Why was the Trailer/parpdy section cancelled in the AMV contest?

[viga 1]

Due to legalities the Trailer/parody section was skipped in the AMV contest on Saturday and Sunday. (I heard it was in on Friday) Also that it wasn't judged either. (another rumor) What was the details for the sudden exclusion? Although I love AMVs and will get a lot of slack because of me saying this but aren't they ALL a legal problem anyway with the music and anime.

Was this just an advisement from your legal department? (Do you have a legal department?) Did someone complain? Hiding a data loss? Was something offensive in the content?

I'm just curious. It's not like I can't see them later online. I do ask you to have a more extended answer than what we were given.

[ithilienne 2]

This was asked at the feedback panel; the answer relates to trademark issues.

[viga 1]

This was asked at the feedback panel; the answer relates to trademark issues.

[Aresef 113]

i.e. You can't use a Warner Bros. logo, no matter what. Fair use doesn't apply like that to trademarks.

[AVY 0]

Yeah, I was certainly disappointed that the category was not shown, however I do understand that if the convention is advised not to show something rather legally iffy like this that it would be a bad idea to go ahead and do so.

[viga 1]

I understand now. Thank you for answering so quickly too! Amazing being that it's dead dog Monday. (the Monday after Otakon were everyone is dead tired.) Thank to you too Aresef.

[OtakuJ89 0]

but why can you do that in the fan parodies?

[Nerelda 0]

Legally, those types of logos are not to be used in anything that you do not have permission from the companies themselves.

[MiB24601 0]

Legally, those types of logos are not to be used in anything that you do not have permission from the companies themselves.

[Dragonmaster Lou 0]

Legally, those types of logos are not to be used in anything that you do not have permission from the companies themselves.

Yes, but legally, AMVs shouldn't use songs under copyright so that's nothing new. Also, the timing of Otakon deciding to remove the trailer/parody entries from the contest between Friday and Saturday is also curious. So, what changed?

[MiB24601 0]

Copyright law and trademark law, while both areas of intellectual property laws, actually have different regulations. I am not a lawyer, but in a nutshell, use of copyrighted works (like songs) is allowed under fair use for parody, new content based on those works, criticism, academic study, etc. Granted, AMVs are sort of a gray area with regards to fair use, but there is at least a gray area to work with and historically, no one has come after anyone for AMVs (at least not too often, anyway).

Trademarks, on the other hand, don't have any such provisions for fair use. You either get permission to use them or you don't use them. Unauthorized use of trademarks is completely illegal, no ifs, ands, or buts (well, unless the trademark has been genericized, but that's a whole other ball of wax), and corporations have gone after people for improper use of trademarks.

Anyone with more legal expertise, please clarify/correct as necessary.

[alabaster 0]

So, with this in mind, what happened between Friday and Saturday for the trailer/parody section to be cancelled in the AMV contest?

Our IP lawyer advised us not to show it, our corporate lawyer confirmed the recommendation.

Sorry, but we tend to go with the recommendations of trained, experienced professionals.

[MiB24601 0]

Yes, but legally, AMVs shouldn't use songs under copyright so that's nothing new. Also, the timing of Otakon deciding to remove the trailer/parody entries from the contest between Friday and Saturday is also curious. So, what changed?

[alabaster 0]

Okay, so the short answer is "our IP lawyer saw it" and said no.

[MiB24601 0]

So, with this in mind, what happened between Friday and Saturday for the trailer/parody section to be cancelled in the AMV contest?

Our IP lawyer advised us not to show it, our corporate lawyer confirmed the recommendation.

Sorry, but we tend to go with the recommendations of trained, experienced professionals.

[MiB24601 0]

Okay, so the short answer is "our IP lawyer saw it" and said no.

[Mabdese 0]

Somehow I think the question was skipped of why you can show the trailers during the fan parodies?

When I think back you guys have been showing trailer parodies since I started coming in 1999. Did I miss something?

[Cousinsue 0]

Somehow I think the question was skipped of why you can show the trailers during the fan parodies?

When I think back you guys have been showing trailer parodies since I started coming in 1999. Did I miss something?

I believe that trailer parodies are fine. So long as they don't use the actual logos of the corporations. Otakorp would also have to follow up if someone was using our logos, even in a parody.

Between the first showing and the rest, our IP lawyer saw the clips, and discovered items that were not presented to him before the Con.

Using the new data he recommended that we not show the trailer parodies.