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NEWS: AnimeMusicVideos.Org Served with Cease & Desist Order


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Abarenbo Shogun



Joined: 19 Jul 2005
Posts: 1573
PostPosted: Tue Nov 22, 2005 2:16 am Reply with quote
kiwidomingobleu wrote:
Just don't buy from wind-up records anymore

Let them know that doing something like that doesn't come without consequences from the fans. Of course if their sales were to fall they'd probably blame it on people downloading the songs of Kazaa or something


God Bless Capitalism. Laughing
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CaptainRisu



Joined: 19 Jan 2005
Posts: 21
PostPosted: Tue Nov 22, 2005 11:53 am 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). They promote both the anime and the music for free, so I think they are shooting themselves in the foot in the long view.


indeed. i got into quite a few bands after hearing a song in good AMVs.
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Tempest
ANN Publisher & CEO


Joined: 29 Dec 2001
Posts: 9242
Location: Do not message me for support.
PostPosted: Tue Nov 22, 2005 12:07 pm Reply with quote
kiwidomingobleu wrote:
Just don't buy from wind-up records anymore

Let them know that doing something like that doesn't come without consequences from the fans. Of course if their sales were to fall they'd probably blame it on people downloading the songs of Kazaa or something


"Just don't buy" isn't effective. If you want to send a message you need to organize a campaign in order to make it clear to them how many people aren't buying their product as a result of this.

Honestly, it isn't worth it IMHO.

-t
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Caloris



Joined: 03 Oct 2005
Posts: 22
PostPosted: Wed Nov 23, 2005 12:08 pm Reply with quote
I think people are forgetting that USC 17.1.107 is NOT the only copyright law on the planet. It doesn’t apply to everything. The majority of the internet is outside the bounds of US law!
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Tempest
ANN Publisher & CEO


Joined: 29 Dec 2001
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PostPosted: Wed Nov 23, 2005 1:28 pm Reply with quote
Caloris wrote:
The majority of the internet is outside the bounds of US law!


The majority of the Internet is within the bounds of US copyright treaties.

Via the Berne Convention for the Protection of Literary and Artistic Works and the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), signatories / member countries will enforce and respect foreign copyrights.

What is questionable, is what happens when two countries have different rules regarding copyright. Berne requires a minimum copyright term of "life of author" + 50 years. Some countries only have the bare minimum, while others go on for longer. In 1976 the USA's copyright law was extended to 75 years and in 1998 it was extended again to what is effectively 96 years.

In most cases, countries respect foreign copyrights as they are enforced in the originating company. Therefore, if country A's copyright laws are stricter, a work originating in country A will receive the full benefit of country A's copyright in country B provided both countries have either signed the Berne Convention or are members of the WTO.

In 2000 the US made a minor change to its copyright laws that made it so that musicians would not be compensated when broadcast music is played in bars, restaurants and stores. Some foreign countries weren't happy with this and challenged the successfully rules under the WTO. The result was that foreign artists had to be paid, and American artists did not have to be paid...

Notable exceptions have to do with retroactivety. In most cases, once a copyright is lost, it can not be re-enforced due to new laws (although an aging copyright can be extended by new laws). Material produced in 1922 became public domain in 1998, despite the fact that material produced in 1923 won't become public domain until 2019 (Fun and very important fact: Steam Boat Willy came out in 1923).

Russia only signed the Berne convention relatively late (1970), and did not apply it retroactively, so any work created prior to 1970 is considered public domain in Russia, regardless of its status in the originating country.

Similarly, Taiwan never signed the Berne Convention and only joined the WTO in the late 90s. Any work created before Taiwan joined the WTO is considered Public Domain in Taiwan, regardless of its status in the originating country.

This is why Son May was able to make all those bootlegs, legally, up until recently. Son May no longer makes bootlegs, and has actually licensed several anime soundtracks legitimately.

In conclusion, when you say "The majority of the internet is outside the bounds of US law" you're not quite right when it comes to copyright.

What's more, US Legal Code Title 17, Chapter 1, Sec 106 and 107 are paraphrases of the Berne Convention's articles 10 and 10bis. Nearly identical laws are applied in all Berne signatories and WTO member nations.

-t


Last edited by Tempest on Wed Nov 23, 2005 1:32 pm; edited 1 time in total
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Kazuki-san



Joined: 21 May 2004
Posts: 2251
Location: Houston, TX
PostPosted: Wed Nov 23, 2005 1:30 pm Reply with quote
Caloris wrote:
I think people are forgetting that USC 17.1.107 is NOT the only copyright law on the planet. It doesn’t apply to everything. The majority of the internet is outside the bounds of US law!


You're right, in a technical sense. However even if the AMV.org server is not located in the US, which it is, every download that is allowed to someone located in the US brings it under the jurisdiction of title 17. Most any other decently sized country provides copyright protections similar to those afforded by title 17, even when completely ignorning the Berne convention and other international copyright agreements.
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Abarenbo Shogun



Joined: 19 Jul 2005
Posts: 1573
PostPosted: Thu Nov 24, 2005 4:26 am Reply with quote
Caloris wrote:
I think people are forgetting that USC 17.1.107 is NOT the only copyright law on the planet. It doesn’t apply to everything. The majority of the internet is outside the bounds of US law!


Sure, thats why (this website is a known illegal torrent site).com operates under the "loose" laws of Sweden.
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