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In episode 6 Staz almost unleashed a Kamehameha attack.
Is it okay to use this move outside of the Dragon ball series? If Staz did unleash this Kamehameha, Would it be considerd copyright infringement?

Dimitri mx
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Hashirama Senju
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1 Answers1

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Taking in to consideration that Blood Lad makes use of allot of parody (only in that one episode almost all of his finishing/attack moves are derived from other anime/games)

Following the policy of FUNimation

Legal

May I create new content using FUNimation properties?

Taking an artwork into a new medium such as 3D animation and/or creating fan fiction based on an existing artwork usually does not fall under Fair Use. For more on fair use, please see this Wikipedia entry: http://en.wikipedia.org/wiki/Fair_use

Such works are generally considered “derivative works” and the right to create such works is one of the exclusive rights of a copyright holder. 17 USC § 106(2)

If someone creates a derivative work without authorization from the copyright holder, they can be liable for copyright infringement. Whether we will seek to go after them or not, is another story...

Fair use

Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. Examples of fair use include commentary, search engines, criticism, parody, news reporting, research, teaching, library archiving and scholarship. It provides for the legal, unlicensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test.

Taking these rules in to consideration it would most likely mean that if he finished the Kamehameha he would indeed have gone beyond the point of fair use, and into the area of copyright infrigment.

EDIT

As for the Japanese copyrights. They indeed seem to be quiet different yet comes down to pretty much the same in rough lines (can read them here) And a modifyd fair use law seems to be in place aswell, which is more similar the Korean version then to the english version.

Dimitri mx
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    I don't think the policies of FUNimation and other US-based companies are really germane to this question. I'm not well-versed in Japanese law and practice concerning parody, but my understanding is that it is very different than in the US. – senshin Feb 13 '14 at 21:34
  • @senshin Ill bust out the japanese rule book regarding parodys later aswell and edit it into the question then :) – Dimitri mx Feb 13 '14 at 22:22
  • @senshin You sir managed to provide me with so much text I got a headache :| – Dimitri mx Feb 13 '14 at 23:05