Anime Music Video - AMV and Copyright Infringement

AMV and Copyright Infringement

The Japanese culture is generally permissive with regard to the appropriation of ideas. Works such as dōjinshi, unauthorized comics continuing the story of an official comic series, are actually encouraged by many anime makers. These dōjinshi take an original copyrighted work and expand upon the story, allowing the characters to continue on after, before, or during the original story. Most anime makers encourage this practice, as it expands their series. Some see it as a tribute while others see it from a business viewpoint that it draws in more support for the anime than it would have had otherwise. Some manga artists create their own dōjinshi, such as Maki Murakami's "circle" Crocodile Ave (Gravitation).

The question has been raised of how such works can continue to exist, or such organizations to flourish, when they do so with questionable legality. The answer is that many of the Japanese authors encourage it—several of these authors began their careers with the same kinds of projects they witness anime fans working on today (ex. Clamp).

It seems that American anime distributors hold a similar sort of view in regards to AMVs. In an interview with site AnimeNewsNetwork, FUNimation Entertainment copyright specialist Evan Flournay said they generally see AMVs as a sort of free advertising. "The basic thinking going into fan videos is thus: if it whets the audience's appetite, we'll leave it alone. But if it sates the audience's appetite, it needs to come down. Does that make sense?" he says.

In recent years there has been an increased demand, primarily on the part of the record industry, for the removal of AMVs from sites like YouTube, Google Video, or the AnimeMusicVideos.org aggregation site, with particular regard to YouTube due to its relative popularity compared to other AMV sources, as well as its for-profit status. Musical performers and their representative record labels have been requesting the removal of some music videos from websites where they are made available for download, though it is primarily the latter who take such action. Public discussions and perspectives give varying accounts of exactly how widespread these actions have become. In November 2005, the administrator of AnimeMusicVideos.org was contacted by Wind-up Records, requesting the removal of content featuring the work of the bands Creed, Evanescence, and Seether. Songs on AMVs uploaded on YouTube are sometimes removed due to copyright infringement of either TV Tokyo or the Warner Music Group.

While music labels and corporations generally see AMVs in negative light, often the actual musical artists in question do not hold the same views. A number of AMV editors report to having had positive contact with various artists, including Trey Gunn and Mae. Japanese electronic duo Boom Boom Satellites even teamed with site AMVJ Remix Sessions to sanction an AMV competition to help promote one of their singles, going so far as to provide the source material for editors to use. The winner's video would be featured during one of the pair's tours. The first of this competition took place in January 2008 using the song "Easy Action" and the anime movie Vexille. A second competition took place later that year in November using the song "Shut Up And Explode" and the anime Xam'd: Lost Memories.

In his book Code: Version 2.0 and a subsequent talk in Google's AtGoogleTalks Author's Series, Creative Commons founder Lawrence Lessig specifically mentions AMVs as an example when dealing with the legality and creative nature of digital remix culture.