Are these...lega?

Castor Troy · Post by **Castor Troy** » Wed Nov 19, 2003 8:13 pm

nailz1000 wrote:No, they're completely illegal. Ignore that van outside your window.

It could be the pizza delivery guy!

Scintilla · Post by **Scintilla** » Wed Nov 19, 2003 9:32 pm

AtomX wrote:So yes, for all intensive purposes, they are not legal.

I hate to be a grammar Nazi, but the phrase is "for all intents and purposes".

Org Profile · Post by **Otohiko** » Wed Nov 19, 2003 9:40 pm

Pie Row Maniac · Post by **Pie Row Maniac** » Thu Nov 20, 2003 12:22 am

Otohiko wrote:[img]<what, the topic is over, ain't it?>

Yeah. Your work here is done.

madbunny · Post by **madbunny** » Sat Nov 22, 2003 2:28 am

So called guidbook:
http://www.eff.org/CAF/law/multimedia-handbook

Illustrative scenarios:
Works best in an educational environment
http://www.cetus.org/fair6.html

In short, yes its illegal.
You could get permission from the distributors, ADV, Studio Ghibli, or at least show an honest effort (records of actually trying to get permission)
Same thing with the music that you use.

If you do this, then your video will be legal.

Zarxrax · Post by **Zarxrax** » Sat Nov 22, 2003 2:59 am

But when getting permission to use the footage, who would you have to get permission from... cause the rights are owned by different people depending on where in the world you are. The internet is a rather universal thing... not limited to a particular region. Or what if you lived in one country and sent a video in to a contest in a different country?

Sorry ^_^;

madbunny · Post by **madbunny** » Sat Nov 22, 2003 4:42 am

right.

Ok, I think you're worried about this a bit much but here goes: What you are 'supposed' to do. It's your call.

Ok say you want to make a video to Linkin Park using the song 'don't stay' off the meteora album set to the video of Love Hina.

Linkin Park is through Warner Brothers, send a letter to them, or their legal department explaining what you want to do. Be sure to point out that it's not for profit. You may or may not get a form letter back from them, either way your ass is covered. If you make a million dollars off the video, they will probably want something.

Love Hina is distributed through Geneon Entertainment, do the same thing with them. Again they may blow it off or send you a form letter.

At some point you'll realize the if you cover your ass too much it turns into a diaper and probably get tired of writing letters to companies that make millions just so you can pursue a hobby in peace. The worst that would be likely to happen in the event that say, Britney Spears is at an Otakon and sees your video, going into a frenzy and begins bitching that she looks nothing like Misato, how dare she be compared through her music etc.. is that she'll ask (through legal proxy) that you erase it and don't use her stuff anymore.

Mostly the companies won't care. They'll consider this stuff like fan art, and probably not even respond. In some cases they will be overseas and not be able to read any feeble letters without a translator in the first place.

-----------------------------
Here is the section of the Fair Use law that you want to read. Bear in mind that the law has several self contradicting sections in it, self administer large quantities of coffee before trying to read it though.

PER TITLE 17 - UNITED STATES CODE - SECTION 107
"Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -
1 the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2 the nature of the copyrighted work;
3 the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4 the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."

Pie Row Maniac · Post by **Pie Row Maniac** » Sat Nov 22, 2003 6:16 am

Bunny got it down.

koronoru · Post by **koronoru** » Sat Nov 22, 2003 11:18 am

Zarxrax wrote:Taking the music out of the equation, why would it be illegal to edit the anime (if it even is). I ask this because I have seen times when something like the evening news might play clips from some tv show or movie or what have you. Are they required to pay licensing fees on something like that?

Sometimes yes, sometimes no. They will usually try to pay licensing fees just to be on the safe side, but there is a concept called fair use (fair dealing in Canada) which exempts some forms of copying from prosecution.

Zarxrax wrote:If no, how are we any different?

Quantity and nature of use. Fair use/fair dealing is intended to apply to small quotes used in critical review, as a small part of something larger which is mostly original. We use entire songs, minutes of anime footage per video (in total, even if it's all in half-second clips) and our videos consist almost entirely of copied work often little or no creative material of our own; the creativity is in the editing and that's barely recognized as a creative activity under copyright.

Also, and this isn't a legal difference but it's a very real one: TV networks are big. We are small. Who's easier for copyright holders to stomp on?

Scintilla · Post by **Scintilla** » Sat Nov 22, 2003 8:12 pm

madbunny wrote:Love Hina is distributed through Geneon Entertainment, do the same thing with them. Again they may blow it off or send you a form letter.

Actually...

http://www.bandai-ent.com/products/index.cfm?s=62