I own an anime site, and currently it has links to anime that has been uploaded to websites like MegaUpload.com or Rapidshare.com The anime is fansubbed by independent groups and is released in subbed format (so that people could understand it even if they can't read japanese). Anyway, my question is this: I would like to put them on a dedicated server, so that people could download them directly without having to go to megaupload or rapidshare. (they have awful wait times) Can I do this, and would it be legal. I wouldn't be charging for this, so it would be a completely free service. This is to take place in the US (if it's allowed)
No, this is illegal, as it is a derivative work. Even just providing translated subtitles without the original is most likely illegal too.
That's not really what I am concerned about. The langauage is translated word for word to the best of the ability of the translator, so it's more or less like googles translation services for whole websites. You still have the original, since you can turn off the subtitles if needed. It's the same as having one of those TVs where you press the subtitle button, and it starts writing everything that is said in a movie or whatever. I might be completley off though, so if i am, can someone confirm what kenYN said?
Distributing copyrighted works without permission is illegal (can be a criminal offense). People put illegally obtained works on rapidshare all the time - it doesn't mean its ok. Go to the creator of the works and obtain their permission before putting anything on your server.
sorry offtopic, but first you should check your signature link double time... seems like you forgot to put ".com" on somewhere !
It is illegal. It's copyrighted material and you don't have the rights to it. The subtitles are a little iffy. The fansubs work through an editor most of the time. Google translations are garbage and they mess up the translations. If you really want to do it, you pretty much can. If you aren't selling it, they won't come after you. Most anime publishers and distributors depend on sites like yours to get exposure for their anime. I don't think they've ever really gone after anyone for it. I would personally advise against it though. You could either embed youtube videos or just keep doing what you're doing. The bandwidth costs would be crazy for a dedicated server and you're going to have a problem really breaking into the market.
It's illegal. Just look at what happened to YouTube (link) Many of the take-downs were of fansubbed anime and tv shows.
Anime producers will sue your ass. No wait, nobody who has posted knows jack about running an anime site. Don't worry, you're safe, it's free promotion for the anime right? Just as long as you don't do a Tazmo and charge people for anime.
lol. surprisingly he hasn't been sued yet. That guy has probably made hundeds of thousands just from his site alone, not including all his advertisers. edit: if it's such a big deal, Ill get some annonymous server from the netherlands or something.
Getting a server in another country won't necessarily protect you. The country you live in determines what copyright laws you have to follow. Also, I'm pretty sure that the fansubs were taken down because of a youtube crusade against the tons of foreign material on their site. They seemed to be mainly targeting anime for no real reason. Just what I've heard.
Well, I was gonna have my friend like put his name on it. Since he's not from the US, i think it wouldn't bother him or me. Only the US has dumb copyrighting laws. (i know others do to, im just saying that some in the US are completely pointless)
Just because no-one has been sued over it yet doesn't mean it won't happen. It's still illegal and in my opinion not worth the risk. I seem to remember BoxTorrents.com being sent a cease and desist notice from ADV Films a while back. It's only a matter of time until someone gets sued. There is a ton of foreign content on YouTube. They don't have any policy against non-english material. Only against copyrighted material.
Well, technically Anime is not sold, even in japan. And it's not aired on a channel like HBO that you have to pay for. I think it would be ok. Plus, there is too much copyrighted stuff on youtube as it is. They just chose to target anime cause it's abundunt and it seems as though they are "doing somethign" boxtorrents hosted links to US films, as well as copyrighted programs, and music.
Anime is indeed sold in Japan. DVD volumes come out soon after their television debuts. Not all shows are on the 6 major networks and all of them are supported by commercial advertising. Even so, just because something isn't being 'sold' doesn't mean you have the right to distribute it. Unless copyright and intellectual property laws change drastically, it's definitely still illegal.
You guys are missing the point The only anime sites that have problems are the sites that are HUGE Anime producers know that anime sites are what makes anime in America Popular If it wasn't for Anime websites serving fan subs, The anime industry in america would be basically non existent Sites that give out massive amounts of anime due to their massive traffic are the only ones that have problems with these companies, Youtube, NarutoFan and a couple other sites Even if they send you a seize and desist order, you would just have to take down that show and move on Also, anime has different licenses in different countries, so basically if you live in Canada for example, most Anime series don't have a license up there so basically you have the right to "share" it. That doesn't give you the power to legally sell it though because you don't own the license to sell it in that country
The original question was whether or not it was legal, which it isn't. Even if a series is not licensed in Country X, it is still protected by international copyright law and the copyright holder has the right to sue you whether you're 'sharing it', 'selling it', or 'downloading it'. Fansubs are a great resource for the anime industry, but they also cripple their sales to an extent. Viz has already announced that they will be offering subtitled anime for download, similar to fansubs. Eventually, US companies will start releasing subtitled content online and when that happens, fansubbing will no longer be necessary.
Thats just not true, look it up, it depends on what it is http://depts.washington.edu/uwcopy/Copyright_Law/International_Copyright_Law/
http://en.wikipedia.org/wiki/Image:Berne_Convention.png Basicly, unless you're living in one of the undeveloped nations colored grey, it's illegal. Happy?
The people that are suing youtube and anime sites are companies like funimation , companies that bought licenses for certain countries The copyright law stated above doesn't have that much to do with this, that law is for the original creators The original creators and publishers aren't going after sites because its basically free advertisement and it will never lower the value of their work as an illustrator, writer, voice actor ext.
I understand this, but Japanese companies do lose profits from people downloading unsubtitled (and subtitled) releases of their television programs on the internet. Just because Japanese companies are not suing fansubbers and distributors of fansubbed content does not mean they won't. They have the legal right to do so. It is still illegal, which is the point I'm making. Just because you can justify the existence of fansubbed content does not make it legal. Copyright law does apply to this situation.