Making Money Off AMV's?

jonmartensen · Post by **jonmartensen** » Tue Mar 18, 2003 10:58 pm

For a clear answer as to the legallity of AMV distibution via any medium (consensus not withstanding)

According to the fair use law of copyrighted material one may only distribute copyrighted material (edited or not) for

...criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research...

none of those uses are

...an infringement of copyright.

None of those qualifications are met for AMV's. Therefore, the transmission of any AMV is in violation of copyright laws. One can not "sell" a DVD of AMV's at all, if they don't want to break the law.

Ethically: Internet distribution and non-profit distribution via DVD's is considered to be "OK" (or at least that seems to be the consensus)

EarthCurrent · Post by **EarthCurrent** » Tue Mar 18, 2003 11:02 pm

Ooooo...you are truly a worthy adversary, Jon.

Now go <a href="http://www.animemusicvideos.org/phpBB/v ... 1922">give me some ideas for my next AMV</a>

FirestormXIII · Post by **FirestormXIII** » Tue Mar 18, 2003 11:29 pm

jonmartensen wrote:According to the fair use law of copyrighted material one may only distribute copyrighted material (edited or not) for
...criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research...
none of those uses are
...an infringement of copyright.

None of those qualifications are met for AMV's. [/quote]
I know this has been beaten to death, but I'm not so sure that none of those qualifications are met for AMVs. It's arguable that AMVs can be/are distibuted for criticism or comment (especially when sharing the AMVs with other creators); although when AMVs are given out at cons that's probably not the intent.

Oh well, at any rate, I'm donwe with this topic for the time being.

jonmartensen · Post by **jonmartensen** » Tue Mar 18, 2003 11:36 pm

I know this has been beaten to death, but I'm not so sure that none of those qualifications are met for AMVs. It's arguable that AMVs can be/are distibuted for criticism or comment (especially when sharing the AMVs with other creators);

Quite true, and quite true.

But the criticism in the fair use laws and criticism of AMV's are two different things. Fair use allows the critiquing of a copyrighted material and distribution of parts of said material. AMV's are critiqued on the creators editing abilities, not to mention that usually a fully unedited copyrighted song is part of the AMV.

Sorry for being a pit bull with the subject, but... meh! I just tend to do this sometimes.

FirestormXIII · Post by **FirestormXIII** » Wed Mar 19, 2003 2:14 am

jonmartensen wrote: But the criticism in the fair use laws and criticism of AMV's are two different things.

Oh yes, I'm aware of that. It simply depends on how you look at it, since 'criticism' isn't really defined.

jonmartensen wrote:AMV's are critiqued on the creators editing abilities, not to mention that usually a fully unedited copyrighted song is part of the AMV.

Good point, and I agree. It really comes down to the scenario of who you end up facing down in court

If it's the anime industry, then the arguement of criticism (abeit used loosely) of video editing techniques using anime as a medium may come as a valid arguement.
If it's the music industry...well, you're screwed

jonmartensen wrote:Sorry for being a pit bull with the subject, but... meh! I just tend to do this sometimes.

It's quite alright, ultimately I agree with you. Because, in the end, once we distribute our work what we do becomes illegal.
Of course it's not like the fact has, or will stop anyone that wants to do it.

OtakuOutpost · Post by **OtakuOutpost** » Wed Mar 19, 2003 4:11 am

Here we go again. Please read all the previous topics listed above before posting. I'm sure someone has already stated your opinion/belief. If you don't have anything new to add to the topic, please try to refrain from posting.

--Tony

Baka Boy · Post by **Baka Boy** » Wed Mar 19, 2003 9:37 am

Thank you for all the info...so is it okay to sell them just so you get back what you spent on them? And when it comes down to it, I don't think selling your AMV's is wrong. I mean if you were selling them for like 10 bucks then thats just asking for trouble but I think AMV's is somewhat of an artistic thing. We dont have the ability to make anime ourselves so we make music videos (which dedicate, entertain, amaze and sometimes mock) our favorite anime. I think AMV's is an artistic statement for some and why shouldn't the artists sell their work to people for a little price (which cancels out what they spent on the blanks) so people are able to watch them, enjoy them, appreciate them, and maybe have a respect for anime or the artists who work hard to make AMV's or perhaps it will inspire them to wanna become AMV makers themselves! That's my America, man!