Okay with that out of the way.
Generally, copyright ownership belongs to the author of a work unless it is transferred by contract to another person or organization. The main copyright legislation is the Copyright Act of 1976. It protects literary, musical, dramatic, choreographic, pictorial, sculptural, and architecture works. It also protects motion pictures and sound recordings (17 U.S.C Section 102[a]). It doesn’t mention anything about electronic resources. However, a clause in Section 102 is used to protect these works. According to the Act, as soon as an idea is in fixed form ( in other words, created) it is copyrighted by the author. They don’t have to do anything to get a copyright. The creator may use a copyright notice (© Blah blah someone) without needing to contact the US Copyright Office (Rubin, 2010 p. 334).
Copyright Owners have certain Exclusive Rights (17 U.S.C. Section 106):
- Reproduce the copyrighted work.
- Prepare derivative works based on the copyrighted work.
- Distribute copies to the public by sale or other transfer of ownership, rental, lease, or lending.
- Perform publicly.
- Display publicly.
Normally, you retain the copyright from the date the work is created up to 70 years after you die.
So what does all this mean?
That means all the images, videos, and other works from anime we use are copyrighted regardless of where we find them online. Don’t panic yet! You are not liable quite yet for using these copyrighted materials. It also means you own the copyright to your blog’s content…although not all of it! Hang on, I will explain in a bit.
Fair Use
- The purpose and character of the use, including whether such use is for commercial or for nonprofit educational purposes.
- The nature of the copyrighted work.
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
- The effect of the use upon the potential market for, or value of, the copyrighted work.
Commercial use of the work may be permissible if the work is satire, a review of the material, informational, or a critique depending on the above criteria. Criteria #3 basically means the copyrighted work cannot make up a large portion of the content.
So what does all this mean?
It means using clips of anime and images from manga/anime is generally allowed if your blog is nonprofit (like most of our community) and for review, satirical, educational, or a critique. Yeah, you don’t have to worry as much about the Feds knocking down your door.
Hold on though! This also means we have to be cautious about posting fan art and other works. While the characters may be copyrighted by a company, the artwork derived from them belong to the author. Unless it falls under the Fair Use criteria, a lawsuit is possible. I make it a point not to post artwork that isn’t released as a Creative Commons or open copyright wallpaper for this reason.
So, you do not own the copyright to the images you use in your posts unless you create them yourself. But, it is okay to use them under fair use. The text you write belongs to you.
Speaking of Creative Commons, here is a brief explanation of the options available.
- Attribution: Others can copy, distribute, display, and perform the copyrighted work and derivative works based upon it- but only if they give credit as stipulated by the author.
- Share Alike: Others can distribute derivative works only under a license identical to the license that governs the creator’s work as long as they creator is credited.
- Noncommercial: Others can copy, distribute, display, and perform the original work – and derivative works based upon it- but for noncommercial purposes only. The creator must be credited.
- No Derivative Works: Others can copy, distribute, display, and perform only verbatim copies of the original work, not derivative works based upon it. The creator must be credited.
Putting it all Together.
It is best to attribute images to the copyright holders. Although, you will notice here on JP, we don’t attribute images very often. It is poor practice, that much I admit. It is often difficult to find the original creator of an image with the way images are shared online. This doesn’t mean that we shouldn’t make the effort if the image is an original artistic work. Images that belong to companies are easier to attribute.
It is good practice to cite your sources and link to them in a reference section at the end of the blog post. Of course, not all opinion posts like reviews need references. Here at JP, we tend to simply link to our sources in the text or do formal APA style citations when needed. These are useful for those few who want to read more on their own.
Now this article only deals with United States Copyright Law. Other countries have their own laws. Many are fairly similar to what I discuss here.
Hopefully this demystifies some of the confusion surrounding copyrights. I tried to cut out all the complexities and get down to the bones of the law. For most of us, we are protected by fair use and write about anime/manga because we enjoy them. For those few of us who want to earn a “happy buck,” copyright becomes a little more tangled.
I recommend you look at the copyright laws of your country if you want to commercialize your blog and be sure to attribute all images and references.
References
Rubin, R. (2010). Foundations of Library and Information Science. New York: Neal-Schuman Publishers.
US Copyright Office (2011). US Copyright Law. Retrieved from http://www.copyright.gov/title17/
Creative Commons (n.d.). About the Licenses. Retrieved from http://creativecommons.org/licenses/
Halo! Mohon untuk bertanya sesuatu, Memakai gambar atau Fanart lalu di posting di beberapa media sosial termasuk fb atau tiktok itu ilegal kan? Dari penjelasan chris, ada kreator yang tidak mempermasalakan ketika art nya di pakai atau di posting lalu ada juga kreator yang memerlukan izin untuk memakai karyanya. Disini saya ambil konsep dari Kreator yang perlu izin untuk memakainya, Ini di anggap ilegal kan? Karena dia memakai tanpa izin kreator. Lalu bagaimama jika penerapannya lewat foto profil, apakah ini juga termasuk ilegal?
If you don’t own the copyright, it is illegal to use the content without permission for any purpose, even for social media posts or avatar profile images. I have read of a few artists who have sued over such violations. Their original artwork, rather than fanart, were used without their permission. To be safe, it’s best to contact artists and ask for permission before sharing their artwork, whether that art is fanart or original. You can handle this by having artists submit their own work to you, stipulating how you will use it: tiktok videos etc.
Hi Chris, thank you for sharing. May I ask these question pls.
1. Is drawing fanart in image format and posted online(Fb, insta and deviantart) legal? I saw many popular artist are doing this like Artgerm and Sakimichian.
2. Is making a video where I am drawing Tutorial about fanart and posted on youtube as video(non monetized) okay? If yes, what will happen if I monetize the video is it still okay?
3. What about a client commissioned an artist to draw naruto? One article i read said this was gray area.
4. If an artist draw based from a copyrighted characters but only use 10-20% from that character and 80% original. Lets say only use the hair or clothes and the rest of the drawing is original. Does this belong to fairuse or still violates the copyright?
5. I have read in one article online which said that anime authors don’t sue their fans for drawing fanart, doing cosplay and selling fanart merchandise at comicon because if they did they will make bad impression to their fans. What is your thoughts about this?
Thank you so much for taking time to read and answer my questions. More power to you.
Let me start with the usual caveat, I’m not a copyright lawyer. My understanding can be wrong.
1. Is drawing fanart in image format and posted online(Fb, insta and deviantart) legal? I saw many popular artist are doing this like Artgerm and Sakimichian.
Yes and no. It depends on the copyright holder. Some copyright owners are cool with it. Others are not. I’m not aware of major manga publishers going after fan artists. Some online artists, however, have. This may change as AI art grows. Already how the models ingest art has caused some court cases.
2. Is making a video where I am drawing Tutorial about fanart and posted on youtube as video(non monetized) okay? If yes, what will happen if I monetize the video is it still okay?
In this case, the process of drawing is your content, not the fanart itself.
3. What about a client commissioned an artist to draw naruto? One article i read said this was gray area.
This comes down to the copyright holder’s view. You are selling a character design you don’t own, even though it is your own rendition of it. From what I understand of copyright, this is illegal. But if the copyright holder allows it, than it is fine. Some publishers will have on their websites statements that either allow or forbide this. As copyright holders, they can change their mind at any time.
4. If an artist draw based from a copyrighted characters but only use 10-20% from that character and 80% original. Lets say only use the hair or clothes and the rest of the drawing is original. Does this belong to fairuse or still violates the copyright?
That should be fine. Artists have copied each other across history. That’s how we learn and express admiration.
5. I have read in one article online which said that anime authors don’t sue their fans for drawing fanart, doing cosplay and selling fanart merchandise at comicon because if they did they will make bad impression to their fans. What is your thoughts about this?
I don’t know of any cases of a manga author or publisher going after fan artists or cosplayers. I agree that to optics of doing so would be terrible. In fact, some publishers encourage doujinshi and other fan publications. It’s free advertising and strengthens the company-customer relationship. Publishers, after all, have people who are passionate about art, manga, and anime. They want to see people share their passion.
Hi Chris,
Would like to know what you think on this.
Basically I just want to use a screenshot of a character from an anime as my discord profile picture.
The link where the screenshot is found is as follows:
https://rabujoi.wordpress.com/tag/artoria-pendragon/
It is basically the first screenshot of that page just under the title.
I have trackdown the email and send request to both Type-Moon (company founded by the original creator of the character) and Ufotable (studio that animate the particular screenshot that I intend to use as my profile picture) asking for permission to do so a little over a day ago but until now there is no response.
I am also happy to give credit and sources of this image say in my discord profile note section.
So I guess if there is no reply from them ever I have to go with the “guilty until proven innocent” approach? Meaning I can’t use it until they reply yes, or in the case there is no reply from them ever, I just have to give up?
Also another thing is the regulations and clauses that you mention (4 factors for fair use) is laws from the US. I did some search online in Japan there is no such thing as fair use as far as copyright laws are concerned and since anime originated from Japan that fair use law from US can’t be taken into consideration right?
Best regard,
Edmond
Hello, Edmond. I’m not aware of a company claiming copyright against a discord profile picture. Kudos for going the extra mile to ask the company for permission! It might take them a few weeks to get back to you.You will have to make a judgment call on the use of the image if you don’t receive a reply. If the company wanted to do a copyright claim, you would have to remove the image. Few people give much thought to copyright.
I don’t know how the international handling of copyright works. It makes sense that the country of origin–where the copyright is claimed–would be the regulations that are followed for that content.
Hi Chris,
Thank you for your reply!
In this case may I ask for a small favor from you?
The following is the link to Type Moon website. Granted it is in Japanese but you can actually translate it into English with Google help.
If you navigate to the bottom of the page you will see one tab named copyright. Go into that and the first point of the new page will be something about images and videos.
Do the first sentence of that point regarding images and videos (about copying and importing) apply to my scenario of using it as my discord profile picture or any other social media platforms for that matter? If it is then I cannot use them until they give me the green light in black and white but it has been more than 48 hours since my email so I kind of lost hope already.
I would have screenshot it to you but no attachment can be done here in the comment section.
Cheers!
Edmond
Well, 48 hours isn’t a lot of time. I would give them at least a week to respond.
Based on what I read on their copyright page, you should draw the image. As long as you don’t trace it, you will have nothing to worry about. It’s interesting how they leave a lot of space for Doujinshi.
Hi! I’m wondering if posting for example pictures of an anime character or clips of an anime or manga on tiktok or Instagram for example is legal? I have an Instagram page where I post regular photos of myself and other personal stuff but I also post anime pics or characters occasionally, I’m asking a general question and it’s non profit also
If you don’t own the copyright or have permission to distribute a work, you violate copyright. That said, I haven’t heard of any anime or manga company taking someone to court for their social media sharing.
I have a question, I will start an anime review blog and I want to put screenshots and make money for my review blog. What should I do?
Does putting a citation like “Photo by [animation studio]” or “Image by [animation studio]” safe?
I saw some website did a citation like this but others don’t.
I want to put a minimum of 5-10 pictures in a review blog post and put more written content on it.
It is safe if I did this?
Citations don’t protect against copyright lawsuits, but citations remain good practice. For Fair Use, the majority of the article’s content has to be your own. So posting 5-10 images but having only a few sentences wouldn’t qualify. Your work needs to make up the majority of the content. But I’m also not a copyright lawyer (usual required disclaimer). Good luck with your blog!
Thank you very much.
Hi i’m making a anime blog website everything is done content , pages now just need images .Can u tell me from where i have to download anime images for my website copyright free later i’ll run ads on my website .Pls rply me fast its been 2 week since i’m looking an answer for this
Unless you draw them yourself, all anime images are copyrighted. However, you can use images under Fair Use as long as you match the criteria. Many commercial websites take screenshots of anime videos for their articles, which allows you to pick which frames you want to include. If you use Google or other image searches, you are limited to what other people have captured. Taking your own screenshots may boost your website ranking for image searches if the images don’t duplicate what other people have already posted. I hope this helps!
Hi, im hoping you may be able to help me. I want to start a blog / website that catalogues the animes that you can watch online via legal sources, and link to their site, I want to use the key visuals would I need to get copyright permission to do that.
Using images of the anime should fall under Fair Use. I use anime images in this way and haven’t had problems. Stay away from fan art, however, and keep to official images from the anime you discuss.
Awesome. Thank you very much for getting back to me so quickly.
Hi Chris, I am thinking of starting an anime blog & later monetizing it, do you think I can get sued or something like that for using anime gifs or pics in my blog posts as images or banners?
Many bloggers have done what you want to do, and I haven’t heard of a major case of anyone getting into trouble with copyright holders. Nintendo likes to send Cease and Desist orders, so I would suggest avoiding Nintendo’s intellectual property.
My blog is about discussing anime, so I would like to put a picture of the anime I’m blogging about, so it pretty much falls under fair use. So I should be safe to use screenshots, right? if so, how do I attribute it?
Sounds like it would, so it should be safe. That is how I use mine. You can attribute it by “Screenshot taken by author” or write a descriptive caption that ties it into the article. I often don’t bother attributing my screen captures because I am addressing the scene in my text.
Can I be like quote the anime and anime motivation and make informational like blog posts about top 10 quotes from *insert name* anime characters, and then have an affiliate store in my tabs? Is what they do legal? I mean it is essentially a screenshot of scenes from the anime that the character is in and then they put the quote in a caption for the picture, without too much writing or content, just the pics and the quotes.
Can I do like character analysis’s as well and use tons of images, essentially screenshots off netflix/hulu if I am writing a lot of original content? For example, I am thinking about doing like a …top 10 most deadly weapons in Boba Fett’s arsenal. This would probably require me to go through the star wars movies to get footage of Boba Fett using his weapons, would I need to link those images to Lucasfilm?
Would most of this be considered fair use? They are mainly just going after people trying to steal their content for people to watch for free/torrent, correct? I’m hesitant on taking my blog too seriously, because I don’t want to get my pant’s sued off.
I don’t know of anyone being sued for anime motivational or informational articles.
Character analysis articles should fall under Fair Use. I’ve written a few too. As long as your own content dominates the article, it should be fine.
If you worry about the photos, be certain to cite each one. While citations don’t protect you against copyright infringement, citations show good faith in trying to abide by the law. Plus citations can help your readers.
Alright I think I get it, so basically there’s like a 0.002% chance that I would get sued, but still, I really don’t want to take that chance, “should be fine” isn’t good enough for me. I definitely don’t feel comfortable in any way with breaking the law, especially publicly.
I don’t really see it as a possibility to contact and ask permission to use photos of property in my blog, I’m sure they have other subjects to worry about, so I do not think it is worth it for me to commit to an anime blog.
Copyright is a thorny area. You can break the law by doing something lawful. For example, you can lawfully make a backup copy of a movie on DVD. However, it is illegal for you to break the DRM in order to make that legal copy!
I rely on Fair Use for JP and keep away from content created by artists. The copyright claims I’ve seen over the years usually center around that. A copyright lawyer can clarify everything for a price.
When you say content created by artists, you mean as in, fan art content or content created by independent artists?
Yes, I keep away from both types of art. If it’s not in the public domain, like the ukiyo-e prints or photographs I post, I keep away from it.
Hi
Is considered copyright if I am an affiliate of a company that sells licensed anime merch and I create a website advertising their merch and posting the affiliate link? Also is it copyright if I advertise the website on my Instagram where I post anime memes? What about advertising the merch on Pinterest?
Thank you!
Because you are in the affiliate program, you shouldn’t have to worry about copyright. The company should have all the rights and extend them to their affiliates.
What about if I am an affiliate of a company such as Esty and Redbubble where most of the anime merch sold on there are probably unlicensed. Am I allowed to promote the anime merch on those websites as an affiliate?
As an affiliate your are sharing content hosted by those websites. They are the ones who have to handle copyright problems, but make sure to review the agreement to be certain this holds true.
I have a comment too…
So… posting amv’s, anime icons etc. ain’t allowed if it’s to make money out of it but is posting amv’s, anime icons etc. allowed if it’s not to make money out of it?
Like I posts anime icons on facebook but I’m just posting anime icons for fun. Is it illegal?
My facebook friends also posts anime icons too, so that made me want to post anime icons too but is it allowed?
Fair use allows for content remixes. However, the majority of the content needs to be your own. Consider a painting for example. Imagine you slice up another person’s painting and collage it into your own work. As long as most of the collage, perhaps 70%+, is your own original work, you should be fine, although the other artist might be annoyed with you! But again, it comes down to if the company wants to pursue legal action or not.
Anime icons are likely fine. I’ve not heard of a company going after anyone for icons or even enamel pins. However, it may be within their rights to do so. Again, I’m not a copyright lawyer, and copyright can get complicated. The rule of thumb: if you want to make money, make sure the idea/work is your own.
So I have a question since I’m gonna make my own OC character that means I’m perfectly fine. I don’t have to worry about getting copyrighted or the feel that I am stealing someone else work, but something really serious still bothers since I’m still supporting my friends who makes anime icons, do repost, amvs, anime pictures, anime scenes, etc. I am pretty sure they don’t make any money out it though. I hope not but there just no way. So to get to the point since I’m supporting them by following them, liking their post, commenting, and saving their post. Does that counts as supporting someone else sin?
This one scares me!
Please help!
Liking and otherwise supporting can’t be caught in the content net if the company sends a Cease and Desist. That targets only the person or company doing the violation. Once the content is pulled, all the likes and saves etc will disappear with it.
This sounds really good to hear thank you.
So that the mean I’m not comminiting a sin here and by the way I’m talking about sin that’s in the Bible!?
You aren’t stealing the content so you don’t have to worry about that. Theft is hard to determine when dealing with intellectual content. For example. I’ve downloaded video game roms for games that are unavailable or never made available outside of Japan. Is this theft? I say yes and no. Yes, because I didn’t purchase the content. No, because I don’t have the ability to purchase the content, nor does downloading a copy of it deprive someone else of the content.
However, there is another idea of sin that only you can answer: “So whoever knows the right thing to do and fails to do it, for him it is sin.” (James 4:17 ESV). What is a sin for one person may not be a sin for another whenever you are working with moral issues the Bible doesn’t address.
I understand that I’m not stealing anymore but I’m still worried about weather I’m supporting their sin or not and I don’t even know if what they’re doing is a sin. I’m really confused because I heard that if you participate in someone else’s sin that means you are sinning too.
I really don’t wanna unfollow them since they are great people and would be very rude if I do!
Sometimes you have to decide for yourself if something is a sin or not. I know it’s not helpful, but that is why we have a conscience. Participating in someone else’s sin can be a sin, but so too can standing on the sidelines and not speaking out against it. Intellectual content is a grey matter. Sharing such content can benefit the content makers, which is why most companies don’t care about copyright violations. It’s free advertising and creates a fan-base, yet claiming someone else’s work as your own is theft.
Omg I am so sorry I accidentally spammed that comment I don’t know how to delete
No worries. Sometimes that happens.
I started a blog in HubPages, it’s just a site where I can make a quick buck, does putting the official visuals or posters of anime or even screenshots on a pretty much MONETIZED blog mean I committed copyright infringement?
I can’t say for certain. Fair Use involves the amount of content too. The majority of the content needs to be your own. So dashing text on a screenshot wouldn’t constitute that. However, writing an article that discusses that screenshot likely would fall under fair use. Copyright lawyers can tease out these gray zones, but they tend to be expensive.
Hey, I have a question is it illegal if I take screenshots from Naruto anime and edit them using layout and post them on my Instagram page so I can grow to make money out of it?
I know you talk about if it’s about profit then it’s against the law but I don’t quite understand yet
Short answer: yes it is illegal. You don’t own the intellectual property nor are you using it for educational purposes. Now if you drew Naruto characters and scenes, the artwork, but not the characters, belong to you. While this area is grey, I don’t know of companies going after artists for doing this. If you are serious about making money off of anime and manga-related content, you may want to consult a copyright lawyer for all the nuances.
Oh okay, so what if my motivation is not to make money but just to grow my Naruto page is that okay can I do that?
Can I still take screenshots from Naruto shows scenes and edit them into a layout for my content, because I see a lot of anime accounts that do that and they make money and they are completely fine and the main Naruto page you can look up his account on Instagram he 3m followers and he post Naruto images but put a filter on them and Im pretty sure he makes money from doing that if it was illegal then Instagram would’ve probably taken his account out and that’s exactly what I’m doing
Bro, please tell me!
It depends on what the copyright holder wants to do. Running filters over an image likely isn’t enough to fall under the derivative work clause of copyright. The company that owns the rights to Naruto could nail the Instagram influencer you mention if they want. The question is whether or not the company wants to do so. I cannot speak for Masashi Kishimoto or SHUEISHA, Inc. The safest route is to contact SHUEISHA and ask for permission, which could entail a fee. This would let you be official. Or you can do what most do and not worry about it until/if a Cease and Desist Letter arrives.
Sorry I can’t be clearer. Copyright and intellectual property ownership is a murky area. The rule of thumb: if you want to make profit on it, ask for permission or own the copyright yourself.
Ah, I see I see thank you for explaining all these, but one more thing I can do my ss for Naruto right and post it as long as I don’t promote it and make money out of it?
I still have questions though so sorry, can I make my own anime character art and post it on my Instagram and make money out of it since I’m creating my own character so that isn’t illegal right?
More questions sorry lololol
Is it okay if I download an anime wallpaper app for phone, tablet, iPad, etc, and download the wallpapers images on my Tablet and share the wallpapers that I downloaded on my Tablet gallery to my story so my followers could screenshot them and use them for there wallpaper?
With how copyright works, you cannot use someone else’s work for any reason other than under the fair use clause or with the holder’s permission.
Yes, the anime character art is yours. You have the copyright to it as soon as you create it. You can use it to create money as you see fit.
Anime wallpaper and desktop wallpaper in general varies in usage. Most seem to fall under Creative Commons without attribution.
I’m sad right now so I cant continue making Naruto edits 🙁 So technically amvs, anime icons, and all anime edits aren´t allowed to post on Instagram 🙁 Im pretty sure the creators don´t care though hahahaha
hahahahaha but the problem is I don´t even know how to draw a character, I wanna hear your opinion should I make it online or make it on paper using pencils, etc?
Thank you!
I have to agree that the creators and publishers don’t seem to worry about it.
It is best to start with traditional media like pencils and pens and work toward digital. Studying traditional art gives you the foundation you need for when you go digital. I suggest you start with realistic anatomy and people before going into drawing in the anime style. Beginning with real anatomy will help be more flexible and strengthen your ability to draw in anime’s exaggerated way. That was the route my animation degree took.
Yeah they don’t I have a feeling that they are proud and happy when we fans do that lolololol
Hahhaahhahaha thank you so much I really appreciate your support and I think I’m gonna do both at the same time or just start with the anime right away since I am very impatient and I gotta post I haven’t posted for a long time soo yeah urgh.
Oh one last question, before we say good bye hqhahaha is using anime icons as your pfp fair use?
Just don’t let your impatience sabotage you! Slow and steady is the best method, even if it is frustrating :D.
I’ve not heard of anyone getting dinned for using anime icons, but again, avoid using other people’s art unless you’ve purchased it.
True, thank you!
You said that on your article that “It is perfectly fine to use anime images, manga images, and video clips for noncommercial, informative, satirical, or critical works.” and yeah as long as I don’t gain any money from it right?
Yes, that is what the fair use clause allows.
Hello. I had a question regarding posting anime images/writing summaries when it comes to a encyclopedia about a anime. I’m currently contributing to a very underrated anime series on fandom wiki/wikia by making pages such as episode summaries and character bios. I want to upload images to these articles, but I’m worried about copyright. I’ve looked at wikis on other anime series and some have policies such as citing fair use/attribution on the photo informational pages, while others don’t have any policies at all and just post images without any kind of attribution. How would I go about doing this?
The images should fall under fair use. However, you will want to attribute them so other people can find the images. This is especially true if the images are informationally important. If your wiki doesn’t have an attribution policy, I recommend following Purdue Owl’s APA guide. I follow a simplified version of its citation system for JP. APA is widely used in humanity studies.
Thank you, this definitely gives me more understanding on the subject. My only other question is if somehow the images are subjected to copyright, will I get in legal trouble? Sorry if it’s a weird question and I’ve never heard any stories of that happening but copyright is something that generally makes me concerned and I don’t want anything bad happening from trying to support a series.
As long as you are not the copyright owner of the image and if the fair use is contested, there is a chance you can be in legal trouble. That said, I use images without attribution throughout JP and don’t worry about it. Stay away from images made by artists. While companies usually don’t care, small artists do. The only lawsuits I know involve the theft of an artist’s work. Of course, here I have to say the usual disclaimer: I am not a lawyer and cannot offer legal advice.
will i get copyRight if i use anime quotes in my website
It isn’t likely because you aren’t posting the anime’s transcript.
Can i ask? I take a bunch of anime screenshot because i’m a huge fan of it. Can i get trouble from it? It’s personal use purposes only like making a wallpaper or using as profile picture.
– I hope there’s s respond :>
Keepsafe Everyone!!
I don’t know of anyone getting in trouble for that. Personal use is usually fine. Companies prefer to go after distribution hubs, such as illegal manga websites, rather than individuals. It’s more cost effective and avoid negative PR.
Okay thanks for responding! Have a good die bro!
It’s day not die damn this keyboard.
I hope we all have a good die when the time comes :D.
I have a question!! Would it be alright to design a plushie from an anime that I have completely drawn out using references of the character and copyright claim the design as my own? The character has no merch or official plushies from the company so my work is completely original, however looks like a plushie version of the original character. I’m not sure if it’s fine to claim it as my own and sell them such as for a small business?
Unfortunately, the character belongs to the company. Designing a plushie to sell violates the company’s copyright. While the company may not send a cease and desist letter,it could. However, you could contact the company and try to gain written permission. This could cost money, or it might not, depending on the company’s policies.
i want to start a blog on anime and manga ( a non profitable one ), is it ok if i screenshot images from anime and manga for reviewing without giving any credits to the original artists?
Yes, it should be fine to use screen captures for review purposes.
So…is it fine to crop anime video clip to make it to my social media profile picture?
Yes, that should be fine.
I’m sorry if this is unrelated or whatever but, is it okay and legal to scan manga, and light novel cover/illustrations for the purpose of using it on your own wallpaper? Just wondering since I do it.. I buy stuff like anime games, mangas, lightnovels… I sometimes scan the cover to use for wallpapers for my phone or PC.. I think its legal, since I’m not making money from it, but I never get to ask anyone. Sorry if its a nonsence question but I would like to know.
It may fall under the private use clause of copyrights since you are only using it for yourself. However, it would be a violation if you shared the scans online.
I see, thanks.. But I don’t share it online so there won’t be a problem?
It shouldn’t be. There’s no way the companies would know what you are scanning.
It shouldn’t be a problem. If you aren’t sharing it online, there’s no way for the companies to know what you are scanning.
I have a question and I wanted to use a quote from a manga as my senior quote, would i get introuble for that? I cited where it was from and all too
I doubt it will be a problem. The quote is such a small portion of the work.
You said, “I make it a point not to post artwork that isn’t released as a Creative Commons or open copyright wallpaper for this reason”.
Where do you find these anime images?
Anime images created by corporations differ from artwork. Perhaps I should have been more specific: artwork created by independent artists. While corporations own images from anime, they usually allow their use under Fair Use. So you can take screen captures from shows for that purpose generally. However, posting artwork without the permission of independent artists can cause trouble.
This is a very informative post, As an anime fan myself, I am planning to add some review content on my blog.
I do have a question though, when you mean non-profit… does it mean your site is not running any ads? My site have some ads on them, does it mean that I can’t do a review without hitting copyright issues?
It would be a great help if you can enlighten me on this.
Thanks again!
JP doesn’t run ads. You can still write reviews for a for-profit site as long as the content you post follows Fair-Use. However, (I’m not a legal expert, so take my observations accordingly) defending against copyright claims is easier if you are educational and nonprofit. Citations don’t protect against copyright claims, but they can help.
JP isn’t really nonprofit because I also it as a platform to market my books. I hope this helps!
Thanks… this is very useful..as I’m starting an anime blog too. I was worried without images it would be a bad blog but I now I think I can use images.
Best of luck with your new blog!
This is an informative post. Thanks. But is it possible for me to sell a fan art which I drew on a website? For instance, can I draw Naruto or Goku and sell the drawing on my blog?
Many people draw and sell fan art on their websites and on sites like DeviantArt. I am not aware of anyone being sued by the owners of the original properties.
Thank you for all the noteworthy information
I’m happy to help.
Okay….a pretty good post about the infringement stuff but i got a few questions(maybe 1):
Q)Is putting Fan-Art/Anime Screenshots/Anime Clips on your “monetized blog” a sort of copyright infringement?(Because if I am reviewing anime episodes and I use screenshots and stuff on my blog which uses affiliate links or ads or any form of monetization would I not be BUSTED??)
Thank You
A copyright lawyer can answer the questions better. My answer isn’t legal advice but here it is: monetizing a blog that features fan-art, screenshots, clips and the like isn’t necessarily infringement. Movie review websites, for example, monetize and are fine. However, monetizing does make it a little more likely to be targeted than a non-commercial educational website. For-profit ventures are scrutinized more than nonprofit ventures.
Be careful of fan-art. Always get the written permission of the author for its use.
I’m sorry I can’t be entirely clear. It all depends. As long as you aren’t lifting content wholesale and using the clips for review purposes you should be fine. Many review blogs are monetized.
Hello!
Do you know if using still images or character art from anime series in a blog or, more importantly, a YouTube video (such as a review, episode discussion, or some other topic relating to whatever the anime in question is) would be grounds for problem? What if the video in question is monetized?
If so, what can be done to prevent these problems so that the images could be used?
In general, using official art from a series falls under fair use. However, using artwork drawn by a private artist without permission can be a problem. It’s not a good idea to drop in a full YouTube video, but you can drop in short clips to support your argument. Your work needs to constitute the majority of an article or you are possibly violating copyright.
The best way to prevent a problem is to get written permission from the owner of the images and video.
Is there a difference between official art from a series and artwork drawn by a private artist? For clarity’s sake I am referring to the type of artwork that would be on official websites, in press releases, and even in shows/games/etc. themselves.
Additionally, if I were to put a mark or credit to the copyright holder when I post images in the videos, would that help alleviate things, or does it not matter?
Yes. Artwork drawn by a private artist, even when the art depicts a property, belongs to that artist. Companies expect their press release artwork and other assets to be used for critiques and other works protected under the fair use clauses. Press kits are helpful for this too, but if you are reviewing a game, a few images or a short video clip are generally within fair use guidelines as long as the majority of the content is your own writing.
Attribution is helpful, but it doesn’t protect against a suit. Only written permission by the content owner and following fair use criteria protects against such.
Hi Chris,
We are planning to start an Anime website and we would like to include screenshot of each anime for our blog. Will posting the screenshots in our website considered as Fair Use?
The website we are planning is somewhat similar to the concept of MyAnimeList but in smaller scale.
Thank you in advance!
While I can’t offer legal advice (gotta toss in the disclaimer), as long as the website uses the images in reviews, satire, and other protected works, you should be fine. However, if you merely post a screenshot without adding your own original content to it, then you may be violating a copyright. Look again at the list of criteria used to determine fair use. I hope this helps.
As long as we give proper credits or copyrights to the website where the photo is taken from , we are safe to use them in our blog right ??
Not necessarily. The use of the photo needs to fall under fair use as I described. Artwork is particularly thorny. The owner of the work can claim financial damage if you post their work without express written permission and if the work isn’t used as the subject of a review or critique. Most media companies won’t pursue a blogger for violations, but artists have done so in the past. Same with newspaper and magazines. Citation doesn’t protect you. Only written permission, fair use, and public domain works protect you.
thanks for the information.I am going start a blog to write articles
on how I feel about different anime.If I monetize my blog with adsense or any other,does that break the copyrights?In this case if I use photos of anime does that come under commercial use?
JP uses AdSense to help pay for hosting. I can’t give proper legal advice. Just so you know :).
As far as fair use is concerned, as long as the copyrighted work does not make up most of the content and the copyrighted work is used for review, satirical, and informational purposes most companies do not seem to mind. It is still good practice to provide ample citation, just to be safe. Citation is a good practice we need to see done more often on the Internet.
Now, I suggest avoiding slander. Slander is not protected speech. Slander is knowingly and maliciously providing false information about a person or party. See Supreme Court ruling New York Times Co. v. Sullivan 1964 The Net is stuffed with slander.
There are many monetized anime review blogs out there. They seem to have little trouble. JP hasn’t had any issues. It takes a lot of traffic for advertising to pay much of anything. I suggest you avoid link selling. They pay a lot (I sold links the first year JP was live to help me pay for hosting) but Google will now blacklist you if you are caught. It is not worth it.
I wish you the best with your blogging! Hopefully I answered your questions. If you want proper legal advice, I suggest speaking with a copyright lawyer. It depends on how serious you want to be with your website and the type of content you are planning.
thank you very much for the advice
I hope you find it useful. Send me a link to your blog sometime! : )
Hi chris, can we get an adsense if we make a blog (Anime wallpaper) like here s-gallery94.blogspot.com
Yes, you should be able to add Adsense to your blog. Blogspot is a part of the Blogger network, so you should be able to follow Google’s directions.
so i can get an adsense even if i use anime wallpaper which is edited from screenshot like in my blog (s-gallery94.blogspot.com) by the way thanks 🙂
Check out their policies.
Here’s a scenario:
I modify the artwork before posting it in my website. (like this: http://media.deremoe.com.s3.amazonaws.com/2013/08/The-Way-of-Crossplay-620×348.jpg)
Basically, I cropped out the image of the character and place it in another image so that it will be different, then attribute it s Fair Use. Am I doing it right? What are the implications of doing this?
If the image for personal, nonprofit use as part of an editorial, review, or similar article, it will likely be considered Fair Use. Attribution is a good idea for non-profit websites, and it is necessary for profit driven websites.
If you editing the image to work for a blog post and attribute it you should be fine. Editing images is generally okay; I crop and edit images for JP as a matter of course. As long as you don’t claim the images as your own work, you should be okay.
Attributing images and editing them can help your website in a couple regards:
1) Google tends to index unique images, so your edited, customized image may help views.
2) Attribution gives your website a more professional appearance.
JP gets away with only a few attributions because I post this at the bottom of the website: “© JapanPowered and respective holders” It is a general blanket attribution, but it isn’t as strong as attributing each image.
A caveat: some image owners will not appreciate edits that defame their intellectual property. For example, editing an image of,say, Holo from Spice and Wolf into a graphic tentacle porn image may draw the negative attention of Yen Press. Fan Art is in a slightly greyer area.
Thanks. I’ll take note of this the next time I do such images. Kudos!
Very informative post =) Actually, not too long ago there was a 3-part article series on ANN all about copyright laws in terms of the anime fandom. It was extremely detailed, but your post here does a good job of summarizing ^^,,,
On my blog I do try to credit the fan art of any artist I use by linking back to their profile on pixiv or deviantart. And in the few posts where I quote word-for-word what another blogger or someone else says, I’ll credit them of course. Other than that, all the written content on my blog is mine =P (as are all the photos I post, such as for anime conventions)
Thank you! Yes, the article here is only a very basic summary. There is a LOT more to copyright law than this. I spent a year in undergrad studying copyright law for my computer science degree. It made my eyes glaze over. O_o. For the most part as long as you reference other people’s work as an anime blogger, you should be fine.
If you didn’t notice, I ironically didn’t reference the images in this article. They are all wallpapers found on various wallpaper websites. It is a good habit to link and reference any type of fan art. I have generally heard of bloggers being sued by photographers and artists for using work that wasn’t properly referenced. Even if the risk is small, it is best not to run it.
Since that this is Anime we are talking about here, wouldn’t the Berne Convention indicates that the copyright laws used are Japanese copyright laws instead of the United States?
According to what I read on Wikipedia, the Berne Convention gives foreign authors the same rights as domestic authors. Therefore, if the violation happens in the US, the author will have access to US copyright law protections.
Thank you for this post! It’s a good lesson in making sure that the type of blog you want to run is safe.
I almost forgot there was a “fair use” clause!
I’m glad you found it useful. Fair use is the backbone for our blogging hobby. Without it, we couldn’t even use a title of an anime in a post!
Hello! I recently started an anime blog for a college course and I do understand that copyright is very important. For every photo, I provide attribution. How do you think that I can provide it if I use an official anime clip or photo? It is fair use right? I’m not planning on trying to get money or anything from this blog, it’s more of a personal blog for my class.
Yes, official clips and photos should fall under fair use. You can always caption where they come from if it isn’t clear.