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Import Dvds?




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SSJ4_Washu



Joined: 31 Dec 2002
Posts: 8
Location: Colorado
PostPosted: Fri Jan 24, 2003 7:41 pm Reply with quote
Im just curious are import DVD's illegal??? the website http://www.[This URL is a known Bootlegging website]/ sells imported dvd's and im just curious what are the law's regarding these things. I've heard that they are legal until liscensed in america. Could someone please tell me what it is.

Thnx
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garry
Former ANN Editor


Joined: 12 Jan 2002
Posts: 120
PostPosted: Fri Jan 24, 2003 8:24 pm Reply with quote
Import DVD's are legal, so long as they're by the Japanese company that released the anime. Most of the import "DVDs" you see for cheap are Hong Kong VCD bootlegs, though. Japanese DVD titles are pricey.
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cookie
Former ANN Editor in Chief


Joined: 02 Jan 2002
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PostPosted: Fri Jan 24, 2003 8:28 pm Reply with quote
SSJ4_Washu wrote:
Im just curious are import DVD's illegal??? the website http://www.[This URL is a known Bootlegging website]/ sells imported dvd's and im just curious what are the law's regarding these things. I've heard that they are legal until liscensed in america. Could someone please tell me what it is.

Thnx


Importing legitimate DVDs is legal.
Importing bootlegs, however, is not.

Bootlegs ... such as those on that site.

You can typically tell if a DVD is a bootleg or not by the following factors:
1) Chinese and English subtitles
2) Region-Free coding
3) Unbelievably cheap discs and/or sets

First, I don't know of any legit Japanese R2 release with Chinese subtitles. A few R2 releases have English subs (Saishuu Heiki Kanojo, FLCL, Animation Runner Kuromi-chan) but most do not have either.

Second,virtually all legitimate Japanese DVDs are region 2 encoded. The only one I'm aware of being region free is Animation Runner Kuromi-chan.. I'm sure there's others, but they're very, very rare. Much rarer than in the US (even here, region-free anime is fairly rare, but some releases are region-free)

Third, Japanese R2 DVDs are typically in the $35-$45 range PER DISC. We're quite spoiled in America with our "cheap" $25-30 anime. The cheapest JP DVDs I've seen are around 1800-2200 yen, almost always for a single episode only. Kodomo no Omocha is suprisingly cheap, at 3000 yen for 4 episodes.. but typically the average DVD cost is around 5000-6000 yen for 2-3.

Oh, and finally, and most simply put: [This URL is a known bootlegging website] is a known bootlegging site.

If you want Imported R2 DVDs, I suggest cdjapan.co.jp -- their prices (in yen) are the actual R2 DVD cost, the same as what you'd find on amazon.co.jp ('cept amazon's typically a little cheaper; they offer better discounts at times.. otoh, you have to be able to read Japanese to buy most things there, whereas cdjapan.co.jp is entirely in english)
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SSJ4_Washu



Joined: 31 Dec 2002
Posts: 8
Location: Colorado
PostPosted: Sat Jan 25, 2003 4:33 pm Reply with quote
Ok thanks alot for the information i think ill just wait for some of those series to come here first before i buy them.
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Abyss



Joined: 25 Jan 2003
Posts: 48
PostPosted: Sat Jan 25, 2003 11:40 pm Reply with quote
Correct me if I am wrong, but arnt import bootleg dvd's only illegal if the anime has been licenced in america?

I own one set of import dvd's and that is my Initial D set. I got these a few months ago before I found out that the series had been picked up to be released in the US and they were given to me.

Excellent series btw Very Happy
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Emerje



Joined: 10 Aug 2002
Posts: 7425
Location: Maine
PostPosted: Sun Jan 26, 2003 12:03 am Reply with quote
A bootleg is illegal no mater how you try to justify it. If they were legal they wouldn't call them bootlegs now would they? Why should some guy in taiwan with a CD burner and photocopier get paid for work that Bandai, Sunrise, Toei, or whoever did?

Emerje
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Abyss



Joined: 25 Jan 2003
Posts: 48
PostPosted: Sun Jan 26, 2003 1:14 am Reply with quote
Perhaps you missundestood, I am in no way shape of form trying to justify bootleg dvd's. I just thought I remember reading somewhere that if it was not licenced in America, then it was not illegal to own. I think it was actully in reference to fansubs, but im not sure.

Anyways, just wait for an american dvd release. The video and sound quality alone will make it worth the wait.
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cookie
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PostPosted: Sun Jan 26, 2003 2:34 am Reply with quote
Abyss wrote:
I just thought I remember reading somewhere that if it was not licenced in America, then it was not illegal to own. I think it was actully in reference to fansubs, but im not sure.


The rights to the US market for the anime are held by the Japanese companies, until they decide to sell them (or market it themselves).

When anime (or any product, for that matter) is created, the creator is granted (through multi-national laws, such as the Berne Convention) the right to distribute their product however they see fit.

If I made a new electronics product, I could choose to sell it in Japan. I could choose to sell it in Russia. I could choose to sell it in France. There's nothing preventing me from selling it anywhere in the world. The only issue is translation; not many people in Japan would want to play a game only in English. Not many people in Russia want to play a game only in English. Not many people in France want to play a game only in English.

The anime industry works much the same way. The producers of the anime have the right (by law) to sell their product in any country they want.. but unless it's translated, most of the people in the other countries won't want it.

Just because it isn't being sold in America currently does not mean that the Japanese company doesn't have the right to sell it. They could, in fact, turn around and sell their series the next day or week, entirely on their own. Of course, if it isn't translated into English (proper English) odds are it won't sell very well.

That's where the domestic companies come in -- they offer to buy the license for North American distribution. If they negotiate a contract with the company, then THEY legally hold the rights to the show, and can distribute it.

If the show isn't "licensed" (as we call it) then the Japanese creator still holds the license, and they can still distribute it in America, if they so choose. Odds are this won't happen, 'cause it's expensive and difficult to market to a foreign nation. R2 DVDs, for example, rarely have extras, and have fairly poor box artwork (it's suprisingly bad, particularly when considering how well a lot of LD covers look)

... but it's still illegal to distribute it. Ergo, it's illegal to upload, sell, or trade fansubs.
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Abyss



Joined: 25 Jan 2003
Posts: 48
PostPosted: Sun Jan 26, 2003 2:57 am Reply with quote
Hmmm.....

Thanks fer the info. I pretty much figured as much. Razz
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Tempest
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PostPosted: Sun Jan 26, 2003 3:54 pm Reply with quote
Abyss wrote:
Correct me if I am wrong, but arnt import bootleg dvd's only illegal if the anime has been licenced in america?


You are wrong.

As a signatories of the Berne Convention and members of the World Trade Organization, both Canada and the United States honor foreign copyrights belonging to other signatories of the Berne Convention and members of the WTO (There are other international treaties and conventions that protect copyright as well, but Berne adn WTO are the most important).

Japan is a signatory of the Berne convention and a member of the WTO, therefore Japanese copyrights are binding in North America. As a result, bootlegs of any Japanese material are illegal in North America, regardless of whether or not there is a North American copyright holder or licensor.

However, if there is nor North American licensor, there is less likely to be any complaint made about bootlegged materials. The FBI, RCMP and Customs Agents can always act on their own, but they are much more likely to act if pushed and prodded by an American company. Furthermore, any civil lawsuit is less likely without an interested North American party.

The only thing that is "acceptable" (by some) when tehre is no North American licensor, is fansubbing. Legally no different than bootlegging, Fansubs tend to be permitted by the industry and by fans because they are thought of as non-commercial fan activities and are often thought of as being good for the industry.

The current climate of fansubbing however is resulting in a change in the industry's perception of fansubbers. Many fansubbers do not adhere to the old rules (Have you seen a GiTS: SAC Fansub? Well, GiTS SAC was 'licensed' here before it was released in Japan, therefore SAC 'fansubs' do not meet the traditional fansub code of ethics) and many others question the point of fansubbing something that, even though it isn't licensed yet, will be licensed and released very soon.
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