Sakura con takes down Girugamesh ad parody on youtube?

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LivingFlame
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Re: Sakura con takes down Girugamesh ad parody on <a href=

Post by LivingFlame » Sun Mar 29, 2009 10:34 pm

Pwolf wrote:The later example, which the parody is essentially doing to a degree, could be considered slander/libel (or fraud) which is against the law. I'm not a lawyer though so don't take my word on that.

Pwolf
I can't see this being successfully tried for libel. Sakura-con (or rather, their parent company) would presumably be considered a public figure, so in order to win a libel case, they would have to prove actual malice (reckless disregard for the truth). That said, I can't see where they could possibly prove that. (See New York Times v. Sullivan. If you want a case where the public figure isn't also a public official, then I can find you one. That's just one of the most famous ones.)

Outside of that, there's plenty of potential defenses for the creator of the parody to use. For one thing, from what I can tell, nothing in the parody video is inherently untrue, so that's one easy defense. Nothing in the video ever claims that the video is made by Sakura-con or their parent company. In one sense, the parody is a critical commentary of Sakura-con and the way they do things, so fair comment becomes another libel defense. Tack on to that an opinion defense (First Amendment defense), and you're pretty well set on the libel front. And parody, as such, probably can't be tried successfully for libel anyway. (See Hustler v. Falwell. Only difference is Hustler put a disclaimer on their parody, though I would argue that wouldn't matter.)

The only reason I can see for this video to ever be take down is if the licensers of Yu-Gi-Oh claimed copyright infringement. It's really not parodying any aspects of Yu-Gi-Oh, so that part of the video may not be protected. Sakura-con still has no claim to pull this video down, though.
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Re: Sakura con takes down Girugamesh ad parody on <a href=

Post by dragontamer5788 » Sun Mar 29, 2009 11:51 pm

I would assume that the primary issue here is not in the legality of this case... (Law ought to be determined by morals... not the other way around). The issue that bugs me most is the way they took down the video. Of all things to do... a copyright claim?

I concur with BasharOfTheAges, although only to some degree. I'll give the Asia Northwest Cultural Education Association the benefit of the doubt... and just assume that they don't fully grasp how much our rights as fan-artists, amv makers, or cosplayers are under attack... by the very mechanism they used to take down this LittleKaribo's video. Even more unfortunate... this will spread ignorance of Copyright even more. (Youtube's system is not a court of law. This specific takedown is not representative of Copyright laws)

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Re: Sakura con takes down Girugamesh ad parody on <a href=

Post by godix » Mon Mar 30, 2009 12:06 am

Pwolf wrote:That all depends on who is viewing it and where it's being viewed. afaik, if the video is embedded in another website, you can't read the description. I also would have no idea that that particular user posts parodies, and i didn't until you just mentioned it. I also rarely read the description. As i mentioned in my example, you could have little timmy watching it with mommy and daddy who wouldn't know better. You can't say everyone knows it's a parody and Sakura-con had nothing to do with it. There are going to be people out there who don't know better. Shit, there are noobs that think making AMVs is legal, lol.

Honestly, i really don't know what the law is on something like this. I can see how it might be considered defamation or libel or whatever, but the law is so fucked up anyway, who knows. anyway, that doesn't matter... I still disagree with the way it was handled. I just wanted to give a different perspective as to what their motives and justifications were for the take down.
There is no requirement that says parody must be labeled as such. A Modest Proposal was not titled 'OMFG it's a joke guys'. Neither Jon Stewart or Colbert have disclaimers they're parody (sometimes they mention it on show but not in a 'we have to say this' way). Some people may not get the parody but that doesn't change the fact it is a parody and, technically, is legal.
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Re: Sakura con takes down Girugamesh ad parody on <a href=

Post by dragontamer5788 » Mon Mar 30, 2009 12:09 am

dragontamer5788 wrote:Even more unfortunate... this will spread ignorance of Copyright even more. (<a href="http://www.animemusicvideos.org/forum/v ... sack</a>'s system is not a court of law. This specific takedown is not representative of Copyright laws)
Such as... to myself. Okay, ignore this sentence please. I'm quite a bit more ignorant on copyright-related matters than I thought I was. How ironic ehh? :oops:

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Re: Sakura con takes down Girugamesh ad parody on <a href=

Post by Brad » Mon Mar 30, 2009 2:28 am

Well I for one will not be submitting an AMV to Sakura-con :O









...................... :uhoh: :uhoh: :uhoh: :uhoh: :uhoh:
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Re: Sakura con takes down Girugamesh ad parody on <a href=

Post by Kionon » Mon Mar 30, 2009 8:19 am

yeah, most of us already did. :|
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Re: Sakura con takes down Girugamesh ad parody on <a href=

Post by godix » Mon Mar 30, 2009 9:01 am

Kionon wrote:yeah, most of us already did. :|
Is there anything preventing you from sending an email asking your vid be removed from the contest? Not that I exactly support punishing their AMV contest for things beyond the AMV guys control, but it is possible to withdraw if you want.
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Re: Sakura con takes down Girugamesh ad parody on <a href=

Post by Kionon » Mon Mar 30, 2009 9:03 am

I was just commenting on Brad's comment.

In fact, this is just what the executive board wants. They want an excuse to kill the contest outright.
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Re: Sakura con takes down Girugamesh ad parody on <a href=

Post by katsuya_kaiba_chan » Mon Mar 30, 2009 9:39 am

Kionon wrote:I was just commenting on Brad's comment.

In fact, this is just what the executive board wants. They want an excuse to kill the contest outright.
Well they did force the AMV out of the main events room because 'they need it's time slot to set up for dances and concerts.'
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Re: Sakura con takes down Girugamesh ad parody on <a href=

Post by Corran » Mon Mar 30, 2009 10:44 am

Kionon wrote:In fact, this is just what the executive board wants. They want an excuse to kill the contest outright.
What are you basing that on? Even though the Vice-chair is this guy?

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