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Nele Noppe

Of Otakus and Fansubs - 0 views

www.law.ed.ac.uk/...hatcher.asp

academic anime copyright fans fansubbing internet fanficforensics phd

shared by Nele Noppe on 23 Dec 08 - Cached
  • 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
  • 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
  • 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.
  • ...26 more annotations...
  • some artists make a living off producing dojinshi.
  • 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.
  • Trekkies or Star Wars fans do the same activities as otaku, but one practice sets anime fans apart from other avid fans: fansubs.
  • Manga also has its own form of fansubs called scanlations
  • 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.
  • 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.
  • 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.
  • 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.
  • Otaku create fansubs because they love anime—in fact, most love all things Japanese.
  • Fansubs predate BitTorrent, broadband, the dotcom boom and bust, and even the World Wide Web.
  • 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.
  • At one time fansubs were virtually the only way that fans could watch (and understand) anime.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • copyright law construes translations as “derivative works”.82 Derivative works are any work “based upon one or more preexisting works.
  • 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.
  • The Japanese legal system may also, as a practical matter, discourage litigation towards fansub groups within Japan,
  • 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.
  • 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.
  • The fact remains that fansubs may create a preferable product for otaku—thus decreasing any market enhancement arguments.
  • 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.
  • Regardless of any potential defense, the law sufficiently tilts towards copyright holders so that they can easily use the threat of suit as enforcement.
  • 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.
Nele Noppe

Glossary | Organization for Transformative Works - 0 views

transformativeworks.org/glossary

fans fanwork

shared by Nele Noppe on 25 Nov 10 - No Cached
  • Fanwork The creative work done by fans for fannish purposes.
  • Media fandom ''Media fandom is generally used to refer to fictional, Western fandoms based on movies or television'' (from http://fanlore.org/wiki/Media_fandom). Books, comics, video games, anime/manga, and real people fandoms often intersect with, but also exist in parallel to, media fandom.
  • Remix culture Remix culture is a neologism that describes a culture of creativity based on previous creations. This is in contrast with permission culture, which aims to bind derivative creativity to the permission of the license holders. Both terms are simplified abstractions for current political and legal positions. (adapted from http://en.wikipedia.org/wiki/Remix_culture)
  • ...1 more annotation...
  • Transformative Transformative works are creative works about characters or settings created by fans of the original work, rather than by the original creators.
Nele Noppe

Affective Aesthetics « Symposium Blog - 0 views

symposium.transformativeworks.org/...affective-aesthetics

video vidding fans gender

shared by Nele Noppe on 24 Nov 10 - No Cached
  • But then that’s an argument Henry Jenkins has repeatedly made, here, for example, that parody tends to be male- and industry-preferred whereas the more emotional engagement of fanvids is often dismissed out of hand.
  • Vidding thus is an art form that is both too subtly critical (because always inflected with fannish passion) and too polished aesthetically (because the aesthetic dimension does matter above and beyond the critical point being made) to, perhaps, fit into a quick overview of YouTube remixes. Still, as both a vibrant subculture of critical interpretive if not outright political remix culture and an sophisticated artistic subculture with its own aesthetic value system, fan vids certainly deserve to be included in any “Taxonomy of Digital Video Remixing.”
  • The academy has often been accused of unrealistic attempts of objectivity in the humanities in particular but even in the sciences. After English departments in the seventies destroyed the idea of an objectively created value system that can separate great from merely mediocre and bad literature, after anthropology departments realized in the eighties that observers cannot ever remain neutral and always bring their own biases to their field research; after queer theory and gender theory and critical race studies have brought the personal into the academic in the nineties; after affect theory has established itself as a field of study since–it amazed me that vidding may indeed have been overlooked in its merging of love and inquiry, affect and analysis, celebration and criticism.
Nele Noppe

DIY Media - 0 views

portal.acm.org/citation.cfm

to_read education media

shared by Nele Noppe on 02 Dec 10 - No Cached
  • Nele Noppe on 02 Dec 10
     
    see Lessig: remixing media is new kind of "writing"
Nele Noppe

Project MUSE - Cinema Journal - Should Fan Fiction Be Free? - 0 views

muse.jhu.edu/...48.4.de-kosnik.html

fans fanwork law economy fan_fiction feminism

shared by Nele Noppe on 25 Nov 10 - No Cached
  • This situation deserves scrutiny, especially because fan fiction is becoming [End Page 118] increasingly visible to non-initiates through major media outlets in the United States and the United Kingdom, indicating that the genre is moving away from the margins of American and British culture
  • The mainstreaming of an alternative form of cultural production is nearly always synonymous with commercialization;
  • Over the past decades of sharing their transformative works, fan fiction readers and writers have generally felt wary of commodifying a form of cultural production that is essentially derivative and perhaps subject to copyright infringement lawsuits.
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  • Digital appropriation artists have developed a number of monetization models: royalties, distribution agreements, reasonably priced licenses that permit remix practitioners to sell their appropriations legally, and small-scale compensation intended only to reimburse remixers for their outlay. Although fan filmmakers and game modders have experimented with these models, fan fiction writers have not conducted similar experiments in marketing their works.
  • Fanfic authors who think that selling appropriative art is always and absolutely against the law are mistaken. No such case law exists, and many appropriating artists make money from their work today without constantly encountering legal trouble.
  • Why, then, do fic writers resist earning income from their output? Many scholars of fan studies claim that fan fiction is, and must remain, free—that is, "free of charge," but also "free of the social controls that monetization would likely impose on it"—because it is inherently a gift culture, as Hellekson describes in this issue. In fact, even the fan organization, the Organization of Transformative Works, one of whose goals is to redefine fan works as transformative and therefore legal, states: "The mission of the OTW is first and foremost to protect the fan creators who work purely for love and share their works for free within the fannish gift economy."
  • Therefore, writing fan fiction for personal gain—financial, psychological, or emotional—aligns with the fact that self-enrichment is already inherently an important motivation for women to produce and consume fanfic. For some women, belonging to an affinity group or discussing stories with fellow writers and readers is not the primary reason for engaging with this type of fiction.
  • The rewards of participating in a commercial market for this genre might be just as attractive as the rewards of participating in a community's gift culture; and the existence of commercial markets for goods does not typically eliminate parallel gift economies.
  • If fans successfully professionalize and monetize fan fiction, the amateur culture of fic writing will not disappear.
  • Although fans have legitimate anxieties about fan fiction being corrupted or deformed by its entry into the commercial sphere, I argue that there is far greater danger of this happening if fan fiction is not commodified by its own producers, but by parties foreign to fandom who do not understand why or for whom the genre works, and who will promote it for purposes it is unsuited for, ignoring the aspects that make it attractive and dear to its readers.
  • However, an even greater danger than this is that fan fiction may not be monetized at all, in which case no one, particularly women authors, will earn the financial rewards of fanfic's growing popularity. Only the corporate owners of the media properties that fic authors so creatively elaborate on will see economic gain from these writers' volunteer work.
  • if women can formulate a model for the monetization of their artworks, the gap will be narrowed.
  • In the absence of such experimentation, women writing fanfic for free today risk institutionalizing a lack of compensation for all women that practice this art in the future. Woolf asked of her forebears, "What had our mothers been doing then that they had no wealth to leave us?" Will our generation answer that we have been giving our talents away as gifts, rather than insisting on the worth of our work?
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Nele Noppe

Pokémon and international politics? - 0 views

www.ethanzuckerman.com/...mon-and-international-politics

fansubbing pokemon video fanwork fanficforensics phd

shared by Nele Noppe on 02 Nov 08 - Cached
  • She identifies Pokémon as a media form that has defined the current framework, laying the groundwork for peer-to-peer communication and creation of media. While the current generation has outgrown Pokémon, the game franchise shaped how global youth think about culture and gaming. It linked analog and digital media, she proposes, by creating an electronic game that later manifested as a collectible card game, manga, anime, toys and other media. It put portability at the center of the media mix, and helped establish Japanese media content as a transnational source of cultural capital
  • She sees a generation of kids engaging in a set of cultural practices - cutting, pasting, linking and forwarding in spaces like MySpace
  • Individual identity is no longer consumer or producer - there’s a middle ground that includes connoisseur and amateur.
  • ...6 more annotations...
  • Networks are no longer mass media or purely personal communication - there are community networks that allow communication about niche interests to a large population
  • The work done by the fan community is of impressively high quality and speed - fan substitles are usually distributed to new episodes within 24 hours of their release,
  • Media companies aren’t unaware of this obsessive fandom - their release cycles and their localization of content into different languages often reflects producers watching fan behavior.
  • The Matrix itself is something of a remix, an American film that borrows heavily from the cliches of Japanese and Chinese action films
  • Mimi sees three trends taking place: - a ping-pong back and forth between US and Japanese culture, informing the mass communication aesthetic - a mainstreaming of the otaku aesthetic, a fondness for arcane, complex, richly detailed worlds (think of the popularity of the absurdly detailed universe of Harry Potter, for instance) - remix as a method of localizing and “talking back” to mainstream media.
    • Nele Noppe
      Nele Noppe on 02 Nov 08
       
      a fondness for arcane, complex, richly detailed worlds -love this line!!
  • So here’s a question - does participation in these international joint projects turn into a more generalized form of xenophilia? Do American fans of anime develop a generalized fascination with Japan, which somehow expands from watching Naruto to watching global politics?
Nele Noppe

Turntable.fm Showing How Sharing Music Is Communication | Techdirt - 0 views

www.techdirt.com/...g-music-is-communication.shtml

remix sharing music communication

shared by Nele Noppe on 27 Jul 11 - No Cached
  • Nele Noppe on 27 Jul 11
     
    In many ways, it's a further manifestation of a point about culture that Julian Sanchez raised a couple years ago, about how culture is built off of shared cultural experiences. It's the sharing part of culture that makes the culture valuable. If only you experience it, it just doesn't have the same power. Turntable.fm's key reason for being so addictive is that it's one of the first operations, whether on purpose or not, that has effectively taken that key aspect of culture, and turned it into a service. However, separate from just how Turntable.fm highlights this key point, I think it also helps explain why the legacy recording industry and many politicians have made so many wrong and counterproductive moves concerning dealing with music in the internet era. Rather than realizing that music is communication, they look at it solely as a unit of content. When you view music as a unit of content, even as the fans of music actually view it as a form of communication, you're going to clash. That's because many of the ways that people communicate via music break down the concept of music being a unit of content. And, in the end, that's what a lot of the legal and policy battles have been about over the past couple decades. A very large group of people are communicating with music... and some big legacy players are simply not set up to even comprehend that, let alone cater to it.
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