Forum - View topic

How do you make Anime Music Videos (AMVs)?

Just out of curiousity, what's the current views on the legality of AMVs? We've had a few discussions about it locally, with the opinions ranging from 'within fair use' to 'violates copyright of both video and music'. I can see the fair use side if you're just doing it at home for fun, but either posting on a website, or showing to an audience at a con seems to me to tip it into the violation side of things.

Sam-I-Am wrote:

Just out of curiousity, what's the current views on the legality of AMVs?

Really, no one's yet to get too freaked out over it. I personally don't see the problem with them.

A few bands (Seether and Amy Lee's band) requested all AMVs with their music be removed from the site, but most groups don't seem to care.

JoshuaStChristopher wrote:

Sam-I-Am wrote: Just out of curiousity, what's the current views on the legality of AMVs? Really, no one's yet to get too freaked out over it. I personally don't see the problem with them. A few bands (Seether and Amy Lee's band) requested all AMVs with their music be removed from the site, but most groups don't seem to care.

The honest truth is that trading AMV's is illegal in the US and most of the developed world. Also, many content creators don't actually own the media they create and thus are not in a position to allow copyright infractions even if they wanted to. Thus, if the actual copyright holder ever became aware of their protected content being used creating and trading AMV's, they would be able to challenge it regardless of what the original creators had to say about it.

I appreciate alternative personal views, but the law is quite clear on subjects like this. Just because it's been allowed so far doesn't mean it's legal and it doesn't mean you'll be able to get away with it forever. There was a time not so long ago when people swore we'd never see consumers taken to court for trading music files. Now we know better. AMV's are just a hop, skip, and a jump away from pirated music tracks.

In US copyright enforcement cases, you can be fined up to $250,000 and receive 5 years in jail PER INFRACTION. Just because this hasn't yet become common place doesn't mean it's not just around the corner. Already the RIAA and MPAA are complaining that their current enforcement policy (targeting out-of-court settlements generally between $1,000 and $10,000) isn't working as hoped. Thus, they may eventually seek maximum damages in more and more cases.

If you disagree with these laws then by all means you are free to petition your elected leaders to change them. Just don't give people any false sense of security in the mean time.

ok im confused i too want to have a go at making a couple of these i made my own film trailers before for my film studies class but how do u get the footage from dvd onto ur windows movie player????

please let me know if u know yea

thanks

I suggest you read this CAREFULLY for getting footage from DVDs:

http://www.animemusicvideos.org/guides/avtech/videogetb.html

In US copyright enforcement cases, you can be fined up to $250,000 and receive 5 years in jail PER INFRACTION. Just because this hasn't yet become common place doesn't mean it's not just around the corner. Already the RIAA and MPAA are complaining that their current enforcement policy (targeting out-of-court settlements generally between $1,000 and $10,000) isn't working as hoped. Thus, they may eventually seek maximum damages in more and more cases.

Jail sentence is a possibility in the United States only if the following conditions are met:
1. The value of the copyright infringements exceed 1500 dollars within the last 180 days. Then the infringer can be prosecuted under criminal rather than civil law.

2. A public prosecutor thinks it's worthwhile to make a case out of it, and also demand a jail sentence.
3. A judge has to agree it's worthy of a trial.
4. The jury is convinced the offence was bad enough to warrant a jail sentence.
5. The judge pronounces a jail sentence, rather than use his discretionary powers to go for a lesser sentence.

If the public prosecutor doesn't bother prosecuting, then the RIAA and MPAA can still seek damages in a civil court. However, you don't go to jail for civil law offences. Additionally, the RIAA and MPAA possess relatively limited legal resources and just won't bother dragging small time offenders straight to court. The preferred method is a takedown notice, possibly also a demand for cash settlement. Only if the offender refuses to obey will they bother with going to court.

The possibility of harsher punishments is there but reality is that minor offenses rarely get punished to the full extent allowed by the law. The thought that somebody would have to pay huge fines or even go to jail for making AMVs borders on the ludicrous. I could understand if you dragged this up in a discussion about fansubbing but we are just talking AMVs here.

As I read it, criminal penalties are available for any infraction or series of infractions whose retail value (MSRP) exceeds $1,000 (as opposed to "$1,500") during any 180 day period (as opposed to the "last 180 days"). I also understand that the law may be revised to remove the prerequisites of willful intent, financial gain, and commercial advantage.

First of all your assessment of the RIAA and MPAA's legal resources doesn't appear to reflect reality. Relative to the defendant, the MPAA and RIAA typically have legal resources costing ten or even a hundred times what the average American can afford. If you think that limits their abilities or puts them in a position of weakness, I believe you're wrong.

Anecdotal evidence seems to suggest that most individuals simply pay-up when confronted by the MPAA or RIAA instead of taking the case to court.

Many people once said the same thing about individuals being asked to pay-up for illegal song downloads.

My position is that those days are slowly coming to an end. Mandatory fines, minimum jail times and one-strike-you're-out laws are the only foreseeable conclusion of the current trends in the American legal system.