Copyright Law and Copyright Infringement
In copyright law, there are three requirements for created works to receive copyright protection under U.S. law:
They must be literary works, musical works, motion pictures, dramatic works, sound recordings, architectural works, pantomime and choreography, and pictorial, graphic, and sculptural works.
The works must be original not copied.
They must be documented either physically or digitally. (Guides: Copyright quick reference guide: Copyright law basics)
Copyright holders have the exclusive rights to reproduce, prepare derivative work, distribute, publicly perform, publicly display, and publicly perform (digital) their creative works. Copyright holders can keep all of these exclusive rights, or provide licenses to others to exercise. Manga creators tend to license these rights to anime companies that create a derivative work, which is the animation of the manga.
Copyright does have a limited duration. Copyrights will terminate 70 years after the death of the creator of the work, or, if it was a work-for-hire work, 95 years from first publication or 120 years from creation (Circular 15A duration of copyright). Once the copyright expires, the words are considered in the public domain, allowing anyone to freely use the works without penalty.
Copyright Infringement
Infringement of copyright occurs when a person/entity engages in one of the six exclusive rights of a copyright holder (reproduce, prepare derivative works, distribute, publicly reform, publicly display, and publicly perform digitally) without obtaining permission from the copyright owner. Under the law, copyright infringement occurs even when a work is created that is “substantially similar” to the protected portions of the original copyrighted work.
An important concept to understand copyright infringement is “literal copying” vs “non-literal copying.” Literal copying describes copyright infringement that is an exact replica of the original work. The infringer made no effort to separate the infringed content from the original. An example of literal copying would be sampling music and copying software. Unlike literal copying, non-literal copying describes copyright infringement that occurs when the copy is not made as an exact copy of the original, but is determined to be “substantially similar” to the original.
To avoid copyright infringement, it is crucial to seek permission from the original owner of the intellectual property. Failure to do so may result in costly legal fees. Because anime merchandise and video games can be considered derivative works of the anime, licenses from the anime creator are needed to make those games and merchandise.
References
Circular 15A Duration of Copyright, https://www.copyright.gov/circs/circ15a.pdf. Accessed 8 May 2023.
“Guides: Copyright Quick Reference Guide: Copyright Law Basics.” Copyright Law Basics - Copyright Quick Reference Guide - Guides at University of North Texas, https://guides.library.unt.edu/SCCopyright/basics. Accessed 11 May 2023.
“What is Copyright Infringement and How to Avoid It,” https://www.copyrighted.com/blog/copyright-infringement. Accessed 19 May 2023.