Arguments against legal infringement court

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Arguments against legal infringement court

Postby TEKnician » Mon Nov 29, 2010 11:09 pm

Not really. But now that I have your attention: :wink:

What would be your defense if someone decided to take legal action against you for making AMVs? What would you say?

I ask because I want to make a defense for myself as well. I'm curious to see how much of an argument we can make to stand up for what we undoubtedly have a strong passion for.

We make no profit, nor do we claim ownership of whatever anime we use, and we don't pirate the anime we use either! We buy the DVDs, we rip them using certified software, and we even put disclaimers up all over them. If you can, imagine if you were the one filing the lawsuit. Find a reason why, then find ways to refute it.

[Mod #4423: Renamed the thread - please, use appropriate names, drawing attention like this is bad]
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Re: FUNIMATION IS SUING ME! HELP!

Postby Castor Troy » Mon Nov 29, 2010 11:10 pm

FUNi would never sue anyone since they like amvs.
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Re: FUNIMATION IS SUING ME! HELP!

Postby Fall_Child42 » Mon Nov 29, 2010 11:46 pm

I live in Canada.
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Re: FUNIMATION IS SUING ME! HELP!

Postby JaddziaDax » Tue Nov 30, 2010 12:03 am

"Okay I'll stop distributing your copyrighted material" and then actually stop distributing it.
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Re: FUNIMATION IS SUING ME! HELP!

Postby Prodigi » Tue Nov 30, 2010 12:07 am

Dr.Dinosaur wrote:I live in Canada.

Australia.

What up. :amv:
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Re: FUNIMATION IS SUING ME! HELP!

Postby Dark Lord of Debate » Tue Nov 30, 2010 1:07 am

Haha, I looked at this thread title and thought my opportunity had finally arrived. Guess not quite yet. But in answer to your question, I would mount a full fair use defense and counterclaim for copyright abuse and violation of anti-SLAAP (Strategic lawsuit against public participation) laws. If the suit came after a DMCA takedown notice, I'd also bring a class action under the misrepresentation clause of the DMCA on behalf of ever vidder whose work they had taken down with improper DMCA notices that failed to consider fair use (which they're legally required to do). Actually the latter part I am seriously considering doing anyway as soon as I graduate from law school and get a little experience as a lawyer so I know what I'm doing. In my view, AMVs are highly likely to be considered fair use (both with the video and the music) if the issue ever went to court, and copyright owners that abuse the takedown process on YouTube by misrepresenting them as infringing could be held liable for it.

At any rate, if you want to read a full blown analysis of whether AMVs are fair use or not, I wrote one a couple years ago which you can read here.

By the way, that website (http://fairusetube.org) is something I made to help amateur video editors deal with copyright problems on YouTube. Everyone here could probably benefit by reading my Guide to YouTube Removals which discusses your options for getting videos restored after they're taken down on YouTube for copyright violation.
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Re: FUNIMATION IS SUING ME! HELP!

Postby Nya-chan Production » Tue Nov 30, 2010 8:02 am

Prodigi wrote:
Dr.Dinosaur wrote:I live in Canada.

Australia.

What up. :amv:

The Czech Republic.

I doesn't speak Engrish |:
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Re: FUNIMATION IS SUING ME! HELP!

Postby TEKnician » Tue Nov 30, 2010 12:25 pm

Dark Lord of Debate wrote:Haha, I looked at this thread title and thought my opportunity had finally arrived. Guess not quite yet. But in answer to your question, I would mount a full fair use defense and counterclaim for copyright abuse and violation of anti-SLAAP (Strategic lawsuit against public participation) laws. If the suit came after a DMCA takedown notice, I'd also bring a class action under the misrepresentation clause of the DMCA on behalf of ever vidder whose work they had taken down with improper DMCA notices that failed to consider fair use (which they're legally required to do). Actually the latter part I am seriously considering doing anyway as soon as I graduate from law school and get a little experience as a lawyer so I know what I'm doing. In my view, AMVs are highly likely to be considered fair use (both with the video and the music) if the issue ever went to court, and copyright owners that abuse the takedown process on YouTube by misrepresenting them as infringing could be held liable for it.

At any rate, if you want to read a full blown analysis of whether AMVs are fair use or not, I wrote one a couple years ago which you can read here.

By the way, that website (http://fairusetube.org) is something I made to help amateur video editors deal with copyright problems on YouTube. Everyone here could probably benefit by reading my Guide to YouTube Removals which discusses your options for getting videos restored after they're taken down on YouTube for copyright violation.


Hmm...you make a pretty darn good argument there, my lord. I'd just yell "OBJECTION!" But seeing as though you are the real lawyer here, I'll let you do the talking. (But I'd still like to scream that in court one day)
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Re: FUNIMATION IS SUING ME! HELP!

Postby Fall_Child42 » Tue Nov 30, 2010 12:33 pm

The_TEKnician wrote:Hmm...you make a pretty darn good argument there, my lord. I'd just yell "OBJECTION!" But seeing as though you are the real lawyer here, I'll let you do the talking. (But I'd still like to scream that in court one day)


OBJECTION!
On what grounds?
Uhhh, Badgering the witness?
There is no witness.
Oh. Carry on.
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Re: Arguments against legal infringement court

Postby TritioAFB » Tue Nov 30, 2010 11:34 pm

I want to confess something: In my country there's a group of people that is working in a law to forbide anime and video games. Reason? "They're the cause of an increase of violence in the country" I was WTF when even stupid Tv programs non-anime related teach you how to hit people. It's not even Boxing :evil:
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Re: Arguments against legal infringement court

Postby MycathatesyouAMV » Wed Dec 01, 2010 2:23 am

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Re: Arguments against legal infringement court

Postby Bauzi » Wed Dec 01, 2010 2:50 am

My defense:

-It's fair use
-Art wants to be free
-I don't harm anybody and my work is way more of an advertisment for the sources
-There is not a lot of money to sue from me
- and finally if they still disagree than I would pull of my videos and would "never" do it again

@lokitocatracho:
This group sucks. In my country they play the CSI series uncensored at the 8:15PM prime time and well... CSI is explict like a SAW movie. THAT could traumatize our children.
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Re: Arguments against legal infringement court

Postby TritioAFB » Thu Dec 02, 2010 1:18 am

Bauzi wrote: @lokitocatracho:
This group sucks. In my country they play the CSI series uncensored at the 8:15PM prime time and well... CSI is explict like a SAW movie. THAT could traumatize our children.


Agreed bro. They actually hate me for being opposed
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Re: Arguments against legal infringement court

Postby Knowname » Thu Dec 02, 2010 12:36 pm

sorry?
If you do not think so... you will DIE
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Re: Arguments against legal infringement court

Postby Buttercupmensadklfm » Sat Jan 08, 2011 12:05 pm

I have a question? What if you're poor and can't afford to buy the DVDs? You didn't illegally download the footage and music BUT you had rented DVDs & music albums from your local library in order to make an amv. Would you get in legal trouble for that?
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