of plagiarizer also and if you use something that isn't yours in a project then try to claim the project in its entirety as your own the ;legal owner of that incorporated item still has full legal control over its use and by something called migrated ownership inheritance they now also have the same control over the object it is a part of the same laws that apply to the use of music in remixes and public performances when the music lyrics or composed work is not your own works (also apply to multimedia in its various forms).

And it is all as it turns out under the DMCA laws. . .
It was noted by the judge that the idea that because you used a part in your creation be it obtained on the internet from another artist or passed on to you with the condition that it not be allowed to be distributed or edited by others , that you have the legal ownership of it or that the source you obtained it from has the legal authority or ownership of it to set those restrictions especially when it comes from the internet or another artist in a community that has become known among various companies for the unauthorized use of intellectual property artwork or names, that do not belong to them. He further elaborated that just because a company or artist allows the use of their works in fan art among a community does not mean they have authorized that community to begin setting terms and conditions on the use editing or distribution of the modified versions of their work that community produces.


In short, if the creator of the work has not given you permission to edit their work and use parts of their work in your own pieces/models, then they have the right to sue if they wanted to since they own the work and modifying it without permission is plagiarism, and claiming a work as your own can land you in court with a heavy penalty. You better watch out, all you who rip from games. If you claim the rip as your own, you could be in some big trouble...
So yeah, heavy stuff huh?

By the way, this was not written by me at all. I am simply passing along this message, since I believe some people ought to see it.

Graphics by tyleramato
CSS by moonfreak
Add a Comment:
 
:icontetofanthekittykat:
tetofanthekittykat Featured By Owner Jan 28, 2013
Hmm I figured this day would come, trading started as a fun way for friends to share models but... things have gotten out of hand lately and dissrespectful people keep editing model that don't belong to them... especially that touhou trading company on face book that has taken things to a whole new level buy hacking modelers computers to steal then criticize and ruthlessly edit the kidnapped models for all to see... they should take legal action agenst those horrible jerks so to sum this up, I'm all for it!
Reply
:iconchocosunday:
chocosunday Featured By Owner Jan 29, 2013  Hobbyist Digital Artist
Yes. Things have gotten out of hand. Pirating models is quite literally illegal and could land those people in jail with heavy fines.
Reply
:icongumicandy:
GumiCandy Featured By Owner Jan 24, 2013
You said you're passing on the message, right? where is the original source where you got this from?
Reply
:iconchocosunday:
chocosunday Featured By Owner Jan 24, 2013  Hobbyist Digital Artist
It's in the journal. That's the person I got it from.
Reply
:icongumicandy:
GumiCandy Featured By Owner Jan 24, 2013
Oh never mind I read that Haruka Mitutoyo did this I guess, but where did she get all of this from?
Reply
:icongumicandy:
GumiCandy Featured By Owner Jan 24, 2013
*she/he
Reply
:iconeeveeheart151:
Eeveeheart151 Featured By Owner Jan 16, 2013
Hang on a minute, I need some clarification. If you edit a model out of 100% legal-to edit models, such as Animasa or Nakao, you can still face jail time, even though the creators have allowed free editing and redistribution? Also, on the topic of Animasa and Nakao, say, if you use Nakao Luka's skirt in an model edit for your OC, do you still have to say that the skirt belongs to Crypton Future Media, no matter how heavily edited?
Reply
:iconchocosunday:
chocosunday Featured By Owner Jan 16, 2013  Hobbyist Digital Artist
No no no. If the modeler has granted permission, then it's ok. Generally, they don't want you to edit a work that has been labeled illegal. Its kinda like editing photos. There are photos which the photographer has given permission for you to edit and use, and there are photos that the photographer forbids to be used or edited. Also, the main concern is crediting the companies, owners and makers of the model and the character it represents.
Reply
:iconmmd-francis-co:
MMD-francis-co Featured By Owner Jan 16, 2013  Student General Artist
i'm a little confused about this :/
Reply
:iconchocosunday:
chocosunday Featured By Owner Jan 16, 2013  Hobbyist Digital Artist
This thing is saying that the modelers hold all rights to the model and the company hold the rights to the character, so if you edit the character without permission and/or claim the model as your own (even if it's a game rip) the company and modelers reserve the right to sue you.
Reply
:iconmmd-francis-co:
MMD-francis-co Featured By Owner Jan 16, 2013  Student General Artist
oh i see so you're going to jail XD
only if you claim the character or the original model
or a illegal edit as your own rigth
Reply
:iconchocosunday:
chocosunday Featured By Owner Jan 16, 2013  Hobbyist Digital Artist
No, but you'd face heavy fines.
Reply
:iconmmd-francis-co:
MMD-francis-co Featured By Owner Jan 16, 2013  Student General Artist
oh so they will make me pay for it ?
literally talking with money?
Reply
:iconchocosunday:
chocosunday Featured By Owner Jan 16, 2013  Hobbyist Digital Artist
Exactly. Especially if it's a copyrighted character like Miku or SeeU.
Reply
:iconmmd-francis-co:
MMD-francis-co Featured By Owner Jan 16, 2013  Student General Artist
i see but i don't do that i always give credit and does that affect to Bolivia XD
Reply
:iconscandinaviansweetie:
ScandinavianSweetie Featured By Owner Jan 16, 2013  Hobbyist General Artist
Hmm... I'm a bit confused. I mean, I guess I understand the gist of this, but still............
Reply
:iconchocosunday:
chocosunday Featured By Owner Jan 16, 2013  Hobbyist Digital Artist
It was worded kinda confusingly, so I did my best to summarize it. Basically, the court gave full rights of the characters/models to the modelers and companies, and they can take legal action if the rules that they have set are violated. So you have to make sure you credit the original authors and do not in any way shape or form, take credit for any part of the model or character whatsoever. And if you edit without permission, the modeler has rights to that edit and may sue if they choose to do so.
Reply
:iconscandinaviansweetie:
ScandinavianSweetie Featured By Owner Jan 16, 2013  Hobbyist General Artist
Ah, thanks for clearing that up!
I thought you meant something like if I made my own model from scratch of--let's say--Miku, Crypton could sue me... or something of that nature. That's why I was just a little lost... ^^;
Reply
:iconchocosunday:
chocosunday Featured By Owner Jan 16, 2013  Hobbyist Digital Artist
No no no, it was saying that if you use a model that resembles the character in a way that violated the terms and conditions, then you'd be in trouble.
Reply
:iconscandinaviansweetie:
ScandinavianSweetie Featured By Owner Jan 16, 2013  Hobbyist General Artist
Right, I got it now.
Haha, I was waaaaaaayy off. XD
Reply
:iconchocosunday:
chocosunday Featured By Owner Jan 16, 2013  Hobbyist Digital Artist
Lol XD
Reply
:iconeleganttwilight:
ElegantTwilight Featured By Owner Jan 16, 2013
Thank you, this should clear any misunderstanding x_X
Reply
:iconmomoka193:
Momoka193 Featured By Owner Jan 16, 2013
I NEVER rip from games,plus I NEVER edit and NEVER redistibute illegal models. So I'm ok.

Thanks for the heads up.
Reply
:iconswitchdraw:
switchdraw Featured By Owner Jan 16, 2013
i see......
thanks for the information....
Reply
:iconmoonwolfyouthotaku:
MoonwolfYouthOtaku Featured By Owner Jan 16, 2013  Hobbyist Digital Artist
Understood thanks for head ups =)
Reply
:iconedelweisstheflower:
EdelweissTheFlower Featured By Owner Jan 16, 2013  Hobbyist General Artist
...I get the gist of it, but does this only apply to game rips?
Reply
:iconchocosunday:
chocosunday Featured By Owner Jan 16, 2013  Hobbyist Digital Artist
No, it applies to models that resemble any copyrighted character. Such as Hetalia characters, or characters from Tiger and Bunny, or Vocaloid characters. The modelers and creators of the works hold the rights to that model, and if those rights are violated (like illegal editing or distribution) they reserve the right to sue for intellectual thievery.
Reply
:iconedelweisstheflower:
EdelweissTheFlower Featured By Owner Jan 16, 2013  Hobbyist General Artist
Oh, I see. What about Touhou models?
Reply
:iconchocosunday:
chocosunday Featured By Owner Jan 16, 2013  Hobbyist Digital Artist
Touhou models fall under that category too, since the characters are all copyrighted by the creator of the game.
Reply
:iconedelweisstheflower:
EdelweissTheFlower Featured By Owner Jan 18, 2013  Hobbyist General Artist
Ok, thanks for telling me :)
Reply
:iconchocosunday:
chocosunday Featured By Owner Jan 18, 2013  Hobbyist Digital Artist
No problem :D
Reply
:iconxxsnowcherryxx:
xxSnowCherryxx Featured By Owner Jan 15, 2013  Student Digital Artist
true true

many people distributing win100 and their edits.. ;w;

thats why i always credit for the company who made the models/game
Reply
:iconchocosunday:
chocosunday Featured By Owner Jan 16, 2013  Hobbyist Digital Artist
Yeah....so they'd better be careful. Illegal editing and distribution carries a heavy price.
Reply
:iconxxsnowcherryxx:
xxSnowCherryxx Featured By Owner Jan 16, 2013  Student Digital Artist
true true ovo
Reply
:iconhellomuffykitty:
HelloMuffykitty Featured By Owner Jan 15, 2013  Hobbyist General Artist
wait so if someone rips and model and claims the model of as there own, because they ripped and rigged
but still give credit to the game they come from and the person who made the actually model character and such is alright
or can they still be held accountable to be sued even if they credited the original maker?

( im very sorry if you do not understand me )
Reply
:iconchocosunday:
chocosunday Featured By Owner Jan 15, 2013  Hobbyist Digital Artist
Well as long as you make it clear that you did not make the model AND did not modify it's appearance in any way shape or form, then you should be fine, unless the company has specified that they do not allow rips of any kind.
Reply
:iconhellomuffykitty:
HelloMuffykitty Featured By Owner Jan 16, 2013  Hobbyist General Artist
oh ok i see ^^

thank you very much for the information

and may it be alright if i ask another question if i am not troubling you?
it was kind confusing in the information
Reply
:iconchocosunday:
chocosunday Featured By Owner Jan 16, 2013  Hobbyist Digital Artist
Oh ok
Reply
:iconchancelle:
Chancelle Featured By Owner Jan 15, 2013  Hobbyist General Artist
This is why you always credit the rightful owners >u< Never take credit for them.
Reply
:iconchocosunday:
chocosunday Featured By Owner Jan 15, 2013  Hobbyist Digital Artist
Exactly. So the companies don't mind so much if you rip, but you must, MUST credit them and not edit the models without permission from the modeler.
Reply
:iconchancelle:
Chancelle Featured By Owner Jan 15, 2013  Hobbyist General Artist
Yes, it would be rude if they didn't ;o; If I were them I would hate people forever.
Reply
:iconchocosunday:
chocosunday Featured By Owner Jan 15, 2013  Hobbyist Digital Artist
Me too. They take my stuff after I worked ages on them and then claim it as their own? I'd be so pissed.
Reply
:iconchancelle:
Chancelle Featured By Owner Jan 15, 2013  Hobbyist General Artist
Your cool, I like you. xP do you have a skype by any chance?
Reply
:iconchocosunday:
chocosunday Featured By Owner Jan 15, 2013  Hobbyist Digital Artist
I do not unfortunately. o3o
Reply
:iconchancelle:
Chancelle Featured By Owner Jan 15, 2013  Hobbyist General Artist
Awhh that sucks >n< Well it's nice to meet you more officially! If you ever need anything don't be afraid to ask, I'm very understanding.
Reply
:iconchocosunday:
chocosunday Featured By Owner Jan 15, 2013  Hobbyist Digital Artist
XD Thanks!
Reply
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