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NEWS: AMVs In Copyright Presentation


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Kalium



Joined: 15 Aug 2003
Posts: 84
Location: Michigan
PostPosted: Fri Sep 02, 2005 4:05 pm Reply with quote
darkchibi07 wrote:
Mmmm, the thought of AMVs being out of illegal activities is something Phade and most AMVers yearned for! Cool

Yes, but not like this. I'm periphally involved in the Free Culture movement, and for me, this is a nightmare. The recording industry watches the more prominant figures like hawks. The anime companies have a habit of turning a blind eye to AMVs, when not actively promoting them (see Noir, Volume 7). The recording industry is not so friendly. I, for one, was hoping that the recording industry would stay in the dark on this matter.
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jvowles
Otakon Representative


Joined: 23 Nov 2004
Posts: 219
Location: Maryland
PostPosted: Fri Sep 02, 2005 4:13 pm Reply with quote
This is something that we've been struggling with for years at Otakon, and while yes, the industry folks keep telling us that they have no intention of putting a stop to it, it makes our corporate lawyer nervous because all it takes is one video to get popular, get sold, or use some company's copyrighted characters in a way that they don't approve of, and all bets are off. Our size makes us an attractive target.

The issue of intellectual property rights is something that our community in particular has had a long struggle with; our fandom was in effect founded in piracy, after all, but it was piracy of desperation and discovery. It's hard to let go of that mentality, but sooner or later we're going to have to change our ways, because the law and (frankly) moral standing is on the side of the people who actually own these things, and NOT on the side of the people who are, in effect, stealing them.

In the case of AMVs, our contest is covered by an ASCAAP license for the music, at least, but that's only for performance rights at the convention.

Until the law is clarified, we're going to be stuck with a really sticky grey area. Everyone loves these AMVs, but eventually somebody's going to change their mind about whether it's "okay" or not -- be it some company owner or the govenrment.
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abunai
Old Regular


Joined: 05 Mar 2004
Posts: 5463
Location: 露命
PostPosted: Fri Sep 02, 2005 4:26 pm Reply with quote
Lawrence Lessig is currently fighting very hard to make people aware of the dangers of the current trends in copyright matters. In a recent article in Foreign Policy, he argued that the anti-"piracy" laws are creating a situation where the phenomenon of public domain is threatened by extinction. Read it, it's interesting. Lessig is one of the guys in white hats.

- abunai
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Kalium



Joined: 15 Aug 2003
Posts: 84
Location: Michigan
PostPosted: Fri Sep 02, 2005 4:43 pm Reply with quote
abunai wrote:
Lessig is one of the guys in white hats.

Very true, but that doesn't make this any less worrying. He's increasing the exposure of AMVs among those not already inclined to view them in a favorable light, and thus increasing the legal risk to those of us involved.

If I do manage to track down some details, though, I'll let ANN know somehow.
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Joe Mello



Joined: 31 May 2004
Posts: 2271
Location: Online Terminal
PostPosted: Fri Sep 02, 2005 7:38 pm Reply with quote
Perhaps this is my clichéd mark of optimism: It's always darkest before the dawn.
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.Sy



Joined: 11 Mar 2005
Posts: 1266
PostPosted: Fri Sep 02, 2005 8:01 pm Reply with quote
I doubt that AMV's will become illegal anytime soon. If for some reason, the debate gets really heated at some point, a company could ask that their anime/music not be used. But those would not affect the AMV community greatly, if they were to happen. I don't think a company would have a huge issue with this, as these are distributed online for free. If someone tries to sell them...I'd have a problem with it, even though I don't make AMV's. I've also seen some really good AMV's for shows I haven't watched, and I couldn't wait to see the show.
jvowles wrote:
all it takes is one video to get popular, get sold, or use some company's copyrighted characters in a way that they don't approve of, and all bets are off.
That's what worries me. I like AMV's, and I don't want to see them made illegal or anything of the sort at cons. I do see the possibility of some guy putting fansubs on a DVD and then a "bonus award-winning music video" for sale.
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Pwolf



Joined: 12 Feb 2004
Posts: 23
PostPosted: Fri Sep 02, 2005 8:24 pm Reply with quote
Sy... the problem is that they are illegal. they were never legal to begin with.

Pwolf
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Kalium



Joined: 15 Aug 2003
Posts: 84
Location: Michigan
PostPosted: Fri Sep 02, 2005 9:05 pm Reply with quote
Joe Mello wrote:
Perhaps this is my clichéd mark of optimism: It's always darkest before the dawn.

Yes, it's always darkest at midnight - but that doesn't mean dawn is coming, either.
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v1cious



Joined: 31 Dec 2002
Posts: 6208
Location: Houston, TX
PostPosted: Fri Sep 02, 2005 9:41 pm Reply with quote
man who the hell cares? i just can't see how AMVs could possibly hurt the anime business.
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Kalium



Joined: 15 Aug 2003
Posts: 84
Location: Michigan
PostPosted: Sat Sep 03, 2005 12:47 am Reply with quote
v1cious wrote:
man who the hell cares? i just can't see how AMVs could possibly hurt the anime business.

That's not the worry. The worry is that the music industry won't be happy, and decide not to let sleeping dogs lie anymore.
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prime_pm



Joined: 06 Feb 2004
Posts: 2341
Location: Your Mother's Bedroom
PostPosted: Sat Sep 03, 2005 1:37 am Reply with quote
Look, I talked about this issue with a guy running the competition at Otakon this year. The person who bought a particular anime/music product is entitled to make whatever alterations he/she wants with the product, regardless of the copyright suit. The only infringement would occur if the editor were to solely capitalize from the exhibitions of the music video in question, or if the video drastically affects the sales of the source material itself, including the music. I don't know about other editors, but I, in particular, use the dvd sources from Bandai, ADV, and etc. to create my music videos, mainly to give them the proper quality that every video deserves, and the songs I paid/borrowed from friends to synchronize them perfectly with the videos, thereby creating an alternate and refreshing view of the anime. As long as I don't sell copies of these videos in stores, I do not infringe upon the copyright laws or go against any consent. They'd probably be a little peeved when they find out I'm using dvd's from netflix, but other than that, no infringement.

Point of the matter is: I paid thirty bucks apiece for those Azumanga Daioh dvd's (or rented from Netflix), I should have the right to make music videos that represent my creative taste and display them among friends. That and I need something particular to add to my resume and get myself a real job.

Speaking of which, anyone hiring video editors around Maryland?
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Colonel Wolfe



Joined: 05 Aug 2004
Posts: 370
PostPosted: Sat Sep 03, 2005 2:54 am Reply with quote
First, why is Lawrence Lessig so concerned about this? Mr. Lessig needs to to grip on his own life and worry about his own problems instead of trying to grab some headlines, some publicity and trying to make a name for himself. If the anime industry doesn't have a problem with it right at this time why is he trying to stir the pot.

Second, AMV's are considered (fanservice by these anime companies) who see these as fan-produced efforts and help promote their product. This means more sales, more anime titles, etc. Again, Lawrence Lessig needs to worry less about the anime industry and fans and stop trying to promote the rights of the RIAA and the MPAA and their efforts to stop this kind of piracy.

Anime fans are more respectable when it comes to copyrights of anime, music, manga and fan-produced music videos. Did Lessig actually think or thinks that he's going to try to get anime companies to rise up in arms and join him, the RIAA and the MPAA in fighting those who use "Fair Use" when they're trying to abuse the rights of entertainment fans when most of us are honorable when it comes to "Fair Use" of anime.

Besides, the anime industry isn't going to do anything unless there's a blatant attempt by anime fans to make these videos and attempt to sell them.

My message to Lawrence Lessig: Get a Life! A Woman or something and leave anime fans alone.
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Circle



Joined: 31 Oct 2003
Posts: 22
PostPosted: Sat Sep 03, 2005 6:24 am Reply with quote
Yes, the NGE-Engel AMV is awesome. The best lipsync job I've ever seen. Cool

I also have a few other favorites but I'll just list a couple of the more outstanding ones:
"Hayashibara's Lips" - Garbage - Cherry Lips
"Tainted Donuts" Trigun & Cowboy Bebop


I think it's the music industry that's more worried about AMVs because each video uses pretty much the whole song but only a few minutes of an entire anime series.
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SailorDeath



Joined: 17 Jul 2004
Posts: 24
PostPosted: Sat Sep 03, 2005 9:10 am Reply with quote
Colonel Wolfe wrote:

My message to Lawrence Lessig: Get a Life! A Woman or something and leave anime fans alone.


You are aware that he was supporting amvs by saying that they SHOULD be considered fair use, right? He also said that amvs are an example where they actually help the market instead of hurting it.

I've been making amv's since 1998. I only know of 1 person who had recieved a cease and desist order. That order also came from a musical artist and not an anime company. Like a couple of my editing friends have said before me; many companies see it as free advertising and in some cases sponsor the events.
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Kalium



Joined: 15 Aug 2003
Posts: 84
Location: Michigan
PostPosted: Sat Sep 03, 2005 9:49 am Reply with quote
Colonel Wolfe wrote:
First, why is Lawrence Lessig so concerned about this? Mr. Lessig needs to to grip on his own life and worry about his own problems instead of trying to grab some headlines, some publicity and trying to make a name for himself. If the anime industry doesn't have a problem with it right at this time why is he trying to stir the pot.

Professor Lessig (of Stanford) made a name for himself some time ago as an intellectual property reformist. That's what's going on here, and that's why he cares.
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