Nihon copyright ??

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Voidses_
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Re: Nihon copyright ??

Post by Voidses_ » Fri Oct 12, 2012 6:11 pm

Yeah I know, but it's not worth risking. It's not like AMV is my only hobby. I'll just do something else even though I will miss it a little bit.

:dino:

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Otohiko
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Re: Nihon copyright ??

Post by Otohiko » Fri Oct 12, 2012 6:36 pm

It is also not worth leaving your house because a brick might fall on your head.
The Birds are using humanity in order to throw something terrifying at this green pig. And then what happens to us all later, that’s simply not important to them…

Voidses_
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Re: Nihon copyright ??

Post by Voidses_ » Fri Oct 12, 2012 7:14 pm

Otohiko wrote:It is also not worth leaving your house because a brick might fall on your head.
I know, that's why I started to make AMVs in the first place.

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Kionon
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Re: Nihon copyright ??

Post by Kionon » Fri Oct 12, 2012 7:44 pm

Why are you worried about being arrested and banned from the country when you are in Scandanavia, or are you here on a student visa?

I have long-term residency (but not permanent residency, yet). Also, if you have PR, and you get convicted of a criminal offense, you do not get deported or banned from the country. That's one of the benefits of PR. The downside is... you go to jail. With many criminal offenses in Japan, unless they are particularly violent, a non-citizen can get deported and banned, but won't spend time in a Japanese prison outside of the initial pick up, trial, and deportation centre. That said, none of those places are very pleasant...
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Voidses_
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Re: Nihon copyright ??

Post by Voidses_ » Fri Oct 12, 2012 8:06 pm

I forgot to mention I'm in Japan as a student didn't I? :sweat:
Back home it's not criminal to backup your media and creating AMVs would fall under "fair use".

Instead I'll spend my time creating that shmup I'v been meaning to do for a while now.

But today I'll visit Shinjuku and Akihabara to buy some electronics and perhaps some otaku-goods.

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Kionon
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Re: Nihon copyright ??

Post by Kionon » Fri Oct 12, 2012 8:20 pm

You implied it. :)

Indeed, our argument here is that in the Org's country of origin, the US, AMVs are "fair use" and a court has already ruled that backing up media is not illegal.

As far as Japan goes, the possession rule which covers backups is not likely to cause you issues if you purchase the original source and back it up, which is what we advocate here anyhow. There is no way to find you if you are buying DVDs and ripping them to your harddrive. They would find you by tracking your downloads, which if you are buying source, you don't have downloads. Most of us don't even keep the sources ripped after we finish videos. So, even releasing AMVs, which arguably still fall under fair use (although I'd rather not test it), if it leads back to your place of residence, the Japanese law covers full back-up copies. Not scattered clips or finalised AMVs. Because AMVs cannot be used as a substitute for the original the way back up copies can, the law does not seem to apply to them. However, this is discussing the video. I think we have a much harder road to hoe when it comes to the music portion, because that is not often altered, and may be used as a substitute (although realistically, as Kevmaster said in the landscape thread, this is batshit insane, and no one downloads AMVs as a substitute for music. They just go download the music).
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Voidses_
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Re: Nihon copyright ??

Post by Voidses_ » Sat Oct 13, 2012 4:49 am

LOL it would be horrendous if it was illegal to talk about it :uhoh: But me do understand what you say :nose:

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Kionon
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Re: Nihon copyright ??

Post by Kionon » Sat Oct 13, 2012 6:20 am

tl;dr I think you and me are both fine to keep on doing what we're doing.
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aesling
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Re: Nihon copyright ??

Post by aesling » Sat Oct 13, 2012 12:01 pm

Kionon wrote:...here is that in the Org's country of origin, the US, AMVs are "fair use"...
No, they're not really.
:ying:

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Re: Nihon copyright ??

Post by Kionon » Sat Oct 13, 2012 12:10 pm

No, they really are.

Strong legal arguments can be made that AMVs fit the four balance test, and are fundamentally transformative, as opposed to just derivative. Editing imports a significant amount of new value into the work, the nature of the work does not preclude criticism or commentary, and there is no use of the transformative for profit.
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