It’s Binance’s new TCOM platform that’s making all the Anime and Manga noise right now. Unique to the Creator Entry Program, this new creative platform offers creators the opportunity to create original works featuring iconic characters, such as Astro Boy and Black Jack. TCOM is all about Japanese anime and comics content. Creating opportunities Their aim is to create new opportunities for remixing and new creation, which could transform the way we approach intellectual property (IP) in this space. This courageous new globe presents captivating possibilities. It also creates a confusing maze of legal hazards for creators and legal professionals alike that are forcing them to detour.
The Promise of Decentralized Anime IP Creation
TCOM’s central idea is decentralized creation and distribution of IP. Releasing anime IP on decentralized platforms gives creators agency over their work. They are now able to directly create and distribute, disintermediating the traditional third-party intermediaries. This change builds a truly direct relationship between creators and their fans. It encourages business development and creates new opportunities for revenue generation.
Additionally, the platform’s mission focuses on creator rights empowerment using smart contracts. By clearly outlining their rights and revenue streams in these contracts, anime creators have the potential to gain more control over their intellectual property. This is a radical departure from IP as we know it, where under traditional models, creators regularly relinquish a good deal of control to publishers and distributors. Smart contracts can provide clear standards and automated processes that help ensure all creators receive fair compensation, fostering more equitable partnerships.
Anime & DeFi create new model of decentralized anime fan economy. Not only does this model generate millions in new hyper-targeted fundraising and liquidity streams for the anime industry, but through DeFi’s inventive financial structures and processes come unique opportunities, like decentralized staking and funding mechanisms designed especially for manga creators. This has the potential to decentralize access to this funding and enable creators to go over and around traditional finance gatekeepers.
Navigating the Legal Minefield
Despite its clear promise, the legal landscape governing TCOM and other decentralized forms of IP creation is riddled with obstacles. In short, creators and legal professionals alike need to be sharply tuned into these potential stumbling blocks in order to circumvent costly court cases.
Copyright and Trademark Considerations
Perhaps the most consequential area of their concern is copyright law. Creators need to educate themselves on how copyright laws affect what they create. This understanding becomes especially important when using protected materials to train AI models and upon AI generating derivative works and thus needs the safe harbor from infringement. Having a nuanced understanding of fair use and transformative works is extremely important.
- Trademark Protection: Anime and manga creators should consider registering their characters, logos, and branding as trademarks. This protects against unauthorized use and helps establish a strong brand identity.
- Licensing and Permissions: Before using any copyrighted material, creators must understand the importance of obtaining licenses and permissions from rights holders. This is especially critical when creating derivative works or using AI-generated content.
- Derivative Works: Creating derivative works without proper authorization can lead to copyright infringement claims. Creators must be cautious and ensure they have the necessary rights before building upon existing works.
- AI-Generated Content: The use of AI-generated content raises complex questions about ownership, authorship, and potential copyright infringement. Creators should be aware of these issues when using AI tools and ensure they comply with all applicable laws and regulations.
Understanding the Law
Community associations working in this TCOM landscape have to be careful of their own legal traps. They still need to be confident that they don’t run afoul of applicable laws and regulations.
- Violation of State Laws: Community associations must comply with specific state laws, and failure to do so can lead to legal problems.
- Failure to Follow Governing Documents: Failing to adhere to the association's governing documents, such as the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), can result in legal disputes.
- Virtual Membership Meetings: Some states have specific laws or restrictions on holding virtual membership meetings, and associations must ensure they comply with these regulations.
- Non-compliance with Nonprofit Corporation Statutes: Associations must comply with their state's nonprofit corporation statute, which governs issues such as membership meetings, board voting, and corporate actions.
This newly announced TCOM signals a creator-centric, more decentralized future for anime and manga intellectual property. Its success is predicated on a nuanced understanding of and strategic compliance with the current legal framework. Focusing on copyright enforcement and trademark protection is an effective way to surface community input and educate creators and community associations. By following applicable regulations, they can avoid the pitfalls of TCOM and minimize the threat of legal challenges.
