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DMCA notice from Nao Hirano

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Posted: Oct 12, 2007 10:16 pm Reply with quote
クムリウタ クムリウタ
Joined: 26 Aug 2005 Posts: 958 Location: Japan
kawai-no is correct, there's only limitation to double posting on the forum. If you're not able to post on the forum, it's probably because you've just made a post and it'll be a minute or so before you can make your next post. This is enforce to help prevent double posting.
Posted: Oct 14, 2007 2:46 am Reply with quote
甘えんぼ 甘えんぼ
Joined: 29 Sep 2007 Posts: 64
So how is this case going? I've scanned through the pages and still can't catch much.

But I personally suspect the authority of this Nao guy, for some reasons stated and not:
1) If someone lodges a complain it will be the company representative, for what the artist complain himself.

2) I'm a Staff of a Digital Art forum and we're constantly dealing with Copyright issues daily. It seem to me that this could be plain nonsensical. Usually, such images of celebrities, released by huge companies are allowed for public and personal use (as known as Non-Commercial Usage). You'll see such images being used in vector arts, etc. Using a more established website, Deviant Art (you guys probably heard it before), they allowed such images to be used too. It goes similar to other Digital Art Forums and communities, we allow such images to be used and uploaded on galleries, and redistribution.

The reasoning behind our decision to allow it is because there is a common share of interest. By using the images in our work, be it forum signatures, avatars, large arts or plain redistribution of the images, it actually serves the company's goal. It is as if, we are doing free advertisement for them. We are spreading images of this artist, and if used it on our work, we beautify it as art. It increases the amount of viewers and thus more people gets to know this artist. In turn the company would gain profits.

The site I'm Staff on, had ten thousands of renders, images and photography of huge companies and we NEVER get any copyright lawsuits or warnings. Same goes to Deviant Art, considered to be 1 of the most respected site and main authority of the Digital Art community internationally. We follow this reasoning and nothing happened to us as far as we know.

Thus I would more likely seem to me that this Nao is an impostor. Probably someone who grew jealous of the success of Channel-Ai and decided to screw with you guys. If Channel-Ai were to be sued because of redistribution of Ai's Image, I would swear that Deviant Art and the hundreds of Digital Art Communities outside had already their asses sued big time. And given that fact of the respectability and global recognition of Deviant Art has not been sued, it seeming to me that this complain is a joke.

As far as I am concerned, if I were the Staff of Channel-Ai, for personal interest I would take the images offline first. Then, question the authority of that Nao guy. You have the every right to question the complainer, eyn. Through the server host, demand evidence that the Nao guy is indeed the original, and ask for proof of copyright (You'll need to apply for your work to be copyright, or host your image on Deviant Art to be considered copyright. You can't any o' how say that any piece of your work is yours and it's copyrighted without paper evidence). Question the complainer thoroughly and decide what step to take later.

This is how we usually handle copyright issues at our communities, I'm not sure how it works here. To me it seem more like some jealous guy wants to screw with this site.
Posted: Oct 14, 2007 4:08 am Reply with quote
桃ノ花ビラ 桃ノ花ビラ
Joined: 19 Nov 2005 Posts: 21 Location: Taiwan
I'm saying there aren't a lot of responses to new topics, only ressurections of "The Official _______ Thread".
Posted: Oct 15, 2007 10:40 pm Reply with quote
羽ありたまご 羽ありたまご
Joined: 13 Apr 2005 Posts: 2094 Location: Canada
Daniel.Infinity, thanks for your input about this issue. I think you're being honest when you said:
Daniel.Infinity wrote:
if I were the Staff of Channel-Ai, for personal interest I would take the images offline first.

This is exactly what I done at first. Honestly I couldn't afford to mess around as if the whole complaint filed is no big deal or a joke. I doubt anyone would go that far until they wrote out a formal DMCA complaint just to fool around. Whether Nao is the holder or not, I have to respect his complaint and take down the images.

The fact that gallery is still accessible by guest (even just the thumbnails) gives me the risk of getting a 2nd complaint. If that ever happens, I can assure you that I will take down the gallery for good because it just doesn't worth it. Some of you might insist about ignoring the complaint but if you are the one getting all these letters I'm sure you will think about the consequence of this turning out to be true. The gallery is established to provide convenience to our members for finding Ai-chin's images, but at the same time it should not give me any trouble.

The reason why we are getting complaint might be that Channel-Ai is doing well on search engine and it is not hard to stumble upon Channel-Ai if you are into J-Pop, Dorama, or just about any random stuff you could think of. And you mentioned deviantART, I believed they have strong policy against copyright materials. For fan arts, it is not violating any copyright due to the fact that the image is fan's own rendition so those are fine. Our gallery are not of art nature so it is hard to debate on that.

Making the gallery accessible by regulars only is my way of reaching the balance between fulfilling the original purpose of gallery and staying out of trouble. Think of the gallery as something extra or bonus, since not every forum has their own gallery so don't feel left out if you can't access this one. Afterall its the interaction within the forum that matter the most. If people are getting upset because of not able to access the gallery then I guess its presence is doing more harm than good.
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