New Japan copywrite laws seems to indicate that even licensed fansubbed anime from Japan aint illegal. (Performance, etc. not for profit-making) Article 38. (1) It shall be permissible to publicly perform, present and recite a work already made public, for non-profit-making purposes and without charging any fees ("fees" includes any kind of charge to be imposed on the offering and the making available of a work to the public; the same shall apply hereinafter in this Article) to audience or spectators*2 ; provided, however, that the performers or reciters concerned are not paid any remuneration for such performance, presentation or recitation. (2) It shall be permissible to diffuse by wire a work already broadcast, for non-profit-making purposes and without charging any fees to audience or spectators. (3) It shall be permissible to communicate publicly, by means of a receiving apparatus, a work already broadcast or diffused by wire, for non-profit-making purposes and without charging any fees to audience or spectators. The same shall apply to such public communication made by means of a receiving apparatus of a kind commonly used in private homes. (4) It shall be permissible to offer to the public a work (except a cinematographic work) already made public, by lending copies of the work (excluding copies of a cinematographic work in the case of a work reproduced in the cinematographic work) for non-profit-making purposes and without charging any fees to borrowers of such copies. (5) For audiovisual education establishments and other establishments not for profit-making, designated by Cabinet Order, having the purposes, among others, to offer cinematographic films and other audiovisual materials for the use by the public, it shall be permissible to distribute a cinematographic work already made public, by lending copies of the work, without charging any fees to borrowers of such copies.In this case, a person who makes such distribution shall pay a reasonable amount of compensation to the owner of the right mentioned in Article 26 (including the owner of the same right as that mentioned in Article 26 in accordance with the provision of Article 28) with respect to such a cinematographic work or a work reproduced in that cinematographic work. *2 In Article 38, paragraph (1), "without charging any fees ("fees" includes any kind of charge to be imposed on the offering and the making available of a work to the public; the same shall apply hereinafter in this Article) to audience or spectators" includes the case where, without charging any fees to audience or spectators, a work is exploited for teaching or research activities in such a school as established by a school establishing company mentioned in Article 12, paragraph (2) of the Law for Special Districts for Structural Reform (Law No.189, of 2002).
^ but according to this even licensed ain't illegal as long as you watch the version that was shown on Japanese tv and NOT an American dvd rip etc.
This is amazing news that means more anime for us to download while its legal and US can't sue the fansubbers
this is totally awesome~ no worries about the american companies suin ppl for distributin fansub anime~ then many subbers can finally finish subbin a series that isnt finish~
yeah but even if fansubbing was illegal, does anyone even care. Like there are tons of animes which are licensed that people sub anyway. And people still download it =)
Actually, fansub groups can get in big trouble if they continue producing a series after its been licensed. (either they stop or go underground, i.e. IRC) There's usually a good period of time between when it's aired in Japan and when it's liscened by north american companies, so generally they can get all the subs done. If you have noticed, a lot of subbed files state 'Please cease distribution after licensing.' And when it does become licensed, the fansub group removes the torrent download off their own website, but that doesn't stop it since it usually circulates elsewhere and plenty of seeds are present for distro.
anime should not be illegal. Stupid American companies have to stop licensing good anime and turning them into crap with crappy translations.
but seriously. no one actually cares (the downloaders) that they're legal or not. Everyone just finds a forum or fan site where they download licensed or non licensed anime..or atleast find a way around this and watch on a blog or somethingg.. Technically, it's "sharing" >_> hmm i dont agree with anime not being illegal. They ARE artists' piece of work, they reserve the right to have their anime distributed or do whatever they want with it. It's just too bad for the viewers. Everyone should be buying anime not that i want to buy anime or anything, it's just like downloading licensed music/movies/tv shows or free music/movies/tv shows.
