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Legal Answer (Thu Apr 11 01:53:23 2002 )
third-child [View profile ]

kmagnuson@mediaone.net

Technically, by scanning a cel and putting it on 
line, you are in violation of international 
copyright law.  This means that the copyright 
holder (most likely Tohei, NOT Funimation) can 
ask you to cease and desist in exibiting your cel 
on line without credit despite the fact that you 
own the original artwork, as Tohei likely still 
holds the copyright to said artwork, and likely a 
trademark on the included characters.

This being said, Funimation is likely NOT the 
copyright holder.  Its IS however possible, even 
likely, that they purchased FROM Tohei exclusive 
rights to exhibit said properties (being 
Dragonball and Yu Yu Hakusho) on-line, which 
would give them the right to prosecute other 
people IN THEORY depending on the nature of the 
rights licensed.  Some rights are licensed "in 
whole" meaning they would have the right to show 
Dragonball episodes in their entirety, but those 
wishing to show screen shots or clips of said 
episodes would have to license from Tohei.  They 
could have also license those rights "in part" 
which would authorise them to go after you.

There's an additional hitch.  You COULD trump 
copyright law by claiming "fair usage", much like 
you can make copies of musical recordings for 
your own use.  You could argue that the nature of 
your site is to show friends and family members 
things you have purchased, and that the site is 
not for public consumption, and that since you 
own the artwork, you are within your legal rights 
to make limited copies for your own personal use, 
which you could claim your website is for.

All this being said, I can't really elaborate 
further without seeing Funimation's distribution 
contract.  Either way, they are unlikely to go 
beyond warning you, since you're not making any 
money.  Then again, funimation is run by a bunch 
of prick assholes, so they may attempt to make 
you cease and desist just to make a point, even 
if they don't have a clear legal right to, just 
knowing that you likely do not have the money to 
fight them.



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