forced to take down some AMVs

[Ad box removed; this image serves to flag pages that need to be updated in my log file.], the premier site for fan-created anime music videos (AMVs), has been forced to remove all links to videos featuring the music of Evenescence, Creed, and Seether.  Here's their initial announcement and followup.

The site admin says he thinks they got off lucky, and I'm inclined to agree.  However, I don't agree with his statement that the lawyers were only doing the minimum necessary to protect their clients' copyrights, because copyrights are NOT like trademarks and do NOT have a "you must defend" condition.  They would have been perfectly able to turn a blind eye to the AMVs without losing the right to attack other copyright infringements in the future, so "Oh, they were being nice to us" does not ring true.  At best it can be said "Oh, they weren't being as evil as the law would permit".

The admin also says "Please do not write to the record label, band, or anyone else in the music industry about AMVs for any reason.  Thank you." and considering the number of users he has, the visibility of his project, and the proven corporate personality of the RIAA, well...  good luck, buddy.  He's depending on classic "security through obscurity", hoping that he can continue to operate as long as the RIAA doesn't realise what his site actually is, and although of course I hope his site will continue to operate as long as possible, I think it's only a matter of time before Really Bad Things happen.  As I've said before, I believe the fanfic community operates in a similar status with respect to the child pornography laws, and that one's going to be really ugly when it inevitably goes pear-shaped.

Previous Lebwog coverage of the AMV scene:  an individual creator claimed to have been threatened back in January, and Lawrence Lessig used AMVs as an example of the good things that come from having a vibrant creative commons.  Also of interest:  AMVWiki.

[Ad box removed; this image serves to flag pages that need to be updated in my log file.]


setsuna from at Thu, 12 Jan 2006 20:43:15 +0000:
hi, i'm a noob (not the one who got AMV in trouble!) and i cant seem to acces the site. does any of the stuff you are talking about? i would also like to learn more about the situation...

setsuna from at Thu, 12 Jan 2006 20:44:31 +0000:
sorry *does any of this have to do with the disappearnce of the site or is it justteporaraly down?

Matthew Skala from at Thu, 12 Jan 2006 21:24:50 +0000:
No idea. The site seems to be up at the moment. I don't visit it very often myself and couldn't say if it's been down recently.

hige tokaiga from at Tue, 11 Apr 2006 21:42:02 +0000:
hi, it seem that i cant enter the site, is this because of the situation? i hope it continues to operate normally soon.

Matthew Skala from at Tue, 11 Apr 2006 21:51:21 +0000:
The site looks to be up and running at the moment. Please note that the takedown described in this article is of specific videos, not the entire site, and it's from November, 2005. Any subsequent trouble you might have with the site is NOT from the events described on this page.

Max from at Sun, 26 Apr 2009 22:35:03 +0000:
I wonder if the Lawyer even brought this matter up with the band to see what legal action they would perfer to take. Cause this isnt a major case nor is it minor stratch. This is a fan site, where everything is completly FAN MADE. The people who made these amv's pay for the CD,for the DVD and for the programs which the made the AMV. In my opinion if this had been brought up to the band by the lawyer(s) that this would had happened, cause I dont think that the band themselves would give a shit.

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