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Of otaku and fansubs

A critical look at anime online

in light of current issues

in copyright law

GiklI Conference

5 September 2006

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JS Hatcher

jordan@opencontentlawyer.com

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What is anime?

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What is a fansub?

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fan + subtitled = fansub

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Fan community

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http://www.flickr.com/photos/zmxncbv/113349047/

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“Sailor Moon is like a gateway drug”

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- Janet Varela, referring to her daughter’s new obsession with anime

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fans = otaku

some controversy

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History

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  • Mid-80’s origin
  • Universities
  • Birth of anime distributors
  • Fansubs helped form the market

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110010101010

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‘digisubs’

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  • Similarities to open source
  • Distributed work
  • Highly skilled

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Between dojinshi and p2p

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v.

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Legal aspects

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Translation

  • adaptations (UK)
    • CDPA s. 21 (3)(a)(i).
  • derivative works (US)
    • 17 U.S.C. § 106 (2)

Reproduction

Distribution

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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)

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False attribution?

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Fair use / dealing

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Factors to consider

  • Transformativeness?
  • Amount and substantiality
  • Effect on market
    • Anime = big biz
  • Translation only + Amazon.co.jp
  • Fansubs better?

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“‘Rights’ which cannot be realized are worse than useless; they are traps of delay, expense and heartache”

Karl N. Llewellyn, Bramble Bush: On our law and its study

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Fansubs v. licensed

Qualitative differences

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Fansub ethics

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Justifications

  • Promotional aspects
  • Fansub replacement
  • Try before you buy
  • Show never licensed outside of Jp
  • Digisubs too much

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Ethics cont.

  • Stop once released in Japan
  • Stop once released in N.A.
    • Avidly follow licensing deals
  • Compliance appears high in relation to other p2p areas

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Anime industry approach

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Anime v. MPAA/RIAA

  • Don’t seem to use DMCA
  • Announce licenses
    • informal letters
  • No lawsuits
  • PR at cons

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Industry benefits?

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Potential fansub benefits

  • In the beginning…
  • Build non-English language fanbase
  • Build audience (similar to TV)
  • Identify shows to license
    • yaoi, yuri, and shojo

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Final thoughts

  • Held captive?
    • Negative reaction from fans
  • But could step up enforcement in line with fansub ethics

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Thanks!

Paper available

http://www.law.ed.ac.uk/AHRB/script-ed/vol2-4/hatcher.asp

JS Hatcher

jordan@opencontentlawyer.com