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Legal Uses for Scanlations

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Member

9:28 pm, Oct 13 2006
Posts: 11


I saw someone talking about editing manga and colorizing it. Am I able to print out the downloads for therapeutic coloring?

Thanks,

Conidiophore

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11:02 pm, Oct 13 2006
Posts: 10658


Basically, scanlations aren't legal. Period. End of question.

But then...who cares? Just print it out if you really want to. It's not like someone will come by your house and arrest you...

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4:27 pm, Oct 14 2006
Posts: 11


Whoops! eek Okay. Thanks for the information.

Post #1185
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6:55 am, Oct 15 2006
Posts: 157


Just a question: Isn't a scanlated manga legal in countries where this manga hasn't been licensed by a company or so?

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Post #1186
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7:39 am, Oct 15 2006
Posts: 555


No. It's illegal even if it isn't available in your country.

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Post #1187 - Reply to (#1157) by conidiophore
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9:07 am, Oct 15 2006
Posts: 15


Quote
I saw someone talking about editing manga and colorizing it. Am I able to print out the downloads for therapeutic coloring?

Thanks,

Conidiophore


Actually, if it's for your own personal use/pleasure (i.e., you're the one coloring it, you'll be the only one viewing it, and you won't be displaying it for public view or selling it for profit...), then it would most likely be deemed a "fair use" and therefore legal.

Note: The courts usually apply a 5-part test to determine whether a use of copyrighted work is okay or not so there's no hard and fast rule but assuming by "therapeutic coloring" you're doing it for your own enjoyment, it should be okay... Under the same 5-part test, scanlating and distribution of the scanlated manga fails the test because of the impact it would have on the market for the actual manga and thus would be deemed illegal.

Last edited by pokie at 9:13 am, Oct 15 2006

Post #67220
Member

9:23 am, Oct 9 2007
Posts: 2


I disagree. Under the interpretation of fair use given in the Betamax trial there is a solid defense for unlicensed scantilations. Since there is not market or licensing scheme for unlicensed/translated manga in the US, there is a strong case for fair use.

Licensed mangas, however, would fail the test.

Post #67543
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Ore Sanjou!
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11:01 pm, Oct 9 2007
Posts: 1165


Actually, according to international copyright laws, scanlations, liscensed or not, are illegal.

Most people just really don't care about it if its not liscensed in another country, mostly because the manga is being printed, for example, to be released in Japan. They're not gonna worry if its scanlated because its being released for the Japanese audience, so they're still making their money on it.

If, or when, it becomes liscensed in America, then the scanlation is taking the money away from the legal purchase, so thats when they hold issue with it.

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