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	<title>Comments on: Simon says</title>
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	<link>http://precur.wordpress.com/2007/03/28/simon-says/</link>
	<description>Spending too much on comics, then talking too much about them</description>
	<pubDate>Thu, 24 Jul 2008 16:49:28 +0000</pubDate>
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		<title>By: Journalista - the news weblog of The Comics Journal &#187; Blog Archive &#187; Apr. 2, 2007: My agenda</title>
		<link>http://precur.wordpress.com/2007/03/28/simon-says/#comment-4396</link>
		<dc:creator>Journalista - the news weblog of The Comics Journal &#187; Blog Archive &#187; Apr. 2, 2007: My agenda</dc:creator>
		<pubDate>Mon, 02 Apr 2007 12:15:20 +0000</pubDate>
		<guid isPermaLink="false">http://precur.wordpress.com/2007/03/28/simon-says/#comment-4396</guid>
		<description>[...] interesting wrinkle in commentary on the CPM/Libre grudgematch: In the comments section of David Welsh&#8217;s blog, translator William Flannigan pops in and offers some food for [...]</description>
		<content:encoded><![CDATA[<p>[...] interesting wrinkle in commentary on the CPM/Libre grudgematch: In the comments section of David Welsh&#8217;s blog, translator William Flannigan pops in and offers some food for [...]</p>
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		<title>By: Simon Jones</title>
		<link>http://precur.wordpress.com/2007/03/28/simon-says/#comment-4323</link>
		<dc:creator>Simon Jones</dc:creator>
		<pubDate>Sat, 31 Mar 2007 03:35:54 +0000</pubDate>
		<guid isPermaLink="false">http://precur.wordpress.com/2007/03/28/simon-says/#comment-4323</guid>
		<description>Mr. Flanagan--&#62;

Well, a lawsuit would be to assert the validity of the contracts they hold.  That is exactly what is under contention by Libre, and by extension, the artists.  And just to be clear, I agree with you completely that a lawsuit from CPM would accomplish nothing... I originally brought it up only as a strawman argument.  It's an option, and a very poor option, but one that's there because they may have technically licensed from the artists via, as you say, the publishers acting as agents.

Until some mangaka makes his/her disagreement known otherwise, I would have to assume that Libre is acting out his/her wish.  Honestly, I'm hoping the mangaka of the contested books are on CPM's side... it would just be more and more unlikely the long this thing remains unresolved.</description>
		<content:encoded><![CDATA[<p>Mr. Flanagan&#8211;&gt;</p>
<p>Well, a lawsuit would be to assert the validity of the contracts they hold.  That is exactly what is under contention by Libre, and by extension, the artists.  And just to be clear, I agree with you completely that a lawsuit from CPM would accomplish nothing&#8230; I originally brought it up only as a strawman argument.  It&#8217;s an option, and a very poor option, but one that&#8217;s there because they may have technically licensed from the artists via, as you say, the publishers acting as agents.</p>
<p>Until some mangaka makes his/her disagreement known otherwise, I would have to assume that Libre is acting out his/her wish.  Honestly, I&#8217;m hoping the mangaka of the contested books are on CPM&#8217;s side&#8230; it would just be more and more unlikely the long this thing remains unresolved.</p>
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		<title>By: William Flanagan</title>
		<link>http://precur.wordpress.com/2007/03/28/simon-says/#comment-4316</link>
		<dc:creator>William Flanagan</dc:creator>
		<pubDate>Sat, 31 Mar 2007 02:24:48 +0000</pubDate>
		<guid isPermaLink="false">http://precur.wordpress.com/2007/03/28/simon-says/#comment-4316</guid>
		<description>Mr. Jones,

I'm sorry, I was thrown off by your comment that Libre owns the books. (And by a general assumption that seems to pervade manga-blog/forum world that the contracts are with the publishers.) If anyone is unclear, the publishers lease certain rights from the artist. Apparently, Libre considers itself to have obtained the right to negotiate foreign-language rights on behalf of the author, including those books where the foreign-language rights have previously been leased.

I'm missing something in your comment. Why would CPM sue? A lawsuit won't get them new contracts, and they already have old contracts in hand. I could see Libre suing CPM if they think that their contracts with the artist supercedes CPM's contracts with the artists. But can't see what you think CPM's suing the artists would accomplish.

Also, to anyone who read my above comment and assumed (on reread, quite naturally) that I was in CPM's editorial department. Sorry, I wasn't. I didn't mean to mislead anyone, it was just thoughtless commenting on my part. A few years back, I headed up the editorial department at Viz, and that's where my general knowledge of the licensed-manga world comes from.</description>
		<content:encoded><![CDATA[<p>Mr. Jones,</p>
<p>I&#8217;m sorry, I was thrown off by your comment that Libre owns the books. (And by a general assumption that seems to pervade manga-blog/forum world that the contracts are with the publishers.) If anyone is unclear, the publishers lease certain rights from the artist. Apparently, Libre considers itself to have obtained the right to negotiate foreign-language rights on behalf of the author, including those books where the foreign-language rights have previously been leased.</p>
<p>I&#8217;m missing something in your comment. Why would CPM sue? A lawsuit won&#8217;t get them new contracts, and they already have old contracts in hand. I could see Libre suing CPM if they think that their contracts with the artist supercedes CPM&#8217;s contracts with the artists. But can&#8217;t see what you think CPM&#8217;s suing the artists would accomplish.</p>
<p>Also, to anyone who read my above comment and assumed (on reread, quite naturally) that I was in CPM&#8217;s editorial department. Sorry, I wasn&#8217;t. I didn&#8217;t mean to mislead anyone, it was just thoughtless commenting on my part. A few years back, I headed up the editorial department at Viz, and that&#8217;s where my general knowledge of the licensed-manga world comes from.</p>
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		<title>By: Manga Pontification &#183; FS restates herself on Be Beautiful&#8217;s Issue</title>
		<link>http://precur.wordpress.com/2007/03/28/simon-says/#comment-4304</link>
		<dc:creator>Manga Pontification &#183; FS restates herself on Be Beautiful&#8217;s Issue</dc:creator>
		<pubDate>Fri, 30 Mar 2007 21:38:03 +0000</pubDate>
		<guid isPermaLink="false">http://precur.wordpress.com/2007/03/28/simon-says/#comment-4304</guid>
		<description>[...] at David Welsh&#8217;s blog, William Flanagan, who worked for CPM&#8217;s editorial comment (keep in mind this is [...]</description>
		<content:encoded><![CDATA[<p>[...] at David Welsh&#8217;s blog, William Flanagan, who worked for CPM&#8217;s editorial comment (keep in mind this is [...]</p>
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		<title>By: Simon Jones</title>
		<link>http://precur.wordpress.com/2007/03/28/simon-says/#comment-4270</link>
		<dc:creator>Simon Jones</dc:creator>
		<pubDate>Fri, 30 Mar 2007 04:24:57 +0000</pubDate>
		<guid isPermaLink="false">http://precur.wordpress.com/2007/03/28/simon-says/#comment-4270</guid>
		<description>Mr. Flanagan--&#62;

Actually the working assumption *is* that the contracts were with the mangaka, because mangaka retain their copyright... technically, most licensing contracts are probably structured this way.  Hence I've made comments elsewhere that 1) suing the artists is a possibility.  Not a great move, but it's there.  And 2) artists standing up for CPM may be the only way to counter Libre without bloodshed.

The chances of that happening diminishes with each day, though I suppose there's the slim possibility that Libre is doing this under the artists' noses.  But if that were true, I doubt they'd have posted the original message on their website, in both English and Japanese...</description>
		<content:encoded><![CDATA[<p>Mr. Flanagan&#8211;&gt;</p>
<p>Actually the working assumption *is* that the contracts were with the mangaka, because mangaka retain their copyright&#8230; technically, most licensing contracts are probably structured this way.  Hence I&#8217;ve made comments elsewhere that 1) suing the artists is a possibility.  Not a great move, but it&#8217;s there.  And 2) artists standing up for CPM may be the only way to counter Libre without bloodshed.</p>
<p>The chances of that happening diminishes with each day, though I suppose there&#8217;s the slim possibility that Libre is doing this under the artists&#8217; noses.  But if that were true, I doubt they&#8217;d have posted the original message on their website, in both English and Japanese&#8230;</p>
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		<title>By: Adam</title>
		<link>http://precur.wordpress.com/2007/03/28/simon-says/#comment-4269</link>
		<dc:creator>Adam</dc:creator>
		<pubDate>Fri, 30 Mar 2007 03:10:30 +0000</pubDate>
		<guid isPermaLink="false">http://precur.wordpress.com/2007/03/28/simon-says/#comment-4269</guid>
		<description>There is one side to this whole situation that hasn't been touched on... what it means for CPM's ability to license more manga. Since Libre has come out about CPM, what they have effectively done is try to get CPM "blackballed" in Japan. That can never be a good thing.</description>
		<content:encoded><![CDATA[<p>There is one side to this whole situation that hasn&#8217;t been touched on&#8230; what it means for CPM&#8217;s ability to license more manga. Since Libre has come out about CPM, what they have effectively done is try to get CPM &#8220;blackballed&#8221; in Japan. That can never be a good thing.</p>
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		<title>By: William Flanagan</title>
		<link>http://precur.wordpress.com/2007/03/28/simon-says/#comment-4268</link>
		<dc:creator>William Flanagan</dc:creator>
		<pubDate>Fri, 30 Mar 2007 02:01:02 +0000</pubDate>
		<guid isPermaLink="false">http://precur.wordpress.com/2007/03/28/simon-says/#comment-4268</guid>
		<description>Everyone, including Libre it seems, are working from the assumption that CPM's contracts are with Biblos. I can't think of any contracts I've seen that were with the publisher. All contracts are negotiated with the artist through the publisher who is acting as agent. If the agent goes belly-up does the contract become null and void? Certainly the artist's contract with the agent is canceled, but are all contracts negotiated on behalf of the artist by the agent canceled also? My guess is no.

I understand why people would assume that the contracts are with the publisher rather than the artists since the publishers have enormous power over the artists. But the ultimate right rests not with the publisher but with the artist, and is there for the artist to assert. (Some artists have asserted their rights with their Japanese publishers and use their own agency rather than the publisher to arrange for foreign licences of their work.)

From Libre's point of veiw, they now have the right to negotiate contracts on behalf of the artists, but CPM is working on contracts that don't include a percentage for them (and probably at lower-than-present-market rates for the artists). I can see them getting upset over this. But I rather doubt that Libre's legal assertions are correct.

Just to note: I was in editorial and not licensing, and I have no background in law. My experiences with licensing (although many and varied) are mostly from how the licenses affect editorial, and from long talks with licensing people.</description>
		<content:encoded><![CDATA[<p>Everyone, including Libre it seems, are working from the assumption that CPM&#8217;s contracts are with Biblos. I can&#8217;t think of any contracts I&#8217;ve seen that were with the publisher. All contracts are negotiated with the artist through the publisher who is acting as agent. If the agent goes belly-up does the contract become null and void? Certainly the artist&#8217;s contract with the agent is canceled, but are all contracts negotiated on behalf of the artist by the agent canceled also? My guess is no.</p>
<p>I understand why people would assume that the contracts are with the publisher rather than the artists since the publishers have enormous power over the artists. But the ultimate right rests not with the publisher but with the artist, and is there for the artist to assert. (Some artists have asserted their rights with their Japanese publishers and use their own agency rather than the publisher to arrange for foreign licences of their work.)</p>
<p>From Libre&#8217;s point of veiw, they now have the right to negotiate contracts on behalf of the artists, but CPM is working on contracts that don&#8217;t include a percentage for them (and probably at lower-than-present-market rates for the artists). I can see them getting upset over this. But I rather doubt that Libre&#8217;s legal assertions are correct.</p>
<p>Just to note: I was in editorial and not licensing, and I have no background in law. My experiences with licensing (although many and varied) are mostly from how the licenses affect editorial, and from long talks with licensing people.</p>
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		<title>By: More on CPM&#8217;s Licensing Struggles &#187; Comics Worth Reading</title>
		<link>http://precur.wordpress.com/2007/03/28/simon-says/#comment-4262</link>
		<dc:creator>More on CPM&#8217;s Licensing Struggles &#187; Comics Worth Reading</dc:creator>
		<pubDate>Thu, 29 Mar 2007 20:40:56 +0000</pubDate>
		<guid isPermaLink="false">http://precur.wordpress.com/2007/03/28/simon-says/#comment-4262</guid>
		<description>[...] further discussion at Precocious Curmudgeon, in which Simon Jones (he of the good discussion but NSFW site) argues that Libre&#8217;s claim is [...]</description>
		<content:encoded><![CDATA[<p>[...] further discussion at Precocious Curmudgeon, in which Simon Jones (he of the good discussion but NSFW site) argues that Libre&#8217;s claim is [...]</p>
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		<title>By: Lyle</title>
		<link>http://precur.wordpress.com/2007/03/28/simon-says/#comment-4253</link>
		<dc:creator>Lyle</dc:creator>
		<pubDate>Thu, 29 Mar 2007 14:26:00 +0000</pubDate>
		<guid isPermaLink="false">http://precur.wordpress.com/2007/03/28/simon-says/#comment-4253</guid>
		<description>Simon, thanks for answering my questions about how Biblios' bankruptcy might have voided their agreements, I've been looking for that explanation, so your comment helped me understand this situation better. This story has been a frustrating one for me to follow since I haven't seen enough detail to feel okay playing amateur legal hour myself. I've become a bit spoiled by how in the internet age, legal documents eventually become public giving me a chance to understand each side's case. As I said, my American pop culture geek bias tends to go against the party making the worst accusations... OTOH, having worked at a company struggling to stay afloat I've seen how the "It's better to seek forgiveness than permission" principle goes into place when you've got a dilemma that would cut off revenue.

You're right, the most interesting bit is that a major relationship for CMP is having a public crisis. Even if Biblios' agreements with CPM continue to be valid, CPM will eventually have to negotiate an agreement with Libre, which could be an opportunity for another publisher.

David, thanks for the edit.</description>
		<content:encoded><![CDATA[<p>Simon, thanks for answering my questions about how Biblios&#8217; bankruptcy might have voided their agreements, I&#8217;ve been looking for that explanation, so your comment helped me understand this situation better. This story has been a frustrating one for me to follow since I haven&#8217;t seen enough detail to feel okay playing amateur legal hour myself. I&#8217;ve become a bit spoiled by how in the internet age, legal documents eventually become public giving me a chance to understand each side&#8217;s case. As I said, my American pop culture geek bias tends to go against the party making the worst accusations&#8230; OTOH, having worked at a company struggling to stay afloat I&#8217;ve seen how the &#8220;It&#8217;s better to seek forgiveness than permission&#8221; principle goes into place when you&#8217;ve got a dilemma that would cut off revenue.</p>
<p>You&#8217;re right, the most interesting bit is that a major relationship for CMP is having a public crisis. Even if Biblios&#8217; agreements with CPM continue to be valid, CPM will eventually have to negotiate an agreement with Libre, which could be an opportunity for another publisher.</p>
<p>David, thanks for the edit.</p>
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		<title>By: ChunHyang72</title>
		<link>http://precur.wordpress.com/2007/03/28/simon-says/#comment-4252</link>
		<dc:creator>ChunHyang72</dc:creator>
		<pubDate>Thu, 29 Mar 2007 14:20:45 +0000</pubDate>
		<guid isPermaLink="false">http://precur.wordpress.com/2007/03/28/simon-says/#comment-4252</guid>
		<description>I don't think we can read too much into CPM's public silence. Whether your client is charged with bumping off his parents or is embroiled in a contractual dispute, most responsible lawyers don't try their cases in public. They work behind the scenes to resolve things without setting toe in court. Only the flashiest (or most foolish) lawyers let their clients speak freely about a pending legal matter. My guess is that CPM is just being "jurisprudent."

That's my wild act of fan speculation for the day.</description>
		<content:encoded><![CDATA[<p>I don&#8217;t think we can read too much into CPM&#8217;s public silence. Whether your client is charged with bumping off his parents or is embroiled in a contractual dispute, most responsible lawyers don&#8217;t try their cases in public. They work behind the scenes to resolve things without setting toe in court. Only the flashiest (or most foolish) lawyers let their clients speak freely about a pending legal matter. My guess is that CPM is just being &#8220;jurisprudent.&#8221;</p>
<p>That&#8217;s my wild act of fan speculation for the day.</p>
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