Ask John: Are Fan Created Anime Music Videos Legal?

Question:
I enjoy fan created music videos that use licensed film and music, and have made some myself. I was just wondering about the legality of these videos. As all the ones I have seen make no profit and are along the lines of parody or simply generate free advertising, are these fan generated bits legal?

Answer:
I’m neither a lawyer nor a legal expert, so please don’t assume that my answer is authoritative or even accurate. I can only answer based on speculation, so I’d recommend more research if you need a definitive answer. The legality of fan created music videos may vary on a case-by-case basis. Some videos may be outright illegal while others may be allowed by “fair use” laws depending upon the specific, individual characteristics of the video.

Any music video that utilizes a full length copyrighted song without the formal consent of the song’s copyright owner is a violation of copyright law. For example, in November 2005 roughly 2000 fan created anime music videos were removed from the AnimeMusicVideos.org website because the videos illegally used copyrighted American pop music. Publicly distributing or sharing any copyrighted material, such as music, in any form, without express written permission from the copyright owner is a violation of international law. A fan created anime music video must use original music or recieve official permission to use licensed music in order to be legal.

The use of anime imagery in music videos is a bit more complex. International copyright prohibits the unauthorized public distribution of copyrighted work in part or in whole. That exact message is included in the FBI warning of every anime DVD that we all buy and never read. However, section 107 of the US copyright law does include a provision for “fair use.” Limited reproduction is allowed without consent of the legal owner for purposes including, “criticism, comment, news reporting, teaching, scholarship, and research.” Whether an unauthorized use, such as a music video, constitutes “fair use” is determined by the purpose of the video, the nature of the source material, the amount of the copyrighted material used, and the effect that the video has upon the value of the source material. The act of parody also falls under the fair use clause. Someone lifting samples from a copyrighted work without permission, for the purpose of creating a new work that makes an enlightening or satirical observation on the original work may be legally classified as “parody” and therefore be a valid, legal example of “fair use.” Since the definition of fair use is ambiguous and dependant upon specific circumstances, it’s very possible that one anime music video may be an example of valid “fair use” while another is an example of illegal copyright infringement. Since the copyright fair use clause is ambiguous, it’s impossible to make a blanket statement about the legality of all fan created anime music videos.