What's legal (and what's not)?

[Sanji07]

AMVs. Uploading copyrighted manga/anime pics (or just saving them). Parodies. Icons. I have so many questions about these topics and others with one question burning in my brain: Are these legal? Making/using icons and avatars with anime images. Legal? Downloading free music. Legal? There was already one thread I made asking about AMVs being legal, but there are so many other things out there that I wonder about, so that's how this thread came to be. I'm sorry if this is in the wrong section, but I didn't know where else to put it. Thank you for reading this. ^_^

[Danderson]

I think ultimatly, from what I was told by someone who I am interning with (who does commercials; meaning he knows about copyright and such), said that as long as u aren't distributing it to bunches of people and making a profit off of it, then the likelyhood of them suing u is very very low....

But ultimatly it depends on the holder of the copyright, as some can be pretty loose about it while others hunt down everyone who doesn't pay for it.....
So, ultimatly if it goes against ur conscience and moral compass then u should stick with those.....

[uc pseudonym]

The quickest (though not always accurate) answer is "No, it's not legal." You do not technically have the right to use images or music that you did not personally create, have permission to use, or are public domain. There is an exception for parody, but you can't simply claim anything is parody in order to exploit a loophole.

So basically all AMVs are illegal and so are all three of the avatars posted so far. As has been mentioned, no one is going to sue you about this and companies basically don't care about minor usage of their properties. One good example is Fanfiction.net, which is completely illegal: the only negative consequences are a few authors who requested that their stories not be used (and those sections were then closed).

When it comes to music, what do you mean when you say "free"? If someone who owns the music distributes it without requiring payment, there's nothing wrong with that. It's the difference between a box marked "free" and getting things for "free" when you shoplift.

[quote="Danderson"]I think ultimatly, from what I was told by someone who I am interning with (who does commercials]
Ultimately.

[minakichan]

If a boy draws Naruto in his math notebook, then takes a shoddy picture with his cell phone camera and uploads it onto his poorly-designed MySpace page, he is a devious ebil lawbreaker.

This means all yaoi fanfiction are illegal! Yaaay.

I personally refuse to follow the law when it comes to things like that, and I feel no conscience pangs for breaking the law. ._. It's silly, I say! But I am not a good example of an upstanding moral citizen.

[Etoh*the*Greato]

If a boy draws Naruto in his math notebook, then takes a shoddy picture with his cell phone camera and uploads it onto his poorly-designed MySpace page, he is a devious ebil lawbreaker.

This means all yaoi fanfiction are illegal! Yaaay.

I personally refuse to follow the law when it comes to things like that, and I feel no conscience pangs for breaking the law. ._. It's silly, I say! But I am not a good example of an upstanding moral citizen.

There have been companies and voice actors in the recent past that have stood up and said, "fan art is ebil stop it right now! >:(" Most people generally accepted them to be killjoys and kept drawing.

[Momo-P]

If a boy draws Naruto in his math notebook, then takes a shoddy picture with his cell phone camera and uploads it onto his poorly-designed MySpace page, he is a devious ebil lawbreaker.

Though all that said, fanart and fiction usually don't attract problems.

Most American studios make their cartoons for kids (so they totally KNOW kids are drawing them--unless you really believe Nick is going after 13-year-old Spongebob fans on the computer) and Japan? Well...it IS the country of Comiket. Doujinshi is "technically" illegal, but all the studios pretty much approve. They view the art as free advertising and sometimes people even become pro artists because of their work in fan stuffs. The only time I've ever heard them complain is in the rare instances that their property is being represented in a negative light or in the even more rare instances that they just forbid people from touching it.

In fact its kind of sad. I believe Bebop is among the list of banned titles--like you can't make ANYTHING of it at all. Not even if it's clean. However, almost every children's cartoon in the world? Oh ho baby, go make all the hentai you ever want! Only Jesus Christ could understand the logic these people hold. ._.;

The only time you really have to worry is when dealing with professional authors. I honestly think they're the only people I've ever heard who get angry when people "destroy their works".

[LiquidOcelot]

"Doujinshi is "technically" illegal, but all the studios pretty much approve. They view the art as free advertising and sometimes people even become pro artists because of their work in fan stuffs."

That's true! Often, doujinshi does help as "free" advertising. Because, it may get more people interested in buying their anime, manga and even video games.

Sometimes, the actual artists of anime or manga themselves do doujinshi don't they? I mean I think there's been some parodies or SD work of popular anime, manga and video games done by actual professional artists. I seem to remember one recently featuring Soul Calibur. Not totally sure if it was done by a pro artist. But, it was quite humorous and very well drawn. But, also it helps promote Soul Calibur IV which is coming out like soon! hehe

And as you said. Some really high quality stuff have been done by non-pros who then can get the studio interested in their artistic ability. It's another way for an artist to get noticed.

Also, I think some of the anime, manga, video game and even character tributes done on You Tube are very wonderful. It's amazing how much time and care was put into quite a few of them. From choosing the best song and matching the scenes well to the music. It's a way for the people to express their appreciation and love for their favourites. It's also a good talent to have for sure.

[Sanji07]

Sooo I've been breaking the law for the past 3 years without knowing it? That's scary. ._.;; If all this is illegal then why doesn't any of the pros like YouTube or Funimation lay down the facts (in terms we understand)? Sure there's a page on copyrights on YouTube, but I keep giving up on trying to understand it. Seriously, this is...disturbing. I personally think fanfics and such should be fine, but if it's illegal, then I'll quit posting mine. If Christ wouldn't do it, then I won't do it either. =\ What if you make fanfics/art/etc. and just keep it to yourself?

Oh, another question-if a video has copyrights, does that mean it's legal? My friend says yes, but I'm not sure. =\ (why do I even bother lol)

[Sanji07]

Sorry I didn't mean to double-post. Oh, another question-if a video has copyrights, does that mean it's legal? My friend says yes, but I'm not sure. =\ (why do I even bother lol)

[AsianBlossom]

Well, I wrote a letter to the main editor at DC Comics, asking if I could write Teen Titans fanfiction, and he responded via letter. He said that while he couldn't authorize it, DC generally does not pursue and attack those doing genuine fan efforts. He also told me to be mindful it couldn't be used commercially and should be done at my own risk. That means you shouldn't use it to make money (and shouldn't make money off it at all) and anything that happens to you is your responsibility.

Generally, if a company sees you posting stuff they don't like, they'll ask you to take it down with a "Cease and Desist" letter/e-mail/something. That's when you know it's time to take it down. If you don't, then they can come after you. So I say it's best to comply with the company's wishes if they don't like what you're doing.

As for avatars, I don't think you have to worry about those too much. If they tried to go after everyone who used a copyrighted image as an avatar, they'd never be done in court. 'Sides, it's just not worth it to them.

But follow your conscience on this; if it bothers you having it up, then take it down.

[Sanji07]

Thanks, this is starting to make more sense. ^_^ Should I get permission from the company to use avatars/make fanficiton/etc. or would that just be wasting mine and their time?

[Mr. SmartyPants]

Just make them. They won't care.

[AsianBlossom]

And like I said, if they don't like it, then you take it down. Simple as that.

You're not making money off it after all.

[ChristianKitsune]

I once used "PopEye" (or a drawing I did of him, that wasn't traced) in a Editorial Cartoon of mine for my College Newspaper in 2006 when we had the Scary Spinach ecoli thing.

I emailed King Features Syndicate to ask I could use it for my nonprofit college newspaper, and at first they wanted me to pay 75 dollars to use it. But my Advisor was like "We're not making Tshirts or anything, it's just a little picture in an editorial cartoon, we don't make money off our paper!"

And they were like "Oh, well that's okay....just fill out this form and you can use it!"

And I did! ^_^ And I used it. So... I guess if it's not for profit it's okay... they won't come after you and stuff. As long as you aren't selling them. Dont worry about it.

[uc pseudonym]

Thanks, this is starting to make more sense. ^_^ Should I get permission from the company to use avatars/make fanficiton/etc. or would that just be wasting mine and their time?

Probably wasting time. They can't give you permission to do this kind of thing without making them legally liable, but they also probably don't care, which means they'll be forced to give you an intentionally ambiguous response like they gave AsianBlossom.