Good point. The use of original footage may make it not-a-parody, perhaps even in the cases where the video actually is poking fun at the original anime.Arigatomyna wrote:I think the problem with this is that fan videos actually use the original product (unlike fanfics where only the idea is reproduced, or fan-manga aka doujinshis where it's a 'similation' of the original). Fan videos use the footage - they don't create their own version of it, they actually *use* the footage itself. The same for music - they aren't doing their own versions of the songs, they're actually using those songs. Even changes to the original footage won't count as 'parody' because it's still the original, just rearranged. Parody work, like the sort protected in the US (think of books) rely on the idea that only the 'concept' is being reproduced, or the 'idea' is being twisted.Akai Rurouni wrote:I could also make an argument that they should be protect under parody, but I'm not positive that would hold up for _all_ AMVs. (Depends on the judge.)
But even parody work is sometimes outlawed. There are certain US writers who've taken it upon themselves to dissallow parody work based on their novels or ideas. If enough of them gang together, books like 'Wind Done Gone' (a parody of 'Gone with the Wind' for those who don't know) will be considered 'intellectual plagiarism' and taken off the shelves. So far we're doing good to keep these people from...outgrowing their britches. There's no way we could stretch 'parody protection' to include fan videos.
Amvs use too much of the original content to be parody - instead of reproducing excerpts (words), they reproduce footage - either one is allowed in moderation with the proper citation, but basing an entire work (or video) on someone else's material is theft. I don't think any US laws can be twisted enough to make that legal.
As for parody work being outlawed, no author (or any other form of artist) is allowed to forbid parody of thier work. Some may try to strongarm people into not doing it. Some may even _try_ to take parodies to court.
However, parody is protected by law as long as they don't violate other parts of IP law at the same time. For that reason, parody is on the edge of IP law to begin with. So although it's protected, straying a little too far to one side and getting a judge favorable to authors could be bad news for the parody. But the bottom line (as I see it) is that if a court rules against a pardy, then either it was doing something wrong besides just parody, or the judge made a bad (incorrect) ruling.
But I bet most cases of parodies being pulled or retracted are due to the original author strongarming or threatening the parody's author or the distribution channels, rather than an actual court ruling.
