This document provides a critical look at anime fansubs in light of copyright law issues. It discusses what anime and fansubs are, the history of fansubs in helping form the anime market, the fansub production process, and legal aspects around translation rights, reproduction, distribution, and fair use defenses. While fansubs may violate copyright, the anime industry has generally taken a flexible approach by announcing licenses rather than litigation. Fansubs are argued to provide promotional benefits by building audiences, but enforcement could be stepped up in line with fansub ethics of ceasing subs once content is officially released.
1. Of otaku and fansubs
A critical look at anime online
in light of current issues
in copyright law
BILETA 2007
University of Hertfordshire
17 April 2007
JS Hatcher
jordan at opencontentlawyer dot com
33. Article 9
Relation to the Berne Convention
1. Members shall comply with Articles 1
through 21 of the Berne Convention (1971)
and the Appendix thereto. However,
Members shall not have rights or obligations
under this Agreement in respect of the rights
conferred under Article 6bis of that
Convention or of the rights derived
therefrom.
34. Rights in national law
Translation
• adaptations (UK)
– CDPA s. 21 (3)(a)(i).
• derivative works (US)
– 17 U.S.C. § 106 (2)
Reproduction
Distribution
35. Moral rights
• Prevent false attribution
– CDPA 1988 s 84 (UK)
• Derogatory treatment
– CDPA 1988 s 80 (UK)
• Right to identification
– CDPA 1988 s 77 (UK)
44. Factors to consider
• Transformativeness?
• Amount and substantiality
• Effect on market
– Anime = big biz
• Translation only + Amazon.co.jp
• Fansubs better?
45. Fair Dealing
Not likely an exception
• Not criticism or review
• Doesn't fit into other areas
46. “‘Rights which cannot be realised
are worse than useless; they are
traps of delay, expense and
heartache”
Karl N. Llewellyn, Bramble Bush: On our law and its study
56. Ethics cont.
• Stop once released in Japan
• Stop once announced in N.A.
– Avidly follow licensing deals
• Compliance appears high in relation to
other p2p areas
61. Potential fansub benefits
• In the beginning…
• Build non-English language fanbase
• Build audience (similar to TV)
• Identify shows to license
– yaoi, yuri, and shojo
62. Final thoughts
• Held captive?
– Negative reaction from fans
• But could step up enforcement in line
with fansub ethics
63. Thanks!
JS Hatcher
jordan at opencontentlawyer dot com
Paper available
http://www.law.ed.ac.uk/AHRB/script-ed/vol2-4/hatcher.asp
64. Credits
Kobe by Fari - CC-BY http://flickr.com/photos/colloidfarl/439513007/
Hayao Miyazaki drawing = Public Domain http://en.wikipedia.org/wiki/
Image:Hayao_miyazaki_drawing.jpg
Wikipe-tan – CC-BY-SA http://commons.wikimedia.org/wiki/
Image:Wikipe-tan_full_length.png
Film Can – imageafter terms http://imageafter.com/image.php?
image=b1filmcan001.jpg
Bleach by Nora Sama – CC-BY-NC-SA http://flickr.com/photos/
noraphoto/370817366/
BLEACH by flaviapratti – CC-BY-NC-ND http://flickr.com/photos/
plinti/196636313/