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NEWS: Japanese request Fansub Removal


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littlegreenwolf



Joined: 10 Aug 2002
Posts: 4796
Location: Seattle, WA
PostPosted: Tue Dec 02, 2003 9:00 am Reply with quote
king_micah wrote:
Ah, but a Con is different. The Con showings are only a couple of episodes, as compared to the whole thing. They are showed to a large group, and can create a buzz and desire to buy the series in order to know what happens. It isn't the same as dling all the fansubs and watching it and buying only if it is "pure".


Either way, they are STILL breaking the law, and some cons DO show the whole series. Last summer I stayed up till 4 am at one con watching all of the X tv series at one which they split up across the schedual. And they also show whole movies that stand alone on their own.

Whether I watch the whole series at my house, or at a con, what's the difference?
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Mohawk52



Joined: 16 Oct 2003
Posts: 8202
Location: England, UK
PostPosted: Tue Dec 02, 2003 9:18 am Reply with quote
Maybe if I could simplify the matter that would help. Any studio whose product is a production, whether a live action, animated, OVA, movie, or TV series released after broadcasting, that product is what they are in business to make a profit with. They make this profit by selling as many copies of that product as they can. They need to make sure that it is only their copy that is available for sale to maximise their profit, and to protect themselves from theft. If some one buy's a copy, or records a copy from the premier TV broadcast, and then makes more copies to either give away, trade, or sell, for any and all reasons, to others, by independent means of the originating studio, who had worked so hard at great expensive cost to produce that product, and the said originating studio gets no recompense what-so-ever, then that is the theft that they are trying to protect themselves from as it hurts their profit. Profit which the originating studio usually ploughs back into making more products to sell later. This then gives customers two choices. One choice is a good one because ethically it gives the originating author craftsman his just reward (he makes a living). The other does not. Idea Wink

Any questions? Question
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Dejiko



Joined: 18 Jun 2003
Posts: 276
Location: Holland (between Great Britain and Germany)
PostPosted: Tue Dec 02, 2003 10:25 am Reply with quote
Quote:
Whether I watch the whole series at my house, or at a con, what's the difference?

The difference is that you cannot actively re-distribute fansubbed anime you have seen at a convention, since you do not 'own' any physical copies of it.
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littlegreenwolf



Joined: 10 Aug 2002
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Location: Seattle, WA
PostPosted: Tue Dec 02, 2003 10:36 am Reply with quote
I said watch, not download. Say you're at a friend's house, and you all watch fansubs, or you show them at an anime club or something. Technically, you're still breaking the law by watching it.
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Cassandra



Joined: 13 May 2002
Posts: 1356
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PostPosted: Tue Dec 02, 2003 10:44 am Reply with quote
littlegreenwolf wrote:
I said watch, not download. Say you're at a friend's house, and you all watch fansubs, or you show them at an anime club or something. Technically, you're still breaking the law by watching it.


It's the distribution part that is illegal, not the actual viewing of it.
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Mohawk52



Joined: 16 Oct 2003
Posts: 8202
Location: England, UK
PostPosted: Tue Dec 02, 2003 10:56 am Reply with quote
Cassandra wrote:
littlegreenwolf wrote:
I said watch, not download. Say you're at a friend's house, and you all watch fansubs, or you show them at an anime club or something. Technically, you're still breaking the law by watching it.


It's the distribution part that is illegal, not the actual viewing of it.
Viewing in one's private home by one's own family is acceptable and allowed, as long as the title was purchased from a licensed distributor. However, viewing at a club which would by definition be a public showing, if a fee is charged for the viewing of said fansub, or not. that is a violation of the copyright laws.


Last edited by Mohawk52 on Tue Dec 02, 2003 11:00 am; edited 1 time in total
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Cassandra



Joined: 13 May 2002
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PostPosted: Tue Dec 02, 2003 11:00 am Reply with quote
Mohawk52 wrote:
Cassandra wrote:
littlegreenwolf wrote:
I said watch, not download. Say you're at a friend's house, and you all watch fansubs, or you show them at an anime club or something. Technically, you're still breaking the law by watching it.


It's the distribution part that is illegal, not the actual viewing of it.
Vewing in one's private home is acceptable and allowed. However, viewing at a club which would by definition be a public showing, if a fee is charged for the viewing of said fansub, or not. that is a violation of the copyright laws.


It actually depends on whether or not you get permission from the license holders. If a title is licensed...let's use Wolf's Rain as an example, you can ask the license holder (Bandai, in this case) if you can show the title. If Bandai says OK, then you're all good. If they say no, then you can't show it. If there isn't a US licensor, as far as I know, there is no real international copyright law about showing stuff. Or at least the Japanese companies don't seem to care about it.
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Mohawk52



Joined: 16 Oct 2003
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PostPosted: Tue Dec 02, 2003 11:03 am Reply with quote
Cassandra wrote:
Mohawk52 wrote:
Cassandra wrote:
littlegreenwolf wrote:
I said watch, not download. Say you're at a friend's house, and you all watch fansubs, or you show them at an anime club or something. Technically, you're still breaking the law by watching it.


It's the distribution part that is illegal, not the actual viewing of it.
Vewing in one's private home is acceptable and allowed. However, viewing at a club which would by definition be a public showing, if a fee is charged for the viewing of said fansub, or not. that is a violation of the copyright laws.


It actually depends on whether or not you get permission from the license holders. If a title is licensed...let's use Wolf's Rain as an example, you can ask the license holder (Bandai, in this case) if you can show the title. If Bandai says OK, then you're all good. If they say no, then you can't show it. If there isn't a US licensor, as far as I know, there is no real international copyright law about showing stuff. Or at least the Japanese companies don't seem to care about it.
They most definately care, when they are aware as this news report atests, and that, as you describe, wouldn't be a "fansub" then, would it?
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Cassandra



Joined: 13 May 2002
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PostPosted: Tue Dec 02, 2003 11:25 am Reply with quote
Mohawk52 wrote:
Cassandra wrote:


It actually depends on whether or not you get permission from the license holders. If a title is licensed...let's use Wolf's Rain as an example, you can ask the license holder (Bandai, in this case) if you can show the title. If Bandai says OK, then you're all good. If they say no, then you can't show it. If there isn't a US licensor, as far as I know, there is no real international copyright law about showing stuff. Or at least the Japanese companies don't seem to care about it.
They most definately care, when they are aware as this news report atests, and that, as you describe, wouldn't be a "fansub" then, would it?


We're talking about one Japanese company (a rather small one, from what I understand) requesting that a title that they are in negotiations to get licensed be removed from a fansubbers distribution list. We aren't talking about a large company requesting a non-US licensed show stopped. There's a difference. When a Japanese company requests an old title that is unlikely to be licensed (Anne of Green Gables, for example), that's when this discussion about fansubs at conventions will be relevant.


EDIT: I finally figured out what you meant by that last part Embarassed I'll use the Kare Kano example:
Right Stuf licensed Kare Kano.
Otakon wanted to show it before the R2 DVDs were out.
Otakon obtained permission from Right Stuf to show a fansub (a sub made by fans) of Kare Kano.
At Otakon 2000, almost the entire series was shown fansubbed. It was still before Right Stuf got the legit versions out.
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Meson



Joined: 28 Jun 2002
Posts: 219
Location: Buffalo, NY
PostPosted: Tue Dec 02, 2003 11:09 pm Reply with quote
[quote="Cassandra"]
Mohawk52 wrote:

EDIT: I finally figured out what you meant by that last part Embarassed I'll use the Kare Kano example:
Right Stuf licensed Kare Kano.
Otakon wanted to show it before the R2 DVDs were out.
Otakon obtained permission from Right Stuf to show a fansub (a sub made by fans) of Kare Kano.
At Otakon 2000, almost the entire series was shown fansubbed. It was still before Right Stuf got the legit versions out.


The copy wouldn't be a fansub. The subbers may be fans, but the copy (and translation) still would be official.That's the difference. What Otakon showed would of been called an ephemeral copy. Ephemeral copies are copies of a product created specifically to assist in the preformance, broadcast, and / or distribution of that product. They are more commonly called dubs or back-up copies. Otakon made a dub of Kare Kano to show.

All anime dubs and subtiled releases are ephemeral copies of their Japanese originals.

Another example / analogy: I use mp3 files for broadcasting on Toon Radio.net, not the original CDs that I bought. Since I have an ephemeral license, I can play them in any public venue (I also have a performance license), including anime cons, without having to bring my CDs with me. My mp3s are considered offical copies, that is created by the copywrite holders themselves, even though I or another fan did the actualy encodings.
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Cassandra



Joined: 13 May 2002
Posts: 1356
Location: Birdsboro, PA
PostPosted: Wed Dec 03, 2003 7:04 am Reply with quote
[quote="Meson"]
Cassandra wrote:
Mohawk52 wrote:

EDIT: I finally figured out what you meant by that last part Embarassed I'll use the Kare Kano example:
Right Stuf licensed Kare Kano.
Otakon wanted to show it before the R2 DVDs were out.
Otakon obtained permission from Right Stuf to show a fansub (a sub made by fans) of Kare Kano.
At Otakon 2000, almost the entire series was shown fansubbed. It was still before Right Stuf got the legit versions out.


The copy wouldn't be a fansub. The subbers may be fans, but the copy (and translation) still would be official.That's the difference. What Otakon showed would of been called an ephemeral copy. Ephemeral copies are copies of a product created specifically to assist in the preformance, broadcast, and / or distribution of that product. They are more commonly called dubs or back-up copies. Otakon made a dub of Kare Kano to show.

All anime dubs and subtiled releases are ephemeral copies of their Japanese originals.

Another example / analogy: I use mp3 files for broadcasting on Toon Radio.net, not the original CDs that I bought. Since I have an ephemeral license, I can play them in any public venue (I also have a performance license), including anime cons, without having to bring my CDs with me. My mp3s are considered offical copies, that is created by the copywrite holders themselves, even though I or another fan did the actualy encodings.


No, it's still a fansub. (I believe the fansub group was called PeroPero and that was the only title they fansubbed.) Just because the licensor gave permission to use it does not make it official in any way, shape or form. If it was a copy of the R1 DVD, yes, it would be official. But it was not. (And the R1 DVD did not come out until about 2 years later.)
As for the MP3s, if you have the CDs then it is legal. However, if you do not own the CDs and just have the MP3s, that is a totally different ballpark.
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HeeroTX



Joined: 15 Jul 2002
Posts: 2046
Location: Austin, TX
PostPosted: Wed Dec 03, 2003 11:02 am Reply with quote
Cassandra wrote:

No, it's still a fansub. (I believe the fansub group was called PeroPero and that was the only title they fansubbed.) Just because the licensor gave permission to use it does not make it official in any way, shape or form. If it was a copy of the R1 DVD, yes, it would be official. But it was not. (And the R1 DVD did not come out until about 2 years later.)
As for the MP3s, if you have the CDs then it is legal. However, if you do not own the CDs and just have the MP3s, that is a totally different ballpark.

When the American company buys the rights to a show, they buy the DISTRIBUTION (and usually now "broadcast") rights to the program. As such, they can distribute the show in any format they choose. They normally distribute the show in top quality DVD format (or formerly master quality VHS tapes) because if THEY tried to sell you a copy of a tv broadcast recording, no one would buy it and everyone would scream at them. But if they (who now holds the US rights to a series) allow someone else to show it, the "fansub" is now an "official" copy. Have you seen "in progress" versions companies sometimes bring to conventions? They're often no better and sometimes worse (in quality) than fansubs, but they're just a step in the process and are totally "legit".
Anyway, you're just arguing semantics now. Bottom line is that once a company buys the US rights it is THEIR choice to distribute and/or prosecute, any UNbought series is the sole choice and decision of the Japanese owners. When fansubs were traded in limited numbers across tapes, they were like doujinshi, they promoted the show and it wasn't in the companies best interests to confirm their "existence" OR chase down the people responsible. Personally I think this is still the case, but we shall see.
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Cassandra



Joined: 13 May 2002
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PostPosted: Wed Dec 03, 2003 11:37 am Reply with quote
HeeroTX wrote:

When the American company buys the rights to a show, they buy the DISTRIBUTION (and usually now "broadcast") rights to the program. As such, they can distribute the show in any format they choose. They normally distribute the show in top quality DVD format (or formerly master quality VHS tapes) because if THEY tried to sell you a copy of a tv broadcast recording, no one would buy it and everyone would scream at them. But if they (who now holds the US rights to a series) allow someone else to show it, the "fansub" is now an "official" copy. Have you seen "in progress" versions companies sometimes bring to conventions? They're often no better and sometimes worse (in quality) than fansubs, but they're just a step in the process and are totally "legit".
Anyway, you're just arguing semantics now. Bottom line is that once a company buys the US rights it is THEIR choice to distribute and/or prosecute, any UNbought series is the sole choice and decision of the Japanese owners. When fansubs were traded in limited numbers across tapes, they were like doujinshi, they promoted the show and it wasn't in the companies best interests to confirm their "existence" OR chase down the people responsible. Personally I think this is still the case, but we shall see.


Yes. The distribution. Somehow I doubt that Right Stuf is the one that gave the tapes to Otakon. That still doesn't make the fansubs legit. (Unless you are using "legit" to mean that Otakon had permission to show it....) What most likely happened:
Someone at Otakon had the fansubs from before it was licensed.
Otakon wanted to show the series so they asked Right Stuf for permission.
Right Stuf wanted to advertise the show a bit so they gave Otakon permission to show a fansub.

That doesn't make the tapes anymore legal than they were before the show got licensed.
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HeeroTX



Joined: 15 Jul 2002
Posts: 2046
Location: Austin, TX
PostPosted: Wed Dec 03, 2003 5:40 pm Reply with quote
Cassandra wrote:

Otakon wanted to show the series so they asked Right Stuf for permission.
Right Stuf wanted to advertise the show a bit so they gave Otakon permission to show a fansub.

That doesn't make the tapes anymore legal than they were before the show got licensed.

Not true, the are COMPLETELY more legal than before. Here's how it goes:
-You translate a script for Manga A (but you have no rights to Anime A)
-You make a scanlation of Manga A (scanlation is illegal because you have no rights to it)
-You negotiate the rights to (x language relase of) Manga A (scanlation is now TOTALLY legal BECAUSE you "own" the right to make it)

To add a step, suppose the person making the scanlation is now instead someone else, and suppose you PAY them to use their scanlation. (EXACT same as paying a translator to make it, except you're paying for a product already made) Now said scanlation is totally legal, you own it.
Now add another aspect, let's say said person will give you the scanlation for free, OR suppose you just love Manga A so much that you want to see it distributed, so you as the rights holder tell scanlation maker you can distribute that for free. Said scanlation is again, now TOTALLY LEGAL.

This is essentially exactly what happened with Otakon (assuming that happened). Otakon had or made a fansub of KareKano, but RightStuff owns the AMERICAN rights to KareKano. RightStuff permitted Otakon to have the rights to their property for the purposes of a convention showing.

To expand further, when you buy a DVD, you buy the private use rights for the intellectual property on that DVD. This does NOT allow you to copy and redistribute the material (so obviously you don't own the material) and Company X can't come in your house and arrest you for watching a DVD you bought (so you DO have some rights over the material), so that is what companies are selling. But just because they ARE selling it, doesn't mean they CAN'T just give it to whomever they choose for free. It's not the "tape" that is illegal, it is the material that is on it, which is only an important distinction in this discussion. Incidentally, this is also why US manga companies can request that Japanese companies NOT release an English or bilingual version of mangas, which COULD be noted as illegal in the US, since a given company negotiated the US rights for the material, even if the Japanese publisher first created it.
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cyrax777



Joined: 05 Mar 2003
Posts: 1825
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PostPosted: Thu Dec 04, 2003 11:29 am Reply with quote
when it comes down to it the only time a fansub is legal is when you made it yourself from a source you own. (tape, dvd, LD, whatever fancy new format comes out next) (tv source is a grey area). Personly I the little effect on the industry as a whole in the long run becouse of fansubs. They will always be around and will continue to be around. This whole debate reminds me some video the Software assocation put out in the 80's called "Dont Copy that Floppy" which pretty much spoke of the armigeddion that piracy would bring the industy. didn't happen and the Same thing will happen now.
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