Making an anime questions, again im sure...

[Bereaver]

Ive used the search, but it kept giving me a "page cannot be displayed" so I do apologize if there is an extremely big post about this that I have missed... anyways...

My name is James, and I, have a rare anime storyline, and I need help on how to "secure" this. After it is secured I will of course seek those who draw (as I cant draw anything myself :p). And plotters for inbetweens and comedy.... I'm very serious about this, and have spoke to only a few about the story line, you may think im joking when I believe it will be the best series anime... but I have hope.

This is a little embarrasing laying a passion out infront of a crowd I have not introduced myself too yet, so please bare with me. I'm just looking for my hope.

I would say the story has the ability to last... well.... I'm relaly not that sure heh, but atleast... 30-40 hours of pure content? Pure content:"no drawn out, I, next episode, Will, next episode, Kill, next episode, you, next episode, !, next episode, AHHHHHHHH!! stuff" :p

But seriously, I'm relaly not sure how long it could last, there is still alot of uncharted territory do to my fears of it being not "secured", thanks again for helping and again I apologize for being so dull :).

~James

[Shiroiyuki]

Um, what exactly are you asking there? How to go about making an anime? Where is a good place to find animators/artists? What programs/methods to use in order to make an anime/animated piece?


Please specify.

Here is a link to a page that explains the anime-making process, step-by-step:
http://animenation.net/forums/showthread.php?t=194356

Here is one explaining the cost breakdown of the animation process:
http://animenation.net/forums/showthread.php?t=193949

Here is a website dedicated to anime. You might find your answer somewhere in here:
http://en.wikipedia.org/wiki/Anime

[Bereaver]

Sorry it was a bit, garbled, but the first thing that I want is to "secure" it, copyright or whatever I need to do. :p I just dont want any mistakes, and thanks for the links I will read them right away.

[Leader Desslock]

Have you considered doing this as an independent comic first, to build up revenue for having it animated? Or have you checked out some of the smaller comic publishers to see what their submission guidelines might be? You'd just have to team up with a single artist to make that.

I dunno, but the jump from Idea->Full Animation seems like a bit of a stretch for someone. Would this be your first published work?

Have you checked out the screenplay submission guidelines for any of the studios that make animation? Maybe you could write it as a screenplay and get someone else to make it. It'd be a bit of a trick for someone without prior publication credits, but I won't say it's utterly impossible.

Getting a Japanese company to make an anime from your idea, as an unestablished non-Japanese writer? Exponentially less likely.

Regarding copyright and "securing" the work - once you write the story or screenplay and write "Copyright 2006 John Smith" on it, the work is copyrighted. You own the rights to it.

[master terrence]

Ya, just putting your name on it is pretty much copy righting it, but there is also a way to get your copy right noticed by the government.

its like at www.copyright.gov

they charge you for every little thing. I wouldn't go to that extent unless you have the next harry potter or somethnig.

[Soluzar]

Regarding copyright and "securing" the work - once you write the story or screenplay and write "Copyright 2006 John Smith" on it, the work is copyrighted. You own the rights to it.

Owning the rights and safeguarding those rights are a different thing though, aren't they? I thought there were a few extra hoops you could jump through to make sure of a solid case. Aren't people normally advised to post themselves a copy of their work in a registered envelope?

[Shiroiyuki]

Aren't people normally advised to post themselves a copy of their work in a registered envelope?
This would be called the 'poor man's copyright'. If you follow one of the links on the above website, it takes you to a FAQ section which clearly states:


The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.


I went ahead and got some more information on the matter--


Mailing
one's works to oneself and keeping the unopened, postmarked envelope as proof of right of ownership to them (a practice known as the "poor man's copyright") has no substantive legal effect in the U.S. We've yet to locate a case of its use where an author's copyright was established and successfully defended in a court of law by this method. At best, such mailings might serve to establish how long the author has been asserting ownership of the work, but since the postmarked-and-sealed envelope "proof" could be so easily circumvented, it is doubtful courts of law would regard such evidence as reliable.

Source: http://www.snopes.com/legal/postmark.asp

In order to legally secure your work...you need to get it actually copyrighted. Through a government office.

[Leader Desslock]

In order to legally secure your work...you need to get it actually copyrighted. Through a government office.
Now quite accurately worded. The registration brings some additional benefits, as the Snopes article points out in their quote from the U.S. Copyright Office:

Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law.

The work is still copyrighted the moment it is created, no questions there. One does not have to register it with the U.S. Copyright Office in order to consider it 'copyrighted'. But! If one wishes to be eligible for additional compensation under certain clauses and conditions of the law, or if a writer wishes to strengthen his potential case in the US, the U.S. Copyright Office recommends officially registering the copyrighted work.

I believe the Snopes article is in error on one point. The quote from the U.S. Copyright Office does not state that registration is required in order to make a writer eligible to file an infringement suit - it merely states that there are additional legal benefits. Many copyright suits have been filed over non-registered works in the history of copyright law in the US, and the last I knew, one did not require registration prior to filing civil suit.

Regardless of whether the work is registered or not, the lawsuit would still be a civil suit. No government enforcement of the copyright would take place. Unless the copyright holder wishes to pursue claims to protect his rights, they will not be defended by anyone else.

Here's a good related article:

http://www.templetons.com/brad/copymyths.html

[Shiroiyuki]

Well, I read through the entire article (yes, the whole way through) and I've found out a few things that may be relevant to this topic.

In regards to the issue of a civil court case based on copyright infringement:

...in Copyright suits...it's mostly which side and set of evidence the judge or jury accepts or believes more, though the rules vary based on the type of infringement. In civil cases you can even be made to testify against your own interests.

So, yeah--you can go to court, but there is really no telling what will be the outcome. You, as the defendant, really don't have the rights protected by federal court cases. I would still just pay the money to have the idea protected by the government if I thought it was really such an anime innovation. Besides...

While copyright law makes it technically illegal to reproduce almost any new creative work (other than under fair use) without permission, if the work is unregistered and has no real commercial value, it gets very little protection. The author in this case can sue for an injunction against the publication, actual damages from a violation, and possibly court costs. Actual damages means actual money potentially lost by the author due to publication, plus any money gained by the defendant. But if a work has no commercial value...the actual damages will be zero.

SO, does that mean if your idea is AWESOME, but you unfortunately don't have the funds to execute it correctly--someone else could use the situations, plot, similar characters/settings, and anything else from your failed attempt at anime and get away with practically stealing? I mean, if it gains absolutely NO profit--then doesn't that mean it has no commercial value? If someone uses ideas similar or even identical to yours, but happens to add to it (through better funding/better animation, etc)--would they be viewed as thieves, or just let off the hook?

[Leader Desslock]

So, yeah--you can go to court, but there is really no telling what will be the outcome. You, as the defendant, really don't have the rights protected by federal court cases.
That does not change with registration. It's a civil case, not a criminal case. Regardless of whether it's registered or not, it all comes down to who makes the best case to the deciding party (jury or, if waived, judge).

I would still just pay the money to have the idea protected by the government if I thought it was really such an anime innovation.
That's my point - it's not. All the registration does is maybe (under the right circumstances) give you a better chance to make the defendant pick up a portion of the costs of litigation, etc. It's also a stronger form of evidence under certain conditions. But ultimately, it still comes down to a jury. Which is why you see a LOT of these things 'settled' except in the most clearcut of cases.

SO, does that mean if your idea is AWESOME, but you unfortunately don't have the funds to execute it correctly--someone else could use the situations, plot, similar characters/settings, and anything else from your failed attempt at anime and get away with practically stealing? I mean, if it gains absolutely NO profit--then doesn't that mean it has no commercial value? If someone uses ideas similar or even identical to yours, but happens to add to it (through better funding/better animation, etc)--would they be viewed as thieves, or just let off the hook?
Yes and no.

First off, look at the words "money potentially lost by the author". If the idea is 'marketable', it doesn't matter if the idea is implementable by the copyright holder in the short term. What would be considered would be "when might the owner BE able to market it, and how much will this infringement affect that implementation."

Next, remember that if the owner wins the case, the defendants earnings on the infringement will be forfeit, and they will be delivered a Cease and Desist order from the court. So they won't keep what they made, and they won't be able to make any more on it. Not exactly 'getting away with it'.

The point of the "commercially viable" clause is to say, "If the infringement didn't cost the author anything and the folks who stole the idea didn't make any money either, then the financial damages will be zero." Which makes sense, because the author really isn't out anything tangible. The author could make a case that ... I dunno... his reputation was tarnished or something - pain and suffering, maybe? But that amount wouldn't be huge. This prevents someone from filing a frivolous lawsuit for a million bucks over something that only have earned the author a few thousand. Nor will someone get serious jail time because they happened to copyr your work. This is a civil case regarding rights and compensation for your work. That's copyright.

[Shiroiyuki]

Ahh, thank you for clearing that up for me. I really wasn't sure what that meant, if they could use similar situations and whatnot without fault.

But, what happens if the original owner of the work can't come up with the money to take the case to court? I mean, if the anime couldn't even be funded appropriately, who is to say the creator could pay for lawyer costs? If the case couldn't be pursued, then the people trying to steal the idea would get away with it.....right? Sorry, the whole 'legal rights/court case' thing goes right over my head for the most part >_<.

[Leader Desslock]

But, what happens if the original owner of the work can't come up with the money to take the case to court?...If the case couldn't be pursued, then the people trying to steal the idea would get away with it.....right?
Pretty much. If the copyright holder doesn't file suit, his rights to the work will be undefended, and the thieves will have little reason to stop. Look at... fansubbers, for example. It's not that Anime producers CAN'T sue, it's that they DON'T sue that encourages fansubbers. If GAINAX decided to crucify a few representative fansubbing groups for copyright infringement as they could), you'd see half the groups go below the radar overnight.

That's not ALL bleak news. If a case is strong enough be a guaranteed win and the opposition doesn't look like it has infinitely deep pockets, then some lawyers might waive a percentage of the initial fees until a settlement/judgement is reached. There's not a great deal of pro bono work on copyright law, since it's all about money to begin with. ^_^

Let's say I had the most original manga idea in the world. I take comprehensive notes on how I devised it. I write it up. I talk to a few small press people about making a limited publication. As I'm working that deal out, and arranging for the publication, one of my press guys talks to DC Comics. They run with the idea. I find out about it. I decide to assert my copyrights...

That is SO going to get settled out of court. I might get a lawyer to do it for a delayed fee (since he knows DC has the cash to drive me into dust), but he's never going to get them to throw away the money they've already invested in the idea. The settlement is going to be for... maybe more than I might've made on my own. I might even get a "based on an idea from" footnote. But there's no way any lawyer's going to take the case for free if I'm insisting on sole control of the work. DC will fight it, and since all they have to do is give the jury a reasonable explanation for how they came up with a similar idea, they'll win. They'll delay me indefinitely until I run out of legal resources, or they'll just go for a summary judgement against me. Either way, I'm SOL.

So when their lawyer comes to me and says, "This is how much YOU would have made, we'll give you twice that plus a footnote", I'd probably best think of how I'm going to use that money to fund my NEXT project. Or else it's apt to be my last. :lol:

Think about it from DC's point of view. They've spent X amount on the idea. They expect to earn X + Y on the idea. As long as they keep it out of the public ear and Y is still a positive number, they're happy. The moment I threaten to take it public, they have a vested interest in smashing me to bits to preserve their reputation. Likewise if I sue for an amount greater than Y, then they're going to lose money anyway so they probably won't agree to it. They'll settle for an amount which leaves me feeling like I got a fair deal, plus makes them as much money as they can get on their investment. And oh - as a stipulation of the settlement, both parties will be forbidden to comment on it beyond, "We reached an agreement that all parties found amenable."

[Bereaver]

Well, I apprciate the arguement over my topic even though it is not necessarily for my protection but to just figure out the truth. :) Yal seem to know alot, would you care to help in this process, though I do know somethign about NDA, and would have to sign a thing or two, of course I wont be doing anything for another year probally unless I got some real support.

And yes, I do think it could be the next big thing.

[Leader Desslock]

I would, but since my first advice would be "contact an attorney who specializes in copyright law", I don't know how much more help I could be. ^_^