AMVs as fair use

[JaddziaDax]

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?

1 your sig is way too big please read the org <a href="http://www.animemusicvideos.org/phpBB/viewtopic.php?t=289">Forum Rules</a>

2 its called a sweep, if it was hit on some site other than this one. sites like the tube dont check what it is they are deleting they just delete it, plus if you read their upload rules you would see that even "fan made amvs" are against their copyright rules.

[Kionon]

I am an editor; not an Otaku. I only buy anime if I need to use it as source. If company X or Y or Association Z finds a way to make legal fiction of AMVs as harm, they only punish themselves. I do not buy their product on its other merits; mostly because I don't care. I'll find a free alternative, such as broadcast television.

The one exception is Kimagure Orange Road, which as I love the series itself, I have purchased on three separate occasions.

If I support the production team so much I am willing to make a video from their source, I will purchase the video. The same with the audio. My production is what drives my purchases.

In the case of Minmay's A Bitch, you may recall I even asked for, and received, permission from Bowling For Soup to use The Bitch Song. They agreed, in major part because they realize that I serve no "substitution" threat. They also happen to be huge fans of Robotech, and just liked the idea.

[Serv0]

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'

uhhh...perhaps you're thinking of droit d'auteur, which is not fair use. Remember, I didn't say that AMVers are in trouble just for the fact that they use existing work. Only would the editor be in trouble if the AMV gains profit without given permission.

It would be best if everyone here understood the concept of derivative work.

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)

This is an example of corporate authorship. This is somewhat different to fair use, because dokidoki already had permission from ADV to use their footage and songs.
The topic of this thread is concerned with AMVs that do not have permission and how they qualify for fair use.

[Serv0]

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.

Could you expand on how this affects the conditions of AMVs in the copyright world? Perhaps stating why Cons can get away with this "monetary value." Or do they in the first place?

[BasharOfTheAges]

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.

Could you expand on how this affects the conditions of AMVs in the copyright world? Perhaps stating why Cons can get away with this "monetary value." Or do they in the first place?

Simply put, some people do receive monetary compensation for AMVs (through prizes) and therefore your assertion is improperly worded as to suggest it doesn't already happen and is therefore misleading and ignorant.

[Serv0]

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.

Could you expand on how this affects the conditions of AMVs in the copyright world? Perhaps stating why Cons can get away with this "monetary value." Or do they in the first place?

Simply put, some people do receive monetary compensation for AMVs (through prizes) and therefore your assertion is improperly worded as to suggest it doesn't already happen and is therefore misleading and ignorant.

So why aren't these Con winners and Cons getting letters from Record Company lawyers? Keep in mind that Wind-Up Records has taken action in the past concerning this very site.

[JaddziaDax]

and as to your response of my earlier comment: wut bashar said...

to answer your last question: probably because several convention contests are actually sponsored by the anime licensing companies? (they see it as free advertisement)

[Scintilla]

to answer your last question: probably because several convention contests are actually sponsored by the anime licensing companies? (they see it as free advertisement)

More to the point, several conventions pay licensing fees to the record companies so that the AMV contest is covered and the songs can be legally played for the crowds.

[outlawed]

Fair Use \F4\ur\ yooz
(Legalese) 1 - The justification that USA anime fans use to download fucktons of anime without paying for it.

Usage: "Downloading anime is fair use because we are really helping the industry by promoting anime we would never have known about and then failing to purchase it when USA companies release it because it sucked pretty badly."

"Man, thank gawd for fair use. With Bittorrent and Geico I just saved a ton of money."

[outlawed]

More to the point, several conventions pay licensing fees to the record companies so that the AMV contest is covered and the songs can be legally played for the crowds.

Public performance rights != copyright infringement protection.