are anime music videos legal

by Mr. Elbert Moore 8 min read
image

Conclusion: Because the video track of AMVs is non-commercial, highly transformative, uses only a small portion of the original, and has no negative impact on the market for the original, there is a very strong case that the video portion of AMVs constitutes fair use.Jun 19, 2009

Full Answer

Are anime music videos protected by copyright law?

Anime Music Videos ( AMVs) face two problems in copyright law. The first problem is identical to that of fanart and cosplay; namely that AMVs are a derivative work of the original author's creation. This analysis is identical to those discussed above so for the sake of brevity I will skip to the second issue AMVs face.

What is an anime music video?

Anime and manga. Anime and manga portal. An anime music video (AMV) known in wasei-eigo as MAD (music anime douga) typically is a fan-made music video consisting of clips from one or more Japanese animated shows or movies set to an audio track, often songs or promotional trailer audio.

Is it legal to copystrike other anime videos?

No, the copyright is owned by the creators of the various anime videos. Is he legally allowed to copystrike other videos? No, but if the people he copystriked are using the anime footage without permission , they have no right to use it either and no right to "counter-notice" as they do not own the footage.

Are anime AMVs fair use?

The viewing experience of watching an AMV is qualitatively different than either watching the anime by itself or listening to the song by itself, and thus AMVs could still be considered transformative and likely fair use. 2. Nature of the Copyrighted Work As with the video, the source songs in AMVs are published artistic works.

image

Are anime music videos copyrighted?

Non-commercial -- Non-commercial works are much more likely to be fair use than commercial works for profit. Anime music videos are purely non-commercial works created for fun and entertainment and not personal or financial gain.

Is making AMV illegal?

It's only illegal to distribute an AMV (when you don't have the rights to the footage and music). Making it, showing it to your family/friends (no, an online community does not fall under the description of "friends"), and talking about them are not illegal. So, feel free to list it, just don't offer a download option.

Is anime copyright protected?

The anime is protected under artistic work and creative work of copyright law. In the case of anime, the commercial intermediary would be publishing houses and production houses that adapt the work of the original author and reproduce it to their desired form with the authentication of the original author.

Are animated music videos fair use?

While in some cases, this is acceptable under “Fair Use” law, animatics and animations don't fit under this, because they use SO much of the copyrighted content, and technically don't make anything that is “transformative in nature” in regards to the copyrighted material.

Can you get copyrighted for AMVs?

AMVs almost certainly violate the copyrights of the songs being used, however. The ability to synchronize a song to certain visuals is a specific right that usually must be obtained from the owner of the recording -- usually the record label. Moreover, the entire song is usually used with no modification.

Can I upload AMV on YouTube?

You can't. You can avoid infringement yourself if you make the post from a jurisdiction that does not recognize the copyright of the original work, but YouTube would still consider it infringement and take it down as soon as they receive a complaint.

Is making anime merch illegal?

Re: Copyright for anime It is illegal to sell any artwork that resembles licensed anime characters. Shops are shut down for this every day on Etsy when reported for violating copyrights. But, there are still many on the site doing so.... until they are caught.

Is my hero academia copyrighted?

Almost every image on this wiki is copyrighted and used under fair use. The majority of image copyrights are held by Kohei Horikoshi, Shueisha or Studio Bones.

How do I get copyright permission for anime?

Find the name of the copyright owner. For a cartoon character, the syndicate or the publishing company likely holds the copyright for the artist. ... Look up the copyright owner's address or email address. ... Write a letter or email requesting permission to use the cartoon. ... Wait for a response to your request.

How many seconds of copyrighted video can I use?

How much of a copyrighted work can I use under fair use? There are not a lot of clearly defined rules about fair use. Thus, there are no rules such as “you can use up to 30 seconds” of a video or musical recording.

How Long Can music clips be without copyright?

You may have heard of "fair use," a copyright provision that permits you to use 10, 15 or 30 seconds of music without copyright obligation. That is, you understand that you can use a short section of a song without paying a fee.

Can I use 10 seconds of a copyrighted song?

This is one of the most common misconceptions. Unfortunately, this is not true and there is no bright line rule that says a use is an acceptable use as long as you only use 5, 15, or 30 seconds of a song. Any use of copyrighted material without permission is, according to U.S. copyright law, copyright infringement.

What is a Mad anime?

v. t. e. An anime music video ( AMV ), known in wasei-eigo as MAD ( music anime douga ), is a fan-made music video consisting of clips from one or more Japanese animated shows or movies set to an audio track, often songs or promotional trailer audio. The term is generally specific to Japanese anime, however, it can occasionally include footage ...

What is animation editing?

Animation Editing: Although it sounds similar to the term AMV editing, it is a new style where editors take a still image and animate it (making it move) (This also applies to Manga Music Videos (MMVs) which are similar to AMVs, instead they use manga as the main source of footage).

Copyright & AMVs: Are AMVs Fair Use?

Hey everyone. I don't post on here very often but I've been making AMVs for about six years and have a good number posted on here. I'm starting law school this fall and hope to practice in the area of technology and copyright law.

Re: Copyright & AMVs: Are AMVs Fair Use?

Sure, it's stuff that's been posted to the org before. Considering how often people who's opinion of law is 'i like it, it can't be illegal.' post I can't bring myself to bitch that someone with real legal knowledge posted...

Re: Copyright & AMVs: Are AMVs Fair Use?

Oh really? Hmm, I guess I don't follow these boards enough to know someone already wrote something like that. Oh well, maybe someone will still find it useful.

Re: Copyright & AMVs: Are AMVs Fair Use?

godix wrote: Sure, it's stuff that's been posted to the org before. Considering how often people who's opinion of law is 'i like it, it can't be illegal.' post I can't bring myself to bitch that someone with real legal knowledge posted...

Re: Copyright & AMVs: Are AMVs Fair Use?

BasharOfTheAges wrote: Until we have actual court rulings at high levels of the judicial system (SCOUTS), fair use is and will remain not a right but a defense to use in court. Any content provider can financially ruin your ass by dragging out legal proceedings for years to prove a point. That's all it boils down to.

Re: Copyright & AMVs: Are AMVs Fair Use?

godix wrote: Consider this, it only makes sense to try and judge how likely it would be that defense would work for AMVs. Which is what the first post in the topic tries to do. I happen to disagree with him a bit, but his post was exactly how the entire topic SHOULD be treated.

Re: Copyright & AMVs: Are AMVs Fair Use?

Dark Lord of Debate wrote: Out of curiosity, which parts did you disagree with?

How is copyright in anime?

A copyright is infringed in the most direct manner by literally copying the work and reproducing it for sale or distribution. The anime community is most familiar with this through the distribution of fansubs. However, a copyright may also be infringed by the third party use of any one of the creator's “exclusive rights” which were covered last session. In brief, if a third party distributes the work, reproduces the work, performs the work, displays the work or creates a derivative work then they have infringed upon the creator's rights.

How does copyright affect anime fans?

The nature and broad rights a copyright creates affect fans a lot. In pretty much every aspect of the anime community there is a lingering risk that a copyright may be infringed. For the sake of clarity I will touch on each of these separately as, although many of them involve similar traits, their role in the broader scope of anime fans greatly impacts the analysis.

What is the problem with Doujinshi?

The other problem doujinshi face is that frequently these are sold for profit and the copyright holder could argue for “market confusion” which means that the doujinshi confuses the consumer between what is an officially licensed product and what is not.

Can AMVs be used for anime?

AMVs can and have been the subject of cease and desist letters over the music, this rarely happens with anime however. There is a separate way to avoid the problem of the music – a means of easily obtaining the rights to broadcast licensed music to the public.

Is fan art a third party product?

Although fanart is an unlicensed third party product and is often sold for profit in fan markets, through Deviant Art, or at artist alley's at anime conventions the general profit on these is limited. Suffice to say the average fanartist is not making a living off of selling drawings of someone else's characters.

Can fanartists copyright anime?

Fanartists have to be careful of commissioned works even when they involve entirely original characters or merely sketching an anime styled portrait of the customer. Any creative input by another party can clout a copyright in that the artist would no longer own the copyright solely as this would now be a joint work.

Is Doujinshi a trademark?

This is especially noticeable in the Japanese market where gag doujinshi (such as those produced for Namco Bandai's Tales Of series of games or Aksys Guilty Gear series) are frequently licensed and produced and look almost identical to the fan-made counterparts. Doujinshi is further problematic as it may be subject to an action for trademark ...

How long should I take a break from YouTube?

If you need a break, then take a break for a few weeks or even months, but don't quit YouTube entirely. You can always find a way to make it fun, and who knows, you might just get more out it than you ever expected.

Does creators hare have bad content?

Sometimes the truth hurts. Most creators hare have absolutely horrible content, horrible thumbnails, horrible titles, and no real consistency, direction, or value provided. A majority of creators here are under the delusion that their content is good.

Can you get a ding for using YouTube?

Basically you can host the content you made but YouTube won’t pay you for the views. Whenever you use content you didn’t create yourself you could get a ding. Fair use isn’t a cut and dry thing, and whatever content you use could get a ding if the original copyright owner decides to do it. You can dispute it of course.

Pen Names and Copyright

I recently decided to make business cards to reach more customers and want to use a pen name for the cards and all of my artwork.

I have no clue where to post this

Wii Sport music ripped off Suburbia by The Pet Shop Boys and no one seems to notice. Has there ever been a lawsuit related to this?

How is using clips from the movies in YouTube videos is not a copyright violation?

So there is this fairly popular YouTube channel (over 1 million subscribers). All videos are by same person that is well known and not hiding their identity.

A question about Cheers and Frasier: All characters from Frasier are original to the spinoff

I may so dumb and have answered my own question but. Edit: This about copyright and author thing?

Will this get me sued?

I'm a 19 year old college student from the US that runs a small YouTube sports channel. I recently uploaded a clip that has done very well. The video is monetized. If the video gets a copyright strike, I'll just take the L and move on. However, I'm paranoid that something legally might happen to me.

Copyright of memes

I am making a video Game on memes And iam not sure if i can use it in the game Will i get copyrighted ? Iam planning it to be a commercial game I use my own art style , but i wanted to use their meme sound tracks ..... Thanks

As a small scale filmmaker, can I register copyright for both my screenplay and my film?

I have a screenplay that I will be registering copyright for once I have the final draft. This will be an independent, small scale production (no contracts) and I am directing and editing the film, with a friend of mine "producing" and helping me organize the production and find cast and crew members.

image

Overview

Legal issues

Japanese culture is generally permissive with regard to the appropriation of ideas. Works such as dōjinshi, unauthorized comics continuing the story of an official comic series, are actually encouraged by many anime makers. These dōjinshi take an original copyrighted work and expand upon the story, allowing the characters to continue on after, before, or during the original story. Most anime producers encourage this practice, as it expands their series. Some see it as a tribut…

Creation

The creation of an AMV centers on using various video editing styles to create a feeling of synchronization and unity. Some examples include:
• Raw Editing: Using basic zooming in and out "effects" along with simple transitions.
• FX (Effects) Editing: This style consists of large amounts of visual effects. This can be accomplished in programs such as Sony Vegas or Adobe After Effects.

Popularity

John Oppliger of AnimeNation has noted that fan-produced AMVs are popular mostly with Western fans but not with Japanese fans. One reason he cited was that Western fans experience a "more purely" visual experience in as much as most Western fans cannot understand the Japanese language, the original language of most anime, and as a result "the visuals make a greater impact" on the senses. The second reason he cited was that Westerners are "encouraged by social press…

See also

• Movie Anime Dōjinshi – Japanese term for the same thing, typically posted on Niconico
• Vidding
• DTV
• HBTV

External links

• AnimeMusicVideos.org, an AMV community site
• "Copyright Enforcement", Chicks on Anime (column), by Bamboo Dong; Anime News Network interview with Funimation's copyright enforcer, which includes discussion of policy regarding AMVs