POST/COMMENT ARTICLE ABOUT MMDs AND COPYRIGHT by Haruka Mitutoyo
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.