Ask John: Why Hasn’t Suzumiya Haruhi Been Announced for American Release Yet?

Question:
When Kadokawa announced at Otakon last August that it had received several solicitations to license the anime series Suzumiya Haruhi no Yuutsu for US release, I was very excited. However, we have had not heard any new details since then. With lack of details, it made me wonder if it usually took this long (or perhaps even longer) to negotiate the licensing rights to a title. How long does it usually take to negotiate the licensing rights to a title? What other elements could possibly affect the negotiations or acquisition rights? I’d read somewhere about the possibility of the US trademark issues regarding to the playboy bunny suit Haruhi wore being a factor in licensing of the title, although I don’t know if this is true or not.

Answer:
My own experience in the anime licensing business is limited, since AN Entertainment has acquired only three titles, but this experience, combined with observation and second hand knowledge, may be enough to provide a revealing answer. Most hardcore anime fans know of anime titles licensed for American release before they premier in Japan. Japanese production studios or distributors may solicit international investment and offer international distribution rights in return. In cases like these, and in the event of smooth negotiations, licensing contracts can take as little as a few weeks to complete. However, in more difficult situations, licensing may take longer. AN Entertainment was engaged in negotiations for distribution rights to Haré+Guu for more than a year. I’ve also heard unconfirmed reports that FUNimation required two years to finally seal the deal for “Kodocha.”

The Melancholy of Suzumiya Haruhi has been the most popular and successful surprise hit in years. With the abundant interest in translating and distributing the franchise internationally, naturally Japanese publisher Kadokawa will need time to examine and consider the offers of each potential distributor, and consider each distributor’s intentions, abilities, reliability, and flexibility. Domestic distributors may also compete against each other, bidding and periodically increasing the amount offered for licensing rights as necessary to stay in competition for the prize. Licensing may also be complicated by efforts to secure TV broadcast rights, merchandising rights, or supplemental, related rights at the same time, such as translation rights to a manga version or original novels.

I have seen some discussion on a Japanese anime fan blog speculating that the Suzumiya Haruhi anime couldn’t be released in America because its depiction of Haruhi Suzumiya dressed in tights, stockings, and bunny ears may constitute an infringement of the Playboy bunny trademark costume. Technically the Playboy corporation could challenge the legality of an anime putting a character in a bunny outfit, but I suspect that this is a rather farfetched possibility. The use of bunny outfits in the Suzumiya Haruhi anime is relatively brief, so it may escape the notice of Playboy. More importantly, I don’t see any way in which the use of bunny girl outfits in the Suzumiya Haruhi anime compromises the profitability or integrity of the Playboy corporation, or any way in which the use of bunny outfits in the Suzumiya Haruhi anime intentionally tries to siphon awareness or profit away from the Playboy trademark. Copyright law is not absolute. It’s ambiguous in order to allow for interpretation. I personally can’t envision anyone believing that the Suzumiya Haruhi anime is maliciously injuring a Playboy trademark, so I can’t see any reason why the fear of litigation would prevent the show from being released domestically. Furthermore, Suzumiya Haruhi would not even be the first anime to include a bunny girl to ever see American release. Right Stuf’s American VHS release of the Ai City motion picture included, as a main character, a cocktail waitress dressed in a bunny outfit throughout the entire film. The American release of the movie never caused any controversy. The point has also been made that console video games commonly available in America including Dead or Alive Xtreme Beach Volleyball and Dragon Quest VIII include the option to dress female characters in Playboy style bunny suits. These games have been released in America without any threat of litigation or copyright infringement. Logic and precedent both suggest that the inclusion of bunny suits in the Suzumiya Haruhi anime are not a hurdle to the series receiving an American release.

Based only on speculation, I can think of several possible explanations for why the Suzumiya Haruhi anime hasn’t been confirmed for American release yet. The most likely explanation is that negotiations are taking time to complete because there are multiple American distributors bidding on the license, and multiple Japanese investors that must all be satisfied and in agreement. The Japanese DVD release of the show features additional scenes and revised animation from the original broadcast version. The Japanese DVD release is also still ongoing. It’s quite possible that Kadokawa is delaying the finalization of American distribution rights in order to gauge and factor in the expense of the updated animation, or waiting to base a final asking price on the total sales success of the series in Japan. I think it’s also possible that an American licensor may choose to delay its acquisition announcement in order to accommodate a coordinated announcement between multiple American licensors for different components of the multimedia Suzumiya Haruhi franchise, or may be delaying an announcement until potential delays are overcome and an American release is a guaranteed certainty.

I’m very aware that Melancholy of Suzumiya Haruhi is a highly anticipated title among hardcore American anime fans, but it’s inevitably going to be an expensive license, and it’s a show that’s likely to have a relatively limited American commercial potential. The show is squarely aimed at otaku, and isn’t likely to go over well with mainstream American viewers that won’t understand the show’s quirky atmosphere and humor. This is a franchise which, I think, needs to be very carefully managed in America in order to be successful. I have no doubts that the show will eventually reach America, but I’m also not surprised at all that an American release is taking some time to materialize. Suzumiya Haruhi is a major property and a significant investment that no business will want to rush into without forethought and planning.