Doubt about Copyright issue



  • Hello everyone,
    I'm rather new here, so I don't know if this is the right section to make my question in.
    I rule an european team and we do basically amatorial subs for shows like Detective Conan. Recently, Google contacted us saying that there was a DMCA violation and that FunAnimation company asked Google to remove our website from it's indexing.
    So, my concern is if Funanimation has copyright rules also in Europe, and more specifically in Italy, or only in the US. also because, Detective Conan copyright is in the hands of other italian companies such as Mediaset and Super!
    Thanks to everyone who will explain how copyright really works.



  • @SufiAka said in Doubt about Copyright issue:

    Hello everyone,
    I'm rather new here, so I don't know if this is the right section to make my question in.
    I rule an european team and we do basically amatorial subs for shows like Detective Conan. Recently, Google contacted us saying that there was a DMCA violation and that FunAnimation company asked Google to remove our website from it's indexing.
    So, my concern is if Funanimation has copyright rules also in Europe, and more specifically in Italy, or only in the US. also because, Detective Conan copyright is in the hands of other italian companies such as Mediaset and Super!
    Thanks to everyone who will explain how copyright really works.

    @SufiAka Not sure what you mean? Are you talking about like an abridged series? If so it is fair use as long as you didn't monetize your video you can file a claim that it's fair use for nonprofit. You can also send them a retrace and explain that to Funimation. And they might take there copyright claim down against your video. Asked for if they on the license in Europe that I'm not sure @Moderators @administrators could probably answer that question then me.



  • @gohan6425 I don't monetize my videos. I just make my videos and done.



  • @Zethus said in Doubt about Copyright issue:

    @gohan6425 I don't monetize my videos. I just make my videos and done.

    @Zethus If it YOUR video you can monetize which I watch some of your video and you CAN monetize. If for example Team Four Star upload an abridged series and that monetize that COPYRIGHT b/c that don't own Dragonball Z. However Team Four Star is nonprofit and does not monetize ANY of there abridged series episode that make then for fun. Which in the USA that fall under fair used which mean as much as Toei Animation HATE Team Four Star that will not be taken down. Well aless for 10 days if Toei try to cheat YouTube again which that did to Team Four Star twice now... In Japan I guess there is no Fair Used Law but Team Four Star are from the USA so that really can't torch them. This is also why Toei is doing everything to make sure Funimation does not have then play any DBZ roles I guess. B/c that force Funimation to cut out that seen in Dragonball Z Kai that had most of Team Four Star voice play the movie toon people for Herule "Cell Games Movie"...



  • @SufiAka said in Doubt about Copyright issue:

    ...and that FunAnimation company

    *FUNimation - You Should Be Watching...

    But yes, since it seems they have control over English language version; regardless of who distributes it in your region, they have right of assertion. Furthermore, you are ignoring US copyright law; even if the fansub is somehow legal in your territory, unless you actively region restrict IP addresses, then anyone can access your product. Thus, violating copyright. And Google is a US company of course, so is subject to US law.

    Furthermore, I presume FUNimation may have enforcement provisions endowed by the Japanese IP holders; to which may be sublicensed. In other words, FUNimation/agents are authorized on behalf of Japan to go after you, regardless of territory.

    Japanese people take IP, or anything bureaucratic for that matter, hard core. Just try watching TV Japan (International NHK). They censor stuff, such as sports images, from the live TV news broadcast. The same is true with anime... They are quite particular with their IP.

    ...and before you try to go claim "fair use", retransmitting entire broadcasts of IP, with or without modifications, are not recognized by US and other courts as meeting the standard for fair use, as observed by legal precedent.

    The reason being, even if you are not paid directly, you are recieve intangible economic benefit; and thus are engaged in a "commercial use". Publicity, recognition, "attention", these are considered intangible capital asset. In other words, the fame you get by having people use your service is by itself, a form of currency.

    Finally, let me remind you that the video you use itself, if obtained via circumventing DRM, is a criminal act itself under DMCA, in general regardlessness of the intended use. There are since post 2000 rulemaking revisions of this blanket statement. Since you are somehow copying Conan from a video source that at some point was protected, using the video, is illegal. This issue is one of the criticisms of the DMCA. Regardless, what you are doing does not qualify as a protected fair use reason, so it matters not.

    I suggest you read some Wikipedia articles for further clarification:

    https://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act
    https://en.wikipedia.org/wiki/Fair_use


    You are probably "on the radar", because you got too popular. You are seen as a "revenue threat" thereof; instead of watching Conan on a legal platform, people use your product. Therefore, even if you yourself make no money, you are in effect "stealing money from the IP holder".

    That is the basis for IP law, anyways. Whether that is true or not, doesn't matter. They will still be comming for your guns, regardless.

    If you cannot negotiate with the IP holder, there is nothing you can do at this point. Google is in enough trouble with the EU at present to worry about a "small fish" such as yourself. Yes, can be frustrating I suppose, but that is the risk you take by being dependent on Google for your traffic.

    After all, there's always Bing... (ha, ha, ha)



  • @thegrandalliance said in Doubt about Copyright issue:

    @SufiAka said in Doubt about Copyright issue:

    ...and that FunAnimation company

    *FUNimation - You Should Be Watching...

    But yes, since it seems they have control over English language version; regardless of who distributes it in your region, they have right of assertion. Furthermore, you are ignoring US copyright law; even if the fansub is somehow legal in your territory, unless you actively region restrict IP addresses, then anyone can access your product. Thus, violating copyright. And Google is a US company of course, so is subject to US law.

    Furthermore, I presume FUNimation may have enforcement provisions endowed by the Japanese IP holders; to which may be sublicensed. In other words, FUNimation/agents are authorized on behalf of Japan to go after you, regardless of territory.

    Japanese people take IP, or anything bureaucratic for that matter, hard core. Just try watching TV Japan (International NHK). They censor stuff, such as sports images, from the live TV news broadcast. The same is true with anime... They are quite particular with their IP.

    ...and before you try to go claim "fair use", retransmitting entire broadcasts of IP, with or without modifications, are not recognized by US and other courts as meeting the standard for fair use, as observed by legal precedent.

    Finally, let me remind you that the video you use itself, if obtained via circumventing DRM, is a criminal act itself under DMCA, in general regardlessness of the intended use. There are since post 2000 rulemaking revisions of this blanket statement. Since you are somehow copying Conan from a video source that at some point was protected, using the video, is illegal. This issue is one of the criticisms of the DMCA. Regardless, what you are doing does not qualify as a protected fair use reason, so it matters not.

    I suggest you read some Wikipedia articles for further clarification:

    https://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act
    https://en.wikipedia.org/wiki/Fair_use


    You are probably "on the radar", because you got too popular. You are seen as a "revenue threat" thereof; instead of watching Conan on a legal platform, people use your product. Therefore, even if you yourself make no money, you are in effect "stealing money from the IP holder".

    That is the basis for IP law, anyways. Whether that is true or not, doesn't matter. They will still be comming for your guns, regardless.

    If you cannot negotiate with the IP holder, there is nothing you can do at this point. Google is in enough trouble with the EU at present to worry about a "small fish" such as yourself. Yes, can be frustrating I suppose, but that is the risk you take by being dependent on Google for your traffic.

    After all, there's always Bing... (ha, ha, ha)

    @thegrandalliance As I just said IF he not making money on the video then no your wrong it would fall under fair used.Tough I not sure of how Europe Fair Used laws works. But if your going by USA Laws as you stated in your post then no you be wrong. It would be fair used! I find it funny you post that link b/c I think you need to take look at it:

    "Fair use is a doctrine originating in the law of the United States that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing certain limited uses that might otherwise be considered infringement. Examples of fair use in United States copyright law include commentary, search engines, criticism, parody, news reporting, research, and scholarship. Fair use provides for the legal, unlicensed citation or incorporation of copyrighted material in another author's work under a four-factor test."

    Going by your logic Team Four Star would not be a thing right now...



  • @gohan6425 said in Doubt about Copyright issue:

    commentary, search engines, criticism, parody, news reporting, research, and scholarship.

    Which of those would a fansub fall under? I'm pretty sure Team Four Star would be parody but a fan sub usually isn't.



  • @Doublethree100 said in Doubt about Copyright issue:

    @gohan6425 said in Doubt about Copyright issue:

    commentary, search engines, criticism, parody, news reporting, research, and scholarship.

    Which of those would a fansub fall under? I'm pretty sure Team Four Star would be parody but a fan sub usually isn't.

    @Doublethree100 Fansub which I not sure what that mean there doing in Japan or some other language? But Fandub or "Funsub" would fall under parody even though it not laughing. One can debate that it not a "real" version so it would be a parody... There are alot of Fandubs on YouTube that have it fall under fair used for parody b/c it not an "official" dub and as long as it nonprofit that can keep it up...



  • @gohan6425 said in Doubt about Copyright issue:

    in another author's work under a four-factor test."

    You overlooked this very key point, Gohan. "Examples if fair use", as you cite above, still must pass the Section 17 United States Code test, as I posted below.

    Indeed, and also we are talking about DMCA, which imposes additional restrictions beyond 17 USC Copyright Fair Use law. I was editing my post above, so you might have not seen the changes.

    According to legal US precedent, even if you charge $0 for the service, you may still be making commercial use as a result of the fame or recognition you obtain, which is monetizable. If you are famous because of your fansubs, your fame is by itself worth money. Your "brand image" is thus, a capital asset. Trump FTW. This this further true when the entity doing the fansub is a group, not an individual.


    In other words, legal precedent on this basis alone makes all fansubs illegal. But there is more... "Fair Use" in the US is governed by these 4 tests, which each have ages of interpreted law thereof:

    1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
    2. The nature of the copyrighted work;
    3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole;
    4. The effect of the use upon the potential market for or value of the copyrighted work.

    A fansub violates one or all of these tests. If the product was a discussion piece such as Spaceman's Dub Talk, one may be able to make a case. But cut/pasting an entire show, and simply adding subtitles, is not fair use.

    The value added function of a subtitle is not by itself an exclusive fair use purpose, such as commentary or otherwise. Furthermore, using the entire work with the video/audio lessens the license value of the product. If someone can watch anime for free, the value of the license FUNimation or otherwise Japanese issuance thereof is damaged. The act of simply adding a subtitle and claiming the work to be independent, does not excuse the retransmission of the video art and sound. Remember, the fansub service did not draw the anime, but yet is retransmitting the images.

    For a fansub to potentially claim legal status, only the subtitles themselves could be claimed possibly as "fair use". That means, they would have to show a blank/mute video with only the subtitles. Or, have an app that overlays the subtitles on top of a legal video stream. Then, and only then, could one make such a claim.

    Even so, because the act of subtitling could be itself a copyrighted asset, I wouldn't be surprised if the Japs claimed you are violating their right to "be exclusive subtitle service". But at least, maybe you may have a claim.

    BTW, a "fandub" is just as illegal... The Japanese companies maintain the right to sublicenses dub rights. Or otherwise, any company could dub an anime; FUNimation would have no exclusives, bankrupt, yea me. But yes. So a fandub, being a "parody" or otherwise, just as illegal. You are still retransmitting the video art.


    The point is, all fansubs/dub are illegal, whether by US or international copyright treaty. So, don't do them. If you do, don't be surprised when they cone for your guns. Finally, Google (which is US company, after all) reserves the right to do whatever: You cannot legally force Google to index your site.

    Thus, you lose, they win. How it is, of course...



  • @gohan6425 said in Doubt about Copyright issue:

    Fansub which I not sure what that mean there doing in Japan or some other language?

    fan subs are just translating and putting the subs on screen. You aren't removing anything (like fan dubs removing the original voice acting) and not really adding anything of your own to it.



  • @thegrandalliance said in Doubt about Copyright issue:

    @gohan6425

    We are talking about DMCA, which imposes additional restrictions beyond 17 USC Copyright Fair Use law. I was editing my post above, so you might have not seen the changes.

    According to legal US precedent, even if you charge $0 for the service, you may still be making commercial use as a result of the fame or recognition you obtain, which is monetizable. If you are famous because of your fansubs, your fame is by itself worth money. Your "brand image" is thus, a capital asset. Trump FTW. This this further true when the entity doing the fansub is a group, not an individual.


    In other words, legal precedent on this basis alone makes all fansubs illegal. But there is more... "Fair Use" in the US is governed by these 4 tests, which each have ages of interpreted law thereof:

    1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
    2. The nature of the copyrighted work;
    3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole;
    4. The effect of the use upon the potential market for or value of the copyrighted work.

    A fansub violates one or all of these tests. If the product was a discussion piece such as Spaceman's Dub Talk, one may be able to make a case. But cut/pasting an entire show, and simply adding subtitles, is not fair use.

    The value added function of a subtitle is not by itself an exclusive fair use purpose, such as commentary or otherwise. Furthermore, using the entire work with the video/audio lessens the license value of the product. If someone can watch anime for free, the value of the license FUNimation or otherwise Japanese issuance thereof is damaged. The act of simply adding a subtitle and claiming the work to be independent, does not excuse the retransmission of the video art and sound. Remember, the fansub service did not draw the anime, but yet is retransmitting the images.

    For a fansub to potentially claim legal status, only the subtitles themselves could be claimed possibly as "fair use". That means, they would have to show a blank/mute video with only the subtitles. Or, have an app that overlays the subtitles on top of a legal video stream. Then, and only then, could one make such a claim.

    Even so, because the act of subtitling could be itself a copyrighted asset, I wouldn't be surprised if the Japs claimed you are violating their right to "be exclusive subtitle service". But at least, maybe you may have a claim.

    BTW, a "fandub" is just as illegal... The Japanese companies maintain the right to sublicenses dub rights. Or otherwise, any company could dub an anime; FUNimation would have no exclusives, bankrupt, yea me. But yes. So a fandub, being a "parody" or otherwise, just as illegal. You are still retransmitting the video art.


    The point is, all fansubs/dub are illegal, whether by US or international copyright treaty. So, don't do them. If you do, don't be surprised when they cone for your guns. Finally, Google (which is US company, after all) reserves the right to do whatever: You cannot legally force Google to index your site.

    Thus, you lose, they win. How it is, of course...

    @thegrandalliance fortunately I don't take his word when it comes to YouTube matters. I never said I did a fandub but I know people who do it. May I remind you you're talking to someone that's more familiar with YouTube. Since you know I know people. Also if the uploader does not make any money as in monetizing the video it does not matter if he gets famous off of it because he's not making any money therefore it is non-profit. Which contradicts that because yes that would be argued as fair use. Team Four Star got famous yet they're still on YouTube. You're not getting any money for the episodes that they upload on YouTube therefore they are not making any profit off of the project that they're doing same goes for any type of fandub or fansub. You seem not to grasp that concept as I explained already.



  • @Doublethree100 said in Doubt about Copyright issue:

    @gohan6425 said in Doubt about Copyright issue:

    Fansub which I not sure what that mean there doing in Japan or some other language?

    fan subs are just translating and putting the subs on screen. You aren't removing anything (like fan dubs removing the original voice acting) and not really adding anything of your own to it.

    @Doublethree100 OH! Well in that case that would be copyrighted. My bad you are right then.



  • @gohan6425 said in Doubt about Copyright issue:

    Also if the uploader does not make any money as in monetizing the video it does not matter if he gets famous off of it because he's not making any money therefore it is non-profit. Which contradicts that because yes that would be argued as fair use.

    A few points...

    1. The YouTube user is "stealing" or otherwise monetarily damaging the value of the license, by putting it on Youtube. People who are watching YouTube when they otherwise should be watching FUNimation, is devaluing the license FUNimation paid for. It also negates revenue that Japanese companied would recieve from a legal stream. Therefore, regardless of if the YouTuber is making money, they are still causing economic harm.
    2. Getting "famous" via the use of other's IP, is the realization of the harm. You are stealing "their fame", which is considered a capital asset. Thus, a commercial use.
    3. Just because YouTube is totally filled with IP violating content (including your own, potentially), does not mean you can do it too; and assume its okay. Collective criminality is not a defense.
    4. If you don't think "fame, recognition" or otherwise is legally recongized as harm, least I suggest you check out some case law

    https://en.wikipedia.org/wiki/Fair_use#Fair_use_and_text_and_data_mining
    https://en.wikipedia.org/wiki/Los_Angeles_Times_v._Free_Republic

    Likewise, the noncommercial purpose of a use makes it more likely to be found a fair use, but it does not make it a fair use automatically.[10] For instance, in L.A. Times v. Free Republic, the court found that the noncommercial use of Los Angeles Times content by the Free Republic Web site was not fair use, since it allowed the public to obtain material at no cost that they would otherwise pay for.

    That means fansubs/dub. If people would otherwise pay for the FUNimation/whatever product, but using urs, it is not legal.

    Richard Story similarly ruled in Code Revision Commission and State of Georgia v. Public.Resource.Org, Inc. that despite the fact that it is a non-profit and didn't sell the work, the service profited from its unauthorized publication of the Official Code of Georgia Annotated because of "the attention, recognition, and contributions" it received in association with the work.

    Again, more bad.

    The point is again, fanstuff is illegal, so don't do please, k, thank u...



  • @thegrandalliance said in Doubt about Copyright issue:

    @gohan6425 said in Doubt about Copyright issue:

    Also if the uploader does not make any money as in monetizing the video it does not matter if he gets famous off of it because he's not making any money therefore it is non-profit. Which contradicts that because yes that would be argued as fair use.

    A few points...

    1. The YouTube user is "stealing" or otherwise monetarily damaging the value of the license, by putting it on Youtube. People who are watching YouTube when they otherwise should be watching FUNimation, is devaluing the license FUNimation paid for. It also negates revenue that Japanese companied would recieve from a legal stream. Therefore, regardless of if the YouTuber is making money, they are still causing economic harm.
    2. Getting "famous" via the use of other's IP, is the realization of the harm. You are stealing "their fame", which is considered a capital asset. Thus, a commercial use.
    3. Just because YouTube is totally filled with IP violating content (including your own, potentially), does not mean you can do it too; and assume its okay. Collective criminality is not a defense.
    4. If you don't think "fame, recognition" or otherwise is legally recongized as harm, least I suggest you check out some case law

    https://en.wikipedia.org/wiki/Fair_use#Fair_use_and_text_and_data_mining
    https://en.wikipedia.org/wiki/Los_Angeles_Times_v._Free_Republic

    Likewise, the noncommercial purpose of a use makes it more likely to be found a fair use, but it does not make it a fair use automatically.[10] For instance, in L.A. Times v. Free Republic, the court found that the noncommercial use of Los Angeles Times content by the Free Republic Web site was not fair use, since it allowed the public to obtain material at no cost that they would otherwise pay for.

    That means fansubs/dub. If people would otherwise pay for the FUNimation/whatever product, but using urs, it is not legal.

    Richard Story similarly ruled in Code Revision Commission and State of Georgia v. Public.Resource.Org, Inc. that despite the fact that it is a non-profit and didn't sell the work, the service profited from its unauthorized publication of the Official Code of Georgia Annotated because of "the attention, recognition, and contributions" it received in association with the work.

    Again, more bad.

    The point is again, fanstuff is illegal, so don't do please, k, thank u...

    @thegrandalliance Wrong AGAIN! Fandubs are FAIR USED as your not making money off of then plain and sample! If your using your own voice actor and not making money on it that it FAIR USED! Go tell Team Four Star this...



  • @gohan6425

    Only if, the only part of the fandub on YouTube was the Voice Actor audio track. A blank video. Like a radio broadcast, or something. Then a case could be made.

    But once again, Gohan, you are forgetting the graphics. A fandub uses the animation video channel, and adds a sound track. That act does not give them the legal right to use the anime art/video, however. They did not draw every frame of the anime and put it together. That's most of the production cost of anime, right there.

    Furthermore, IP law gives the creator of content exclusive control over who can do this act of subbing/dubbing the video. They sell this right to companies like FUNimation, for the various regions. Otherwise anyone could cut/paste the anime and dub it themselves. Because the IP holders own the right, they can sell this right.

    If you dub/sub someone's anime and don't contract to pay them, their right to license the product is harmed economically.

    If you are not understanding this concert, Gohan, I suppose I could go on further. Nevertheless, just think about what would happen if any US anime company could legally redub a FUNimatiin title and sell it. Like if Amazon, Netflix, Crunchyroll all had their own version of a DBZ English dub. Then, the FUNimation dub wouldn't be worth much of anything at that point. Furthermore, since the other companies aren't paying Toei/Japan, they aren't making any money either.

    Perhaps you will get this concept, or not. IP law can be complicated Regardless, it stands.



  • @thegrandalliance said in Doubt about Copyright issue:

    @gohan6425

    Only if, the only part of the fandub on YouTube was the Voice Actor audio track. A blank video. Like a radio broadcast, or something. Then a case could be made.

    But once again, Gohan, you are forgetting the graphics. A fandub uses the animation video channel, and adds a sound track. That act does give them the legal right to use the anime art/video, however. They did not draw every frame of the anime and put it together. That's most of the production cost of anime, right there.

    Furthermore, IP law gives the creator of content exclusive control over who can do this act of subbing/dubbing the video. They sell this right to companies like FUNimation, for the various regions. Otherwise anyone could cut/paste the anime and dub it themselves. Because the IP holders own the right, they can sell this right.

    If you dub/sub someone's anime and don't contract to pay them, their right to license the product is harmed economically.

    If you are not understanding this concert, Gohan, I suppose I could go on further. Nevertheless, just think about what would happen if any US anime company could legally redub a FUNimatiin title and sell it. Like if Amazon, Netflix, Crunchyroll all had their own version of a DBZ English dub. Then, the FUNimation dub wouldn't be worth much of anything at that point. Furthermore, since the other companies aren't paying Toei/Japan, they aren't making any money either.

    Perhaps you will get this concept, or not. IP law can be complicated Regardless, it stands.

    @thegrandalliance See that different. As again I stated if it nonprofit then it FAIR USED. Via USA Laws. Plain and Sample. It not a "redub" or another company making it. If it nonprofit with different voice actor etc... Then guess what it FAIR USED... And I don't see an offiacl dub being devaild ANYTHING. Laws are laws... If you not making money on it, its nonprofit plain and sample...



  • @gohan6425 he's saying what's stopping Sentai from releasing their own Dragon Ball Z dub but putting it on Youtube with no ads if this was the case.



  • I'm inclined to agree with Gohan on this one, at least about the fandubs stuff, to an extent. Like if you are just dubbing word for word translations from the JP dub then there is an issue. Parodies are at least in a grey area, as long as they don't monetize them then there isn't a huge issue. However, in the case of TeamFourStar, they have been cease and desisted on their Attack on Titan parody. Which is definitely because of Kodansha being a pain. It clearly isn't because of Funimation, they "frequently" use TFS talent in their dubs and even Kaiser Lani and Taka have been immortalized in Dragonball in Xenoverse 2 (Taka is also in Xenoverse 1).

    Though I did see something that is misleading/wrong:

    However Team Four Star is nonprofit and does not monetize ANY of there abridged series episode that make then for fun.

    They are not a non-profit, they just however can't make money from DBZA or Hellsing Ultimate Abridged. They have a gaming channel, both on Youtube and Twitch, and a Patreon. They aren't making tons of dough but they are at least doing well enough to hire editors and be able to pay bills. They've even said that they'll probably make their own animated stuff. But not all the members live in the same place, Taka lives in Canada, MasakoX lives in the UK, I think Zito is New York, meanwhile TFS (and most of their employees) reside in Texas.

    I just wanted to say that there is a difference between a non-profit and not able to earn revenue.

    So pretty much if Toei or whoever did Hellsing wanted TFS to stop their parodies they are willing to do it, but don't expect Funimation to, they're actually cool with it I think.



  • @darthrutsula40 said in Doubt about Copyright issue:

    I'm inclined to agree with Gohan on this one, at least about the fandubs stuff, to an extent. Like if you are just dubbing word for word translations from the JP dub then there is an issue. Parodies are at least in a grey area, as long as they don't monetize them then there isn't a huge issue. However, in the case of TeamFourStar, they have been cease and desisted on their Attack on Titan parody. Which is definitely because of Kodansha being a pain. It clearly isn't because of Funimation, they "frequently" use TFS talent in their dubs and even Kaiser Lani and Taka have been immortalized in Dragonball in Xenoverse 2 (Taka is also in Xenoverse 1).

    Though I did see something that is misleading/wrong:

    However Team Four Star is nonprofit and does not monetize ANY of there abridged series episode that make then for fun.

    They are not a non-profit, they just however can't make money from DBZA or Hellsing Ultimate Abridged. They have a gaming channel, both on Youtube and Twitch, and a Patreon. They aren't making tons of dough but they are at least doing well enough to hire editors and be able to pay bills. They've even said that they'll probably make their own animated stuff. But not all the members live in the same place, Taka lives in Canada, MasakoX lives in the UK, I think Zito is New York, meanwhile TFS (and most of their employees) reside in Texas.

    I just wanted to say that there is a difference between a non-profit and not able to earn revenue.

    So pretty much if Toei or whoever did Hellsing wanted TFS to stop their parodies they are willing to do it, but don't expect Funimation to, they're actually cool with it I think.

    @darthrutsula40 The gaming channel is there own contacts which that can make money on. As long as there not making money on there Abridged Show there within there rights... Toei try to get TFS shut down TWICE and that where back up in 10 day both times... But yes it ALL Toei not Funimation...



  • @gohan6425

    Again, perhaps you got lost in my /walloftext above, but as stated previously:

    1. Using the art of the anime in combination with your fandub, violates the value of the art. A fandub is a mixing of the VA and the anime, each with its own economic value.
    2. Such is not fair use, because the value of the art is the primary value of the anime.
    3. Furthermore, the act of dubbing/sub an entire episode does not constitute a catagory of fair use.
    4. Finally, even if no charge/money is made directly by the fansubber; either by the economic harm they are causing to Japan/FUNimation by "using" their user traffic, or other monetary benefits the fansubber may recieve via fame or otherwise, violates the test of a fair use.
    5. The only way a fansub could conceivably claim fair use is if they can affirmatively prove their product does not cause economic harm to the IP holder. And they would have to prove they have a legal use based upon the approved/recognized categories of fair use.
    6. Japanese doesn't have an officially recognized fair use provision in their IP laws. Their laws are heavily restricted. Thus, even if you can prove (5) in a US Court; as a result of international treaties to which USA and others are signatories, it is still not fair use.
    7. In other words, even if it is somehow fair use in the United States; it is still illegal in the US and elsewhere, because of the international treaty.

    There's no way out, Gohan. I know you are trying, but there is none. Resistance is Futile.

    But no matter.



  • @thegrandalliance said in Doubt about Copyright issue:

    @gohan6425

    Again, perhaps you got lost in my /walloftext above, but as stated previously:

    1. Using the art of the anime in combination with your fandub, violates the value of the art. A fandub is a mixing of the VA and the anime, each with its own economic value.
    2. Such is not fair use, because the value of the art is the primary value of the anime.
      3.Furthermore, the act of dubbing/sub an entire episode does not constitute a catagory of fair use.
    3. Finally, even if no charge/money is made directly by the fansubber; either by the economic harm they are causing to Japan/FUNimation by "using" their user traffic, or other monetary benefits the fansubber may recieve via fame or otherwise, violates the test of a fair use.
    4. The only way a fansub could conceivably claim fair use is if they can affirmatively prove their product does not cause economic harm to the IP holder. And they would have to prove they have a legal use based upon the approved/recognized categories of fair use.
    5. Japanese doesn't have an officially recognized fair use provision in their IP laws. Their laws are heavily restricted. Thus, even if you can prove (5) in a US Court; as a result of international treaties to which USA and others are signatories, it is still not fair use.
    6. In other words, even if it is somehow fair use in the United States; it is still illegal in the US and elsewhere, because of the international treaty.

    There's no way out, Gohan. I know you are trying, but there is none. Resistance is Futile.

    But no matter.

    @thegrandalliance Wrong it not "art" it a TV Show and if it nonprofit it FAIR USED sorry but YOUR WRONG! I think I would know this since I more awhile of YouTube Rules... Also AGAIN I ask you tell that to Team Four Star! Since Toei FAIL TWICE to get then shut down!


Log in to reply