Legal Question in Intellectual Property in Massachusetts
Copyright Related
Greetings,
I know of a particular group that has been subbing a Japanese cartoon series called Naruto that comes from Japan. They've been doing completely for free, no donations, no ads, completely out of their own pocket. They've recently had to stop subbing this particular series because certain people have been uploading it to sites such as youtube. They've stopped simply because they fear legal action may be taken against them at one point if they continue since its copyrighted material they are subbing. Is there any way for them to continue subbing the series without fear of legal action?
2 Answers from Attorneys
Re: Copyright Related
Sure. They can license the material from the original copyright holder for the purpose of subtitling and distribution in the US. This will of course cost them something which means they would have to obtain revenue from distribution of the licensed materials to pay the licensing fees. However, this license would be of mutual benefit to the copyright holder (distribution of the work in a new market) and the licensor (anime is big right now; profit potential is good).
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Re: Copyright Related
They can negotiate with the copyright owner for some mutually agreeable arrangement, whether licensing rights or some agreement to act as a distributor of the protected work. Perhaps the copyright owner wants its material distributed in the US, and might be open to discussing something agreeable. Sometimes distribution deals can be struck for small or no payments of money.
But if the work is truly copyright protected, and the copyright owner has not agreed to the use of its work, the user risks both civil and criminal liability for infringement under the Copyright Act. Each independentact of infringement is a separate violation of the Act, each of which is both civilly and potentially criminally punishable.
Contact me to discuss possible negotiation/licensing/bartering options.