Danbooru

Aozora Market's doujins?

Posted under General

I was planing to upload two Aozora Market Doujins.

Youkai to Oni no Kyoukai 「Jou」

The first doujinshi I'm going to upload, it has 70+ pages, we can say there are some transitions and blank pages so I'm going to skip those one if ever they are not necessary, they are all highres and I can absolutely say that they aren't scanlated, all of the pages are just scans. Also I'm not going to upload the cover since it's already here so I'm using the old one again.

Youkai to Oni no Kyoukai 「Ge」

a doujin contains 100+ pages, this is the sequel for the first doujinshi that I'm going to upload, more difficult since it would need more time for tagging and I think this doujins has many transitions (I'm not sure if I'm going to include them) also all are highres and not scanlated but they are also scans.

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To sum it all up it would 170+ pages and they are from a site that legally publish doujinshi. If I'm going to upload all of these, got approved then got flagged then got deleted, I can say my upload limit is fucked down to hell (well if first pages aren't approved well I would immediately stop the upload process).

We all know that Aozora Market is popular here in Danbooru also in touhou community but still I'm concerned of the criteria about doujinshi here in danbooru since some users I can consider has some issues about doujinshi.

TLDR: Can these doujinshi qualified to danbooru without me having any concern them to be deleted?

(I'm just doing what S1eth told me to do)

Also I'm going to add the artist's remarks just to give the artist some credit.

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I told him to ask because they are one hundred seventy pages, (182 total). I'm pretty sure NWF_Renim or EB will approve them when uploaded, but they should know beforehand that once the first pack of 32 images are approved, about a 150 will follow.

Edit: E-Hentai is legal?

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S1eth said:
Edit: E-Hentai is legal?

As legal as any western doujinshi/scanlation/fansub/abandonware site is. That is to say it's a probably a grey area when western distribution isn't available, and in all likelihood not when it is (though I'm not sure doujinshi really ever are).

It's probably not too far different than we are, though probably the vast majority of e-hentai is/was being sold commercially and scanned/translated whereas the majority of Danbooru is published non-commercially online.

Lunatic6 said:
TLDR: Can these doujinshi qualified to danbooru without me having any concern them to be deleted?

Speaking for myself, I almost never consider doujinshi, comic, or manga scans for approval. By and large they seem off topic here. I'd never consider approving a batch of 182 pages. The rare exception I'd consider a doujin approvable would be if each page stood entirely on its own art-wise, being full-color would be a huge plus.

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Shinjidude said:
As legal as any western doujinshi/scanlation/fansub/abandonware site is. That is to say it's a probably a grey area when western distribution isn't available, and in all likelihood not when it is (though I'm not sure doujinshi really ever are).

Eh, not really. Japan and most countries in the West are parties to several multilateral international treaties, in effect obligating them to honour one another's copyrights, so there not much of a legal grey area here. (c.f. http://en.wikipedia.org/wiki/List_of_parties_to_international_copyright_agreements) And in any case, the copyrights of the original authors are still being infringed, even if the rights of the derivative authors are unclear. Two 'wrongs' doesn't make a right, after all.

As well, Fair Use isn't much of a defence as they never let you distribute the entirety of another author's work in a non-transformative manner (and translations generally do not count), even for non-profit purposes.

Of course, practically, in cases where Western distribution is unavailable, nobody would bother to actually sue anybody, as there's practically no damages you can claim for a non-existent market, and international litigation is a massive PITA even if one ignores the whole language barrier issue. There's also not much legal precedent for cases like this.

And personally, speaking as a translator, if I actually give a damn about copyright, I wouldn't even translate anything, as most copyright laws have a provision amounting to "The author shall have the exclusive rights to translate... his work."

Also, since Comiket is still up and running, I think most Japanese are also rather lax about the whole copyright issue.

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S1eth said:
I'm pretty sure NWF_Renim or EB will approve them when uploaded, but they should know beforehand that once the first pack of 32 images are approved, about a 150 will follow.

Uh... since my name has come up here, I would like to set the record straight. I only really approve Touhou doujinshi (which I don't think should be a major focus of Danbooru) like this if I think almost every single image in the set is valuable as stand-alone artwork. From the links Lunatic6 posted, the artwork looks good to me, but I don't think it meets my standards for approval. It seems my name was brought up here because I have approved something by the same artist. Looking over those approvals again, I stand by them since they certainly meet my standards. No two works by the same artist are going to be exactly the same as far as determining whether I want to approve them. Other janitors may think differently, though. I just hope I put this out there in as nice of a way as possible in case anyone is expecting guaranteed approval from me.

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NNescio said:
Eh, not really. Japan and most countries in the West are parties to several multilateral international treaties, in effect obligating them to honour one another's copyrights, so there not much of a legal grey area here. (c.f. http://en.wikipedia.org/wiki/List_of_parties_to_international_copyright_agreements)

I think you misunderstood me. When I said "Just about as legal as..." I was implying "not that legal, but because the material is out of market (as is also the case with fansubs and abandonware) it's unlikely to be enforced." Basically the same as what you said. That's what I meant by "grey area".

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Shinjidude said:
I think you misunderstood me. When I said "Just about as legal as..." I was implying "not that legal, but because the material is out of market (as is also the case with fansubs and abandonware) it's unlikely to be enforced." Basically the same as what you said. That's what I meant by "grey area".

Ah, I see. My apologies.

Lunatic6 said:
So... if we summarize all the things here... obviously the decision will falls to a no... well I understand...

It's not against the ToS, and what you see here are personal opinions of individual members of the mod team. Not all moderators are active on the forum, and there may be someone interested. I'd go slowly and cautiously though so as to not accidentally kill your upload privileges.

Somehow, the Morino Hon doujin kind a inspire me a little, just to let you know, any moment I'm going to upload the first doujin of the series I'm planning to upload, as mostly everyone suggested I'll try to upload it slowly so it won't chop down my upload points.

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