Is it really wrong to download anime?
I was browsing the straits times database when i came across this very interesting News ArticleA…
So.. in the article the author discussed about how Fan-Sub actually help boost the sales of Original Anime DVD as it helps do free publicity instead of ODEX’s claim that the Fan-Subs cause their sales to drop dramatically.
Quoting from the News Article:
“In practice, once the originals with official subtitling or dubbing in English can be purchased, most fan-subs take down the pirated movies from their sites, which they then use to help promote the sales of the original DVDs. Once this happens, fans around the world obviously won’t be able to access them online any more and would have to buy the DVDs.
Thus far then, anime firms have rarely resorted to legal action against downloaders, usually regarding fan activity instead as helping to promote interest in their product.”
See? so… so now wad? ok ODEX says that when we download we are infringing copyright as the anime are creation of their partners or they have obtained license to release them in Singapore YAAAAAAAAAAA….. how true… now lets look at the law… i search this of the internet (site here)
Chapter 63
http://statutes.agc.gov.sg/non_version/cgi-bin/cgi_getdata.pl?actno=2006-REVED-63&date=20070815&method=part&doctitle=&segid=1138345605-000044#1138345605-000044
1. This Act may be cited as the Copyright Act.
Division 3
Fair dealing in relation to works
35. —(1) Subject to this section, a fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, for any purpose other than a purpose referred to in section 36 or 37 shall not constitute an infringement of the copyright in the work.
[52/2004]
(1A) The purposes for which a dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, may constitute a fair dealing under subsection (1) shall include research and study.
[52/2004]
(2) For the purposes of this Act, the matters to which regard shall be had, in determining whether a dealing with a literary, dramatic, musical or artistic work or with an adaptation of a literary, dramatic or musical work, being a dealing by way of copying the whole or a part of the work or adaptation, constitutes a fair dealing with the work or adaptation for any purpose other than a purpose referred to in section 36 or 37 shall include —
(this is the most impt)
(a) the purpose and character of the dealing, including whether such dealing is of a commercial nature or is for non-profit educational purposes;
(b) the nature of the work or adaptation;
(c) the amount and substantiality of the part copied taken in relation to the whole work or adaptation;
(d) the effect of the dealing upon the potential market for, or value of, the work or adaptation; and
(e) the possibility of obtaining the work or adaptation within a reasonable time at an ordinary commercial price.
[52/2004]
Fair dealing for purpose of criticism or review
36. A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, shall not constitute an infringement of the copyright in the work if it is for the purpose of criticism or review, whether of that work or of another work, and a sufficient acknowledgment of the work is made.
[Aust. 1968, s. 41]
So people who still dont really understand this… the news article has summariesd Section 35 for us.
Quoting:
“A 2004 amendment to the copyright law here introduced a new, open-ended exception to make it possible for copying - in whole or part - to be construed as fair use depending on five factors.
First, is the work copied creative in nature or not (like a phone directory)?
Secondly, how much is copied?
Thirdly, is the copying for profit?
(Clearly, anime is creative work and fans copy the whole work, but they don’t do it for profit. Even Article 38 of Japan’s own copyright law allows parties to ‘distribute by wire a work already broadcast for non-profit purposes’. )
Fourthly, can the work be obtained within a reasonable time at an ordinary commercial price?
(The most popular anime titles take about six to eight months to be released here on VCDs or DVDs but they are now competitively priced when they do appear here.)
The fifth and final consideration is the effect of copying upon the work’s potential market here. That is, the anime firm must show that future harm is very likely, not that actual harm has occurred. Local fans say they do go online to buy anime DVDs from foreign distributors. US experience suggests that this is not all empty talk.”
GREAT… so now we can argue that what netizens are doing is not actually illegal…
Adding On.. Section 36 says it not wrong to view the whole article (anime in this case) if it is for the purpose of REVIEW. so obviously when people release Fan-Subs wants to help to promote the Anime.. releasing episodes will sort of count as releasing a Review for potential buyers?
Some People Seriously Need To Read The Law Properly
And i should say the fines are rubbish.. yes rubbish why? if copyright infrigement has indeed be made then the people should be fined to PAY for the license of the episode not the whole claim which covers the lawyer fee etc… that to me is rubbish.
Oh and let me remind you of something i learnt when i was in school.
when we want to solve a problem. we find the root of the problem.
in this case.. please sent your letter to the Fan-Subs to ask them to stop Subbing?
Lets see whether that is possible.
till then..
Be Original, Buy Original
when they come out with proper quaility and subbing dont waste your money
if not you may want to pay twice the amount to direct import from the US.
WeiZhan
a nice website for you all
http://www.darkmirage.com/2007/08/19/odex-having-your-cake-and-eating-it-too/
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