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Nele Noppe

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hindrances in a digital world that copyright laws
pose for creative works that, while technically infringing, should
perhaps be valued and allowed.6
Certain features of digital technologies and the internet,7
according to Lessig, can permit greater restrictions on remix than
were allowed in the past.8
posted by Nele Noppe on 04-27-2008
hindrances in a digital world that copyright laws
pose for creative works that, while technically infringing, should
perhaps be valued and allowed.6
Certain features of digital technologies and the internet,7
according to Lessig, can permit greater restrictions on remix than
were allowed in the past.8
posted by Nele Noppe on 04-27-2008
Lessig
and other legal scholars such as Mehra have pointed to dojinshi
in Japan as an example of how permitting more “remix” can
contribute to a vibrant cultural industry.
posted by Nele Noppe on 04-27-2008
some artists make a living off producing dojinshi.
posted by Nele Noppe on 04-27-2008
In the west, fans of anime, the term for Japanese animation,
behave much like fans of Star Wars and Star Trek: they
“remix” the characters and ideas from the stories they
watch.
posted by Nele Noppe on 04-27-2008
Trekkies
or Star Wars fans do the same activities as otaku, but one
practice sets anime fans apart from other avid fans: fansubs.
posted by Nele Noppe on 04-27-2008
Manga also has its own form of fansubs called scanlations
posted by Nele Noppe on 04-27-2008
Fansubs
and scanlations don’t quite match the “traditional”
forms of remix that Lessig and others mention. They do not create a
“new” work in the same sense as dojinshi, fan films, or
AMVs because their aim is to remain faithful to the original work.
posted by Nele Noppe on 04-27-2008
Fansubs
as a cultural product sit at an interesting boundary—between
the dojinshi-like fan culture that authors such as Lessig want to
encourage and the massive online file trading so vilified by the
recording and motion picture industries.
posted by Nele Noppe on 04-27-2008
examines the anime
industry’s unique relationship with fansubbers in the context
of the suggestion that it represents a new policy model for online
copyright.
posted by Nele Noppe on 04-27-2008
Section 7 concludes
by stating that it is too soon to claim the anime industry as a
victory for alternative business models incorporating what most would
think of as widespread copyright infringement.
posted by Nele Noppe on 04-27-2008
Otaku
create fansubs because they love anime—in fact, most love all
things Japanese.
posted by Nele Noppe on 04-27-2008
Fansubs predate
BitTorrent, broadband, the dotcom boom and bust, and even the World
Wide Web.
posted by Nele Noppe on 04-27-2008
Fansubbers distributed or traded the finished videocassette tapes to
others, but because of the time and cost involved of mailing out a
physical medium, distribution was limited.
posted by Nele Noppe on 04-27-2008
At
one time fansubs were virtually the only way that fans could watch
(and understand) anime.
posted by Nele Noppe on 04-27-2008
But as with the music industry, the benefits of digital technology
and the internet brought problems.46
Fansubbers started to take advantage of faster computers that allowed
them to subtitle anime without the need for expensive, specialized
equipment.47
This made it easier for more people to fansub because of the lower
cost barriers to becoming a fansubber. The internet also meant that
fans could meet from around the world, thus making it more likely
that fansub groups would form.

Today,
groups now make digital video files instead of videocassettes.
posted by Nele Noppe on 04-27-2008
Fansubbed videocassettes offered a poor quality picture and sound
that encouraged fans to buy the licensed product when it came out and
also limited the number of copies that could be made from a single
original cassette (or from 2nd and 3rd
generation cassettes).49
Digisubs offer a quality comparable to official (DVD) releases and
the ability to make limitless copies.
posted by Nele Noppe on 04-27-2008
Fansubbers then “release”
their fansubs to fans. Distribution happens through all of the
regular internet channels, including p2p services (Kazaa, eMule,
etc), BitTorrent, IRC, and newsgroups.
posted by Nele Noppe on 04-27-2008
Lessig
essentially asks the question, “Do our laws stifle creativity
and sharing to the point where it harms society?”78
Some point to fansubs and anime as part of the answer to this
question—when a company allows some illegal activity it
actually benefits.
posted by Nele Noppe on 04-27-2008
Unfortunately for fansubbers,
copyright law does not condone their activities.80
International copyright treaties such as the Berne Convention, state
that its signatories (such as the United States and Japan) should
grant authors the exclusive right to translation.
posted by Nele Noppe on 04-27-2008
copyright law construes
translations as “derivative works”.82
Derivative works are any work “based upon one or more
preexisting works.
posted by Nele Noppe on 04-27-2008
The Japanese legal system may also, as a practical matter,
discourage litigation towards fansub groups within Japan,
posted by Nele Noppe on 04-27-2008
Within Japan, fansubs could
potentially be within the law because the Japanese take a more
relaxed attitude towards some aspects of copyright law and include
private use and non-profit exceptions into their law.
posted by Nele Noppe on 04-27-2008
For infringements outside of Japan,
it is no small wonder that Japanese companies do not bother with the
expense of enforcing a right against a group whose infringement
affects a distant market with a different legal system.
posted by Nele Noppe on 04-27-2008
In his article regarding selective
copyright enforcement and fansubs, Kirkpatrick argues for a fair use
defense under U.S. law for fansub activities based on the
cross-cultural value of translations, the non-commercial nature of
fansub groups, and the potential market enhancement for the original
work.
posted by Nele Noppe on 04-27-2008
The fact remains that fansubs may create a
preferable product for otaku—thus decreasing any market
enhancement arguments.
posted by Nele Noppe on 04-27-2008
One wonders what could be easier than a few
clicks of the mouse and a few hours (or less) wait for a file to
download, for free. Many video files deliver comparable picture
quality and fandubs do exist.
posted by Nele Noppe on 04-27-2008
Regardless of any potential defense, the law sufficiently tilts
towards copyright holders so that they can easily use the threat of
suit as enforcement.
posted by Nele Noppe on 04-27-2008
The sheer cost of defending a copyright suit makes for a powerful
incentive for fansubbers to settle, especially since fansubbers make
no money from their activities and are unlikely to have any assets.
posted by Nele Noppe on 04-27-2008

Nele Noppe

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Expand Japan Gathers an Army Against Fansubbers | Akibanana

Expand Canned Dogs » Blog Archive » Police arrest 3 people that shar...

Expand FansubWiki

Expand A discussion on copyright on fansubs

Expand Of Otakus and Fansubs

Expand FANSUBBING ANIME: INSIGHTS INTO THE ‘BUTTERFLY EFFECT’ OF GLO...

Expand INDEXING THE PAST: VISUAL LANGUAGE AND TRANSLATABILITY IN KON SATOSHI'S...

Expand 3.04: Heads Up, Mickey

Let's Manga

Search Group Bookmarks

Related Tags

MoreTop Contributors

View Bookmark Tags ( 426 )

Diigo - Highlight and Share the Web!

Expand
Japan Gathers an Army Against Fansubbers | Akibanana

Expand
Canned Dogs » Blog Archive » Police arrest 3 people that shar...

Expand
FansubWiki

Expand
A discussion on copyright on fansubs

Expand
Of Otakus and Fansubs

Expand
FANSUBBING ANIME: INSIGHTS INTO THE ‘BUTTERFLY EFFECT’ OF GLO...

Expand
INDEXING THE PAST: VISUAL LANGUAGE AND TRANSLATABILITY IN KON SATOSHI'S...

Expand
3.04: Heads Up, Mickey