'Lost in Translation': Anime, Moral Rights, and Market Failure
Joshua M. Daniels
Boston University Law Review; affiliation not provided to SSRN
Boston University Law Review, Vol. 88, No. 3, 2008
Abstract:
This Note examines the process by which Japanese anime series are translated, dubbed, and distributed in the United States, with a particular focus on cases in which the dubbed version has been heavily edited from the original source material. These heavily-edited dubbed versions are often commercial failures because they are rejected by many U.S. fans who are familiar with the original Japanese version of the series through the consumption of illegal "fansubbed" versions. Even though these transactions seem wasteful and thus should be avoided, their occurrence on several different occasions over the years is difficult to explain.
This Note argues that these cases are the result of a failure of the anime licensing market to take into account the legitimate interests and expectations of U.S. fans in the integrity of the series, which ought to be considered even though the moral rights of the original creators technically might not be infringed. Drawing upon prior scholarly literature which justifies the fair use defense in copyright law as a means of curing market failures, this Note proposes the adoption of a limited fair use defense for infringing "fansubs" where the authorized dubbed version of the series has been heavily edited and there exists no other legal means by which U.S. fans may enjoy the series in its original form in the United States.
This Note examines the process by which Japanese anime series are translated, dubbed, and distributed in the United States, with a particular focus on cases in which the dubbed version has been heavily edited from the original source material. These heavily-edited dubbed versions are often commercial failures because they are rejected by many U.S. fans who are familiar with the original Japanese version of the series through the consumption of illegal "fansubbed" versions. Even though these transactions seem wasteful and thus should be avoided, their occurrence on several different occasions over the years is difficult to explain.
This Note argues that these cases are the result of a failure of the anime licensing market to take into account the legitimate interests and expectations of U.S. fans in the integrity of the series, which ought to be considered even though the moral rights of the original creators technically might not be infringed. Drawing upon prior scholarly literature which justifies the fair use defense in copyright law as a means of curing market failures, this Note proposes the adoption of a limited fair use defense for infringing "fansubs" where the authorized dubbed version of the series has been heavily edited and there exists no other legal means by which U.S. fans may enjoy the series in its original form in the United States.
Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1179762
Copyright and Comics in Japan: Does Law Explain Why All the Cartoons My Kid Watches are Japanese Imports?
Salil K. Mehra
Temple University - James E. Beasley School of Law
Abstract:
The growth and development of a major Japanese export - comics and related products, including animated cartoons and so-called "character goods" such as trading cards, lunchboxes, etc. - has occurred simultaneously with the development of very large, openly-held markets for what would appear to be books and products that infringe copyrightholders' interest in these well-known characters. While many infringers are judgment-proof small timers, those who operate the markets and bookstores that trade these wares are often for-profit and even publicly-traded corporations. Although actions for both infringement and contributory infringement are clearly winnable under existing Japanese law, up until now they have been rare. It appears that for a variety of reasons - such as reputational consequences and relatively low (reasonable royalty) damage awards - it is not economically rational to bring these suits. Interestingly, many observers believe that the vibrancy of these markets for infringement has created numerous innovations and fostered the emergence of talented artists who have benefitted the industry as a whole. The relatively weak legal regime in Japan, noted widely elsewhere, appears to have by chance solved a collective action problem and prevented the interests of a few copyrightholders from inhibiting the growth and development of the industry as a whole.
The growth and development of a major Japanese export - comics and related products, including animated cartoons and so-called "character goods" such as trading cards, lunchboxes, etc. - has occurred simultaneously with the development of very large, openly-held markets for what would appear to be books and products that infringe copyrightholders' interest in these well-known characters. While many infringers are judgment-proof small timers, those who operate the markets and bookstores that trade these wares are often for-profit and even publicly-traded corporations. Although actions for both infringement and contributory infringement are clearly winnable under existing Japanese law, up until now they have been rare. It appears that for a variety of reasons - such as reputational consequences and relatively low (reasonable royalty) damage awards - it is not economically rational to bring these suits. Interestingly, many observers believe that the vibrancy of these markets for infringement has created numerous innovations and fostered the emergence of talented artists who have benefitted the industry as a whole. The relatively weak legal regime in Japan, noted widely elsewhere, appears to have by chance solved a collective action problem and prevented the interests of a few copyrightholders from inhibiting the growth and development of the industry as a whole.
Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=347620
A Socio-Cultural Analysis of Romantic Love in Japanese Harem Animation: A Buddhist Monk, a Japanese Knight, and a Samurai
Otto F. Von Feigenblatt
Nova Southeastern University; Journal of Alternative Perspectives in the Social Sciences; Millenia Atlantic University
Journal of Asia Pacific Studies, Vol. 1, No. 3, pp. 636-646, 2010
Abstract
The present paper deals with the harem genre of Japanese animation as a representative example of Japan’s socio-cultural reality in terms of dating and marriage patters in the early 21st century. Animation and manga (comics) are an important part of the public sphere in Japan and one of the most widespread forms of popular culture. Three animated series are discussed in this paper namely: Zero no Tsukaima (Zero’s Familiar), Ameinaideyo!! (Ah my Buddha!!), and Asu no Yoichi (High School Samurai). The main characters are a Japanese Knight, a Buddhist Monk, and a Samurai. The paper concludes that the harem genre in animation and comics represents a turning point in Japanese culture in terms of popular attitudes regarding romantic love and also embodies some of the inherent contradictions involved in the transition from arranged marriages to the Western ideal of chivalric romantic love.
full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1760643
When Holding on Means Letting Go: Why Fair Use should Extend to Fan-Based Activities
Nathaniel T. Noda
University of Hawaii at Manoa - William S. Richardson School of Law
Abstract:
The recent surge of popular interest in anime and manga, or Japanese animation and comics, brings with it distinctive examples of what may be dubbed "fan-based activities," which indicate how courts can adapt the fair use analysis to best balance the public's access to creative works with the interests of copyright holders. This paper examines the effects of fan-based, infringing activities like doujinshi (fan-made comics) and fansubs (fan-subtitled anime episodes) on the creative and economic incentives of the copyright holder, and explains why copyright holders generally refrain from enforcing their rights against those activities. Based on those effects, it not only appears to be in the interest of the public, but also within the copyright holder's economic and creative interests to foster, or at least abide, fan-based infringement. The paper ultimately contends that courts should refine the current judicially constructed fair use analysis to account for the unique benefits entailed by fan-based activities.
The recent surge of popular interest in anime and manga, or Japanese animation and comics, brings with it distinctive examples of what may be dubbed "fan-based activities," which indicate how courts can adapt the fair use analysis to best balance the public's access to creative works with the interests of copyright holders. This paper examines the effects of fan-based, infringing activities like doujinshi (fan-made comics) and fansubs (fan-subtitled anime episodes) on the creative and economic incentives of the copyright holder, and explains why copyright holders generally refrain from enforcing their rights against those activities. Based on those effects, it not only appears to be in the interest of the public, but also within the copyright holder's economic and creative interests to foster, or at least abide, fan-based infringement. The paper ultimately contends that courts should refine the current judicially constructed fair use analysis to account for the unique benefits entailed by fan-based activities.
Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1376223
Cultural Consumer and Copyright: A Case Study of Anime Fansubbing
Hye-Kyung Lee
University of London - King's College London
ESA Research Network Sociology of Culture Midterm Conference: Culture and the Making of Worlds, October 2010
Abstract:
This paper intends to discuss copyright infringement from consumers' perspective through looking into anime 'fansubbing.' Anime fansubbing refers to the participatory consumption in which avid fans copy anime (Japanese animation), translate Japanese to another language, subtitle and release subtitled version on the Internet to share it with other fans, without asking for permission from the copyright holder. The case study of English fansubbing of anime shows that this activity was guided by fansubbers' own ethics that intended to support the anime industry by self-controlling fansubbed anime. Under the advancement of digital technologies and the increased global connectivity among anime fans, however, the existing ethics have become outdated and thus global distribution of anime is further detached from the industry's distribution businesses. This paper notes the importance of consumers' own norms and rules in shaping behaviour of copyright infringement. It raises further questions on the relationship between copyright law and consumer ethics.
This paper intends to discuss copyright infringement from consumers' perspective through looking into anime 'fansubbing.' Anime fansubbing refers to the participatory consumption in which avid fans copy anime (Japanese animation), translate Japanese to another language, subtitle and release subtitled version on the Internet to share it with other fans, without asking for permission from the copyright holder. The case study of English fansubbing of anime shows that this activity was guided by fansubbers' own ethics that intended to support the anime industry by self-controlling fansubbed anime. Under the advancement of digital technologies and the increased global connectivity among anime fans, however, the existing ethics have become outdated and thus global distribution of anime is further detached from the industry's distribution businesses. This paper notes the importance of consumers' own norms and rules in shaping behaviour of copyright infringement. It raises further questions on the relationship between copyright law and consumer ethics.
Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1692160
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