Problems with DVD

[Ito, Michiko]

May I add something....?

I am a Japanese studies librarian at the University of Kansas.  I recently
applied a library support fund program requesting a DVD set "Mainichi Eiga
Konk_uru _Ofuji Nobuo-sh_o jush_o tanpen anim_eshon zensh_u" (_ is a
substitute for macron).  Though my request was approved, Eiz_o Bunka
Seisakusha Renmei, the copyright holder, announced through Kinokuniya, the
distributing company of the set, that the DVD set was produced for domestic
sale only and selling it overseas would be considered an illegal act.
Kinokuniya promised to negotiate with Renmei for consideration of overseas
sale, so my request is pending.  It may be canceled if Kinokuniya fails to
negotiate.  I also learned that some other American university libraries
also failed to acquire the set, because of this restriction.

As most of you know, Japanese "anime" works have become extremely popular
among young people in America(--more broadly, all over the world?)  Public
and cable channels air "anime" programs every day; large rental video shops
have "anime" sections; "anime" conventions are held in major American cities
every year.  Researchers also show strong interest in analyzing "anime" from
the viewpoints of art, film, and culture.

But "anime" available in the US are all commercial oriented, and little is
known about such non-commercial "anime" included in this collection.  The
works included in this set show not only the variety of materials, such as
clay, paper, and dolls, unlike regular commercial "anime" but also the
development of animation in post-war Japan.  (The oldest work included in
this set was made in 1952.)  Moreover, some works received awards at
international animation festivals.  (Kawamoto Kihachir_o's "Kataku" and
"D_oj_oji.")  The DVD set would be a valuable collection to fill the gap
between extremely popular commercial "anime" and largely unknown non-profit
"anime."  Nonetheless, KU as well as other universities which also want to
make the set available for their research community, could not obtain the
set, because of the restriction posed by Renmei.

According to the flyer of this set provided by Kinokuniya, the set is
available for individuals as well as libraries---as long as they are in
Japan.  Only because KU is an overseas institute, our purchase request was
declined.  Renmei may have a good reason not to sell the DVD set to overseas
customers, but I cannot but help lamenting that we failed to provide the
American anime fans and film researchers with the DVD set, which would be
very useful and important source for education and research.  


Michiko Ito
Japanese Studies Librarian
East Asian Library
University of Kansas Libraries
Watson Library
1425 Jayhawk Blvd.
Lawrence KS 60045-7544
TEL: (785) 864-4669
FAX: (785) 864-5311







-----Original Message-----
From: Stephen Cremin [mailto:asianfilmlibrary at mac.com]
Sent: Wednesday, March 27, 2002 8:50 PM
To: KineJapan at lists.acs.ohio-state.edu
Subject: Re: Problems with DVD


Perhaps film companies smell a profit to be made selling to universities 
and are holding out for five figure sums.  Which US university was it 
who paid a fortune to Shochiku to license silent films for their 
students which were actually already legally out of copyright?

Stephen


On Thursday, March 28, 2002, at 02:27 AM, Aaron Gerow wrote:

> I am writing to see if anyone else has experienced some problems in
> purchasing DVDs for university use in Japan.  I teach film, among other
> things, at Yokohama National University in Japan. Every year, I use
> university money to purchase VHS and DVD versions of Japanese films for
> class use. Since I teach courses that include international students, I
> have been especially pleased that some recent DVDs of Japanese films
> manufactured in Japan have included English subtitles and have made a
> point of purchasing those.
>
> However this year, when I tried to purchase about 31 of those DVD, I was
> told by the accounting department which placed the orders that 29 of 
> them
> could not be sold to universities because that would violate copyright
> law.  If it was a VHS copy, it would be OK, I was told, but DVD--the 
> only
> format that has the English subtitles--was no good. This, I thought, was
> not only absurd, but I had faced no such problems with DVDs before, so I
> asked them to try another purchasing route. That however also did not
> work.
>
> I am both furious and confused. First, from my knowledge of Japanese
> copyright law, there is not only no distinction made between DVD and VHS
> soft (after all, I had no problem purchasing 2 of the DVDs), but fair 
> use
> by educational institutions is protected (I can use films in class if
> those who are seeing them are registered students--that is, that the
> screening is not for an indeterminate audience). Second, this clearly
> obstructs film education in Japan, if not research as well. Third, this
> also seems to be a short-sighted measure, where companies, afraid that
> university use will hurt sales to individuals, block the sales to
> universities, but forget that in a culture where young Japanese do not
> watch Japanese films, introducing Japanese cinema to students is one of
> the roles universities can play in supporting the future of Japanese
> film. Fourth, this also obstructs efforts to introduce Japanese culture
> to non-Japanese.
>
> I was wondering if anyone else in Japan had the same experience. If 
> these
> seems to be a general policy, I plan to launch an protest to the
> companies selling the DVDs. Since I personally know some of the 
> directors
> of the films involved, I hope to enlist their help as well.
>
> Aaron Gerow
> Associate Professor
> International Student Center
> Yokohama National University
> 79-1 Tokiwadai
> Hodogaya-ku, Yokohama 240-8501
> JAPAN
> E-mail: gerow at ynu.ac.jp
> Phone: 81-45-339-3170
> Fax: 81-45-339-3171
>