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The Law of Anime Part III: Defending Yourself


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_V_



Joined: 13 Apr 2009
Posts: 619
PostPosted: Sun Feb 24, 2013 10:10 am Reply with quote
Hitler hears that FUNimation and ADV are suing each other:

http://www.youtube.com/watch?v=bagaUNWz8Sc
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samuelp
Industry Insider


Joined: 25 Nov 2007
Posts: 2231
Location: San Antonio, USA
PostPosted: Sun Feb 24, 2013 12:18 pm Reply with quote
_V_ wrote:
Hitler hears that FUNimation and ADV are suing each other:

http://www.youtube.com/watch?v=bagaUNWz8Sc


Honestly I'm not so convinced that the Hitler Responds to video series rise to the level of fair use...
They're usually at least 5 minutes of nearly uncut footage from the original film with the only addition being the reimagined subtitles, and more importantly the subject matter being commented on is almost always completely unrelated to Hitler or the film itself.

Rather, a better defense for those videos might be to try and claim that the Hitler Responds To meme has become so prevalent in society at large that it, in itself, has become its own IP, detached from the original movie, as the 1000s of videos people have made have basically taken on an entirely new life of its own.
(That defense would almost certainly lose in court but it would win in my heart )
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acetatsujin



Joined: 09 Jan 2008
Posts: 208
PostPosted: Sun Feb 24, 2013 7:54 pm Reply with quote
.. Get a VPN. Don't use more than 30 seconds of whatever content you want to use in your videos ... and you should be fine. If you're going to do anything on the internet that will probably disturb your peace of mind, get a VPN and no one will know what the hell you're doing over the Internet.

Like those who are able to view my IP through here, you won't know where I am really located from. I can connect to a lot of other IP addresses that are simply used by other users like me ... so you won't be able to trace me. Yea. It's awesome. It is literally impossible.
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crosswithyou



Joined: 15 Dec 2007
Posts: 2892
Location: California
PostPosted: Mon Feb 25, 2013 7:22 am Reply with quote
Sorry to be nit-picky but...

Under Parody and Satire
Quote:
Case law defines this as determined if the “use of some elements of a prior author's composition to create a new one that, at least in part, comment's on the author's works.”

comments

Under Fair Use
Quote:
This factor generally ways in favor of a lot of works in the anime community

weighs


Anyway, another interesting article and I'm looking forward to the last part!
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DomonX2



Joined: 14 Sep 2012
Posts: 232
Location: Neo Toronto, Neo Canada
PostPosted: Mon Feb 25, 2013 11:13 am Reply with quote
TitanXL wrote:
Lyrai wrote:
In reguards to abridged series, I've always seen them as continuing to exist simply by the good graces of the rights owners. I know the YuGiOh one had it's first episode taken down off youtube, and in response, LittleKuriboh filmed himself on the streets doing all the voices and the motions. Even with using the names from YuGiOh and the general 'plot points', is this still safe, or could Konami still come after him for that instance, specifically?

Is there any legal benefit or reason for a company to make an official statement on abridged series? I mean, I went out and picked up the Orange Box DVDs for Dragonball Z because the abridged series reminded me that even for all it's faults, it's a great popcorn show. (Also, the orange boxes were cheap). Is it better for a company to let Abridged Series just float off to the side without comment; could they cause some kind of legal damage to their brand or show if they took any form of official stance on it?


I could see why a company wouldn't want it; it ruins the show's image since it now has to be associated with awful jokes and memes like "Ghost Nappa" or "Screw the rules" and crap that unimaginitive people parrot at any given opportunity. I suppose suing for libel is out of the question, but that's just me. It doesn't help they tend to throw in other copyrighted works like splicing in a pop artist's song or something.


You take this **** WAY too seriously. I admit, some of it is stupid, but you have to remember is a PARODY/ABRIDGED series and not supposed to be like the show. Also, Yu-Gi-Oh and DBZ sucked ASS long before TFS/Little Kuriboh.
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ColonelYao47



Joined: 01 Jan 2013
Posts: 274
PostPosted: Tue Feb 26, 2013 12:00 am Reply with quote
Thank you for an excellent and accessible take on the legality of certain activities within anime fandom.

In an earlier part regarding cosplay, you mentioned ways where public performances of a work would be considered infringing copyright. Does this extend to fan-made skits based on said work or the experience of watching said work? Smosh's Death Note video comes up to mind as an example of this.

P.S., I love that your avatar is Godot. Nice touch.
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ChibiKangaroo



Joined: 01 Feb 2010
Posts: 2941
PostPosted: Tue Feb 26, 2013 10:22 am Reply with quote
ColonelYao47 wrote:
Thank you for an excellent and accessible take on the legality of certain activities within anime fandom.

In an earlier part regarding cosplay, you mentioned ways where public performances of a work would be considered infringing copyright. Does this extend to fan-made skits based on said work or the experience of watching said work? Smosh's Death Note video comes up to mind as an example of this.

P.S., I love that your avatar is Godot. Nice touch.


Creating a fan made skit based on a protected work would be the creation of a derivative work, which would likely be infringement. At that point, the question would be whether or not fair use/parody or another affirmative defense applies, or whether the copyright holder actually cares to come after you.

The act of watching such a work, in and of itself, is not infringement. Infringement stems from taking some action generally consistent with copying, creating, or distributing (simplifying things a bit). Downloading or making available for download falls under copying and/or distributing, for example. However, if someone else is performing or showing something and you are simply watching, it is unlikely that you would be in trouble, unless you know it is infringing and are contributing to them in some way such as monetarily.
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