Forum - View topicThe Law of Anime Part I: Copyright and the Anime Fan
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Tylerr
Posts: 475 |
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Idk how these companies expect people to pay for stuff that is more or less always of a lower quality than what fansubbers produce for free.
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Chagen46
 Posts: 4377 |
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CR and fansubbers are equal nowadays in my opinion. And half the time the "fansubbers" just rip the CR files and re-release them for free. It's pathetic, really--they're not even fansubbing. They're stealing files from CR and lazily bootlegging them. |
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Shiroi Hane
Encyclopedia Editor
 Posts: 7580 Location: Wales |
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It's only really two doing that last I was aware, and they make it obvious.
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Chagen46
Posts: 4377 |
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And yet they are frequenty used.
On /a/ I see that most there use some kind of CR rip if a show is being simulcasted by them. |
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guildmaster
 Posts: 355 Location: Hot & Humid FL |
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That's a nice mature outlook. 
Further on:
The illegal vs unlawful link gives us this: Black’s Law Dictionary defines unlawful as not authorized by law, illegal. Illegal is defined as forbidden by law, unlawful. I like how in the 2nd definition the first word is used as a synonym. Does anyone know what the meaning of the word "is" is??? 
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Sparvid
Posts: 240 |
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I don't quite get this part. Sure, anime producers would obviously have problems with someone illegally distributing their show ("We're trying to sell DVDs, but these people watch it for free!"), but why would sponsors complain about their logos being seen? "Oh no, more people than the expected paying customers are seeing character X eat our brand of pizza! Clearly we paid too small of a sponsorship fee to the producers." "How dare they distribute commercials for us without, err... charging us for it?" |
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Polycell
 Posts: 4623 |
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Except it was the Japanese branches that would've made that decision - the American branches could very well decide they don't want to be associated with the work.
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TheYandereSalaryman
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I just want to quickly thank ANN and Sean Thordsen for providing such a fascinating read. Part I and II have been extremely enlightening, and I'm very much looking forward to part III.
Thank you again! |
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S.Thordsen
 Posts: 15 Location: Santa Ana, CA |
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It was already mentioned by the above poster but part of the problem is in fact that it is the Japanese division that authorizes the use of the trademarks and logos for anime (such as Pizza Hut in Code Geass). The American branch generally is not involved in these negotiations and any appearance of it here would be unauthorized as the contracts likely stipulate the locations and limitations of the use. Some anime avert this by using false or parody brands that invoke similar imagery without using the actual brand name (Soda cans of "Pippu" on a Pepsi-esque can in Cowboy Bebop are the first that come to my mind). This is true with all product placement in all entertainment as it requires the appropriate license in order to show materials. Without going into specific details I was working with a director on a film and he had a scene in a bar. However, I had to warn him that all the bottles in the bar had to be turned around so that their labels are not visable as depicting them would be trademark infringement. On top of this I also had to warn him to remove all the Jack Daniels bottles since Jack Daniels owns the rights to that particular shape of bottle. The fact is, although you are correct in that it would in some ways be free advertising, not keeping tabs on this involves two problems for the rights holder. 1) Loss of trademark - this was discussed earlier in this thread but if a trademark holder doesn't actively protect their trademark they risk losing it. So as benign as a use may be, they still have to puruse the infringement otherwise they may be denied the ability to do it later to someone else. 2) Context - although in some cases the appearance of a logo is harmless there are plenty of circumstances where the owner of a brand doesn't want their products associated with certain kinds of material. The first example off the top of my head is Volkswagen who do not want their vehicles in war films or alternatively products being used by characters they may feel tarnish the image of the brand. |
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dtm42
Posts: 14084 Location: currently stalking my waifu |
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What about when Anime uses English-language songs? I know any American distributors have to pay for the rights if they want to use the songs in the American release, but do the Japanese have to pay for the rights? Examples that come to mind are Speed Grapher (Girls on Film by Duran Duran) and Eden of the East (Falling Down by Oasis). It seems unfair to me that the Japanese don't have to pay but the Americans do.
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samuelp
Industry Insider
Posts: 2235 Location: San Antonio, USA |
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They pay, they just usually pay a different agency. Royalties are usually collected in the country in which the product is sold. So if you make an anime in Japan and use a song from a US band, you have to purchase the rights to use that song from whoever represents those rights _in Japan_. Usually this is JASRAC but it can also be companies like Warner Japan or Sony Music Japan, etc. However if the anime production committee then sells the DVD rights to their anime back to an american company, that american company has to obtain the rights to that US song from whoever represents that band within the US. The value of the US song within the US market is clearly "higher" than it is within the Japanese market, so that's why you get problems like with the opening of Eden of the East, etc. Last edited by samuelp on Fri Feb 22, 2013 1:39 pm; edited 1 time in total |
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mglittlerobin
 Posts: 1071 |
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The thing about Fansubs is that many "fans" don't want to buy actual merchandise, exception being a lot of people here in the Retail forum, they just want to watch the show, they don't actually care about the quality of the translation, they just want to watch it ASAP for free.
I prefer legitimate sources because they have access to the script and for the most part, the translations are better. It irks me to no end when I see an AMV with fansubs on it. If you're going to do that, at least buy the DVD so you can get the best footage possible, even RAW fires are horribly compressed to be small and the quality of the video looks bad. At least with AMVs it's promoting the anime and the music (although you can get the sources illegally too). It's still technically copyright infringement though. |
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Chagen46
Posts: 4377 |
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I have to say that there's a difference between somethig being illegal and something unethical.
I have a CR subscription. However, I also DL rips of CR files with the script and all because, honestly, I'm already paying seven bucks a month to them. I think I can DL rips without feeling bad. Especially when actually having the file can be a lot more convienent than streaming it. Is it illegal? Yes, and I make no bones about it. But what really is the liklihood of CR taking the time to prosecute me? Really, I wish the lw wasn't so black and white on issues like this. |
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Kikaioh
 Posts: 1205 Location: Antarctica |
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Well, you actually do seem to be stepping into the realm of the unethical, largely because you're granting yourself a degree of ownership rights over copies of the online works that your $7/month wasn't meant to afford you. Considering the enormous amount of material available on Crunchyroll (I think it's close to 300 series now, is that right?), the idea that you're granting yourself copy ownership rights similar to DVD ownership rights over such a substantial amount of material for less than $90/year isn't exactly ethical, as you only paid for streaming rights (similar to how a person who rents DVDs and makes personal copies for their own use isn't acting ethically, as they only paid for renting rights, and not copy ownership rights). |
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Polycell
Posts: 4623 |
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And once again Kikaioh feels the need to claim his own ethical code is the only objective one. Not everybody considers illegal behavior to be unethical; all sorts of silliness emerges if you get trapped in that box.
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