Fansub web?


#1

Im running a Fansub, we’re fansubbing Anime Series not licensed in our country (and stopping doing it once the anime is licensed), we have on intention on running a BT Tracker on DreamHost, but, can we post our .torrent ?

No tracker in DH, only torrents of our releases, and NO licensed animes.

Is this OK?


#2

You’re welcome to host any files you want for download, .torrent included. It’s just the torrent software DH doesn’t want running on the servers becuase of the high resource usage.

I should clarify the above, you can host any files you have the rights to and is legal. You must hold the copyright or have permission from the author… But you can let people download the .torrent files from your account, that’s fine.

–Matttail
art.googlies.net - personal website


#3

As long it’s legal, and you are hosting oliny files.torrent DH is OK.

The tracker can’t be on dreamhost however.

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#4

[quote]Im running a Fansub, we’re fansubbing Anime Series not licensed
in our country (and stopping doing it once the anime is licensed)

[/quote]

This is probably copyright infringement, which wouldn’t be allowed at all. Most fansubs involve distributing someone else’s work without their direct permission, and the material being distributed is so close to the original that Fair Use wouldn’t apply.

We see this a lot: Many fansubbers are under the impression that it’s okay to distribute their works as long as the original work has not been licensed for distribution in the US. Unfortunately, this is not correct - something need not be licensed for US distribution for it to be protected under copyright law (as Japan is a signatory to the Berne Convention, those copyrights are already enforceable here).

If you think about it, it makes sense: Why would someone even bother to obtain a distribution license if it were already legal to distribute such content?

Also, it’s worth considering that even if it’s not being officially distributed here, there is some chance for harm to the copyright holder as if the fansub becomes widespread enough that could hurt the feasibility of a US distribution (some would argue that it actually helps - which may be the case, but it’s up to the copyright holder and not you or I to decide that).

The correct thing to do is contact the copyright holder directly and get permission to distribute the works. If you can’t get permission, you should assume it’s not allowed.

  • Jeff @ DreamHost
  • DH Discussion Forum Admin

#5

[quote]This is probably copyright infringement, which wouldn’t be allowed
at all. Most fansubs involve distributing someone else’s work
without their direct permission, and the material being distributed
is so close to the original that Fair Use wouldn’t apply.

[/quote]

Oh, and this isn’t to say that there isn’t such thing as a legitimate Fan Sub - we have seen some that do obtain permission first. However, 9 times out of 10 when we ask if they have the answer is no.

  • Jeff @ DreamHost
  • DH Discussion Forum Admin

#6

Posting .torrent files isn’t illegal, no matter what the torrent is for. The files only contain data to bring you to the tracker, you aren’t posting the media itself on the web. Obviously people have their own views about the legality of it but I’ve been among the fansub community for a very long time and most times the company who holds the license to a series will contact you (so yes you should post your real e-mail address somewhere on the site) and ask you to remove it if they feel you are infringing on their rights. Those more reputable fansub groups will usually comply with their request. Were I you, I would post the torrents for download (since you will obviously be using a tracker that is elsewhere) and if you get such a request, you do as they ask. There shouldn’t be a problem. I am one of those who feel that fansubs will increase the likelyhood of a series being brought to the states. I personally won’t buy a series unless I’ve seen at least some of it beforehand. No one likes to buy anime and end up hating the series but you’ve spent a few hundred for all of it and it was too late (that happened to me with evangelion…the first two or three dvds were good, the rest of the series was crap on a stick…but I already bought all of the dvds).

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