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HG and Robotech Debates


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-If it's something that takes place within the Macross Saga (Battlecry, various Wildstorm comics, etc), it's considered a "spin-off" and they could use the original Macross designs.

-It it's something that takes place AFTER the Macross Saga (Sentinels, Shadow Chronicles), they couldn't use the designs, thus the alteration.

Nope. HG can use Macross Designs and likenesses in video games and comic books because those are considered merchandise. HG Does not have the rights to use Macross Designs in derivative works, which means any kind of film or television production.

So if HG wanted to make a crappy Shadow Chronicles video game and have VF-1's and zentradi ships in it they can, but if they where to do a Macross saga side story short film or reanimate the original series, the Couldn't use Macross designs.

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Because even though Robotech is dead, HG's stranglehold on all things Macross that they shouldn't be interfearing with isn't.

Who is actually having issues acquiring whatever Macross products they want?

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Nope. HG can use Macross Designs and likenesses in video games and comic books because those are considered merchandise. HG Does not have the rights to use Macross Designs in derivative works, which means any kind of film or television production.

So if HG wanted to make a crappy Shadow Chronicles video game and have VF-1's and zentradi ships in it they can, but if they where to do a Macross saga side story short film or reanimate the original series, the Couldn't use Macross designs.

That makes sense.

Had it been a fully-running franchise, it would have been neat to have comics, games, etc. continue the saga with original characters while the movies focus on their own thing. That's kind of what the new Star Trek movie spin-off comics did. They were more or less fanboy porn while working around the movie, which was made for a broader audience.

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Who is actually having issues acquiring whatever Macross products they want?

I think, well for me at lest...Is I want proper US or english subbed dvd and Bluray releases of M+,M7,M0,DYRL,MF and so on.

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I once was at a small meetup of fans at a comic shop with Tommy in 2003 an he mentioned they weren't going to be allowed to use Macross designs in the "new upcoming series." I was like "what about Rick Hunter?" and he responded "It won't look like Rick Hunter."

Tommy has since taken all of that back in public statements, saying that they have the license to use all of the characters, and anything you hear differently in fanboy speculation.

Yep, that kind of thing happens every now and again... when Tommy hasn't had the time to prepare an official Harmony Gold USA non-answer to a question, he'll occasionally slip up and give an honest and straightforward response. Then, I guess, he ends up getting chewed out by his boss and starts backpedaling before sending McKeever in to take the blame while he tries in vain to run damage control. Like I said earlier, that sort of announcement is nothing new. Carl said the same thing back in 1995, and they're trying to sweep that one under the rug too.

I guess it's to be expected... after all, the Robotech series is a whole far less than the sum of its parts. Macross is what sold the original series and kept the franchise alive this long, so obviously telling the fans that Macross is off the table as far as Robotech sequels are concerned is right out as far as Harmony Gold is concerned.

Who is actually having issues acquiring whatever Macross products they want?

I'd sure as hell love to have R1 DVD releases of 0, DYRL, FB2012, 7, and Frontier, plus english languages releases of Macross Chronicle, Master File, Macross the First, Macross the Ride, and maybe VF-X, VF-X2, M3, 2036, and ELS too... I'd call it an issue that pretty much all of that is impossible right now. I also find it kind of a pain to have to pay for EMS shipping for every single book that I order instead of being able to walk into my local bookstore or hobby shop.

(When you stop to consider how many of those books I ordered for translation purposes, it stacks up pretty damn fast)

Edited by Seto Kaiba
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I'd sure as hell love to have R1 DVD releases of 0, DYRL, FB2012, 7, and Frontier, plus english languages releases of Macross Chronicle, Master File, Macross the First, Macross the Ride, and maybe VF-X, VF-X2, M3, 2036, and ELS too...

Most of that would not happen, with or without HG in the way.

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A lot of truth in this thread recently.

Touché, sir. Touché.

As the organizer of Robocon 10 and someone who spent a lot of time talking with Carl about these very issues, I can assure you, Carl's comments were not taken out of context.

Sentinels designs look that way for a reason, as does RTSC for that matter.

Maverick_LSC doesn't know what he's talking about.

I'm almost willing to bet some of the nutjobs are thinking, "Quick, let's do another podcast on how this information isn't true! Hurry, let's convene on this argument." Again proven, there isn't anything to debate. Looks like the latest podcast of Robotech World was a complete waste of time, and is now on record as them being wrong, AGAIN. Good stuff.

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Most of that would not happen, with or without HG in the way.

Prior to several C&D orders from HG's lawyers, there were a lot more US sellers that sold Macross items for less then it took to buy and ship from Japan.

And I remember vaguely seeing or hearing something about the original 1/72 Macross Plus Valks selling at Toys R Us in the US way back before they were released.

It's not a matter of what you cannot find as much as what you could have found for a lot cheaper.

Most of that would not happen, with or without HG in the way.

Given the fact that all kinds of Anime get released in the US, I see no reason Macross would be any different. It's not as popular as Gundam, but it certainly has to be more popular then some of the stuff that ends up over here. Macross II and Macross Plus made it under HG's Radar. It seems illogical to assume they would have just stopped there if HG didn't get in the way.

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Duke is right. With or without HG blocking, most of that stuff would never make it here. 7 and Frontier would have music issues. DYRL? is divided in so many directions, we don't know who has what. FB2012? It's a 30-minute clip show/music video with music that would be tied up by HG. Zero? It would be the only one that won't have many problems. Books? How many anime-related production books are there, translated from Japanese in the US? Next to nil, likely zero. Novels? Nothing. Games? Very few. Music? Not much. Most are either Japanese artists trying to break into other markets or collection albums. The only things that actually have a chance of making it are animation, comics, and toys. There's not much of a market for the other stuff. And with the anime market struggling and with such a limited market for these goods, these companies have to rely on a model that makes money. And that's changing with digital distribution. A few years ago, I rarely saw people with e-readers or watching videos on their PMPs or smartphones. These days, I see e-readers, tablets, and smartphones on every corner with people staring at those screens. This is a known problem with the anime market and it's been hard for them to adapt. And then there's the phrase, "Well, I can find it online for cheaper than in a store."

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Actually, I'm not so sure Frontier would have quite the same music issue problem that 7 had. It's a different time, and plenty of shows with popular music get licensed (Haruhi, K-On!, Beck), and usually, the only problems we have these days, are when shows use music by Western artists (Zeta's themes, "I've Got a Feeling" in Beck, the Oasis song fron the intro of Eden of the East). So I don't doubt Frontier would make it out here with its music in-tact.

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I believe concerns about the music rights are overstated. There would be no hindrance to it being shown as part of the series released on DVD or shown on TV. That's inclusive in any license granted by companies in Japan. Virtually all anime has vocal music and the original production company is required to pay the artists/songwriters. Macross 7 is no different than other animes with a catalog of songs, I don't know of any case where music rights held up a release of an anime in North America.

The problem comes in releasing the music by itself on CD or other medium by itself (download, streaming, etc.); separate royalties and arrangements would have to be made to do that.

The non-release of Macross 7 is due to the fact that HG has the right to sell "Macross" products worldwide outside of Japan (via license from Tatsunoko)

The three companies involved BW, HG and TP would have to come to an agreement for that to happen.

Don't hold your breath...

Edited by Tom Bateman
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I believe concerns about the music rights are overstated. There would be no hindrance to it being shown as part of the series released on DVD or shown on TV. That's inclusive in any license granted by companies in Japan. Virtually all anime has vocal music and the original production company is required to pay the artists/songwriters. Macross 7 is no different than other animes with a catalog of songs, I don't know of any case where music rights held up a release of an anime in North America.

The market has changed since then so I don't know how that would apply now, but I do remember that in the '90 (before HG came and claimed all ownership over anything Macross), several US companies including Manga Entertainment expressed interest into bringing Macross 7 there but that it didn't happened because music had to be licensed separately and cost a gazillion of bucks. I recall someone from of these company saying that to bring Macross 7, they'd need to have all US anime companies working together due to the cost.

So I don't know why Macross 7 would be different from other anime series ; perhaps there is something in the original contracts of the series - but unless the guys at Manga Entertainment&co were full of sh*t it seemed to be the case.

-Sergorn

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Honestly the whole, "What if" is just that, speculation. But I refuse to believe that after all the years of Macross releases in various forms, Harmony Gold and their rabid lawyers have not had an affect on even a small percentage of it showing up in the US either translated, subbed, dubbed or just plain cheaper.

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The three companies involved BW, HG and TP would have to come to an agreement for that to happen.

Don't hold your breath...

I've always wondered - is it pride that's keeping the three companies from doing so? Thinking about the logic behind it:

Option A) All or any of the parties come to a compromise, they make money, just not as much as they want.

Option B) All or any of the parties hold out to get a better share, they make no money either way.

Why would you settle for option B when the end price is zero??? If you're "waiting" for a bigger payout, the product will get diluted in the market and be worth less by the time it the payout would (theoretically) happen.

Edited by Darkwater
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I've always wondered - is it pride that's keeping the three companies from doing so? Thinking about the logic behind it:

Option A) All or any of the parties come to a compromise, they make money, just not as much as they want.

Option B) All or any of the parties hold out to get a better share, they make no money either way.

Why would you settle for option B when the end price is zero??? If you're "waiting" for a bigger payout, the product will get diluted in the market and be worth less by the time it the payout would (theoretically) happen.

I think by now one company desperately wants any huge payout from this situation. Remember the "grass roots marketing" defense for RT 20XX? The other two are doing just fine regardless.

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I believe concerns about the music rights are overstated.

The music rights issue with Macross 7 is cost prohibitive. This is one subject that has been covered here ad nauseam over the past decade. DYRL, as we all know, is in legal limbo; no one really knows who owns what. Plus and II are essentially being kept down by the company that holds the rights to it. It's a small crime that a high quality release of Plus has yet to happen. Frontier, I would think, should not be much of an issue.

As far as games and publications go, I think Seto is expecting a wee bit too much. Only one game was ever planned to be released here, and there isn't a chance in hell--even if HG wasn't in the way--that any of those games would be localized and released here now. And I do not believe there is a big enough market outside of Japan to justify the kind of release of books and magazines that he is looking for.

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I believe concerns about the music rights are overstated. There would be no hindrance to it being shown as part of the series released on DVD or shown on TV. That's inclusive in any license granted by companies in Japan. Virtually all anime has vocal music and the original production company is required to pay the artists/songwriters. Macross 7 is no different than other animes with a catalog of songs, I don't know of any case where music rights held up a release of an anime in North America.

The problem comes in releasing the music by itself on CD or other medium by itself (download, streaming, etc.); separate royalties and arrangements would have to be made to do that.

The non-release of Macross 7 is due to the fact that HG has the right to sell "Macross" products worldwide outside of Japan (via license from Tatsunoko)

The three companies involved BW, HG and TP would have to come to an agreement for that to happen.

Don't hold your breath...

I was under the impression that one complication with Macross 7 was that the show uses music from various other Macross shows: Macross II, Macross Plus, DYRL, etc. Effectively would one not need to also license the music from those separate works for international distribution?

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I was under the impression that one complication with Macross 7 was that the show uses music from various other Macross shows: Macross II, Macross Plus, DYRL, etc. Effectively would one not need to also license the music from those separate works for international distribution?

I always thought that in most cases, music that is written and produced specifically for a television show, or in this case, an anime series, is inclusive to that series licensee. For example, in a perfect world, if Funimation were to get the license for Macross 7, the songs used in the production of that anime are included, and do not need to purchase a seperate license for the music, unless they planned to release a domestic CD version of the music. That's been my understanding, as in said example, Funimation is only using what was included in the production and within scope of what is granted as a licensee.

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I always thought that in most cases, music that is written and produced specifically for a television show, or in this case, an anime series, is inclusive to that series licensee. For example, in a perfect world, if Funimation were to get the license for Macross 7, the songs used in the production of that anime are included, and do not need to purchase a seperate license for the music, unless they planned to release a domestic CD version of the music. That's been my understanding, as in said example, Funimation is only using what was included in the production and within scope of what is granted as a licensee.

I was under this impression as well. For a long time, anime companies would release a "box set" containing the first volume on dvd, a wrap around box, and the soundtrack of a series. If this is what was planned for Macross 7, then perhaps the view that the soundtrack was a seperate release may have increased costs greatly, but if they were only using the series itself I can't see how it would be such a hurdle as it is said to be.

On another note, it has been stated here that Macross designs can not be used in any Robotech animation etc etc etc.....that being said does the continued sale of the Protoculture collection, which contains The Sentinels, serve as a violation due to them making money off an animated work containing Macross footage? Just curious.

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I was under this impression as well. For a long time, anime companies would release a "box set" containing the first volume on dvd, a wrap around box, and the soundtrack of a series. If this is what was planned for Macross 7, then perhaps the view that the soundtrack was a seperate release may have increased costs greatly, but if they were only using the series itself I can't see how it would be such a hurdle as it is said to be.

On another note, it has been stated here that Macross designs can not be used in any Robotech animation etc etc etc.....that being said does the continued sale of the Protoculture collection, which contains The Sentinels, serve as a violation due to them making money off an animated work containing Macross footage? Just curious.

I think they can use all the original footage they want in that regard, but it'd be nice to get better word on that in regards to incorporating original footage in a newer production.

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It definately would be nice to get clarification. When you look at anime titles that have scenes from a prior series, so few seem to do it well. One of the few I can think of that does it well is Gundam 0083:Stardust Memory, and it did so by using stills that were drawn in the same style of the show depicting previous battles (In the opening). It didn't actualy use the animation or shots from a previous series. I couldn't imagine HG ever wanting to use the original MAcross, Southern Cross, or Mospeada footage in anyway in any potential new project. That's probably why when people mention that the new sidequel could be LLA, I can't imagine how that can be seriously considered a good idea by HG.

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[...] The non-release of Macross 7 is due to the fact that HG has the right to sell "Macross" products worldwide outside of Japan (via license from Tatsunoko)

Not quite... as the court rulings illustrate, the rights to the original Macross series that Tatsunoko was granted in exchange for their involvement in its production don't extend to any of Macross's sequels. Since Harmony Gold's rights to Macross are derived from a licensing agreement with Tatsunoko, their rights don't extend to the sequels either... with the noted exception of them having gone back and separately acquired the merchandising rights to DYRL decades later. It's not their merchandising rights to the TV series that's blocking importation of other Macross shows like Macross 7... it's the trademark on the Macross name they filed for in 1999.

I've always wondered - is it pride that's keeping the three companies from doing so? Thinking about the logic behind it:

As a businessman, I would suspect that it has less to do with pride than it does the fact that what Harmony Gold is doing here is nothing short of attempted extortion. I can't imagine a company that would react well to being told that if they want to market their products under the brand they created and own, they'll have to pay royalties for the use of the name to a morally-bankrupt minor regional distributor with a side business peddling cheap imitations of their products. No sane executive would ever agree to a contract under those terms, especially not with a party that basically wants the sum total of their involvement to be collecting an undeserved share of the profits without doing any actual work. That's not exactly acting in good faith, so I can hardly blame the executives at Big West for politely but firmly declining when Harmony Gold tried to open negotiations several years ago.

As far as games and publications go, I think Seto is expecting a wee bit too much. Only one game was ever planned to be released here, and there isn't a chance in hell--even if HG wasn't in the way--that any of those games would be localized and released here now. And I do not believe there is a big enough market outside of Japan to justify the kind of release of books and magazines that he is looking for.

We'll never know... if Harmony Gold wasn't in the way, Macross would probably have a much bigger presence over here than it does, which would make it at least possible that some of those titles would be regionalized and released here... and I'd much prefer their release being unlikely but possible over being completely impossible. :p

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I always thought that in most cases, music that is written and produced specifically for a television show, or in this case, an anime series, is inclusive to that series licensee. For example, in a perfect world, if Funimation were to get the license for Macross 7, the songs used in the production of that anime are included, and do not need to purchase a seperate license for the music, unless they planned to release a domestic CD version of the music. That's been my understanding, as in said example, Funimation is only using what was included in the production and within scope of what is granted as a licensee.

I agree with you in principle but what I wanted to highlight was that the case of Macross 7 may be an exceptional one precisely because around half of the music featured in the show was NOT written and produced specifically for the show, but for previously existing movies, OVAs, TV shows, etc, and thus each are already catalogued in previous JASRACarchives, and may be subject to license fees per usage. The song the Jammingbirds sing, the Flaschakaya song that Mylene listens to in her car and Walkman, the Sharon Apple songs on the radio, the Yoko Kanno stuff playing through the speakers on Planet Zola: these tracks are all taken from other soundtracks.

I heard that one of the issues preventing the release of The Wonder Years on DVD was music licensing. I wonder if a similar issue is involved in Macross 7.

The only similar instances of BGM from another show being used in Macross Frontier that I can think of are in the Pineapple Cake episode where you can hear two Fire Bomber songs, and another one in Miss Macross when Ranka sings the Mylene arrangement version of My Boyfriend is a Pilot from the "Mylene sings Minmay" album.

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I believe concerns about the music rights are overstated. There would be no hindrance to it being shown as part of the series released on DVD or shown on TV. That's inclusive in any license granted by companies in Japan. Virtually all anime has vocal music and the original production company is required to pay the artists/songwriters. Macross 7 is no different than other animes with a catalog of songs, I don't know of any case where music rights held up a release of an anime in North America.

The problem comes in releasing the music by itself on CD or other medium by itself (download, streaming, etc.); separate royalties and arrangements would have to be made to do that.

IIRC, both Zeta Gundam and Hokuto no Ken were released in North America with BGM filling in for the original songs, because the song rights were denied to the US companies. Now that may be fine for those series, where songs don't play an important part in the story, but for something like Macross 7 (or, potentially, Frontier), it would be deadly.

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Ranka vocals being replaced by Justin Bieber *shudder* :o

Don't you mean Rebecca Black? I think she would be able to get away with it. Then again, she's only sung one single so far, so it's hard to judge. While we're going into what if's , who would do Sheryl's vocals?

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Don't you mean Rebecca Black? I think she would be able to get away with it. Then again, she's only sung one single so far, so it's hard to judge. While we're going into what if's , who would do Sheryl's vocals?

Considering how auto-tuned Rebecca Black is on her one song, I have serious doubts she can actually sing without being run though several pieces of equipment.

Bieber sounds like a girl anyway ;)

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The market has changed since then so I don't know how that would apply now, but I do remember that in the '90 (before HG came and claimed all ownership over anything Macross), several US companies including Manga Entertainment expressed interest into bringing Macross 7 there but that it didn't happened because music had to be licensed separately and cost a gazillion of bucks. I recall someone from of these company saying that to bring Macross 7, they'd need to have all US anime companies working together due to the cost.

So I don't know why Macross 7 would be different from other anime series ; perhaps there is something in the original contracts of the series - but unless the guys at Manga Entertainment&co were full of sh*t it seemed to be the case.

There is/was certainly interest in releasing Macross 7 on the part of other anime companies. Music rights and royalties are paid to the original artists/songwriters/composers through JASRAC via the company that owns the work (the licensor) and are not the responsibility of a company in America that would release the show on DVD (the licensee)

The only time something like music rights would be an issue is if it contained music from a non-JASRAC artist/songwriter/composer (as what happened with Zeta Gundam... more on that later)

I've always wondered - is it pride that's keeping the three companies from doing so? Thinking about the logic behind it:

Option A) All or any of the parties come to a compromise, they make money, just not as much as they want.

Option B) All or any of the parties hold out to get a better share, they make no money either way.

Why would you settle for option B when the end price is zero??? If you're "waiting" for a bigger payout, the product will get diluted in the market and be worth less by the time it the payout would (theoretically) happen.

As they say, it takes two to tango (or in this case, maybe three to four)

No one side is entirely at-fault and no one side is entirely blameless in this matter.

The music rights issue with Macross 7 is cost prohibitive. This is one subject that has been covered here ad nauseam over the past decade. DYRL, as we all know, is in legal limbo; no one really knows who owns what. Plus and II are essentially being kept down by the company that holds the rights to it. It's a small crime that a high quality release of Plus has yet to happen. Frontier, I would think, should not be much of an issue.

I don't believe the music rights issue is an insurmountable issue, even in regards to cost. I say that as someone who has done the research and talked to a number of friends who deal with music licenses. You would still need HG's permission to release anything with that carried name MACROSS on it. They have the international registered trademark to back them up, that may not be what people want to hear, but it's the truth; it's a matter of public record.

I was under the impression that one complication with Macross 7 was that the show uses music from various other Macross shows: Macross II, Macross Plus, DYRL, etc. Effectively would one not need to also license the music from those separate works for international distribution?

The music, as it appears in the "work", is included in any license granted to a licensee by a licensor. The only time it would be a conflict would be if the anime/foreign work contained music that was not composed/originated in Japan. This is what happened specifically with the Gundam 0083 and Zeta Gundam soundtracks (more on that later)

I was under this impression as well. For a long time, anime companies would release a "box set" containing the first volume on dvd, a wrap around box, and the soundtrack of a series. If this is what was planned for Macross 7, then perhaps the view that the soundtrack was a seperate release may have increased costs greatly, but if they were only using the series itself I can't see how it would be such a hurdle as it is said to be.

On another note, it has been stated here that Macross designs can not be used in any Robotech animation etc etc etc.....that being said does the continued sale of the Protoculture collection, which contains The Sentinels, serve as a violation due to them making money off an animated work containing Macross footage? Just curious.

Music CD rights are different from home video rights. Something separate would have to be worked out for the release of that as it would be considered a separate product outside the purview of the license for home video. This is where I could see the Macross 7 music rights could be a nightmare.

It definately would be nice to get clarification. When you look at anime titles that have scenes from a prior series, so few seem to do it well. One of the few I can think of that does it well is Gundam 0083:Stardust Memory, and it did so by using stills that were drawn in the same style of the show depicting previous battles (In the opening). It didn't actualy use the animation or shots from a previous series. I couldn't imagine HG ever wanting to use the original MAcross, Southern Cross, or Mospeada footage in anyway in any potential new project. That's probably why when people mention that the new sidequel could be LLA, I can't imagine how that can be seriously considered a good idea by HG.

Even if 0083 used animation from other Gundam series, it's all under Bandai/Sunrise. Now, theoretically, if another anime company wanted to make an anime that had a scene involving a Gundam, they would have to get permission from Bandai/Sunrise (as the copyright holder).

As the copyright holder of the 41 designs, Big West/Studio Nue would have to give permission for any of those designs to be used in any "new" animation.

As copyright holder of the Macross series, along with the international registered trademark for the "Macross" name, Tatsunoko would have to give permission for any "new" Macross series to be released internationally, outside of Japan.

Oh, you'd be shocked at what Tommy Yune thinks is a good idea.

...then again, maybe you wouldn't.

IIRC, both Zeta Gundam and Hokuto no Ken were released in North America with BGM filling in for the original songs, because the song rights were denied to the US companies. Now that may be fine for those series, where songs don't play an important part in the story, but for something like Macross 7 (or, potentially, Frontier), it would be deadly.

I am not sure about Hokuto no Ken, but the Zeta Gundam songs were based on songs composed by Neil Sedaka, he is even credited specifically on the songs. When it came time to release them in the United States, they did not want to pay the royalties associated with a release in the United States and Canada.

The Gundam 0083 composer, Mitsuo Hagita, blatantly ripped off several composers and used tracks lifted from movies like Glory, 2010, The Thing and Brainstorm. Many of the tracks were removed from the American release. It's a shame, because some of these tracks work perfectly in 0083.

Edited by Tom Bateman
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I am not sure about Hokuto no Ken, but the Zeta Gundam songs were based on songs composed by Neil Sedaka, he is even credited specifically on the songs. When it came time to release them in the United States, they did not want to pay the royalties associated with a release in the United States and Canada.

The Gundam 0083 composer, Mitsuo Hagita, blatantly ripped off several composers and used tracks lifted from movies like Glory, 2010, The Thing and Brainstorm. Many of the tracks were removed from the American release. It's a shame, because some of these tracks work perfectly in 0083.

This was also done in the U.S. release of Gunbuster. One song was completely removed from the show due to its extremem likeness of Chariots of Fire, I believe. I've always wanted to re-edit that and put it back in.

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I couldn't find the old Live Action Akira thread, so I thought this might be an appropriate spot to post this because the LAM Robo-tech and Warner Brothers. Whenever they decide to get serious about it, this issue is bound to rear its ugly head for that production as well. True, HG already made some changes to characters in the original three shows that made up Robo-tech to make the point moot, it may still be a sensitive issue, among many, especially with how the franchise came to be in the first place.

Takei to WB: Do the Right Thing

Edited by Einherjar
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So, is there any time limit to when HG could lose the trademark? Or is that just too much wishful thinking.

Wishful thinking. Tatsunoko would have to "pull" those rights (i.e., buy back the rights they sold HG), or HG would have to not renew the trademark, or someone has to sue HG (good luck with that).

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