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NEWS: AnimeMusicVideos.Org Served with Cease & Desist Order


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Hunter Sopko



Joined: 05 Mar 2003
Posts: 259
PostPosted: Fri Nov 18, 2005 4:35 pm Reply with quote
Nagisa wrote:
Hunter Sopko wrote:
people should be glad that Linkin Park wasn't on that list,


Glad nothing. The fact they only got Evanescence and didn't take Linkin Park with them is only a half-victory for fans of quality AMVs all over the world. :lol:

Seriously though, you don't know how tiring it gets having to wade through a thousand "crying in my cereal waahaahaa" cheap angst type of videos set almost exclusively to Linkin Park & Evanescence just to get to anything good, so for once—though it still feels a bit odd—I actually have to kinda-sorta thank the record industry for something.


Pretty much what I meant. Sarcasm doesn't transfer well over the internet.
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Tempest
I Run this place.
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Joined: 29 Dec 2001
Posts: 10430
Location: Do not message me for support.
PostPosted: Fri Nov 18, 2005 4:39 pm Reply with quote
Kalium wrote:

The record label in question was Wind-Up Records.


That's the assumption, but AMV.org never explicitely said it was them, and I don't post assumptions in the news.
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Coderjoe



Joined: 18 Nov 2005
Posts: 53
PostPosted: Fri Nov 18, 2005 4:40 pm Reply with quote
xstylus wrote:
Coderjoe wrote:

They are not legally bound by the copyright laws to attack infringements. Trademarks require holders to attack infringers. Copyright does not. I am getting rather tired of having to repeat this information.


Ah. Then you must have discovered something that thousands of lawyers across the past few decades have not. My apologies, and I commend you on your legal fortitude where so many have failed before you.

Please educate us and quote where in Copyright law there is provided an exception to the obligations of due diligence.


Try reading 10 Big Myths about copyright explained. Particularly number 5.
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slickwataris



Joined: 21 Dec 2004
Posts: 1334
Location: Carol Stream, Illinois
PostPosted: Fri Nov 18, 2005 4:40 pm Reply with quote
saishokushugisha wrote:
Isn't Wind-up Records one of those all-Christian labels?


no they just call themselves that. All the bands have no faith despite what they say.
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Coderjoe



Joined: 18 Nov 2005
Posts: 53
PostPosted: Fri Nov 18, 2005 4:41 pm Reply with quote
coachkaveman wrote:
I would also have to agree that that site is treading very thin ice. I checked it out and the first things they ask for is money to help pay for bandwith, listing it as a "donation" but in my opinion that would constitute the making of profit on others works, that being the original artists and even the creator of the video.


You are not required to donate.
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Tempest
I Run this place.
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Joined: 29 Dec 2001
Posts: 10430
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PostPosted: Fri Nov 18, 2005 4:44 pm Reply with quote
thebaron wrote:
Well it could fall under the Fair Use, since no one really makes any money on the AMV (a few get prizes for popular AMV).


No it can't.

non-profit does not constitute fair use.

Fair use is for educational purposes, news reporting, review / commentary, and satire.

What's more, in most cases the use of material must be limited, you can't use the entire copyrighted work.

BUT making an AMV isn't illegal if you own legal copies of the music and the anime involved. Distributing it is illegal.

Licenses are requried for public playing, and some conventions actually go through the trouble of acquiring those licenses. These are similar licenses that radio stations acquire when broadcasting music. A few cents per broadcast is paid to the copyright holders and/or artists.


-t
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HitokiriShadow



Joined: 09 May 2005
Posts: 6251
PostPosted: Fri Nov 18, 2005 5:03 pm Reply with quote
Nagisa wrote:
Hunter Sopko wrote:
people should be glad that Linkin Park wasn't on that list,


Glad nothing. The fact they only got Evanescence and didn't take Linkin Park with them is only a half-victory for fans of quality AMVs all over the world. Laughing

Seriously though, you don't know how tiring it gets having to wade through a thousand "crying in my cereal waahaahaa" cheap angst type of videos set almost exclusively to Linkin Park & Evanescence just to get to anything good, so for once—though it still feels a bit odd—I actually have to kinda-sorta thank the record industry for something.


I agree for the most part. There are occassionaly good AMVs of Evanescense and Linkin Park music, but they are very rare and stuck in the middle of a bunch of crap.(watch this little gem just to see how bad in can truly be) The downside is that any some good AMVs that use a variety of music in them (like the AMV Hell videos) would be taken down as well. It would be a pity for all of AMV Hell 3 to be taken down because one part (out of over an hour) has 15 seconds of a Linkin Park song, or part of one of those other bands' songs.

Oh and now AMV.org has this message when downloading AMVs:


THIS VIDEO IS PURELY FAN-MADE AND IS IN NO WAY ASSOCIATED WITH THE MUSICAL ARTIST OR ANIME COMPANY IN ANY WAY.
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Number Six



Joined: 14 Apr 2005
Posts: 84
Location: Southern California
PostPosted: Fri Nov 18, 2005 5:12 pm Reply with quote
xstylus wrote:
Coderjoe wrote:

They are not legally bound by the copyright laws to attack infringements. Trademarks require holders to attack infringers. Copyright does not. I am getting rather tired of having to repeat this information.


Ah. Then you must have discovered something that thousands of lawyers across the past few decades have not. My apologies, and I commend you on your legal fortitude where so many have failed before you.

Please educate us and quote where in Copyright law there is provided an exception to the obligations of due diligence.


I have not studied Title 17 in great detail, but I just thought it addresses the things copyright holders can and cannot do and what constitutes infringement. I didn't think it talked about obigations of the copyright holder. I would think that the lack of an exception to trademark law does not mean a copyright holder has the same obligations (in terms of copyright) as a trademark holder. Furthermore, there would have to be an explicit clause dealing with the obligations of a copyright holder for such things to be covered. If its in Title 17 already, fine, but I just didn't think so.
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darkchibi07



Joined: 15 Oct 2003
Posts: 5477
PostPosted: Fri Nov 18, 2005 5:14 pm Reply with quote
HitokiriShadow wrote:

I agree for the most part. There are occassionaly good AMVs of Evanescense and Linkin Park music, but they are very rare and stuck in the middle of a bunch of crap.(watch this little gem just to see how bad in can truly be) The downside is that any some good AMVs that use a variety of music in them (like the AMV Hell videos) would be taken down as well. It would be a pity for all of AMV Hell 3 to be taken down because one part (out of over an hour) has 15 seconds of a Linkin Park song, or part of one of those other bands' songs.



I doubt AMV Hell 3 will be taken down because Zarx put "Various Artists" and "Various Songs" in the Song catagory. Laughing

(of course if someone wants to press charges, they would have to skim through the video Rolling Eyes ).
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halo



Joined: 11 May 2004
Posts: 356
PostPosted: Fri Nov 18, 2005 5:15 pm Reply with quote
Coderjoe wrote:
Try reading 10 Big Myths about copyright explained. Particularly number 5.


I don't think that's exactly what the original poster meant. Due diligence is a legal term where one party is legaly bound to prevent damages or harm to another party. Usualy it is included in as a contractal obligation. If one or more of the bands, or the investors or any of the other parties interested had such a clause then they are legaly obligated to persue copyright infringment.

This is a bit outside of my studies so I could be wrong on this point. If I'm right it could also explain another recent anime intellectual prperety dispute (FUNimation's C&D order to Akadot.)
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Coderjoe



Joined: 18 Nov 2005
Posts: 53
PostPosted: Fri Nov 18, 2005 5:28 pm Reply with quote
halo wrote:
Coderjoe wrote:
Try reading 10 Big Myths about copyright explained. Particularly number 5.


I don't think that's exactly what the original poster meant.


I am pretty sure he was saying that copyright law requires a copyright owner to vigorously defend the copyright against infringers. That is false.
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Kalium



Joined: 15 Aug 2003
Posts: 84
Location: Michigan
PostPosted: Fri Nov 18, 2005 5:46 pm Reply with quote
Coderjoe wrote:
halo wrote:
Coderjoe wrote:
Try reading 10 Big Myths about copyright explained. Particularly number 5.


I don't think that's exactly what the original poster meant.


I am pretty sure he was saying that copyright law requires a copyright owner to vigorously defend the copyright against infringers. That is false.

They may have a contract that requires them to do so, but copyright law by itself does not.
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The Architecture



Joined: 18 Nov 2005
Posts: 1
PostPosted: Fri Nov 18, 2005 5:54 pm Reply with quote
Nagisa wrote:
Hunter Sopko wrote:
people should be glad that Linkin Park wasn't on that list,


Glad nothing. The fact they only got Evanescence and didn't take Linkin Park with them is only a half-victory for fans of quality AMVs all over the world. Laughing

Seriously though, you don't know how tiring it gets having to wade through a thousand "crying in my cereal waahaahaa" cheap angst type of videos set almost exclusively to Linkin Park & Evanescence just to get to anything good, so for once—though it still feels a bit odd—I actually have to kinda-sorta thank the record industry for something.


Amen, and thank goodness is all I can say. I could care less that they got the boot off of AMV.org. I want to see something unique and original.

If anybody needs music, I make music for a hobby. I have a hardware based studio in my bedroom. No fruity loops or crap like that. I have actual samplers in my possession, as well as drum machines and analog synths that will rip your face off. I can pretty much make anything you'd want. Just let me know.
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halo



Joined: 11 May 2004
Posts: 356
PostPosted: Fri Nov 18, 2005 6:14 pm Reply with quote
Kalium wrote:
They may have a contract that requires them to do so, but copyright law by itself does not.


I don't think a contract is required, although I imagine most companies dealing with IP probably have some clause written in all the contracts by default. All it would take is the claim from the RIAA that they were ignoring blatent infringment and they could wind up in court charged with negligence. In all actuality this would only apply to commercial IP, not every copyright. They could also be in the process of selling some of these properties to another label or other party and that party is demanding them to step down on any infringment.

BTW, your precious fanfics are next people muhahahaha Twisted Evil

@The Architecture
Great idea. I wish more anime fans would try something original.
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Zeiram



Joined: 02 Dec 2003
Posts: 317
PostPosted: Fri Nov 18, 2005 6:36 pm Reply with quote
wasn't there a discussion about this at a conferance a month or so back?

the copyright laws are outdated and need to be rewritten
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