Law Journal Supports Fansub!

August 1, 2008 by Firedauz

What a wonderful day to wake up and read an academic article that supports fansubs This particular essay in the June 2008 issue of the Boston University Law Review journal has come out in support of some cases of distribution of fansub (fan-subtitle) versions of anime licensed for commercial release in America. “Lost in Translation: Anime, Moral Rights, and Market Failure,” written by law school student Joshua Daniels, argues that heavy editing of Japanese anime series for American release, as was the case with 4Kids Entertainment’s handling of One Piece, is a violation of the moral rights of its creators. The legal concept of moral rights holds, essentially, that the creator of a work of art or media has a right to present it to the public without alterations. Daniels also makes the case the anime fans specifically and the public in general have an interest in access to entertainment and art in its original, unedited form.

The content of the essay also notes that in some cases, heavily edited versions of anime series are the only ones that are available in the American market. However, these versions have frequently been failures from a commercial point of view. To address this apparent market failure, our man Daniels proposes a new rule that would be included in the American laws on copyright. Under the rule, if only an edited version of a foreign film or television program is available commercially in the United States, any individual or group would be allowed to create and distribute versions, such as fansubs, that are unedited. While unlikely to be implemented, the hypothetical rule could either be used by judges, or actually incorporated into the Copyright Act. Well, here’s me raising my cup of win if it DOES get implemented one of these days, not just for the USA, but also worldwide!

Have a read at his law journal here! (PDF version)

Posted in Anime News, General