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NEWS: Law Journal Article Supports Fansubs
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Posted 10/25/08 , edited 10/28/08
Law Journal Article Supports Fansubs

Essay calls for new copyright rules for anime released only in edited versions

An essay in the June 2008 issue of the Boston University Law Review journal has come out in support of some cases of distribution of fansub versions of anime licensed for commercial release in America. "Lost in Translation: Anime, Moral Rights, and Market Failure," written by law school student Joshua Daniels, argues that heavy editing of Japanese anime series for American release, as was the case with 4Kids Entertainment's handling of One Piece, is a violation of the moral rights of its creators. The legal concept of moral rights holds, essentially, that the creator of a work of art or media has a right to present it to the public without alterations. Daniels also makes the case the anime fans specifically and the public in general have an interest in access to entertainment and art in its original, unedited form.

The essay notes that in some cases, heavily edited versions of anime series are the only ones that are available in the American market
. However, these versions have frequently been failures from a commercial point of view. To address this apparent market failure, Daniels proposes a new rule that would be included in the American laws on copyright. Under the rule, if only an edited version of a foreign film or television program is available commercially in the United States, any individual or group would be allowed to create and distribute versions, such as fansubs, that are unedited. While unlikely to be implemented, the hypothetical rule could either be used by judges, or actually incorporated into the Copyright Act.

Update: Moral rights or "droit moral" are protected by the Berne Convention that established how copyrights are recognized between countries. However, the Berne Convention and the laws of many countries established that only the author can exercise those moral rights, and not a third party unless that party is assigned to do so by the author. In implementing the Berne Convention in 1988, the United States stipulated that its existing laws already protected moral rights without having to explicitly abide by the convention's clauses on moral rights.

Source:
http://www.animenewsnetwork.com/news/2008-07-31/law-journal-aricle-supports-fansubs


What are you thoughts, comments, and such?

I actually read this a while ago and was going to look at it at a more detailed view of point. Well, I got lazy and put it off; I may pick this up later. This just randomly popped in my head right now, so I want to share this one with you guys.
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Posted 10/25/08 , edited 10/25/08
Moral rights... LOL. I want to comment on all so please wait a minute. Anyway, that moral rights seems interesting.

Ahh.. Too lazy.
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Posted 10/25/08 , edited 11/1/08

BrylleNoGotoku wrote:

Moral rights... LOL. I want to comment on all so please wait a minute. Anyway, that moral rights seems interesting.

Ahh.. Too lazy.


Aren't we all? "LAWL"
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Posted 10/25/08 , edited 10/25/08
errrr....
i reaLized...
i dont live in america so it doesnt matter..
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Posted 10/25/08
I'm loling right now at this. This is so awesome.
Posted 10/25/08 , edited 10/25/08
Morals in my justice system? Could it really be more likely than I think?!
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Posted 10/26/08
i really dont care about that seen im not living in america..... but what do you think of it???
Posted 10/27/08 , edited 10/27/08

zendude wrote:

Law Journal Article Supports Fansubs

Essay calls for new copyright rules for anime released only in edited versions

An essay in the June 2008 issue of the Boston University Law Review journal has come out in support of some cases of distribution of fansub versions of anime licensed for commercial release in America. "Lost in Translation: Anime, Moral Rights, and Market Failure," written by law school student Joshua Daniels, argues that heavy editing of Japanese anime series for American release, as was the case with 4Kids Entertainment's handling of One Piece, is a violation of the moral rights of its creators. The legal concept of moral rights holds, essentially, that the creator of a work of art or media has a right to present it to the public without alterations. Daniels also makes the case the anime fans specifically and the public in general have an interest in access to entertainment and art in its original, unedited form.

The essay notes that in some cases, heavily edited versions of anime series are the only ones that are available in the American market
. However, these versions have frequently been failures from a commercial point of view. To address this apparent market failure, Daniels proposes a new rule that would be included in the American laws on copyright. Under the rule, if only an edited version of a foreign film or television program is available commercially in the United States, any individual or group would be allowed to create and distribute versions, such as fansubs, that are unedited. While unlikely to be implemented, the hypothetical rule could either be used by judges, or actually incorporated into the Copyright Act.

Update: Moral rights or "droit moral" are protected by the Berne Convention that established how copyrights are recognized between countries. However, the Berne Convention and the laws of many countries established that only the author can exercise those moral rights, and not a third party unless that party is assigned to do so by the author. In implementing the Berne Convention in 1988, the United States stipulated that its existing laws already protected moral rights without having to explicitly abide by the convention's clauses on moral rights.

Source:
http://www.animenewsnetwork.com/news/2008-07-31/law-journal-aricle-supports-fansubs


What are you thoughts, comments, and such?

I actually read this a while ago and was going to look at it at a more detailed view of point. Well, I got lazy and put it off; I may pick this up later. This just randomly popped in my head right now, so I want to share this one with you guys.


Since the example used here was fansubs group, let's look into the possibility further; just where does the fansubs group get their sources from, anyway: through illegal distribution of raw recording on the internet. These recordings can be from TV releases, live-recordings, and even direct-source rip from existing medias.

That being said, the various parties involved in the production and distribution of the original source materials through legal channels, will their rights be protected by such a law? The answer to that is no, they will not.

In the end, fansubs groups are only avoiding International Copyrights Acts with their method of distributing subs through internet world wide. They can argue that their subbed copies were edited from the original, thereby not releasing any illegal duplicates.

Trying to legalize fansubbing is futile because the act of fansubbing itself is against the wishes of the original creators'.
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Posted 10/27/08 , edited 10/29/08

DomFortress wrote:

Since the example used here was fansubs group, let's look into the possibility further; just were does the fansubs group get their sources from, anyway: through illegal distribution of raw recording on the internet. These recordings can be from TV releases, live-recordings, and even direct-source rip from existing medias.

That being said, the various parties involved in the production and distribution of the original source materials through legal channels, will their rights be protected by such a law? The answer to that is no, they will not.

In the end, fansubs groups are only avoiding International Copyrights Acts with their method of distributing subs through internet world wide. They can argue that their subbed copies were edited from the original, thereby not releasing any illegal duplicates.

Trying to legalize fansubbing is futile because the act of fansubbing itself is against the wishes of the original creators'.


I totally agree with you there. I only have a problem on how badly some DUBbing companies are sodomizing Anime like One-Piece from the original material. I really don't approve of watching licensed stuff, reason why I am at crunchyroll.

If passed or used, is this ruling justifiable? Well, considering that most people don't speak Japanese, the subbing could be off too, maybe as much as DUBs, so there is another scenario there. So really unless the company does the subbing for the Anime itself, for example Strike Witches here by Gonzo, but bad DUBs and good SUBs are at a lost.
Posted 10/27/08

zendude wrote:



I totally agree with you there. I only have a problem on how badly some DUBbing companies are sodomizing Anime like One-Piece from the original material. I really don't approve of watching licensed stuff, reason why I am at crunchyroll.

If passed or used, is this ruling justifiable? Well, considering that most people don't speak Japanese, the subbing could be off too, maybe as much as DUBs, so there is another scenario there. So really unless the company does the subbing for the Anime itself, for example Strike Witches here by Gonzo, but bad DUBs and good SUBs are at a lost.


As a case-by-case scenario, the reason for 4Kids Entertainment Americanizing anime series like One-Piece, is because 4Kids is a TV Production Company with the intention of broadcasting the series to a targeted age group on North American TV Network. With that in mind, their target goal forced them to refrain from showing some contents of the original anime series, due to the stereotypical view of North American audiences. However, this was not the case when Funimation later on acquired the licensing of One-Piece.

As for the case of Strike Witches, Gonzo appointed the American based website crunchyroll as the Official North American podcast site for various GDH anime series on North American bandwidth. However, if Gonzo wishes to release Strike Witches related medias like DVD in North America for example, it'll still need to go through a North American licensing company due to International Copyrights Acts.

Therefore, unless anime series are only meant to be watched on the internet with crappy flash video quality, I would rather collect authentic licensed materials with true high quality.
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Posted 10/27/08
you guys make big words o-o
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Posted 10/27/08

jeromemmzz wrote:

errrr....
i reaLized...
i dont live in america so it doesnt matter..


haha same here
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28 / M / Poland
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Posted 10/27/08
the fansubs is the only way for me to have good anime cause in poland anime is not that well distributed so fansubs yes!
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Posted 10/27/08

Malgilin wrote:

the fansubs is the only way for me to have good anime cause in poland anime is not that well distributed so fansubs yes!


croatia too, and EU, unfortunately. fansubs are our only hope to see any anime. (accept naruto one piece and similar.)
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Posted 10/27/08 , edited 10/27/08

zendude wrote:

If passed or used, is this ruling justifiable? Well, considering that most people don't speak Japanese, the subbing could be off too, maybe as much as DUBs, so there is another scenario there. So really unless the company does the subbing for the Anime itself, for example Strike Witches here by Gonzo, but bad DUBs and good SUBs are at a lost.


But the simple fact is it shouldn't be passed, because it's not justifiable. That's almost the same as saying, "Hey, you can't make a shitty movie based off a really good book." And yet there are so many books that are lost in translation as people try to convert them to movies. You just can't help it. Is it unfair to the author? Yes. Is it unfair to the book itself? Yes. Is it unfair to the readers? Yes. But it just can't be helped.
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