Fansubs are illeagal?

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Nekoboy Sal
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Post by Nekoboy Sal » Thu May 27, 2004 2:09 pm

:shock:
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I've just moved to Politicaly Corect "Republic of Ireland".

Xavier249
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Whoa!!

Post by Xavier249 » Fri Jun 04, 2004 7:54 pm

Where is this document you guys are reading this information from? I can't find it.
Any fool can criticize, and many of them do.

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Nekoboy Sal
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Post by Nekoboy Sal » Fri Jun 04, 2004 8:12 pm

I hope this link works.
http://animemusicvideos.org/phpBB/viewtopic.php?t=289
If not its the first Sticky (Topic) in Site Announcements

Or the other one is...
http://www.fansubs.net/fsw/general/faq1b.htm
I'm pretyy sure that one works.
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I've just moved to Politicaly Corect "Republic of Ireland".

Xavier249
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found it. and thanks for the other link.

Post by Xavier249 » Fri Jun 04, 2004 8:21 pm

Okay, I don't understand this, if Copying of any form is illegal(according to the fansub stuff), then how come AMVs are ok?? If Fansubs are not ok, doesn't it follow that we, who don't really own the rights to this stuff, are acting outside the law?

The only loop hole I can see is that we, like fansubbers, are not trying to making money whereas bootleggers are. Which is not so much a legal loophole as it is a "they have bigger fish to fry" loophole.

Also, why (in the 10 commands) no downloaded stuff period?
If I put something from one of my Cds on the computer am I not downloading it onto my computer? oh. /crack/

Oy I think something snapped. . maybe my brain...

Can anyone answer my questions?
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Savia
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Post by Savia » Sat Jun 05, 2004 6:06 am

Fansubbing (and this argument applies to a lesser extent to AMV making) is illegal but generally overlooked by the anime industry. They're most certainly aware of its existance, but allow it to continue on unlicensed material. It can serve useful as a measuring stick for popularity of new licenses, it increases their buyer base, and can be some pretty neat free advertising.

Several US companies have run surveys of what series people think should be licensed next- how do you think they expect people to know what's out there? Fansubs.

Basically, it's illegal, and just not normally prosecuted. Fansubbing licensed material is especially frowned upon. This site's policy is designed to leave no grey area, in my opinion, and that's fine.

/my two cents
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SQ
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Re: found it. and thanks for the other link.

Post by SQ » Sat Jun 05, 2004 3:55 pm

Xavier249 wrote:Okay, I don't understand this, if Copying of any form is illegal(according to the fansub stuff), then how come AMVs are ok?? If Fansubs are not ok, doesn't it follow that we, who don't really own the rights to this stuff, are acting outside the law?

The only loop hole I can see is that we, like fansubbers, are not trying to making money whereas bootleggers are. Which is not so much a legal loophole as it is a "they have bigger fish to fry" loophole.

Also, why (in the 10 commands) no downloaded stuff period?
If I put something from one of my Cds on the computer am I not downloading it onto my computer? oh. /crack/

Oy I think something snapped. . maybe my brain...

Can anyone answer my questions?
Fansubs and AMVs are illegal. I don't think the anime industry cares(They're actually promoting it, in a way) but I can see the RIAA getting on our butts sometime soon.

Unless they're fans of AMVs, anyway.
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Post by derobert » Sun Jun 06, 2004 6:31 am

azulmagia wrote:Frig, even taping a TV show for your own use is illegal in the US.
No it isn't; look up Sony Corporation v. Universal Studio Productions.
if you get arrested for something else, your collection will probably lengthen the list of charges if it is found.
Depends on the amount of copying and distribution you do, and what the retail value of anime not distributed in the US is. Otherwise, its a civil, not criminal offence. See Title 17 USC Sec. 506(a).
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derobert
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Re: found it. and thanks for the other link.

Post by derobert » Sun Jun 06, 2004 6:36 am

Xavier249 wrote:Okay, I don't understand this, if Copying of any form is illegal(according to the fansub stuff), then how come AMVs are ok??
It'd probably be reasonably easy to come up with a fair use defense for AMV's. If you look at Title 17 Sec. 107, you'll see that they can probably be considered criticism or comment; (1) are non-commercial in nature; (2) not sure what this means; (3) use an insignificant part of the work as a whole (i.e., the whole series); and (4) do not have any bad effect on the market value of the work.

Now, as for the music, that's trickier.
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