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AkumaChef
Joined: 10 Jan 2019
Posts: 821
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Posted: Sun Jun 07, 2020 3:10 pm
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simona.com wrote: | they said "unsolicited" - that means stories that people submit to the company without being asked. i.e. nothing to do with contests. material sent to contests is not "unsolicited". |
Obviously.
The point is that if legal terms of this sort apply to solicited requests, such as contests, one would expect that they--if not even stricter terms--would apply to unsolicited submissions; unsolicited submissions, by their very nature, have no expectation of anything.
It is legal boilerplate, nothing more.
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nargun
Joined: 29 Mar 2006
Posts: 925
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Posted: Sun Jun 07, 2020 4:18 pm
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AkumaChef wrote: | The point is that if legal terms of this sort apply to solicited requests, such as contests, one would expect that they--if not even stricter terms--would apply to unsolicited submissions; unsolicited subimissions, by their very nature, have no expectation of anything. |
People, this is not true.
(the default is that people have "rights"; a submission process involves the creation of a contract where those rights are traded away in return for being looked at. Unsolicited submissions outside a submission process don't invoke any contract and so the default situation remains. Akumachef doesn't I think understand the normal situation and "expects" (falsely) that people have no rights to their work, which leads him astray)
Akumachef: the problem with intuiting things out from your own expectation is that if your expectation is wrong your conclusions will be too. If you're going to do tjis you need to express your conclusions with much less certainty and you need to be actively looking for evidence you might be wrong.
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ThrowMeOut
Joined: 10 Oct 2018
Posts: 260
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Posted: Sun Jun 07, 2020 4:47 pm
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I can't think of a single example of an anime being made from an unsolicited manuscript some rando mailed them. They're always either commissioned, a passion project of someone already in the industry, or from a reputable writer who likely has an agent.
Anyone who's worked in an artistic, fiction-related field will attest that 99% of the unsolicited manuscripts they receive are not worth a second glance.
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AmpersandsUnited
Joined: 22 Mar 2012
Posts: 633
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Posted: Sun Jun 07, 2020 4:57 pm
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ThrowMeOut wrote: | I can't think of a single example of an anime being made from an unsolicited manuscript some rando mailed them. They're always either commissioned, a passion project of someone already in the industry, or from a reputable writer who likely has an agent.
Anyone who's worked in an artistic, fiction-related field will attest that 99% of the unsolicited manuscripts they receive are not worth a second glance. |
It's more than likely just a boilerplate legal disclaimer. Especially notable after the KyoAni incident where they were accused of plagiarizing the arsonist's story.
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Lynx Raven Raide
Joined: 01 Nov 2017
Posts: 412
Location: Central Coast, AU
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Posted: Sun Jun 07, 2020 5:15 pm
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AmpersandsUnited wrote: |
ThrowMeOut wrote: | I can't think of a single example of an anime being made from an unsolicited manuscript some rando mailed them. They're always either commissioned, a passion project of someone already in the industry, or from a reputable writer who likely has an agent.
Anyone who's worked in an artistic, fiction-related field will attest that 99% of the unsolicited manuscripts they receive are not worth a second glance. |
It's more than likely just a boilerplate legal disclaimer. Especially notable after the KyoAni incident where they were accused of plagiarizing the arsonist's story. |
Only problem with connecting this is, correct me if I am wrong, but the author in the KyoAni case did submit it as part of a competition. It could be just an emphasis for those sending outside competitions though.
nargun wrote: |
AkumaChef wrote: | The point is that if legal terms of this sort apply to solicited requests, such as contests, one would expect that they--if not even stricter terms--would apply to unsolicited submissions; unsolicited subimissions, by their very nature, have no expectation of anything. |
People, this is not true.
(the default is that people have "rights"; a submission process involves the creation of a contract where those rights are traded away in return for being looked at. Unsolicited submissions outside a submission process don't invoke any contract and so the default situation remains. Akumachef doesn't I think understand the normal situation and "expects" (falsely) that people have no rights to their work, which leads him astray) |
This is where the grey area comes in cause the submission process, thus contract created, works as proof it was theirs. On the other hand, for unsolicited submissions, the author needs to provide proof it was sent and there needs to be proof that it was received and read. That's where the problem lies, in that it is easier for the company to hide the receival than it is for the author to prove that they have received it.
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AkumaChef
Joined: 10 Jan 2019
Posts: 821
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Posted: Mon Jun 08, 2020 8:45 am
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nargun wrote: |
AkumaChef wrote: | The point is that if legal terms of this sort apply to solicited requests, such as contests, one would expect that they--if not even stricter terms--would apply to unsolicited submissions; unsolicited subimissions, by their very nature, have no expectation of anything. |
People, this is not true.
(the default is that people have "rights"; a submission process involves the creation of a contract where those rights are traded away in return for being looked at. Unsolicited submissions outside a submission process don't invoke any contract and so the default situation remains. Akumachef doesn't I think understand the normal situation and "expects" (falsely) that people have no rights to their work, which leads him astray)
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That is my point exactly. If unsolicited submissions have no contract then there is no expectation of anything at all. With a solicited submission, like a contest, there are clear legal terms which everyone can read and understand up front. With an unsolicited submission there is no such contract and as you said "the default situation remains". The default situation is no contract or legal agreement and therefore no expectation of anything....perhaps not legally, but certainly practically.
I am fully aware that in many countries it would be illegal for studio (for example) to produce a work based on an unsolicited submission without crediting or otherwise compensating the person who submitted it, but practically speaking that often does not happen and is very difficult to prove in court. An author, writer, artist, musician, or in my experience an engineer who has an idea to share would be a fool to share their work without a strong, and specific, legal contract prior to doing so. The law might theoretically be on their side but proving that involves messy legal battles at best and is impossible at worst, hence the need for a contract.
Lynx Raven Raide
From what I have read the KyoAni arsonist claimed that KyoAni "ripped off his ideas", however KyoAni's official statements have been very clear that they received no submissions under his name.
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gsilver
Joined: 04 Nov 2007
Posts: 618
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Posted: Mon Jun 08, 2020 9:21 am
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I have an idea for an anime: It’s called The Simpsons Already Did It in Another World, But That’s OK, so I’ll Send it in Anyway
It’s about how every story in media resembles another, already told story, but they were told in this world, so the main character becomes a massive writing success because he has been transferred to another world, where no one has heard them before.
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overlordrae
Joined: 16 Dec 2010
Posts: 90
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Posted: Mon Jun 08, 2020 1:27 pm
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Much of American media creators already do this. Some authors can't read fanfic per their contract because of the legal issues with Marion Zimmer Bradley possibly taking ideas from a fanfic writer(the situation itself was a bit more complex than that but still)
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