Discussion regarding the entirety of the franchise in a general (meta) sense, including such aspects as: production, trends, merchandise, fan culture, and more.
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Michsi
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by Michsi » Thu Mar 21, 2019 9:53 am
PFM18 wrote: ↑Thu Mar 21, 2019 3:07 am
It is a transformative version of the work that does not serve as a market substitute for the work, nor do they directly profit off of it.
It is protected under fair use.
Not quite, because it uses footage from the actual show. From what I recall, even companies that have officially bought their licenses from the original studio aren't allowed to freely meddle with and edit the animation without consent from the owners of the IP. So fan art and the like are easier to accept because it only makes use of the designs and ideas, but in TFS case, they alter animation that isn't made by them.
Also, I think it's worth noting that the parody aspect isn't really accurate anymore. Especially since the Cell Games finale. I love TFS but from a legal stand point, things are a little difficult.
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JohnnyCashKami
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by JohnnyCashKami » Thu Mar 21, 2019 12:52 pm
Wow, really? If you should be criticizing anyone it should be MaSTAR Tracer who claims all of his animation is "original" and millions think he's the greatest while not crediting the original animators of the works but eh, TFS is the issue at hand, eh. TFS at least puts effort and care into the parody dubs that they make of Dragon Ball Z.
I personally bought their parody dub song of Tamashii Vs. Tamashii as I loved it and it was well worth it. I mean, it's fine if you don't like someone but at least have credible information why you're against, rather than just gang up with no concrete evidence. In terms of copyright material, leave that to TOEI which they'll figure what they do or don't do.
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PFM18
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by PFM18 » Thu Mar 21, 2019 2:38 pm
Michsi wrote: ↑Thu Mar 21, 2019 9:53 am
PFM18 wrote: ↑Thu Mar 21, 2019 3:07 am
It is a transformative version of the work that does not serve as a market substitute for the work, nor do they directly profit off of it.
It is protected under fair use.
Not quite, because it uses footage from the actual show. From what I recall, even companies that have officially bought their licenses from the original studio aren't allowed to freely meddle with and edit the animation without consent from the owners of the IP. So fan art and the like are easier to accept because it only makes use of the designs and ideas, but in TFS case, they alter animation that isn't made by them.
Also, I think it's worth noting that the parody aspect isn't really accurate anymore. Especially since the Cell Games finale. I love TFS but from a legal stand point, things are a little difficult.
Using footage from the actual show doesn't violate fair use. That's why the term "Fair use" even exists. You are using the "actual footage" in a fair fashion. The requirements are that it is transformative in nature and not a market substitute for the original work. Both of those are satisfied. Most of the time, if you can prove you used it transfoormatively, and it doesn't take away from the market of the work, then you win the case.
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linkdude20002001
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by linkdude20002001 » Thu Mar 21, 2019 2:52 pm
MasenkoHA wrote: ↑Sun Feb 17, 2019 12:23 pmIf the episodes were 5 minutes or less each and weren’t structured like a fandub with added humor they might of had a better case
Isn’t that just for the finalé of each story arc? Like 99% if the episodes are still pure parodies. Then again, I have watched it since just a littel past the Saiyan arc. Maybe they changed their forums since then, I’d be surprised if they did.
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Michsi
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by Michsi » Thu Mar 21, 2019 3:04 pm
PFM18 wrote: ↑Thu Mar 21, 2019 2:38 pm
Michsi wrote: ↑Thu Mar 21, 2019 9:53 am
PFM18 wrote: ↑Thu Mar 21, 2019 3:07 am
It is a transformative version of the work that does not serve as a market substitute for the work, nor do they directly profit off of it.
It is protected under fair use.
Not quite, because it uses footage from the actual show. From what I recall, even companies that have officially bought their licenses from the original studio aren't allowed to freely meddle with and edit the animation without consent from the owners of the IP. So fan art and the like are easier to accept because it only makes use of the designs and ideas, but in TFS case, they alter animation that isn't made by them.
Also, I think it's worth noting that the parody aspect isn't really accurate anymore. Especially since the Cell Games finale. I love TFS but from a legal stand point, things are a little difficult.
Using footage from the actual show doesn't violate fair use. That's why the term "Fair use" even exists. You are using the "actual footage" in a fair fashion. The requirements are that it is transformative in nature and not a market substitute for the original work. Both of those are satisfied. Most of the time, if you can prove you used it transfoormatively, and it doesn't take away from the market of the work, then you win the case.
Fair use can be interpreted differently. For one thing, and I just looked this up, you're allowed to only use limited portions of the work and that's only for criticism, parody or reporting. What TFS is doing goes way beyond that and the way it's been going, feels more like their version of DB than a commentary on the series. Again, if they had animated the scenes they were using themselves, even if they were direct references to the scenes in the original, it would've been different, but they are working with actual footage from the show.
It becomes even more difficult because Japanese law is actually a lot stricter with this I heard, despite what the large doujinshi marked might tell you.
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Dbzfan94
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by Dbzfan94 » Thu Mar 21, 2019 4:21 pm
linkdude20002001 wrote: ↑Thu Mar 21, 2019 2:52 pm
MasenkoHA wrote: ↑Sun Feb 17, 2019 12:23 pmIf the episodes were 5 minutes or less each and weren’t structured like a fandub with added humor they might of had a better case
Isn’t that just for the finalé of each story arc? Like 99% if the episodes are still pure parodies. Then again, I have watched it since just a littel past the Saiyan arc. Maybe they changed their forums since then, I’d be surprised if they did.
It’s changed significantly since then. The Cell Saga especially is borderline fan dub with some jokes sprinkled in
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PFM18
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by PFM18 » Thu Mar 21, 2019 5:15 pm
Michsi wrote: ↑Thu Mar 21, 2019 3:04 pm
PFM18 wrote: ↑Thu Mar 21, 2019 2:38 pm
Michsi wrote: ↑Thu Mar 21, 2019 9:53 am
Not quite, because it uses footage from the actual show. From what I recall, even companies that have officially bought their licenses from the original studio aren't allowed to freely meddle with and edit the animation without consent from the owners of the IP. So fan art and the like are easier to accept because it only makes use of the designs and ideas, but in TFS case, they alter animation that isn't made by them.
Also, I think it's worth noting that the parody aspect isn't really accurate anymore. Especially since the Cell Games finale. I love TFS but from a legal stand point, things are a little difficult.
Using footage from the actual show doesn't violate fair use. That's why the term "Fair use" even exists. You are using the "actual footage" in a fair fashion. The requirements are that it is transformative in nature and not a market substitute for the original work. Both of those are satisfied. Most of the time, if you can prove you used it transfoormatively, and it doesn't take away from the market of the work, then you win the case.
Fair use can be interpreted differently. For one thing, and I just looked this up, you're allowed to only use limited portions of the work and that's only for criticism, parody or reporting. What TFS is doing goes way beyond that and the way it's been going, feels more like their version of DB than a commentary on the series. Again, if they had animated the scenes they were using themselves, even if they were direct references to the scenes in the original, it would've been different, but they are working with actual footage from the show.
It becomes even more difficult because Japanese law is actually a lot stricter with this I heard, despite what the large doujinshi marked might tell you.
Yes, they do use limited portions of the work. That goes back to whether or not that product can serve as a market substitute for the original work. It can't be used as a market substitute being it is an extremely short version of the original work with transformative properties. They cover the entire Saiyan and Namek arc in 30 ten minute episodes. ~5 hours of content at the most. The actual Saiyan and Namek arcs are an absolute minimum of 30 hours.
So you're saying you can only use limited portions for the purposes of criticism, reporting or
parody? You mean EXACTLY what they do then? A parody version of small portions of the original material? How does any of this show that this isn't fair use?
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Michsi
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by Michsi » Thu Mar 21, 2019 5:44 pm
PFM18 wrote: ↑Thu Mar 21, 2019 5:15 pm
Michsi wrote: ↑Thu Mar 21, 2019 3:04 pm
PFM18 wrote: ↑Thu Mar 21, 2019 2:38 pm
Using footage from the actual show doesn't violate fair use. That's why the term "Fair use" even exists. You are using the "actual footage" in a fair fashion. The requirements are that it is transformative in nature and not a market substitute for the original work. Both of those are satisfied. Most of the time, if you can prove you used it transfoormatively, and it doesn't take away from the market of the work, then you win the case.
Fair use can be interpreted differently. For one thing, and I just looked this up, you're allowed to only use limited portions of the work and that's only for criticism, parody or reporting. What TFS is doing goes way beyond that and the way it's been going, feels more like their version of DB than a commentary on the series. Again, if they had animated the scenes they were using themselves, even if they were direct references to the scenes in the original, it would've been different, but they are working with actual footage from the show.
It becomes even more difficult because Japanese law is actually a lot stricter with this I heard, despite what the large doujinshi marked might tell you.
Yes, they do use limited portions of the work. That goes back to whether or not that product can serve as a market substitute for the original work. It can't be used as a market substitute being it is an extremely short version of the original work with transformative properties. They cover the entire Saiyan and Namek arc in 30 ten minute episodes. ~5 hours of content at the most. The actual Saiyan and Namek arcs are an absolute minimum of 30 hours.
So you're saying you can only use limited portions for the purposes of criticism, reporting or
parody? You mean EXACTLY what they do then?
A parody version of small portions of the original material? How does any of this show that this isn't fair use?
I've already covered this in my post before this one: it doesn't feel like a parody anymore. It takes itself too seriously lately to still fall
exclusively in that category.
The sheer amount of episodes they have goes well beyond "limited portions". As for as serving as a market substitute, there are so many that claimed they DBZA is best version of DB and that alone can rattle owners of the IP.
Another issue, the popularity can also be a problem sometimes. We've seen people accuse TFS of having influenced discussion in the fandom too much, or in extreme cases, the show itself. Weren't there people that genuienly believed that TFS "Goku's a bad dad" jokes are the reason Super makes fun of that as well?
If a fan work starts having that much sway over how fans view the original works then yeah, that's enough reason to be wary of them.
Just to be clear, I love TFS and love fan works. This is simply looking at the issue objectively.
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Super Sayian Prime
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by Super Sayian Prime » Thu Mar 21, 2019 8:53 pm
PFM18 wrote: ↑Thu Mar 21, 2019 2:38 pmUsing footage from the actual show doesn't violate fair use. That's why the term "Fair use" even exists. You are using the "actual footage" in a fair fashion. The requirements are that it is transformative in nature and
not a market substitute for the original work. Both of those are satisfied. Most of the time, if you can prove you used it transfoormatively, and it doesn't take away from the market of the work, then you win the case.
Just need a few more articles
like this.
"I like the money it brings in, but Dragon Ball Heroes is the worst. That's actually the real reason I decided to start working on new material. I was afraid Bandai would make something irredeemably stupid like Super Saiyan 4 Broly." - Akira Toriyama, made up interview, 2013.
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PFM18
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by PFM18 » Fri Mar 22, 2019 12:04 am
Super Saiyan Prime wrote: ↑Thu Mar 21, 2019 8:53 pm
PFM18 wrote: ↑Thu Mar 21, 2019 2:38 pmUsing footage from the actual show doesn't violate fair use. That's why the term "Fair use" even exists. You are using the "actual footage" in a fair fashion. The requirements are that it is transformative in nature and
not a market substitute for the original work. Both of those are satisfied. Most of the time, if you can prove you used it transfoormatively, and it doesn't take away from the market of the work, then you win the case.
Just need a few more articles
like this.
God that's so insane.
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TheBigBoy
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by TheBigBoy » Fri Mar 22, 2019 2:25 pm
That Mary Sue article...yikes! Anyway, the fact that so many people say DBZA is best DBZ Dub says more about the quality of the Funimation dub than anything..
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ABED
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by ABED » Fri Mar 22, 2019 4:24 pm
TheBigBoy wrote: ↑Fri Mar 22, 2019 2:25 pm
That Mary Sue article...yikes! Anyway, the fact that so many people say DBZA is best DBZ Dub says more about the quality of the Funimation dub than anything..
Yes, that it's awful and saying a bad parody has better quality acting isn't saying much.
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