AMVs as fair use

General discussion of Anime Music Videos
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Kionon
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Post by Kionon » Sat Nov 03, 2007 9:23 pm

A Wide Berth for Transformative, Creative Uses: Copyright owners are within their rights to pursue nontransformative verbatim copying of their copyrighted materials online. However, where copyrighted materials are employed for purposes of comment, criticism, reporting, parody, satire, or scholarship, or as the raw material for other kinds of creative and transformative works, the resulting work will likely fall within the bounds of fair use.
Emphasis mine.

Seems like they back us up quite nicely.
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Post by Serv0 » Sat Nov 03, 2007 11:05 pm

shumira_chan wrote:I think, however, that the important thing is that maybe, just maybe,
someday it won't matter anymore.
Unfortunately, the ability for piracy is constantly evolving. And the more piracy evolves, so will the infringement and copyright fight.
There's a war going on between piracy and copyright, and AMVs unfortunately are caught in the middle of the two.
trythil wrote:To really get to the point, however, fair use is a defense to be used when you get sued for infringement. Like any defense, it can fail.
You're right, and I would like to add on to the statement if I may: Just because the EFF says so, doesn't necessarily mean it's absolute within the copyright law. Remember, EFF is a non-profit advocacy and not a government funded organization.
If there's anything that has the final word, it would be:
shumira_chan wrote:I don't really think that the legality argument will ever be resolved.
In the end the deeper pockets win.
Count me in.
Money would have the final word.

Personally, the AMVs right now are currently in a safe position between the piracy and copyright fight because the practice gains no profit.
Once a person gains a single cent from an author's work, would tension start to stir.

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Post by Esrhan » Sun Nov 04, 2007 3:21 am

Professor Eric Faden of Bucknell University on fair use:
http://cyberlaw.stanford.edu/documentar ... y-use-tale

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Post by Kionon » Sun Nov 04, 2007 3:47 am

Esrhan wrote:Professor Eric Faden of Bucknell University on fair use:
http://cyberlaw.stanford.edu/documentar ... y-use-tale
What. Is. Fair! Use?

I've seen it, it's awsm.
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Post by Purge » Sun Nov 04, 2007 6:18 am

servo101010 wrote:
Personally, the AMVs right now are currently in a safe position between the piracy and copyright fight because the practice gains no profit.
Once a person gains a single cent from an author's work, would tension start to stir.
will an amv ever be marketable?
I don't think anytime in the near future, but does that mean that AMv's will always be "safe" :?

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Post by OropherZero » Sun Nov 04, 2007 7:47 am

servo101010 wrote: Personally, the AMVs right now are currently in a safe position between the piracy and copyright fight because the practice gains no profit.
Once a person gains a single cent from an author's work, would tension start to stir.
err no some authors just generally feel offended that their work is being used for something else without permission, 'artistic thievery'

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Post by JaddziaDax » Sun Nov 04, 2007 9:54 am

Purge wrote:will an amv ever be marketable?
I don't think anytime in the near future, but does that mean that AMv's will always be "safe" :?
I've seen people try to "sell amvs" of course they got reported to ebay for being bootleggers on top of it :/

and "Anime Works" has been attempting to put "music clips" as an extra on some of their dvds... unfortunately most of those "music clips" are awful ;_;

I've also heard of companies "hiring amv editors" to make surprise cookies and such to add to the extras on their dvds... (I kinda wish they would do that more often, I'd so go for it)

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Post by Purge » Sun Nov 04, 2007 10:32 am

JaddziaDax wrote:
Purge wrote:will an amv ever be marketable?
I don't think anytime in the near future, but does that mean that AMv's will always be "safe" :?
I've also heard of companies "hiring amv editors" to make surprise cookies and such to add to the extras on their dvds... (I kinda wish they would do that more often, I'd so go for it)
wah you reminded me of something i came across a while ago where they were using those online editing programs to get people to promote Dragon Ball Z: BT3 - they allowed users to make AMV-esque vids from stock media- dramatically put it was Horrifying :x

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Post by Aarlekk » Sun Nov 04, 2007 10:40 am

a similar thing happened with my amv, made on fate stay night. and it was removed for copyright infingement, despite the fact that i mentioned it mas a FAN MADE AMV... can somebody explain me why did this happen?

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Post by BasharOfTheAges » Sun Nov 04, 2007 11:03 am

servo101010 wrote:Once a person gains a single cent from an author's work, would tension start to stir.
Con prizes have monetary value in many cases.
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