The Impact of Copyright Law on Fansubbing by Latoya D
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Intellectual Property Brief Volume 2 | Issue 2 Article 3 9-25-2012 Reinforcing the Tower of Babel: The mpI act of Copyright Law on Fansubbing LaToya D. Rembert-Lang American University Washington College of Law Follow this and additional works at: http://digitalcommons.wcl.american.edu/ipbrief Part of the Intellectual Property Commons Recommended Citation Rembert-Lang, LaToya D. "Reinforcing the Tower of Babel: The mpI act of Copyright Law on Fansubbing." Intellectual Property Brief 2, no. 2 (2010): 21-33. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Intellectual Property Brief by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Reinforcing the Tower of Babel: The mpI act of Copyright Law on Fansubbing Keywords translations, copyright law This article is available in Intellectual Property Brief: http://digitalcommons.wcl.american.edu/ipbrief/vol2/iss2/3 Reinforcing the Tower of Babel: The Impact of Copyright Law on Fansubbing by LaToya D. Rembert-Lang, J.D.1 I. Introduction IV analyzes the complexities of fansubbing practices under existing copyright law through legal analysis 1Everyone has ingrained in their memory one line of dialogue from a television program or movie that they and how the doctrine of fair use can be utilized to consider as their favorite and will remember for the rest protect fansubbing practices under copyright law. Part of their lives. For me, no line has seemed to eclipse: V discusses access to foreign television programs and “There’s no such thing in this world as a perfect man movies, the cultural benefits of exposure to foreign and a perfect woman, just a perfect love built together works, technology implications on fansubbing, and by an imperfect man and imperfect woman.”2 This line suggests a model for reforming the perception of of dialogue was not spoken in any American television fansubbing. Part VI provides in closing that copyright 4 program or movie, but rather, in a Korean television law protects the needs of artists , but does little to drama. Through the proliferation of “fansubbing,” protect the needs of consumers. Consumers desire I was able to experience and reflect on the dialogue fan-based activities and need exposure and access to that I now consider as one of my favorite lines of all other views and dimensions on world culture. Existing time. This cross-cultural experience transformed my copyright law limits the progression of societal access perception of world culture and broadened my horizons to foreign television programs and movies through into a whole new realm of media and entertainment. fansubbing activities. I am not alone in my cross-cultural experience. II. The Fansubbing Phenomenon Chinese fans transfixed by American television shows Fan culture appears in different mediums of such as “Lost” and “C.S.I.,” download the American expression.5 Among the most noted and recognized in television programs and create Chinese fansub fan culture is fanfiction.6 At the opposing end of the translations in order to experience another world view fan culture genre is fansubbing. Fansubbing, otherwise 3 on entertainment. Copyright law, however, threatens known as fan-subtitled,7 is defined primarily as “an to distort the ability to have such a cross-cultural unauthorized translation . in the form of subtitles.”8 experience. Enforcement and illegalities established in The definition, however, as it appears on many websites copyright law negate the ability for individuals to have of fansub groups is “a video . subtitled by fans.”9 multicultural viewing experiences in foreign television There are two main styles of fansub translations: programs and movies worldwide in a limited market or softsubs and hardsubs. where no market is being exploited. Softsubs are simple text files “whose format This comment examines fansubbing and the depends on the exact subtitle encoding software to implications that copyright law has on its efforts as an endeavor. Part II provides an overview of fansubbing, its practice and its ethos. Part III discusses 4. This comment will use the term “artist”, which includes translations as a copyrighted work, including the references to authors and copyright owners. 5. See Rebecca Tushnet, Payment in Credit: Copyright Law and history and development under copyright law. Part Subcultural Creativity, 70 SPG Law & Contemp. Probs. 135 (2007). 1. LaToya D. Rembert-Lang, J.D. is a 2010 Master of Laws 6. See id. at 140. Fanfictions are “fan-created stories and artwork candidate in the Law and Government program at American focusing on the relationship between the main characters.” University’s Washington College of Law. She received her J.D. from 7. Sean Leonard, Celebrating Two Decade of Unlawful Progress: Fan the University of Cincinnati College of Law and a B.A. in Political Distribution, Proselytization Commons, and the Explosive Growth of Science from the University of Cincinnati. Japanese Animation, 12 UCLA Ent. L. Rev. 189, 196 (2005). 2. Soulmate, Korean Drama, Munhwa Broadcasting Corporation 8. Tonakai Anime and Manga, Mini Dictionary, http://anime. (MBC), 2006. tonakaistudio.com/dictionary.html (last visited August 29, 2010). 3. Howard W. French, Chinese Tech Buffs Slake Thirst for U.S. 9. See WithS2 Written in the Heavens Subbing Squad, http:// TV Shows, N.Y. Times, Aug. 9, 2006, available at http:// withs2.com/fansubbing (last visited October 14, 2010). See also www.nytimes.com/2006/08/09/world/asia/09china.html?_ SARS Fansubs http://www.sars-fansubs.com/faqs#2 (last visited r=1&pagewanted=print. August 29, 2010). American University Intellectual Property Brief 21 be used for [interpretation].”10 They are not encoded The fansubbing process is intense. At least eleven in the video stream of a television program or movie critical steps must occur before a final version of either and as a result they can be turned on or off and edited the television program or movie is released. These based on preferences.11 Softsubs are often in plain text steps include: “(1) Raw acquisition,” “(2) Translation,” form and only provide a translation of the program “(3) Rough Timing,” “(4) Edit,” “(5) Fine Timing,” or the movie. Hardsubs are “video containers where (6) Translation check,” “(7) Typesetting,” “(8) Quality subtitles have been encoded into the video stream.”12 Control,” “(9) Encoding,” “(10) Distribution,” and The hardsub format will often have graphic fonts that “(11) Release.”16 The amount of prep time for each change color to reflect the opening and closing credits, step can range from a few hours to up to twelve hours dialogue of different characters, song lyrics and cultural depending on the role and task.17 context. A. The Fansubbing Ethos The practice of fansubbing is conducted by either an individual, a group of individuals collectively known “Fansub[translations] are made for fans, by fans, 18 as fansub groups,13 or through community translations and not for commercial purposes.” No profits are 19 teams. Fansub groups are composed of persons who involved in fansubbing. Many fansub translations work together focused on the translation of one boldly display within the translated text of the language for multiple foreign television programs television program or movie that it is not for sale. and movies. Fansub groups recruit staff composed Selling fansub translations is frowned upon in the 20 of volunteers who serve in various roles as either: fansubbing community and is considered bootlegging. “Coordinators,” “Translators,” “Timers,” “Editors,” There are, however, live streaming websites and and “Spot Translators.”14 A community translation torrent sites that have fansub translations of television team offers the opportunity for any individual to programs and movies and accept donations as gifts for 21 assist with providing translations and is formed based running their websites. around a common interest in a specific television The inherent goal in fansubbing is to get access program or movie. An individual can assist with contributions to either add translations or to improve viikii.net is an example of a community translation environment upon existing translations to a television program or and also evidence of the actual running commentary across the movie. Community translation teams also work with video screen in all of the television programs and movies that are available. Many use the commentary section as a means of voicing an individual or team, designated as the Moderator, appreciation for the diligence of the community translation team over a channel for a specified television program or in producing fast subs of the work (which is often much faster movie in order to police what fansub translations than the fansub group versions) and also share in the angst and anticipation of viewing another episode of their favorite television are provided. Additional persons on community program or movie. translation teams, known as Segmenters, provide proper 16. See Infusion Fansub Newbie Guide, http://www.lolikon.org/ fansub translation timings to the dialogue provided guide.html (last visited August 29, 2010). The Raw Acquisition- get the video of the episode that you want; Translation-Episode in the television program or movie. In community is watched a few times to translate into understandable English; translations, unlike fansub groups, fans who view Rough Timing-Insert dialogue lines into script form via timing; the television program or movie are often invited to Edit-The editor of the script of dialogue; Fine Timing-Make sure that subtitles are removed during scene changes; Typesetting- provide a running commentary and interactive dialogue Choosing what fonts are appropriate for dialogue; Quality Control- 15 on the work. For typos, spelling mistakes, etc.; Encoding-Video files with the final subtitles applied (this is for a hardsub format); Distribution- Given to a group of individuals who then share with others; 10.