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scanlation

[META] “In a criminal case, if you are charged with an assault, the state incurs the cost of your defense,…”

“In a criminal case, if you are charged with an assault, the state incurs the cost of your defense, should you be unable to provide one for yourself. In a civil case, no matter which side you are on, you always incur the legal costs yourself. Large media companies, the ones actually engaging in legal action (NOT the creators), often have to do little more than threaten a lawsuit (or send a cease and desist letter) to elicit the desired behavior, even if they think they can’t win in court, because they know the defendant lacks the financial resources to defend him/herself and will thus back off, even if legally they are not obliged to do so. Scanlators generally cannot defend themselves and often lack the necessary legal knowledge (or access to a professional) so as to ascertain which legal threats have teeth and which do not. There may be ways of doing scanlation without express permission that do not violate copyright; it’s likely we will never know what they are, since the publishers hold (nearly) all the cards.”

Ba Zi, 9a. Copyright, Scanlation, and the Ethics of Unfettered Reading

[QUOTE] From Ba Zi, 9a. Copyright, Scanlation, and the Ethics of Unfettered Reading

In a criminal case, if you are charged with an assault, the state incurs the cost of your defense, should you be unable to provide one for yourself. In a civil case, no matter which side you are on, you always incur the legal costs yourself. Large media companies, the ones actually engaging in legal action (NOT the creators), often have to do little more than threaten a lawsuit (or send a cease and desist letter) to elicit the desired behavior, even if they think they can’t win in court, because they know the defendant lacks the financial resources to defend him/herself and will thus back off, even if legally they are not obliged to do so. Scanlators generally cannot defend themselves and often lack the necessary legal knowledge (or access to a professional) so as to ascertain which legal threats have teeth and which do not. There may be ways of doing scanlation without express permission that do not violate copyright; it’s likely we will never know what they are, since the publishers hold (nearly) all the cards.

Ba Zi, 9a. Copyright, Scanlation, and the Ethics of Unfettered Reading ift.tt/2aD6b7G

[QUOTE] From Ba Zi, 9c. Fair Use and the Translation Stranglehold

I’d like to draw your attention back to an image I had used in another context, namely about boys/girls and the assumptions about/representations of in manga, and talk with y’all a little about Zolo. Now, you have to bear in mind that my first encounter with One Piece was a non-licensed translation dub of the TV anime. After that, I began to regularly follow the series while living in Japan, so I mostly read it in the weekly Shōnen Jump‘s I would dig out of garbage cans and recycle piles on Tuesdays (for the trash cans) and Wednesdays (for the recycling piles). At no point was it ever unclear to me that ゾロ was a take on the Johnston McCulley character Don Diego de la Vega, aka Zorro. I was a huge fan of the 50s Zorro television show that ran on syndicated TV when I was growing up. There was no mistaking: ゾロ was Zorro.

Fast forward a few years, and I am picking out the books for my “What is Manga?” class, for which I decide to use Oda’s One Piece as representative of the shōnen demographic. A few days before class, I sat down to read the licensed translation, so as to refresh my memory, and I come across the follow anachronism: Zolo. After a few minutes of obligatory “wat”s, I finally came around and tried to think why it was they would have done this. When One Piece was scanlated, the name was at least translated as Zoro, so the similarity would be apparent. Was this an attempt to bring back Rolo’s, which, while delicious, I don’t see flying off shelves nowadays awash in candies more flashy marketing than chocolate and caramel? It was actually just before–or perhaps even in the midst of–the class in which we discussed One Piece that I realized there was a very simple reason why you would translate ゾロ as Zolo: licensing. Zorro, like Mickey and Donald and Superman and Kitty-chan, is a diligently guarded media commodity, so, while one might conceivably be able to get away with aping Zorro in Japan, it would be much harder to get away with this in the US and the larger English language market, where Zorro media are still being produced to this day.

Ba Zi, 9c. Fair Use and the Translation Stranglehold

[LINK] Inside Scanlation – Inside the world of scanlation

www.insidescanlation.com/

Very extensive fan-made resource on scanlation and its history, chock full of great info. Includes a timeline of scanlation, in-depth articles on important online hubs and scanlation groups, background info on the ins and out of scanlation and various related issues, and more. TWC did an extensive review of the site and the info on it in 2010.

Fanlore’s scanlation article is a good and quick intro to the topic, by the way. For some longer reads on scanlation, here’s a list of academic articles that are definitely worth checking out as well. (Link goes to the work-in-progress bibliography of fan studies work that TWC and Fanhackers are working on. More on that one later. If you need access to any of the articles that are behind a paywall, try requesting a copy on Fanhackers.)