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ekop

Well-Known Member
Aug 31, 2008
376
1,440
So actresses will what have a month after release to have it pulled, and if they don't get it pulled within that one month they have to wait 5 years for the next chance?

I can see a lot of ways for Studios, and agencies to abuse that, AV actresses with all that fuss that was thrown out there, these don't help them much it just protects the studios and agencies

I don't remember reading about 1 month rule from that article, it's illogical from bussiness perspective unless there's insurance plan for that which is unlikely
From what I understand once the girl shooting AV the ball is rolling and the first chance you have to stop it is 5 years later
 

jwlim80

Well-Known Member
Jun 23, 2017
506
301
So actresses will what have a month after release to have it pulled, and if they don't get it pulled within that one month they have to wait 5 years for the next chance?

I can see a lot of ways for Studios, and agencies to abuse that, AV actresses with all that fuss that was thrown out there, these don't help them much it just protects the studios and agencies

How things work currently is that the studio present the actress with a script and what they expect her to do on screen. If the actress agree, a contract is sign and they proceed to film.

The propose change is that now there is a cooling off period for her to think it through before the filming starts. Of course, they also proposed a 3rd party to witness the signing and everything will be captured on video.
 

ldjb

ゴローさんの一番ファン
Jan 5, 2016
44
39
To put it in simpler terms, as I understand it, the proposed measure would allow actresses to force distribution of a work she appeared in after five years have passed since its release.

Studios and distributors would still be allowed to halt distribution whenever they wanted to. They are not obliged to continue distribution of a work. They may still need to do that if there are other legal issues, or if the company goes bankrupt or something.

Actresses could also ask for distribution of their works to be halted before five years, but in that case, the companies involved would have no obligation to do so. But they might anyway.

Also, the actress wouldn't need to request a halt exactly after five years. They might ask after six, seven, ten, fifteen, etc. years, and I imagine that would still need to be complied with.

Separate to all of this, there is the proposal to have a cooling off period after the contract is signed, but before filming begins. That is a separate matter that doesn't involve videos being taken off shelves (because the video wouldn't have been made yet).

At least, that is my understanding of this.
 

silent1one

Well-Known Member
Dec 10, 2016
831
280
Is it 5 years for each subsequent title , 5 years after they debut, or 5 years after they retire?
 

ldjb

ゴローさんの一番ファン
Jan 5, 2016
44
39
Is it 5 years for each subsequent title , 5 years after they debut, or 5 years after they retire?
I'm not entirely sure, but I suspect it would be five years from the date the footage was shot.

If it were, say, five years from a video's release date, studios could simply reuse the same footage in a new release to get around the restriction.

Basing it on the dates of an actress's debut or retirement doesn't make much sense to me.
 

ding73ding

Akiba Citizen
Oct 25, 2009
2,332
2,070
My take is this:
The general industry practice will not change. Certain things like "(4)面接、契約、撮影時などにおける現場録画での可視化" is either completely impractical or it will turn into a farce.

(6)オムニバス作品(総集編)制作時における出演女優への報酬支払い(二次利用料の発生) is the only major change. It's very sensible and fair. Any actress whose work can generate a second profit for the studio should also give the actress some compensation. But I am a bit cynical, I doubt the industry will really carry it out.

All the rest ... like the cooling period, yeah... it sounds good on paper, but I have zero faith it would be implemented seriously and there will be any real effect.

The whole thing smells like "plausible deniability and ironclad contract" variety.

But the industry do have a real problem that a few bad apple (or even... I think it was just one rogue manager ??) and several unhappy current and former idols had given the industry a very bad image. So... ok I accept these "reform" effort may be helpful for the industry image. But I am 100% sure these reforms are at best harmless, at worse they will create more confusion and more covers for bad apples. So fine do the "ruling" or "hotline" or "arbitration machinery" (仲裁機関) for the PR repair. But the industry need to fix some internal problems, quietly.

But what the industry really need to do is internal communication and training. Ironically I think the AV industry need isn't laws and courts, but the yakuza. Look it's a sin industry, there's no one better at running sin economy than the yakuza. They can check on the agents the managers and the performers make sure no one is rocking the boat. Deal with abusive managers and disgruntle idols before it breaks into public scandals.

The bottomline is AV industry image problem directly translate into recruitment problem as pretty girls (assuming economy isn't in the shit hole) will choose other jobs than AV. So the industry (and yakuza?) need to prevent public scandals (legal cases, drug abuse, suicides, all are bad). Other than that, please don't try to pretend it's not an exploitative industry, with things like video recording of interview and contract signing, WHAT A LAUGH!
 

paparoach408

Akiba Citizen
Jun 14, 2012
1,010
714
^More yakuza would just make it more corrupt, sure it would be more quiet but doesn't mean better it's a very exploitative industry as it is already, more yakuza involvement would make it 100 times worse, we'd just hear way less about it
 
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jwlim80

Well-Known Member
Jun 23, 2017
506
301
My take is this:
The general industry practice will not change. Certain things like "(4)面接、契約、撮影時などにおける現場録画での可視化" is either completely impractical or it will turn into a farce.

(6)オムニバス作品(総集編)制作時における出演女優への報酬支払い(二次利用料の発生) is the only major change. It's very sensible and fair. Any actress whose work can generate a second profit for the studio should also give the actress some compensation. But I am a bit cynical, I doubt the industry will really carry it out.

All the rest ... like the cooling period, yeah... it sounds good on paper, but I have zero faith it would be implemented seriously and there will be any real effect.

The whole thing smells like "plausible deniability and ironclad contract" variety.

But the industry do have a real problem that a few bad apple (or even... I think it was just one rogue manager ??) and several unhappy current and former idols had given the industry a very bad image. So... ok I accept these "reform" effort may be helpful for the industry image. But I am 100% sure these reforms are at best harmless, at worse they will create more confusion and more covers for bad apples. So fine do the "ruling" or "hotline" or "arbitration machinery" (仲裁機関) for the PR repair. But the industry need to fix some internal problems, quietly.

But what the industry really need to do is internal communication and training. Ironically I think the AV industry need isn't laws and courts, but the yakuza. Look it's a sin industry, there's no one better at running sin economy than the yakuza. They can check on the agents the managers and the performers make sure no one is rocking the boat. Deal with abusive managers and disgruntle idols before it breaks into public scandals.

The bottomline is AV industry image problem directly translate into recruitment problem as pretty girls (assuming economy isn't in the shit hole) will choose other jobs than AV. So the industry (and yakuza?) need to prevent public scandals (legal cases, drug abuse, suicides, all are bad). Other than that, please don't try to pretend it's not an exploitative industry, with things like video recording of interview and contract signing, WHAT A LAUGH!

Last I heard, the Yakuzas are engaged in their own civil war and having recruitment issues. The cops, noting those 2 major issues, are exploiting them with crackdowns. So don't expect any intervention from the 839 for the time being.

Of course, everything are just rules and guidelines which are left to interpretations such as the ill define 5 year rule. Do note that the entire industry had been treading the gray area for far too long and the operators are already experienced in twisting facts for their benefits. There will definatly be loopholes to be exploited until the next big scandal.

Speaking of the 5 year rule. It is beneficial in a sense that there will be less of any last minute regrets by the talents as there are still instances of them now such as KAWD-847 which is out in the wild but delisted from official listing.

But how many talents are remembered after 5 years ? And how many of their footages will be reused ? It's not like porn are classics like Gone With The Wind and Casablaca.
 

ding73ding

Akiba Citizen
Oct 25, 2009
2,332
2,070
^More yakuza would just make it more corrupt, sure it would be more quiet but doesn't mean better it's a very exploitative industry as it is already, more yakuza involvement would make it 100 times worse, we'd just hear way less about it
Well in the "good old days", yakuza were less corrupt than the police and the government, LOL!

They are criminal in nature but they were smart enough to run a sustainable m.o. They know how to operate in a way that police and politicians (and the public citizenry, ultimately) won't do whatever necessary to destroy the yakuza.

But indeed, that might be a bygone era. So the unfortunate conclusion might be: there's no viable path out of this. You can't expect the (legal or political) establishment to sort out the industry internal problem (how t0 reduce exploitation/abuse to a sustainable level) if the main objective is to help the industry stabilize or even become stronger than now. JAV might be on a slow (very very slow, hopefully) downward spiral towards oblivion.

Last I heard, the Yakuzas are engaged in their own civil war and having recruitment issues. The cops, noting those 2 major issues, are exploiting them with crackdowns. So don't expect any intervention from the 839 for the time being.

Of course, everything are just rules and guidelines which are left to interpretations such as the ill define 5 year rule. Do note that the entire industry had been treading the gray area for far too long and the operators are already experienced in twisting facts for their benefits. There will definatly be loopholes to be exploited until the next big scandal.

Speaking of the 5 year rule. It is beneficial in a sense that there will be less of any last minute regrets by the talents as there are still instances of them now such as KAWD-847 which is out in the wild but delisted from official listing.

But how many talents are remembered after 5 years ? And how many of their footages will be reused ? It's not like porn are classics like Gone With The Wind and Casablaca.
Indeed you might be right. Today's yakuza might be far weaker and also less "ethical" than the "good old days".

The 5 year thing is an absolute red herring. It is an non-issue except for one silly demands from one single vengeful ex-idol. I'm not dismissing her complaints, she might indeed have been exploited in her career, but trying to have her old vids removed from Amazon/DMM is plain silly on her part. After 5 years, unless you are planning to become politician or high society (hahaha very funny) the only one searching and discovering some 5+ year old AV is still available on DMM is herself.
If she hadn't make a big deal out of it, I bet sales number for those old vids of her is a big fat zero.

For one thing how does 5 year rule deals with compilation/box set? Let's say a girl debut in 2010, retires in 2016, at her retirement she might wish to regain her anonymity/privacy. So she ask for her 2010 and 2011 vids to be removed from DMM. DMM + studio say ok, that's your right. In 2017, studio publish a 8-DVD box set of her whole career, so of course her debut vid(s) will be in it. But 5 year rule won't prevent old vids or old footage to be re-published. So her early vids is being sold and profited again. The first chance she can try to wipe clean is 2021, she could ask all vids from 2010-2016 to be removed (delisted, as jwlim says) but what about that 2017 box set? Is there anything in these rules that entitle her to prevent the 2017 post-retirement box set to be published in the first place? Seems she has to wait until 2022 to delist the box set.

(I only recently noticed a post-retirement boxset, I forgot who, not Ai Uehara, but someone slightly lower in status... could be Ayumi Shinoda?? I remember thinking oh... that's not very nice of the studio, she might not want any more exposure (so to speak) anyway I was at the same time skeptical how much profit could the studio got from a boxset of an idol who's fading out of the fandom consciousness)

So fine... the industry has to pretend to respond to THE ISSUE, so construct a pretend-rule that provide the standard plausible deniability. The chance that a future-ex-idol will actually eventually invoke such rule to exercise her "right" is near enough ZERO. Anyway the vast majority of AV don't have any shelf life after 24 months. So 5 years seems safe enough for industry profitability. For the tiny tiny minority of vids that still sell after 5 years (what? 3 copies a year?) I bet that the rule/process will leave enough holes for the industry to squeeze that last final drips of profits. Anyway if a vid has shelf life over 5 years, pretty much can predict the performer is a long career top idol in the same ranks as Ai Uehara and Yuma Asami and Sora Aoi, those girls are very very unlikely to turn vengeful against the industry.


Of course I could be wrong... one morning Ai Uehara might wake up to find she's 25 years old, have 8000 yens in her bank account, mortgage payment due in 7 days, is unemployable and unmarryable. And suddenly being a tool for conservative politicians against AV industry might seem attractive for quick cash and fame.
 

ding73ding

Akiba Citizen
Oct 25, 2009
2,332
2,070
That also reminds me that laws in Germany and Japan force all car owners, taxi, truck company, bus company etc to junk their cars after a few years (I forgot how long but it's a ridiculously short time). When I first traveled to Germany I said to my German friend, why does every car look so new? She said, "because they (all) are actually new".

So the industry might even welcome a government ruling/law that might force-delist all "immoral" or "exploitative" vid X years after publication. That way the fans only select from recent vids, drives up sales.
 

jwlim80

Well-Known Member
Jun 23, 2017
506
301
The 5 year thing is an absolute red herring. It is an non-issue except for one silly demands from one single vengeful ex-idol. I'm not dismissing her complaints, she might indeed have been exploited in her career, but trying to have her old vids removed from Amazon/DMM is plain silly on her part. After 5 years, unless you are planning to become politician or high society (hahaha very funny) the only one searching and discovering some 5+ year old AV is still available on DMM is herself.
If she hadn't make a big deal out of it, I bet sales number for those old vids of her is a big fat zero.

For one thing how does 5 year rule deals with compilation/box set? Let's say a girl debut in 2010, retires in 2016, at her retirement she might wish to regain her anonymity/privacy. So she ask for her 2010 and 2011 vids to be removed from DMM. DMM + studio say ok, that's your right. In 2017, studio publish a 8-DVD box set of her whole career, so of course her debut vid(s) will be in it. But 5 year rule won't prevent old vids or old footage to be re-published. So her early vids is being sold and profited again. The first chance she can try to wipe clean is 2021, she could ask all vids from 2010-2016 to be removed (delisted, as jwlim says) but what about that 2017 box set? Is there anything in these rules that entitle her to prevent the 2017 post-retirement box set to be published in the first place? Seems she has to wait until 2022 to delist the box set.

There's enough space to argue that the 5 year clause starts from when the footages are filmed if solid evidence is presented though, such as a specific contract dating the start of a filming. As I said, this rule is ill defined for a reason.

So fine... the industry has to pretend to respond to THE ISSUE, so construct a pretend-rule that provide the standard plausible deniability. The chance that a future-ex-idol will actually eventually invoke such rule to exercise her "right" is near enough ZERO. Anyway the vast majority of AV don't have any shelf life after 24 months. So 5 years seems safe enough for industry profitability. For the tiny tiny minority of vids that still sell after 5 years (what? 3 copies a year?) I bet that the rule/process will leave enough holes for the industry to squeeze that last final drips of profits. Anyway if a vid has shelf life over 5 years, pretty much can predict the performer is a long career top idol in the same ranks as Ai Uehara and Yuma Asami and Sora Aoi, those girls are very very unlikely to turn vengeful against the industry.

The Yamaguchi sisters are still memorable after 7 years and their videos are still up for purchased on DMM. There's reasons to believe that they do not enjoy their short porn career though.
 
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ding73ding

Akiba Citizen
Oct 25, 2009
2,332
2,070
There's enough space to argue that the 5 year clause starts from when the footages are filmed if solid evidence is presented though, such as a specific contract dating the start of a filming. As I said, this rule is ill defined for a reason.

The Yamaguchi sisters are still memorable after 7 years and their videos are still up for purchased on DMM. There's reasons to believe that they do not enjoy their short porn career though.
I don't know them, (at least can't recall who u referring to) so it's dangerous to challenge what you said, but still... what is the chance that someone only "discover" Yamaguchi sisters in 2017 and curious enough to spend money to buy their 2010 AV from DMM? I argue that over 99.999% of their "fans" discovered her within 2010-2015, and anyone interested already brought their AV within that 5 years window. Yes sure there's a market for old anything, but the sales record for even the famous Yamaguchi sisters is probably in the single digit (per year). There's still Yahoo auction, easy enough for industry insider to capture those last drips of sales on that platform.

No matter what, you gotta admit Yamaguchi sisters are pretty unique case, even if the ill defined rule doesn't give the studio/DMM total advantage, the industry must have calculated that 5 years is long enough that the economic cost is close to zero.
 

ding73ding

Akiba Citizen
Oct 25, 2009
2,332
2,070
Take a step back... I have not been following industry news/gossip closely... The law enforcement/law suits that triggered all these, what's the current trend now?

I noticed with joy and no-surprise that the "ban" on outdoor AV is short-lived. Also the oppression of uncensored industry, has it quiet down?
 

paparoach408

Akiba Citizen
Jun 14, 2012
1,010
714
There's enough space to argue that the 5 year clause starts from when the footages are filmed if solid evidence is presented though, such as a specific contract dating the start of a filming. As I said, this rule is ill defined for a reason.



The Yamaguchi sisters are still memorable after 7 years and their videos are still up for purchased on DMM. There's reasons to believe that they do not enjoy their short porn career though.

I don't know them, (at least can't recall who u referring to) so it's dangerous to challenge what you said, but still... what is the chance that someone only "discover" Yamaguchi sisters in 2017 and curious enough to spend money to buy their 2010 AV from DMM? I argue that over 99.999% of their "fans" discovered her within 2010-2015, and anyone interested already brought their AV within that 5 years window. Yes sure there's a market for old anything, but the sales record for even the famous Yamaguchi sisters is probably in the single digit (per year). There's still Yahoo auction, easy enough for industry insider to capture those last drips of sales on that platform.

No matter what, you gotta admit Yamaguchi sisters are pretty unique case, even if the ill defined rule doesn't give the studio/DMM total advantage, the industry must have calculated that 5 years is long enough that the economic cost is close to zero.

One of the Yamaguchi sisters was a former, actually one of the original Big Name girls of AKB48 Rina Nakanishi, rumor after they retired as to why the got into the JAV industry is because there parents where in big debt and they did it to repay it. People will look her up and still buy because of the AKB48 connection, she was the first of them to join JAV, and she was a big time girl,
 
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jwlim80

Well-Known Member
Jun 23, 2017
506
301
I don't know them, (at least can't recall who u referring to) so it's dangerous to challenge what you said, but still... what is the chance that someone only "discover" Yamaguchi sisters in 2017 and curious enough to spend money to buy their 2010 AV from DMM? I argue that over 99.999% of their "fans" discovered her within 2010-2015, and anyone interested already brought their AV within that 5 years window. Yes sure there's a market for old anything, but the sales record for even the famous Yamaguchi sisters is probably in the single digit (per year). There's still Yahoo auction, easy enough for industry insider to capture those last drips of sales on that platform.

No matter what, you gotta admit Yamaguchi sisters are pretty unique case, even if the ill defined rule doesn't give the studio/DMM total advantage, the industry must have calculated that 5 years is long enough that the economic cost is close to zero.

One of the Yamaguchi sisters was a former, actually one of the original Big Name girls of AKB48 Rina Nakanishi, rumor after they retired as to why the got into the JAV industry is because there parents where in big debt and they did it to repay it. People will look her up and still buy because of the AKB48 connection, she was the first of them to join JAV, and she was a big time girl,

It is correct to say that 99% of those transient porn star who are in for about a year or so will be forgotten after half a decade. But some impressions are just too deep to be forgotten.

Here is an example :-

https://www.amazon.co.jp/日本中が待望した国民...etailBullets_secondary_view_div_1507686047734

Alice Japan remastered her entire catalog for blu rays 6 years after the intial DVD releases for a new group of audience.

That aside, the 5 year rule just shows how Japanese society works. There's a underlying stigma aganist sex in their society and the porn history of a former actress is like a bad memory if she does not come to terms with it. An option to exocise them from official records is a little consolation even if the internet never forgets.
 

ding73ding

Akiba Citizen
Oct 25, 2009
2,332
2,070
^ thanks for patient explanation. I've made all my arguments already. I think the Yamaguchi explanation confirms and reinforces my view. It cost the industry (almost) nothing and it will have (almost) zero effect to help or protect idols and ex-idols. If there's still disagreement, let's agree to disagree. Moving on...
 

ding73ding

Akiba Citizen
Oct 25, 2009
2,332
2,070
It is correct to say that 99% of those transient porn star who are in for about a year or so will be forgotten after half a decade. But some impressions are just too deep to be forgotten.
Here is an example :-
Yeah... that might seems like pie in my face. But is it??

Yes in some very rare case, interest in old AV might be enough to remaster in blu-ray (true high def?). GODS if they do that for Takako Kitahara I would take out a loan to buy it. Really I'm having a hard-on thinking about it.

But those cases (as I already argued), how many would be in the category that the idol would want to stop studio/DMM/Amazon? What I know of TK, she might not like it that much (especially if she doesn't get a yen out of it) but she would not fight it.

Yamaguchi I can't speak for, but I think also she might not mind it that much. Even likely there's an agreeable arrangement for her with these remasters. Maybe a small cut of the profits, or she will get a couple compensated interviews/appearances out of the re-interest.

My original point was: only very few idols have sales number after 5 years, the requirements are (1) very successful AV career (e.g. TK) or (2) bona fide celeb status (e.g. Yamaguchi), call that group "A". OTOH, many ex-idols want to regain her privacy and wish her old vids to disappear from DMM, call that group "B". I'm saying yes group A is larger than zero, and group B (obviously) is huge in numbers. But group A and B don't overlap, not ever! (I stand for that!)

(well yeah always there are exception, right, but it's close enough to zero for the industry to put out a press release on a "5 year arrangement" bait (I went back to the Japanese wordings and found it to be even more ill defined than I thought 10 mins ago)

81UhEr7gbHL._SL1500_.jpg
There's a underlying stigma aganist sex in their society and the porn history of a former actress is like a bad memory
Yeah... that's always a good topic of discussion. I'm a bit exhausted to dig into it. (or re-dig into it, in my case) it's been over 1 years me or anyone on here really discuss it, and fair to say Japan and JAV is slowly but surely shifting. It's worth revisiting, another day...
 

silent1one

Well-Known Member
Dec 10, 2016
831
280
Yeah... that might seems like pie in my face. But is it??

Yes in some very rare case, interest in old AV might be enough to remaster in blu-ray (true high def?). GODS if they do that for Takako Kitahara I would take out a loan to buy it. Really I'm having a hard-on thinking about it.

But those cases (as I already argued), how many would be in the category that the idol would want to stop studio/DMM/Amazon? What I know of TK, she might not like it that much (especially if she doesn't get a yen out of it) but she would not fight it.

Yamaguchi I can't speak for, but I think also she might not mind it that much. Even likely there's an agreeable arrangement for her with these remasters. Maybe a small cut of the profits, or she will get a couple compensated interviews/appearances out of the re-interest.

My original point was: only very few idols have sales number after 5 years, the requirements are (1) very successful AV career (e.g. TK) or (2) bona fide celeb status (e.g. Yamaguchi), call that group "A". OTOH, many ex-idols want to regain her privacy and wish her old vids to disappear from DMM, call that group "B". I'm saying yes group A is larger than zero, and group B (obviously) is huge in numbers. But group A and B don't overlap, not ever! (I stand for that!)

(well yeah always there are exception, right, but it's close enough to zero for the industry to put out a press release on a "5 year arrangement" bait (I went back to the Japanese wordings and found it to be even more ill defined than I thought 10 mins ago)

View attachment 1167009

Yeah... that's always a good topic of discussion. I'm a bit exhausted to dig into it. (or re-dig into it, in my case) it's been over 1 years me or anyone on here really discuss it, and fair to say Japan and JAV is slowly but surely shifting. It's worth revisiting, another day...


There's always going to be a market for old porn even the av idols retire like 2 decades ago with or without any remaster releases. However, the number is going to be very low unless they make a comeback, appear in some sort of celebrity drug/sex scandal, or something else that would trigger people to know her and buy her movie titles. I think sora Aoi and Yua mikami will be classic and the poster girls for av even after another decade or two since they're the best seller of their time that made a lot of public event appearances all over Asia and made headlines on their local newspaper and websites.

Also, even if they stop distributing physical dvds, the public can still find downloads for them. The internet is a powerful too nowadays to easily track and expose anyone. The 5 years thing might benefit lesser known av idols that wants to get rid of their past and stay away from the entertainment industry. I know shu qi from Taiwan still regret and ashame of filming solo nude and softcore cat3 porn in the 90s and wants to buy back the rights to her old movies now that she's married and one of the movie stars in Hk and China. However, those movies are what jumpstarted her career and because she's famous, people are always going to try to find them. btw She's been keeping her figure prettybwell even though there are natural signs of aging. I know there are some 90s cat 3 actresses and av idols looks bloated nowadays. Even the fame aya Sugimoto looks wrinkly and saggy in public events even with all those concealing makeups.