Use of Falcouner Score in Japan: Legality Question

[Gyt Kaliba]

Okay, bear with me guys here. I know the Falcouner score is a pretty volatile discussion point here, and what I'm asking is something that would never come up, but it did make me curious, and I thought someone here might be able to answer it better than I could, or at least theorize on it better.

Over on the FUNimation Forums, a question came up in a thread about the likelihood of Toei putting out their own Bluray release that would also have the Falcouner score on it. Now, I've already answered the user there that this would never happen since there'd be no real point in it...but the question remains kind of. On the incredibly never-gonna-happen-cuz-why-would-they chance that Toei did want to put the Falcouner score on a release of their own...could they?

I believe I've read somewhere once in the past (don't remember if it was in regards to Dragon Ball or something else), but usually the Japanese companies automatically 'own' any dub that's made of their product without having to mess with any rights or licensing, right? It's my understanding that that's one reason why it was such an easy feature for the Japanese Dragon Ball Dragon Box to have some kind of 'Dragon Ball Across the World' thing poking fun at various dubs and edits. Would this also extend to replacement musical scores though?

Again, my question is NOT whether you think they SHOULD put the Falcouner score on any kind of Japanese release, because again - it's not going to happen, there would be no point. I want to stress that. My question is simply if they could without any hassle at all, or not, in this hypothetical situation.

[VegettoEX]

Without having a look at DBZ's contract, I would still assume that it's pretty similar to most series I've anecdotally heard about where, yeah, the Japanese originator automatically gets ownership of all that stuff.

And, in fact, a "Season Three" recap and title card (complete with WAAAHW WAAAA WWWAAAAH guitars and all!) was included on the first DBZ Dragon Box in Japan as a part of the bonus material compilation of foreign dubs.

[Gyt Kaliba]

Thanks Mike, that's more or less what I assumed, but it's always good to hear from someone that's more of an authority on this kind of thing than I am. Especially since my memory is so shaky. I didn't even remember, if I ever knew at all, that any of the Z Dragon Boxes had the dub comparisons as a bonus feature, I only remembered about the one for the DB Box (probably because the digital underwear always makes me laugh).

[cRookie_Monster]

Toei doesn't get copyright of music written in the U.S. just because it was written for the show. The copyright has to be signed over to Toei in a specific contract. Right now Funimation owns the copyright to the Faulconer score, so Toei would have to pay Funimation. It gets messier because of the whole lawsuit thing between Faulconer and Funimation...and I'm not sure how that would work.

Copyright in general is automatically given with the person who created it, no paperwork required. That is unless you were under "work for hire", then the copyright goes to the employer. The employer can sell the copyright or license the work if they so desire.

[Roland_ELoG]

Toei doesn't get copyright of music written in the U.S. just because it was written for the show. The copyright has to be signed over to Toei in a specific contract. Right now Funimation owns the copyright to the Faulconer score, so Toei would have to pay Funimation. It gets messier because of the whole lawsuit thing between Faulconer and Funimation...and I'm not sure how that would work.

Is that an ongoing lawsuit? I turned up a filing from 2006 that ruled Funimation had to continue paying royalties for use of the music.

[Gonstead]

Toei doesn't get copyright of music written in the U.S. just because it was written for the show. The copyright has to be signed over to Toei in a specific contract. Right now Funimation owns the copyright to the Faulconer score, so Toei would have to pay Funimation. It gets messier because of the whole lawsuit thing between Faulconer and Funimation...and I'm not sure how that would work.

Is that an ongoing lawsuit? I turned up a filing from 2006 that ruled Funimation had to continue paying royalties for use of the music.

Only for when the music airs on TV. Funimation doesn't have to pay a penny for including it in the home releases.

[cRookie_Monster]

Toei doesn't get copyright of music written in the U.S. just because it was written for the show. The copyright has to be signed over to Toei in a specific contract. Right now Funimation owns the copyright to the Faulconer score, so Toei would have to pay Funimation. It gets messier because of the whole lawsuit thing between Faulconer and Funimation...and I'm not sure how that would work.

Is that an ongoing lawsuit? I turned up a filing from 2006 that ruled Funimation had to continue paying royalties for use of the music.

No, that was settled long ago. I just get confused when I read the ruling:

AGREED FINAL JUDGMENT orders as follows: All claims of all Parties are dismissed with prejudice; Faulconer Productions and/or Bruce Faulconer shall continue to be entitled to receive the composer's share of any performance royalties administered by Broadcast Music Inc for the music that FRMC and/or Bruce Faulconer composed and delivered to Funimation Productions LTd and/or Funimation Production Inc including specifically, but without limitation, all music which is subject to the Litigation (the Music). Funimation and Funimation Productions shall not be obligated to pay any royalties for any use of the Music in any media, except the composer's share of any television performance royalties for which Funimation or Funimation Productions Inc becomes obligated to pay to BMI for broadcast by Funimation or Funimation Production Inc of the Music on a Funimation or Funimation Productions Inc-owned and/or operated television braodcast network and Funimation and/or Funimation Productions Inc agree to secure a license with BMI for administration of such performance royalties, or pay to FRMC or Bruce Faulconer directly the amount which would otherwise be payable to BMI; FRMC and Bruce Faulconer have acknowledged, agreed, and affirmed that Funimation is the sole owner of any and all copyrights, rights, title, and interest in and to the Music, notwithstanding FRMC's and/or Bruce Faulconer's aforementioned composer's share of the performance royalties; FRMC and Bruce Faulconer have assigned any interest they may have in any copyrights in the Music to Funimation, notwithstanding FPMC's and/or Bruce Faulconer's aforementioned composer's share of the performance royalties; Funimation is the sole and exclusive owneer of all right, title, and interest, including all copyright interests, in the Music, notwithstanding FPMC's and/or Bruce Faulconer's aforementioned composer's share of the performance royalties; To the extent that wording of this judgment concerning the Parties' agreement conflicts with the wording of the Compromise Settlement Agreement entered by the Parties, the Compromise Settlement Agreement will control. Signed by Judge Richard A. Schell on 2/9/06. (ttm, ) (Entered: 02/10/2006)

Hmm, they don't mention what happens if Funimation licenses the music to someone else. I think Gonstead's summary is accurate though.

[Roland_ELoG]

I'm going to guess (with my minimal, even borderline nonexistent legal knowledge) that the operative word is "performance royalties."

The only thing it says they pay royalties on is "Funimation owned or operated networks." Is there a Funimation channel I don't know about?

[Kakarot88]

Without having a look at DBZ's contract, I would still assume that it's pretty similar to most series I've anecdotally heard about where, yeah, the Japanese originator automatically gets ownership of all that stuff.

Toei doesn't get copyright of music written in the U.S. just because it was written for the show. The copyright has to be signed over to Toei in a specific contract. Right now Funimation owns the copyright to the Faulconer score, so Toei would have to pay Funimation. It gets messier because of the whole lawsuit thing between Faulconer and Funimation...and I'm not sure how that would work.

Copyright in general is automatically given with the person who created it, no paperwork required. That is unless you were under "work for hire", then the copyright goes to the employer. The employer can sell the copyright or license the work if they so desire.

^ THIS! In general Copyright's are "created" when the work is indeed created, but need to be formally registered to have the force of law. However, not having a registered copyright does not mean it is unenforceable. It just means that it will be a tougher road to hoe should you claim infringement. It would be a very poor business move to give the mother company a blank check carte blanche over all the works a licensee worked on or altered because then the mother company would have all the proprietary power to screw over the licensee. Such an agreement sounds like something those unfamiliar with the law would assume existed as a way to rationalize certain production decisions, but such thoughts really have no basis in reality given the pitfalls even a law student let alone an attorney sees popping up from such an agreement (shutters at the thought).

For instance:
Funimation - "I',m gonna sell our dub for $20.00..."
Toei- "K, we're gonna sell it for $15.00 oh an you cannot sell it at that price or until after we release our version becuase we control the rights to the music"
Funimation- "That's not fair!"
Toei- "Sucks to suck read the contract!"

Side Note: Such an agreement would likely be able to also be undone based on unconscionably

Side Note: Granted, international law is different and Japan is one of the few nations not to have accepted the UCC (not that it is entirely applicable here), so it does stand to reason that maybe just maybe some grossly disproportionate contract like this has legally existed but it would be a cold day in hell before most US attorneys would ever recommend their client except such an agreement.

I'm going to guess (with my minimal, even borderline nonexistent legal knowledge) that the operative word is "performance royalties."

Hit the nail on the head! Essentially, a performance royalty is one attached to a song which is owed by the songwriter (here, Faulconer) and in some cases also the publisher (here, Funimation) and the royalty because it is "performance" is paid whenever that composition is performed “in public” or “broadcast.”

According to the settlement that is all (ie performance royalties) Mr. Faulconer is entitled to becuase Funimation owns the rest of the interests in said music out right.

[VegettoEX]

Mmm, fair point that we're talking about original musical compositions and not just voice performances. I don't personally think there should be any difference (they're both replacing something from the original footage, all of which was sub-licensed out), but there likely are differences. It might even be a case where Toei doesn't know / have a total 100% say in matters, because of the agreements between FUNimation and their composers that supersede other, prior agreements.

Not a lawyer, never saw the contract, have absolutely no idea! Long story short, anime is dumb. I mean laws are dumb. I mean both are dumb. Everything's dumb!

[cRookie_Monster]

Mmm, fair point that we're talking about original musical compositions and not just voice performances. I don't personally think there should be any difference (they're both replacing something from the original footage, all of which was sub-licensed out), but there likely are differences. It might even be a case where Toei doesn't know / have a total 100% say in matters, because of the agreements between FUNimation and their composers that supersede other, prior agreements.

Not a lawyer, never saw the contract, have absolutely no idea! Long story short, anime is dumb. I mean laws are dumb. I mean both are dumb. Everything's dumb!

and some people were saying the Faulconer music had nothing to do with DBZ

If the Faulconer music were derivative of the Japanese score, like based on the same themes, then you'd have a point. They are 100% original though.

Dialogue on the other hand, Funimation owns the copyright of the recordings of the American actors. Toei owns the copyright of the script I'm guessing, and the American recordings include the script and story. That's why Toei or Bird Studio would have some rights to the English dialogue. There's nothing in the U.S. musical soundtrack that Toei or Bird could lay claim to.

Also Funimation paid Faulconer Productions for the copyright, not Toei.

[Roland_ELoG]

In a lot of cases as well, international law is a bitch to enforce. It's as much politics as it is law.

Not a lawyer, never saw the contract, have absolutely no idea! Long story short, anime is dumb. I mean laws are dumb. I mean both are dumb. Everything's dumb!

No, Freeza Soldier A is dumb. (AHAHAHahahahahahahhahahaa......)