(Dead) actors revival

[mark schilling]

I'm not sure about the specific issue of frame grabs, but I do know that
when I published "The Yakuza Movie Book" Stonebridge asked me to
contact the rights holder for every image, no matter what the age or source,
and have them sign a permission form. Peter Goodman's explanation:
Japanese rights holders were becoming more aggressive in seeking out
pirates -- and he wanted to leave nothing to chance, which meant no
longer relying on the author's word that everything was cool.

I had few problems with the permissions themselves, but more of the rights
holders wanted payments -- sometimes substantial ones -- than when I went
through a similar rigmarole for my pop culture encyclopedia in 1997.

There were exceptions. When I asked NHK for permission to use a photo of the
"Kohaku" finale for the book they told me I would have get permissions
from -- 
and pay fees to -- every one of the dozens of performers on stage. Before I
collapsed of shock, they said if I used a photo that didn't clearly show the
performers' faces, I would only have to pay NHK's fee: 5,000 yen. So that's
why the photo in the book was taken from the rafters.

BTW, I found Matsuda Yusaku's widow pleasant to deal with. If she charged me
a fee I don't remember it -- but that was 1997.

Mark Schilling
schill at gol.com




----- Original Message ----- 
From: "Aaron Gerow" <gerowaaron at sbcglobal.net>
To: <KineJapan at lists.acs.ohio-state.edu>
Sent: Sunday, August 22, 2004 12:19 AM
Subject: Re: (Dead) actors revival


> That's a good question. It has been my understanding that rights of
> publicity (shozoken) are not established under copyright law, but come
> from rights established under the constitution (the right to happiness,
> etc.). Thus while copyright can expire, publicity rights are much more
> vague. In most cases, it seems that the estate of the star manages the
> shozoken after his or her death, and in Matsuda's case, it seems the
> company Office Saku does that (remember that Yusaku's wife and son are
> still active in the geino world). Does anyone know anything more
> specific about this?
>
> I do worry about how sticky this issue can be. While, for instance, I
> think one can with no problem under copyright precedent in Japan use
> DVD frame grabs as quotations in publication, I've had some companies,
> like Office Kitano, argue that, beyond copyright issues, any use of
> such grabs requires the consent of all the actors who appear in the
> frame grab. If that was true, then it would become virtually impossible
> to use frame grabs in publication, especially if the actors are dead. I
> think this is ridiculous, but given the overzealous push for
> intellectual property rights these days, I fear this interpretation may
> pose a real obstacle some day.
>
> Aaron Gerow
> Assistant Professor
> Film Studies Program/East Asian Languages and Literatures
> Yale University
> 53 Wall Street, Room 316
> PO Box 208363
> New Haven, CT 06520-8363
> USA
> Phone: 1-203-432-7082
> Fax: 1-203-432-6764
> e-mail: aaron.gerow at yale.edu
>

----- Original Message ----- 
From: "Aaron Gerow" <gerowaaron at sbcglobal.net>
To: <KineJapan at lists.acs.ohio-state.edu>
Sent: Sunday, August 22, 2004 12:19 AM
Subject: Re: (Dead) actors revival


> That's a good question. It has been my understanding that rights of
> publicity (shozoken) are not established under copyright law, but come
> from rights established under the constitution (the right to happiness,
> etc.). Thus while copyright can expire, publicity rights are much more
> vague. In most cases, it seems that the estate of the star manages the
> shozoken after his or her death, and in Matsuda's case, it seems the
> company Office Saku does that (remember that Yusaku's wife and son are
> still active in the geino world). Does anyone know anything more
> specific about this?
>
> I do worry about how sticky this issue can be. While, for instance, I
> think one can with no problem under copyright precedent in Japan use
> DVD frame grabs as quotations in publication, I've had some companies,
> like Office Kitano, argue that, beyond copyright issues, any use of
> such grabs requires the consent of all the actors who appear in the
> frame grab. If that was true, then it would become virtually impossible
> to use frame grabs in publication, especially if the actors are dead. I
> think this is ridiculous, but given the overzealous push for
> intellectual property rights these days, I fear this interpretation may
> pose a real obstacle some day.
>
> Aaron Gerow
> Assistant Professor
> Film Studies Program/East Asian Languages and Literatures
> Yale University
> 53 Wall Street, Room 316
> PO Box 208363
> New Haven, CT 06520-8363
> USA
> Phone: 1-203-432-7082
> Fax: 1-203-432-6764
> e-mail: aaron.gerow at yale.edu
>