Copyright infringement? What is the borderline where parody tribute becomes plagiarism?

*I translate a Japanese article into English

A black maestro who likes “Monsters vs Monsters” movies.

BREEZE, which operates a media site, learns about copyright and quotation rules every day.

Last time, I wrote an article about Trepaku, abbreviated “Trace and Plagiarism”.

[brogcard url=”https://breezegroup.co.jp/en/202006/copyright-3/”]

Recently, I wanted to make an article about the borderline where parody homage becomes paclimatic because I was interested in making a parody image …
but if I was told that it was plagiarism … 

Homage

It is a term that refers to the creation of similar works, influenced by the artists and works that you respect.

Homage(オマージュ)| wiki [in Japan]

Recently, “La La Land” has become a hot topic because of the homage scenes of musical movies. “As for Black Jack” is famous for comics, black jack does not appear in the main part, and a cool tribute that you can imagine while reading what kind of intention is in the title. 

Parody

Parody exists in all artistic media including literature, music and movies.
Replacement songs and main song collection are also forms of parody.
Cultural activities are also a source of parody.

Parody(パロディ ) | wiki [in Japan]

If it’s a manga, the official parody “Fist of the North Star Strawberry” (Fist of the North Star is a mad max tribute) “Gin Tama” is a barrage of manga and anime. A lot of “Shawn of the Dead” is recommended!(?)

Plagiarism

Make works and stories similar to existing ones.
Or to present very similar works or material
(E.g. steal someone’s idea).

Pakuri(パクリ)|Wiki [in Japan]

The clear difference between parody / homage and plagiarism is that it looks and claims to be genuine.
Hey… This is a forgiveness if you say “This is a tribute parody” if you know it.I noticed that.
Yes, there are “originality” and “quality”.
If you don’t sublimate from the original work to another, you won’t be recognized as a parody tribute.
A work that has just been imitated is just a plagiarism.

What about parody and homage legally?

Since copyright is a guilty crime that cannot be prosecuted unless the rights holder prosecutes, copyright will not infringe as long as the rights holder has tolerated. (* Some non-parent charges)
Recognize that right holders allow humor and artistry for parody / homage, and that you must take the risk of not being allowed.

No matter how artistic the parody / homage is, it is not protected (defined) by Japanese law, and if prosecuted, it will be judged on a case-by-case basis only with copyright infringement.
It is famous for its ”white lover” parody and ”funny lover” cases.

Reference:“White lover” vs. “Funny lover” case | Westlaw Japan 

Fanzine is a piggybacking marketing

In addition, Fanzine (secondary creation) is not a parody, homage or plagiarism, but is a  “Piggybacking Marketing”. Right now, the right holder has tolerated that it is a fan, and it is out when prosecuted .
The “Pokemon” incident is especially famous for incidents related to Fanzine, and there are many well-organized websites.
Please check it out if you are interested.

Reference:Pokemon Fanzine Copyright Issues | Doujinshi Life Culture Research Institute

“FGO” and “Touhou”, whose official guidelines have been posted for secondary creation, are happy for fanzine artists.

Reference:Guidelines for Secondary Creation | FGO PROJECT
Reference:Guidelines for Using Touhou Project Copyright |  博麗幻想書譜

Case memo

“Would you like to wear handmade clothes using official images for the event?”
 I’ve heard that the participation in the event has been banned.
Even Mr. Motomoto, who dares to make it gray, will not be able to say “YES”
when asked “Can you make goods without permission”?
It was a story about the sincere action of fans who did not want to bother the rights source, but narrowed the range of affection.

What is the borderline that will eventually become
plagiarism?

It is a parody of a certain business program that our representatives love and record.
Although it is a review of the previous article, it is NG because it is a copyright violation to unveil a copyrighted image without permission. So, I made it so that it would be laughable if someone who knows the logo knows it.

• Modified to the extent that it is not misunderstood as genuine
• The purpose of selling with misunderstanding that it is genuine

If you don’t have these two points, it’s basically ok.
(There are some exceptions depending on the rights source)

However, if you are warned of the right source, it is safer to delete it.
That’s why parody homages always have the potential for copyright infringement.

If you have not read this far, you will receive a quote from the Internet.

• It’s a homage to being exposed
• It is a parody to be in trouble when not exposed
• Plagiarism is troubled by exposure

H~m easy to understand!

Summary

I just need to create a piece of work, but there are many things I need to know as a creator.
You have to learn well so that you can make your work with ease.