AbstractTable of ContentsCitation FormatIntroductionAnime and Its Fandom: A Primer for Non-FansAnimeFan DistributionFansubHistorical Analysis of Fan Distribution and SubtitlingPre-Fan PeriodTechnology Change; Cartoon/Fantasy OrganizationJapanese Unsuccessfully Attempt to Enter Market; Aim too HigFan Activity IncreasesAnime Importers Fail to Release Quality MaterialBut there was one good foray into the commercial sectorC/FO at Its Height; C/FO in JapanC/FO Fan DistributionFan Networks as Proselytization CommonsBirth of Fansubbing; Collapse of C/FONew Clubs, New Fans, New FansubbingConventionsIndustryA.D. VisionAnimEigoStreamline PicturesPioneer LDCWord gets back to JapanConcluding the Historical AnalysisLegal Analysis of Fan Distribution and SubtitlingBasics of International Copyright LawCopyright in Japanese Animated Works in JapanWhat Is Owned and Who Owns ItDomestic and International Rights of these OwnersTime-Shifting/Fan Recording from AmericaSharing Among FriendsShowings at ClubsCopying and Sending Across CountryPen pals in JapanRenting at Mom and Pop StoresRecording Anime from Japan and Sending Them to AmericaTranslationFansubbingDistributing Fansubs Before and After LicensingBefore We ConcludeConcluding the Legal AnalysisProgress Against the LawInterviews and TranscriptsProgress Against the Law: Fan Distribution, Copyright, and the Explosive Growth of Japanese Animation SEAN LEONARD MASSACHUSETTS INSTITUTE OF TECHNOLOGY DECEMBER 10, 2003 6.806, FALL 2003 Abstract Japanese animation has grown to be a powerhouse in the world of alternative entertainment. Its phenomenal growth is directly related to the proselytization of fans who worked to grow interest in America, despite flagging interest by Japanese copyright holders. We present an historical analysis and a legal analysis to demonstrate that, at least in one significant case spanning two decades, commerce and the arts were significantly boosted through the continual violation of copyright. Table of Contents Abstract Table of Contents Citation Format Introduction Anime and Its Fandom: A Primer for Non-Fans Anime Fan Distribution FansubHistorical Analysis of Fan Distribution and Subtitling Pre-Fan Period Technology Change; Cartoon/Fantasy Organization Japanese Unsuccessfully Attempt to Enter Market; Aim too High; Give Up Fan Activity Increases Anime Importers Fail to Release Quality Material But there was one good foray into the commercial sector C/FO at Its Height; C/FO in Japan C/FO Fan Distribution Fan Networks as Proselytization Commons Birth of Fansubbing; Collapse of C/FO New Clubs, New Fans, New Fansubbing Conventions Industry A.D. Vision AnimEigo Streamline Pictures Pioneer LDC Word gets back to Japan Concluding the Historical Analysis Legal Analysis of Fan Distribution and Subtitling Basics of International Copyright Law Copyright in Japanese Animated Works in Japan What Is Owned and Who Owns It Domestic and International Rights of these Owners Time-Shifting/Fan Recording from America Sharing Among Friends Showings at Clubs Copying and Sending Across Country Pen pals in Japan Renting at Mom and Pop Stores Recording Anime from Japan and Sending Them to AmericaTranslation Fansubbing Distributing Fansubs Before and After Licensing Before We Conclude Concluding the Legal Analysis Progress Against the Law Interviews and Transcripts Citation Format Except in “Legal Analysis of Fan Distribution and Subtitling,” citations adhere to the MLA style with footnotes. [1] In “Legal Analysis of Fan Distribution and Subtitling,” citations adhere to the Bluebook style. [2] Introduction Interest in, and consumption of, Japanese animation has increased exponentially across the world in the last ten years. Total sales of anime and related character goods rose to ¥9 trillion (US$80 billion) in 2002, up from less than a tenth of that a decade ago. [3] Despite Japan’s flagging revenues in other markets from steel to manufacturing and heavy industry, the Wall Street Journal recently commented that “Japan has more than made up for it because of its cultural exports.” [4] Indeed, Prime Minister Junichiro Koizumi lauded Spirited Away and anime in his 2003 opening speech to the Diet, asserting that anime is being viewed as “the savior or Japanese culture.” [5] From all of this hype, we askthe question: how did anime, once regarded as a product produced and consumed exclusively for Japanese children, become such a powerhouse in the global media market? The answer lies in the international pull, not push, of anime to other nations’ shores. A wave of internationals became interested in anime, manga (Japanese comics), and other cultural products as they studied or served in the military in Japan in the 1960s-1970s, right as the slogan “Japan as No. 1” began to reshape that country’s popular consciousness. Those who returned to America wanted to share anime and manga with their friends. The introduction of the VCR into the American and Japanese mass markets in 1975 made this possible: for the first time, fans could tapes shows and show others in America. [6] Initially unable to share because of the significant Japanese-English language barrier, fans were relegated to explaining the bare basics of an anime plot as a slew of fantastic imagery and incomprehensible language bombarded audiences at the back of science-fiction conventions, or as a reader would struggle with the “backwards text and images” of manga alongside a Japanese-competent friend. “We didn’t know what the hell they were saying, but it looked really cool,” once commented Henry Jenkins of that period. [7]New technology and distribution networks quickly enabled fans to proliferate and spread their anime message. What followed was the birth of fan distribution—a process of releasing anime shows on a vast underground network of fans throughout the country. Following a shift in the constitution of the fandom, fansubbing, or translation and subtitling of anime videos, was added to the distribution process by 1990. After leaving college, many fans started anime companies to become the industry leaders of today. Anime fan distribution networks—networks of Japanese animation fans who imported and distributed videos over a vast underground network in the United States during the 1970s through the early 1990s—represented proselytization commons, or spaces where media and ideas could be freely exchanged to advance a directed cause. Upon these networks