Can I make an AMV/FMV of my favorite anime and upload it to

[Adv1sor]

Can I make an AMV/FMV of my favorite anime and upload it to Y-o-uTube?
We cannot expressly authorize you to upload video or use FUNimation’s content. However, we do not plan to take legal action against creators/distributors of anime-based media that qualifies as a fair use of the underlying animation. Nor do we tend to remove such media intentionally, provided that the video is clearly marked in a way that would identify it as a fair use [in the title] such as a satire, parody, review or critique. For more on fair use, please see this Wikipedia entry:

Also, please bear in mind that video streaming services such as Y-o-uTube occasionally employ "video fingerprinting" technology to identify and remove videos containing ANY unauthorized footage, whether it's arguably a fair use or not.

from http://www.funimation.com/f_index.cfm?page=faq

There is yet hope!

Now if only the music industry would learn...

[The Wired Knight]

Heh, n ever thought I'd see that on an FAQ. Music industry is another matter because some of hte things that are inour favor for fair use in the anime industry don't work as well for the music industry.

Also I'm a bit baffeled by Funimation saying they are ok with it so long as it is labeled fair use. Fair use is an affirmative legal defense, so claiming it ahead of time really protects you from jack shit. It is used in the event of a lawsuit and otherwise should not come up.

[The Wired Knight]

On a second note, I noticed that they neglected to mention the DMCAA which technically permits them to pull any video of their stuff on youtube anyway since it is their copyright being infringed.

But maybe this is getting more technical than they want to on a simple FAQ.