Those interested in the legal status of fan use of anime properties,
both in the US and Japan, might like to read a new scholarly article on
the subject:

Mehra, Salil K. "Copyright and Comics in Japan: Does Law Explain Why All
the Cartoons My Kid Watches are Japanese Imports?" Rutgers Law Review,
forthcoming.

Among the findings are that contrary to popular belief, Japanese
_dojinshi_ fan comic authors can be sued for copyright infringement,
just as can (theoretically) US fanfiction writers, and given that
_dojinshi_ _are_ sold for profit, they haven't even that figleaf to hide
behind. The article goes on to explain just why clearly winnable cases
against dojinshi publishers are rarely brought, and further argues
(quoting from the abstract):

"Interestingly, many observers believe that the vibrancy of these
markets for infringement has created numerous innovations and fostered
the emergence of talented artists who have benefitted the industry as a
whole. The relatively weak legal regime in Japan, noted widely
elsewhere, appears to have by chance solved a collective action problem
and prevented the interests of a few copyright holders from inhibiting
the growth and development of the industry as a whole."

Anybody interested can link to the working paper at:

http://papers.ssrn.com/sol3/delivery.cfm/SSRN_ID347620_code021107500.pdf
?abstractid=347620


Paul Corrigan
corrig11@pilot.msu.edu




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