FYI: How the Distribution of Subtitled, and Non-Subtitled Japanese Animation is Illegal 

All comments offset with * * are explanations made by me, the writer.  All other information comes from the works cited.

What is a copyright?

Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.

*Anime is classified as a movie, because it is a motion picture.*

What is copyright infringement?
As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.

*Derivative or something derived from something else.  This is exactly what fansubbers do.  They take a piece of work and add subtitles, karaoke, etc… to it.  This is still copyright infringement even though what they are releasing is not the original.*

International Copyright

There is no such thing as an “international copyright” that will automatically protect an author’s writings throughout the world. Protection against unauthorized use in a particular country basically depends on the national laws of that country.  *Japans International Agreements are listed in the next section.*

However, most countries offer protection to foreign works under certain conditions which have been greatly simplified by international copyright treaties and conventions. There are two principal international copyright conventions, the Berne Union for the Protection of Literary and Artistic Property (Berne Convention) and the Universal Copyright Convention (UCC).

The United States changed its law on March 1, 1989 to make the use of a copyright notice optional. U.S. law however, still provides certain advantages for use of a copyright notice; for example, the use of a copyright notice can defeat a defense of “innocent infringement.” *”I didn’t know it was copyrighted.”, For example.*

Japan’s International Copyright Agreements

Berne July 15, 1899 (Paris)2

·          Party to the Berne Convention for the Protection of Literary and Artistic Works as of the date given. Appearing within parentheses is the latest Act1 of the Convention to which the country is party. The effective date for the United States is March 1, 1989. The latest Act of the Convention, to which the United States is party, is the revision done at Paris on July 24, 1971.

UCC Geneva April 28, 1956

·          Party to the Universal Copyright Convention, Geneva, 1952, as of the date given. The effective date for the United States is September 16, 1955.

UCC Paris Oct. 21, 1977

·          Party to the Universal Copyright Convention as revised at Paris, 1971, as of the date given. The effective date for the United States is July 10, 1974.

Phonograms Oct. 14, 1978

·          Party to the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms, Geneva, 1971, as of the date given.  the effective date for the United States is March 10, 1974.

WTO Jan. 1, 1995

·          Member of the World Trade Organization (WTO), established pursuant to the Marrakesh Agreement of April 15, 1994, to implement the Uruguay Round Agreements. These Agreements affect, among other things, intangible property rights, including copyright and other intellectual property rights. The effective date of United States membership in the WTO is January 1, 1995.  A country’s membership in the WTO is effective as of the date indicated.

WCT March 6, 2002

·          Party to the World Intellectual Property Organization Copyright Treaty, Geneva, 1996, as of the date provided. The effective date for the United States is March 6, 2002, the date the treaty entered into force.

WPPT Oct. 9, 2002

·          Party to the World Intellectual Property Organization Performances and Phonograms Treaty, Geneva, 1996, as of the date provided.  The effective date for the United States if may 20, 2002, the date the treaty entered into force.

*So basically if the US really wanted to take out fansubbers they could at any time.  As it is completely illegal.*

Work Cited

U.S. Copyright Office – Copyright Basics (Circular 1). Dec. 2000.

                   U.S. Copyright Office.  10Jan. 2003.

                   <http://www.copyright.gov/circs/circ1.html>

U.S. Copyright Office – International Copyright. Jun. 1999.

                   U.S. Copyright Office. 10Jan. 2003.

                   < http://www.copyright.gov/fls/fl100.html>

Paper researched and written by Patrician