Law on fansubbing of anime and copyright issues

Of Otaku and Fansubs: A Critical Look at Anime Online in Light of Current Issues in Copyright Law

Jordan S. Hatcher
opencontentlawyer.com

Script-ed, Vol. 2, No. 4, 2005

Abstract:
The advent of digital technology and increased global connectivity has, to put it mildly, caused some ripples for the entertainment industry specifically and copyright law generally. In the aftermath, many are searching for new ways to incorporate the benefits of digital copies and the internet while minimizing the harms. To some, the anime industry and its fans offer examples of how an industry can benefit and even grow from allowing copyright infringement. This article examines the anime industry in-depth with this suggestion in mind and places the industry among current copyright policy debates, such as those suggested by Lawrence Lessig.

Downloadable Article

Quite up to date and erudite discussion from law's point of view on fansubbing, especially with Berne Convention definition of copyright. USA and Japan are signatories of the Treaty hence technically fansubbers were in direct violation of the said treaty.

However some people might argue the treaty was outdated and needs to be revised to reflect grey area between legitimacy and illegal in copyright issues posed by fansubbers potentially.