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NEWS: AMVs In Copyright Presentation


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ACDragonMaster



Joined: 23 Aug 2004
Posts: 405
PostPosted: Sat Sep 03, 2005 11:34 am Reply with quote
The anime industry doesn't have much, if anything, to fear from AMVs, as AMVs really can't be used as a replacement for buying an anime (as opposed to fansubs). You only get random clips of a series, with little to none of the original sound track with that. So on that end, it's pretty blatently just fans having fun and more free advertising than anything else.

The music is the harder one, because most of the time AMVs do make use of an entire song. These are music videos, after all. So that is one point that's much harder to justify.

However, let's consider for a moment just the size of these files- if someone desperately wanted a free download of a song, are they really going to download a 30, 40, or even more MB file for it? I don't think anyone would go that far, unless there were absolutely no other means for them to get it, which if it's something that was used for an AMV in the first place, probably is not going to be the case.

So then, people aren't really going to 'steal' music by downloading AMVs, ratehr it's more likely that they'll be introduced to an artist they'd never heard before through an AMV of their favorite series, and maybe even end up going and buying something because they like it that much. Thus again, it's really more some free advertising than anything else.
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Colonel Wolfe



Joined: 05 Aug 2004
Posts: 370
PostPosted: Sat Sep 03, 2005 12:20 pm Reply with quote
Sorry, guys. But, it seems that everyone in the industry seems to be calling for tougher standards for copyright law and fans use for using that for their own personal fan-related efforts.

There seems to be so much action in Washington to get tougher when it comes to anything that can be considered copyrighted material and they want to stop anyone from using them or editing them for their own personal recreation.
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Egrimm



Joined: 16 Aug 2005
Posts: 7
PostPosted: Sun Sep 04, 2005 11:04 am Reply with quote
I'm well aware of the illegality of AMVs, and in a way I wouldn't blame the record companies if they decide to crack down as it IS as illegal as other kinds of piracy, and it'd be hard to explain for them if AMVs were spared and other pirates were hauled off in chains.

That being said I enjoy the AMV culture a lot, and like many people here AMVs have made me aware of a title which I later bought.
I also buy dvds to make AMVs myself as I cannot stand working with lq sources. That's pretty much the only reason I've bought Ikki Tousen, a show I find rather lackluster but I thought of an AMV with it so I had to get the dvds. And I had to buy the japanese DearS dvds as it weren't out in the US when I got the idea for that amv, that's 3500+$ I wouldn't have spent if it weren't for AMVs.
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jpopusa



Joined: 24 Jul 2003
Posts: 20
PostPosted: Tue Sep 06, 2005 1:37 pm Reply with quote
Let me speak from a music industry perspective about just the music rights since I work frequently with music companies as a promoter.

If the convention is buying blanket ASCAP and BMI performance agreements for public use of music then there is not much of an issue using the music for a public exhibition. (Although giving cash and prizes to winners takes you into another grey realm altogether)

The above agreements also cover your right to have a dance and do many other cool things at a con. Contact you local ASCAP / BMI reps to find out more. Many local musical instrument stores have free information you can pick up.

However, if you distro or sell the AMVs then for instance you need to contact the Harry Fox agency and the rights holder to respectively pay mechanical royalties and get clearance permission. Which is both expensive and difficult.

Every convention should be either buying ASCAP / BMI agreements or be covered under the venue's ASCAP / BMI contract. If not then they are being very naughty. Rolling Eyes

The copyright law is pretty clear from the audio / music perspective. However it is usually the video aspects of the AMVs that is much trickier in regards to copyright and intellectual rights use. But since these are "anime" shows to promote anime, the companies will gladly and willingly turn a blind eye to such things.

Again this post is a guideline for the M of the AMVs and how the V portion is handled is much more difficult -to me at least but that may be my perspective as a music promoter.

And for those posting AMVs on the internet be careful. There are very strict rules on posting music online. If it is a downloadable file that contains music that is copyrighted whether just a clip or the whole song.... watch out since legally there is a fee per song per download that is relatively expensive (not to mention that most folks don't get clearance from the rights holders)

However if you STREAM a music BROADCAST the rules and fees are much more simple and cheaper.

BTW the blanket agreements change from time to time especially in regards to internet usage so you have to check back frequently. Due to the huge podcast movement, they are having to rethink things since technically as the law currently stands any use of music in a podcast is a mechanical reproduction and falls under mechanical royalties which are expensive.

But you don't have to blindly believe me just go check out ASCAP , BMI , SESAC Harry Fox's websites and you can see for yourself.

-your friendly neighborhood Japanese music promoter.
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