IP Rights of Variable-Technology, Robotechnology

Intellectual Property Rights of Variable-Technology, Robotechnology
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Harmony Gold, a California real estate property management and entertainment company, has a kickstarter campaign to revive Robotech with a new series Robotech Academy.  At this time, the kickstarter project has only earned $182,885 out of the $500,000 total fundraising goal. [Edit: On 7/30 it reached $190,658, with 8 days remaining] The kickstarter campaign has drawn a lot of criticism, including a call for a boycott against any continuation of Robotech.  Robotech began development in 1984, after Harmony Gold got the international distribution rights and merchandising rights to Studio Nue's anime Macross.  To make Robotech a weekday series in the US, Macross was edited and spliced together with segments of two other anime series Super Dimension Cavalry Southern Cross and Genesis Climber MOSPEADA.  Robotech ran through 85 episodes.  In 1986, a movie was released using footage from Southern Cross and Megazone 23. Rights to the footage from Megazone lapsed over time, and subsequent releases of the Robotech movie have removed Megazone footage. In 1987, the first 3 episodes of Robotech II: The Sentinels was released as movie.

From 1984 to 1999, Robotech was limited to the usage of the original Macross material, as well as material from Southern Cross and Genesis Climber.  During this time period, other Macross releases were distributed without Harmony Gold.  1992 saw the release of the movie Macross II, distributed by U.S. Renditions.  The comic book adaptation was released by Viz.  In 1994, Manga Entertainment got US distribution rights to Macross Plus.  The soundtrack was released in the US by JVC.  In 1998, Macross Plus was released onto movieCD by Sirius Publishing.  1999 saw the DVD release of Macross Plus by Manga Entertainment, and in 2000, Macross Plus: the Motion Edition was released on DVD.  After the 2000 DVD release of the Movie Edition, there has not been a Macross release in North America and Europe, even though the series has continued in Japan.

In 1999, Harmony Gold that the Macross franchise was seeing a new wave of popularity.  To get in on the action, Harmony Gold reevaluated its merchandising rights to Macross.  Before 1999, it had been understood to be the case that Harmony Gold only had the licensing rights to the original Macross series which began in 1984, and that all subsequent series from Macross II onward were not covered under the licensing deal.  Harmony Gold however, began to make the legal argument that they had the US licensing to all works that derive from the original Macross Saga, including all sequels and spin-offs.  Harmony Gold began taking legal action against companies selling Macross related merchandise in the US.  By 2002, Harmony Gold had trademarked the name Macross in the United States. Claiming to own the trademark for the use of the name Macross in the US, and the merchandising rights of Macross in the US, Harmony Gold has been preventing the US release of the Japanese material that has been produced after Macross Plus.  Harmony Gold has the distribution of Macross in the US tried up in US courts, even though a Japanese court found against Harmony Gold in 2005.  Macross 7, Macross Zero, Macross Frontier, Macross FB 7, and various video games have all been blocked from major distribution, because Harmony Gold has been claiming ownership of the name Macross in the US, and claims merchandising rights.  Harmony Gold has also been suing media companies that use robots that Harmony gold claims to appear similar to Macross robots, challenging designs that they claim appear to similar to Veritech fighters and battleroids.  In particular, Harmony Gold has had legal challenges against designs from BattleTech/MechWarrior.

Harmony Gold has been impeding distribution of Macross, while trying to promote the derivative Robotech, which they have tried to relaunch several times.  In 1987, Robotech II: The Sentinels was cancelled after 3 episodes. Robotech III: The Odyssey never began production.  In 2000, the preliminary CGI animation of Robotech 3000 was shown, but the series was cancelled.  In 2006, the movie Robotech: The Shadow Chronicles was shown to the public, and released to DVD in early 2007; however it did not prove to be the revival of the series Harmony Gold had hoped.  The follow-up movie, Shadow Rising has been delayed.  Currently, Harmony Gold is trying to crowd-source finding for Robotech Academy, but with days left in their fundraiser, they have not even yet met the halfway point of the fundraising goal.  The new fundraiser has created backlash, as fans of Macross would rather that Harmony Gold put Robotech to rest, end legal challenges against Macross, and allow Macross to get full distribution.