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Answerman - Are AMVs And Other Fan Works Really "Fair Use?"


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SaitoHajime101



Joined: 31 Mar 2013
Posts: 281
PostPosted: Mon Mar 14, 2016 1:30 pm Reply with quote
As an AMV creator myself, this is something I struggle with when putting it up on Youtube. I used to upload all my AMVs to Youtube, but now I'm very selective.

I've had about 1/3rd of my videos hit with audio removals or at least a block of viewing in certain countries. I've only had two videos actually taken fully down. I'd rather use sites like animemusicvideos.org over Youtube anyway, but Youtube provides a higher amount of exposure which makes it hard to stop using that platform altogether.

I have no issue with removing an AMV if requested as I know this is a huge grey area.
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WashuTakahashi



Joined: 18 Mar 2015
Posts: 415
Location: Chicago, IL
PostPosted: Mon Mar 14, 2016 2:44 pm Reply with quote
I actually lost my first youtube account due to Ouran High School Host Club AMVs. It had nothing to do with the songs used, just the video. (I could narrow it down to the video as I had other AMVs for other shows that were not targeted. And it wasn't a music company who filed against me, though I can't recall the company name now) That was a sad day. I lost all of the videos I didn't have backed up anywhere else and all of my subscribers. :/

I've had a few songs muted, but that doesn't count as a strike against your account like the video did for me. Pitch-shifting can usually get you around the issue though.
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Kiyoko



Joined: 27 Jul 2003
Posts: 131
Location: Pennsylvania
PostPosted: Mon Mar 14, 2016 2:57 pm Reply with quote
To me AMV's haven't just introduced me to new anime, but new musical artists as well.

I never listen to the radio and don't watch live TV anymore, so I don't have exposure to a lot of new music. Dozens of times I have seen an AMV/MAP or similar media, loved the song, and went and purchased the band's CD the next day.
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Lemonchest



Joined: 18 Mar 2015
Posts: 1771
PostPosted: Mon Mar 14, 2016 3:10 pm Reply with quote
Without AMVs, Linkin Park would be forgotten. Can't be sure how I feel about that.
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KidOblivion



Joined: 18 Feb 2014
Posts: 179
PostPosted: Mon Mar 14, 2016 3:26 pm Reply with quote
I'm an editor myself. I only use anime I own to make AMVs, never used torrents and I never will (this severely limits the amount of content I can use, but it's a small price). I know that FUNi doesn't really care unless Japan gets involved and they have to enforce it, I always liked that about them.
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Greed1914



Joined: 28 Oct 2007
Posts: 4426
PostPosted: Mon Mar 14, 2016 3:39 pm Reply with quote
That bit about conventions having to pay into ASCAP is interesting. I'd be curious to know at what point that becomes cost prohibitive. I would guess that the cost varies depending on the size of the convention, so smaller conventions wouldn't necessarily be priced out, but if the AMV contest isn't well-attended, it might not be worth doing at all.
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trilaan



Joined: 17 Jan 2009
Posts: 1054
Location: Texas
PostPosted: Mon Mar 14, 2016 4:20 pm Reply with quote
Lemonchest wrote:
Without AMVs, Linkin Park would be forgotten. Can't be sure how I feel about that.



Hahaha! In. The. Eeeeeeeeeeennnnnnd...you're probably right. I remember one of my first AMV contests (A-kon, 13) had so many videos set to Linkin Park's In the End it was ridiculous.


Several AMVs of mine have been flagged for copyright violations on YouTube, unfortunately. Hopefully recent events will help put a stop to this sort of thing, except in cases where it's truly deserved.
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WashuTakahashi



Joined: 18 Mar 2015
Posts: 415
Location: Chicago, IL
PostPosted: Mon Mar 14, 2016 4:26 pm Reply with quote
KidOblivion wrote:
I'm an editor myself. I only use anime I own to make AMVs, never used torrents and I never will (this severely limits the amount of content I can use, but it's a small price). I know that FUNi doesn't really care unless Japan gets involved and they have to enforce it, I always liked that about them.


That admirable and all, but I hope you know it makes absolutely no difference in terms of copyright. I own the vast majority of what I use in AMVs (the main exceptions being anime that haven't been licensed in the US), but that wouldn't stop any of those companies from taking down my AMVs if the mood struck them.
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HeeroTX



Joined: 15 Jul 2002
Posts: 2046
Location: Austin, TX
PostPosted: Mon Mar 14, 2016 5:22 pm Reply with quote
trilaan wrote:
Hahaha! In. The. Eeeeeeeeeeennnnnnd...you're probably right. I remember one of my first AMV contests (A-kon, 13) had so many videos set to Linkin Park's In the End it was ridiculous.

When checking entries one year, I had to do a double take to confirm I didn't get the same "In the End"/Evangelion video TWICE, two people submitted NEARLY identical AMVs of Eva footage to that song, and I'm sure there were probably a dozen more out in the wild.
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Freyanne



Joined: 06 Nov 2014
Posts: 216
PostPosted: Mon Mar 14, 2016 5:36 pm Reply with quote
I actually didn't know people still really made AMVs. ^^' Guess this explains a bit on why I'd barely hear about AMV contests, if any, at conventions I would go to.

I remember back in the day I used to watch them often, and remember coming across a lot of them that used: "Kyptonite", Linkin Park songs, Evanescence songs, and a bit of Cascada's "Everytime We Touch".
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Joe Mello



Joined: 31 May 2004
Posts: 2260
Location: Online Terminal
PostPosted: Mon Mar 14, 2016 5:47 pm Reply with quote
Greed1914 wrote:
That bit about conventions having to pay into ASCAP is interesting. I'd be curious to know at what point that becomes cost prohibitive.

You can purchase a blanket license that would allow you to play whatever whenever. Here's the pdf of the license for conventions et al that run less than 10 times per year. The fees are on the last page.
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Meygaera



Joined: 28 Apr 2011
Posts: 324
Location: Maryland
PostPosted: Mon Mar 14, 2016 6:47 pm Reply with quote
Joe Mello wrote:

You can purchase a blanket license that would allow you to play whatever whenever. Here's the pdf of the license for conventions et al that run less than 10 times per year. The fees are on the last page.


Holy crap, so a convention like Otakon would have to pay about $5,000 per song? The document specifies a convention as an event lasting less than 14 days, so if it is only 3 days could they negotiate a discount?

Or what about the fact that the AMV rooms can only hold a certain amount of people, like a few hundred. Would that maximum room capacity number be used for the price instead?
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SaitoHajime101



Joined: 31 Mar 2013
Posts: 281
PostPosted: Mon Mar 14, 2016 6:52 pm Reply with quote
Meygaera wrote:
Joe Mello wrote:

You can purchase a blanket license that would allow you to play whatever whenever. Here's the pdf of the license for conventions et al that run less than 10 times per year. The fees are on the last page.


Holy crap, so a convention like Otakon would have to pay about $5,000 per song? The document specifies a convention as an event lasting less than 14 days, so if it is only 3 days could they negotiate a discount?

Or what about the fact that the AMV rooms can only hold a certain amount of people, like a few hundred. Would that maximum room capacity number be used for the price instead?


Its a blanket license, not a per song license. It means that for the course of the event, as many days as specified when signing the document, you are allowed to play any song, any number of times. I'm sure radio stations have something similar worked out. Can you imagine the amount of money spent if they had to pay every record company $5,000? Way too many record companies covered in a simple AMV competition to be able to afford it if that were the case.

What I'm curious about is it lists a field for "American Society of Composers". How does this work with overseas music? Say a convention wants a playlist of multitude of different Japanese artists? Would this ASCAP license cover overseas musicians as well?
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phia_one



Joined: 15 Jan 2012
Posts: 1657
Location: Pennsylvania
PostPosted: Mon Mar 14, 2016 7:44 pm Reply with quote
Kiyoko wrote:
To me AMV's haven't just introduced me to new anime, but new musical artists as well.

I never listen to the radio and don't watch live TV anymore, so I don't have exposure to a lot of new music. Dozens of times I have seen an AMV/MAP or similar media, loved the song, and went and purchased the band's CD the next day.


I'm the same way. I can still vividly remember what artists/songs I discovered from a single AMV. AMV's are how I discovered My Z-Hime and Saber Marionette J.
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Mr. Oshawott



Joined: 12 Mar 2012
Posts: 6773
PostPosted: Mon Mar 14, 2016 8:50 pm Reply with quote
Watching some AMVs was how I found out about Linkin Park some years earlier.
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