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A fansub (short for fan-subtitled) is a version of a
foreign film World cinema is a term in film theory in the United States that refers to films made outside of the Cinema of the United States, American motion picture industry, particularly those in opposition to the aesthetics and values of commercial Ame ...
or foreign
television program A television show, TV program (), or simply a TV show, is the general reference to any content produced for viewing on a television set that is broadcast via Terrestrial television, over-the-air, Satellite television, satellite, and cable te ...
, typically
anime is a Traditional animation, hand-drawn and computer animation, computer-generated animation originating from Japan. Outside Japan and in English, ''anime'' refers specifically to animation produced in Japan. However, , in Japan and in Ja ...
or dorama which has been translated by fans (as opposed to an officially licensed translation done by paid
professionals A professional is a member of a profession or any person who works in a specified professional activity. The term also describes the standards of education and training that prepare members of the profession with the particular knowledge and ski ...
) and subtitled into a
language Language is a structured system of communication that consists of grammar and vocabulary. It is the primary means by which humans convey meaning, both in spoken and signed language, signed forms, and may also be conveyed through writing syste ...
usually other than that of the original.


Process

The practice of making fansubs is called fansubbing and is done by a fansubber. Fansubbers typically form groups to divide the work. The first distribution media of fansubbed material was VHS and
Betamax Betamax (also known as Beta, and stylized as the Greek letter Beta, β in its logo) is a discontinued consumer analog Videotape, video cassette recording format developed by Sony. It was one of the main competitors in the videotape format war ag ...
tapes. Early fansubs were produced using analog video editing equipment. They would copy the anime (often from laserdiscs) onto VHS, translate the dialogue, and painstakingly time and format the subtitles for the video. Popular tools for this included JACOsub (
Amiga Amiga is a family of personal computers produced by Commodore International, Commodore from 1985 until the company's bankruptcy in 1994, with production by others afterward. The original model is one of a number of mid-1980s computers with 16-b ...
) and Substation Alpha (
Windows Windows is a Product lining, product line of Proprietary software, proprietary graphical user interface, graphical operating systems developed and marketed by Microsoft. It is grouped into families and subfamilies that cater to particular sec ...
). The next step was to produce one or more masters, a high-quality copy of the finished fansub from which many distribution copies could be made. The fansubber would playback the raw video through a computer equipped with a genlock in order to generate the subtitles and then overlay them on the raw signal. The hardware most often used was an Amiga computer, as most professional genlocks were prohibitively expensive. The final output of the arrangement was then recorded. The master was most often recorded onto
S-VHS S-VHS, the common initialism for Super VHS, is an analog video cassette format introduced by JVC in 1987 as an improved version of the VHS (Video Home System) format. S-VHS improved image quality by increasing the bandwidth of the luminance ...
tape in an attempt to maximize quality, though some fansubbers used the less expensive VHS or Beta. Once it was completed, the master copy was sent to a distributor.


Digisubs

The internet allows for highly collaborative fansubbing, and each member of a fansub team may only complete one task. Online fansubbing communities such as DameDesuYo are able to release a fully subtitled episode (including elaborate karaoke with translation,
kana are syllabary, syllabaries used to write Japanese phonology, Japanese phonological units, Mora (linguistics), morae. In current usage, ''kana'' most commonly refers to ''hiragana'' and ''katakana''. It can also refer to their ancestor , wh ...
, and
kanji are logographic Chinese characters, adapted from Chinese family of scripts, Chinese script, used in the writing of Japanese language, Japanese. They were made a major part of the Japanese writing system during the time of Old Japanese and are ...
for songs, as well as additional remarks and translations of signs) within 24 hours of an episode's debut in Japan. Platforms like Fansnub have emerged to showcase creative works by fansubbers and similar content creators. These platforms provide a space for fansubbers to connect with their audience, share their work, and earn recognition for their efforts. The production of a fansub typically begins with obtaining the unsubtitled source video called a "raw" that typically comes from DVDs, VHS tapes, television broadcasts,
peer-to-peer Peer-to-peer (P2P) computing or networking is a distributed application architecture that partitions tasks or workloads between peers. Peers are equally privileged, equipotent participants in the network, forming a peer-to-peer network of Node ...
networks, and directly from Japanese-based contacts. Then, a translator watches the video and produces a time-stamped text file of the screenplay with any relevant notes. The same series or episode may be subtitled by multiple groups with independent translations of varying quality. Fansub groups sometimes translate other already translated fansubs that are more susceptible to errors. Translated text is assigned with start and end times in a process known as timing to ensure subtitles appear when dialogue is spoken and disappear with the silence. An editor and a translation-checker read over the script to ensure that English is natural and coherent while still retaining the original meaning. A typesetter then appearance for the dialogue, signs, translator notes, etc. Then groups perform quality control to catch any final errors. Encoders then take the script file and create a single subtitled video file, often aiming for a target file size or video quality. "Hard" subtitles, or ''hard subs'', are encoded into the footage, and thus become hard to remove from the video without losing video quality. "Soft" subtitles, or ''soft subs'', are subtitles applied at playback time from a subtitle datafile, either mixed directly into the video file (.mkv, .ogm, etc.), or in a separate file (.ssa, .srt, etc.). Soft subs can also be rendered at higher resolutions, which can make for easier reading if the viewer is upscaling the file, but also are more difficult to blend into the video (for instance rotated text/moving text). Hard subs have traditionally been more popular than softsubs, due to a lack of player support and worries over plagiarism, but most fansub groups now release a softsub version of their releases. The resulting fansub is a digital video file and can be distributed via CD, DVD, DDL, P2P software, and by file-sharing bots on
IRC IRC (Internet Relay Chat) is a text-based chat system for instant messaging. IRC is designed for group communication in discussion forums, called '' channels'', but also allows one-on-one communication via private messages as well as chat ...
and also
FTP The File Transfer Protocol (FTP) is a standard communication protocol used for the transfer of computer files from a server to a client on a computer network. FTP is built on a client–server model architecture using separate control and dat ...
. The distribution is usually handled by a distribution team, or "distro" team, composed of one or more individuals with a server or very high upload speed.


History


Pre-fansubs (pre–1970s)

The first documented Japanese animation to be distributed in the United States was '' The Tale of the White Serpent'' airing on March 15, 1961. Until the late 1970s, Japanese community TV stations' broadcasts were aimed exclusive at very young children. Soon after the release video cassette recorders in November 1975, post-''
Astro Boy ''Astro Boy'', known in Japan as , is a Japanese manga series written and illustrated by Osamu Tezuka. It was serialized in Kobunsha's ''Shōnen'' from 1952 to 1968. The 112 chapters were collected into 23 volumes by Akita Shoten. Da ...
'' anime began to spread throughout the United States. By March 1976, TV stations in the United States began broadcasting
super robot Mecha, also known as giant robot or simply robot, is a genre of anime and manga that feature mecha in battle. The genre is broken down into two subcategories; " super robot", featuring super-sized, implausible robots, and "real robot", where r ...
shows such as ''
Getter Robo is a Japanese Mecha anime and manga, mecha media franchise created by Ken Ishikawa (manga artist), Ken Ishikawa and Go Nagai. An anime television series produced by Toei Animation was broadcast on Fuji TV from April 4, 1974, to May 8, 197 ...
'', and due to the availability of VCRs, fans could record these shows to show to their friends. Fred Patten describes his first exposure to anime at the Los Angeles Science Fiction Society (LASFS) in 1976 when he met up with another fan who was an early adopter of Sony's
betamax Betamax (also known as Beta, and stylized as the Greek letter Beta, β in its logo) is a discontinued consumer analog Videotape, video cassette recording format developed by Sony. It was one of the main competitors in the videotape format war ag ...
technology. By May 1977 he and a group of fans founded the first anime club in the United States, the Cartoon/Fantasy Organization (C/FO).Leonard, Sean
Progress against the law: Anime and fandom, with the key to the globalization of culture
International Journal of Cultural Studies, 9 2005; vol. 8: pp. 281–305.
In November 1977, the C/FO began corresponding with other Japanese animation fans across the country and because the distribution of shows across the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
was different based on location, fans began trading tapes of shows they were missing between each other. At the time many LASFS members maintained contact with members around the world, and thus C/FO members began exchanging videos with fans located in
Japan Japan is an island country in East Asia. Located in the Pacific Ocean off the northeast coast of the Asia, Asian mainland, it is bordered on the west by the Sea of Japan and extends from the Sea of Okhotsk in the north to the East China Sea ...
, typically
US military The United States Armed Forces are the military forces of the United States. U.S. federal law names six armed forces: the Army, Marine Corps, Navy, Air Force, Space Force, and the Coast Guard. Since 1949, all of the armed forces, except th ...
personnel, who wanted ''
Star Trek ''Star Trek'' is an American science fiction media franchise created by Gene Roddenberry, which began with the Star Trek: The Original Series, series of the same name and became a worldwide Popular culture, pop-culture Cultural influence of ...
'' and ''
Battlestar Galactica ''Battlestar Galactica'' is an American science fiction media franchise created by Glen A. Larson. It began with the original television series in 1978, and was followed by a short-run sequel series, '' Galactica 1980'', a line of book adaptat ...
''. Fortunately, shows from either the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
or
Japan Japan is an island country in East Asia. Located in the Pacific Ocean off the northeast coast of the Asia, Asian mainland, it is bordered on the west by the Sea of Japan and extends from the Sea of Okhotsk in the north to the East China Sea ...
could be played in either region as both used the
NTSC NTSC (from National Television System Committee) is the first American standard for analog television, published and adopted in 1941. In 1961, it was assigned the designation System M. It is also known as EIA standard 170. In 1953, a second ...
format for broadcast. These shows were not translated; however, Japanese animations remained simple enough that the average viewer could discern the plot exclusively from the visuals. By 1979, fans and clubs of Japanese animation had begun to separate from the science fiction movement and began to refer to the media they watched as anime. Throughout this period it was considered socially acceptable to screen anime for an audience without the publisher's consent, as few companies had American offices, and the few that did would invariably refuse to grant permission. Japanese companies made it apparent that they knew fans in the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
engaged in unauthorized distribution and screening, but also knew that fans were not profiting. Japanese companies asked fans to help them publicize; for instance,
Toei Animation is a Japanese animation studio primarily controlled by its namesake Toei Company. It has produced numerous series, including '' Sally the Witch'', '' GeGeGe no Kitarō'', '' Mazinger Z'', '' Galaxy Express 999'', '' Cutie Honey'', '' Dr. Slu ...
asked the C/FO to aid it with some marketing research at
San Diego Comic-Con San Diego Comic-Con is a comic book convention and multi-genre entertainment event held annually in San Diego, California, at the San Diego Convention Center. Founded in 1970, originally showcasing primarily comic books and science fiction/fant ...
. Starting in 1978, Japanese companies tried to set up their own American divisions; however, with the exception of the film '' The Sea Prince and the Fire Child'' which was licensed to RCA/Columbia Pictures Home Video, they realized they were not going to succeed in the American market and the last American anime company branch closed in 1982.


Growth of anime fanclubs (1980s)

After anime companies pulled out of the United States in 1982, there were no longer any legal or moral forces to discourage fans from copying and distributing tapes among themselves. From the late 1970s until the late 1980s, clubs began expanding to have chapters in other cities and grew to become of national and international scales. As the fandom grew, fans begun to experience ideological conflicts such as whether to keep the fandom niche or not. The visual quality of tapes began to degrade as fans made copies of copies; by the early 1980s some C/FO members reported tapes in their 15th to 20th generation that were extremely poor quality. In the mid to late 1980s, fans began to make booklets containing the translated dialogue for entire films (typically $2–3 to cover costs) and anime-focused magazines. Despite numerous attempts, any efforts to convince US companies to license Japanese animation failed, with the exception of a handful of companies that were intent on "carving up" series to rewrite them into children's cartoons. Sean Leonard states that entertainment executives at the time mistakenly believed that anime were, like Western cartoons, predominantly aimed at young children; furthermore, Japanese animated dramas and such were much too violent and complex in plot for children. Leonard states that the most notorious example was the translation of ''Warriors of the Wind'', released in the US in 1985, which left its creators
Hayao Miyazaki is a Japanese animator, filmmaker, and manga artist. He co-founded Studio Ghibli and serves as honorary chairman. Throughout his career, Miyazaki has attained international acclaim as a masterful storyteller and creator of Anime, Japanese ani ...
and Isao Takahata appalled; Takahata exclaimed that licensing Nausicaä was a huge error and that no further
Studio Ghibli is a Japanese animation studio based in Koganei, Tokyo."Studio Ghibli Collection - Madman Entertainment". ''Studio Ghibli Collection - Madman Entertainment''. Retrieved 2020-12-14. It has a strong presence in the animation industry and has exp ...
produced films would be licensed internationally. These edits however were no worse than most other non-Disney animation films that were available in the US. Fans who obtained the Japanese originals of ''Nausicaä'' were inspired to organize an anime tour to Tokyo in 1986 to see Miyazaki's '' Laputa: Castle in the Sky'' and landmarks in anime. Carl Macek played a key role in expanding the North American anime fandom. Macek ran a comic book and movie memorabilia specialty shop. After assisting in marketing and promotion of '' Heavy Metal'' and the recent establishment of a nearby C/FO chapter, he began researching Japanese animation and imported Japanese cels, becoming known as a Japanese animation specialist. Harmony Gold, who had acquired international licenses for several series and planned to distribute them in Latin America, Europe, and the US, reached out to Macek and enlisted his help for the US market. After noticing Harmony Gold's selection of ''
Macross is a Japanese science fiction mecha anime media franchise/ media mix, created by Studio Nue (most prominently mecha designer, writer and producer Shōji Kawamori) and Artland in 1982. The franchise features a fictional history of Earth and t ...
'' and similar science fiction series, Macek obtained Harmony Gold's approval to edit three anime series together into a single unified series named ''
Robotech ''Robotech'' is an American-Japanese science fiction Media franchise, franchise that began with an 85-episode anime television series produced by Harmony Gold USA in association with Tatsunoko Production; it was first released in the United St ...
''. Macek went to science fiction conventions to promote the series and discovered a growing cult following among adolescents and young adults, in contrast to his initial assumption that the series could be exclusively targeted toward children. Macek edited ''
Macross is a Japanese science fiction mecha anime media franchise/ media mix, created by Studio Nue (most prominently mecha designer, writer and producer Shōji Kawamori) and Artland in 1982. The franchise features a fictional history of Earth and t ...
'', ''
Southern Cross CRUX is a lightweight x86-64 Linux distribution targeted at experienced Linux users and delivered by a tar.gz-based package system with BSD-style initscripts. It is not based on any other Linux distribution. It also utilizes a ports system to ...
'', and '' Genesis Climber MOSPEADA'' together into ''Robotech'', which became a major commercial success and earned him significant recognition within the fanbase. Leonard describes ''Robotech'' as being more faithful to the original series than any other commercially successful North American anime release in its era, noting that ''Robotech'' included key elements such as the first love triangle on both Japanese and American animated television. The C/FO was at its height between 1985 and 1989, with over three dozen chapters throughout the US. John Renault helped lead the C/FO chapter in Japan and played a key role throughout fansub history due to his Japanese fluency, anime industry contacts, and military background. Renault helped exchange raws from Japan, wrote informative articles about production, translated booklets, introduced military techniques to anime distribution, and provided plot synopses that proved invaluable for watching Japan-exclusive anime. Fan distribution through C/FO's efforts, particularly C/FO Rising Sun, sought to keep anime free (but controlled within the C/FO organization) in order to promote Japanese animation. Bootlegging at the time was economically infeasible; accordingly, access to anime in North America was heavily dependent on one's contacts within anime fan communities, leading to a growing divide in fandom between the "haves" and "have-nots". In 1989 members began to accuse Patten of disloyalty for writing articles for general magazines rather than the perpetually behind-schedule C/FO fanzine. However, Patten felt that, by writing for popular magazines, he was furthering their cause to proselytize and promote anime. After Patten stepped down with no clear successor, the C/FO began to break apart, and eventually ceased to exist as a conglomerate in July 1989.


Early fansubs (1980s)

The first known fansub documented at the Rising Sun chapter of the C/FO was in 1986 of a ''
Lupin III , also written as ''Lupin the Third'', ''Lupin the 3rd'', or ''Lupin the IIIrd'', is a Japanese media franchise created by Monkey Punch. The series follows the endeavors of master thief Lupin III (character), Lupin III, grandson of gentleman t ...
'' episode produced on the
Amiga Amiga is a family of personal computers produced by Commodore International, Commodore from 1985 until the company's bankruptcy in 1994, with production by others afterward. The original model is one of a number of mid-1980s computers with 16-b ...
, marking the introduction of the formula for the process of fansubbing. However, fansubbing was extremely expensive at this time (on the order of $4000 in 1986 and over one hundred hours). There were a few ventures into subtitling in the late 1980s; Leonard labels the fansub of the first two episodes of ''
Ranma ½ is a Japanese manga series written and illustrated by Rumiko Takahashi. It was serialized in ''Weekly Shōnen Sunday'' from August 1987 to March 1996, with the chapters collected in 38 volumes by Shogakukan. The story revolves a ...
'' in May 1989 as the earliest widely distributed fansub.


Distribution and playback (1990s, early 2000s)

In the late 1990s and early 2000s, fansubs were primarily distributed through physical means like VHS or Beta tapes and mailed CD-Rs. Many fans did not have high-speed Internet and were unable to download large files. Many of the early digital fansubs were made from regular tape subs. In the mid-2000s, most fansubs were distributed through IRC channels,
file hosting service A file-hosting service, also known as cloud-storage service, online file-storage provider, or cyberlocker, is an internet hosting service specifically designed to host user files. These services allow users to upload files that can be accessed o ...
s and
BitTorrent BitTorrent is a Protocol (computing), communication protocol for peer-to-peer file sharing (P2P), which enables users to distribute data and electronic files over the Internet in a Decentralised system, decentralized manner. The protocol is d ...
. In recent years, most fansub groups have moved from IRC to
BitTorrent BitTorrent is a Protocol (computing), communication protocol for peer-to-peer file sharing (P2P), which enables users to distribute data and electronic files over the Internet in a Decentralised system, decentralized manner. The protocol is d ...
distribution. Dedicated anime trackers make finding the latest releases easy, while groups often have their own websites for release updates. File size standards are less strict due to the lack of
CD-R CD-R (Compact disc-recordable) is a digital media, digital optical disc data storage device, storage format. A CD-R disc is a compact disc that can only be Write once read many, written once and read arbitrarily many times. CD-R discs (CD-Rs) ...
and
DVD-R DVD recordable and DVD rewritable are a collection of optical disc formats that can be written to by a DVD recorder and by computers using a DVD writer. The "recordable" discs are write-once read-many (WORM) media, where as "rewritable" discs a ...
reliance.


Legal and ethical issues

Hye-Kyung Lee, a lecturer at
King's College London King's College London (informally King's or KCL) is a public university, public research university in London, England. King's was established by royal charter in 1829 under the patronage of George IV of the United Kingdom, King George IV ...
, states that anime fansubbers embody the general characteristics of fans described by John Fiske: fansubbers are motivated by a strong affection for anime, devotion to sharing it with other fans, a sense of community interaction with their viewers, a desire to work collaboratively in a group, and a strong desire to support the local animation industry by promoting anime culture and widening anime's accessibility. Lee describes fansubbers as involved in productive activities that enhance their knowledge of anime, improve their skills, and develop a final product. The goal of the first anime club, Cartoon Fantasy Organization, and its subsequent chapters was to proselytize and promote anime. Sean Leonard and Lee agree that without fan distribution that began in the 1970s and 1980s, the anime industry would not take off as it did in the 1990s. Some companies such as Protoculture Addicts with its titular magazine and
Viz Media Viz Media, LLC is an American entertainment company headquartered in San Francisco, California, focused on publishing manga, and distribution and licensing Japanese anime, films, and television series. The company was founded in 1986 as Viz, ...
with '' Animerica'' drew their origins from anime club fanzines in the early history of fansubs. Lee describes an unspoken rule in the early fan community: "once the anime was licensed the fansubbed version should no longer be circulated". As a result, many fansubbers do not view themselves as pirates. Sean Leonard distinguishes fansubs from bootlegs in this period, arguing that fansubs followed that unspoken rule, whereas bootlegs aimed to make a profit. Many fansubs began to include a "This is a free fansub: not for sale, rent, or auction" disclaimer as a response to bootleggers, and would encourage viewers to buy official copies. As fansubbing was so expensive in the 1980s, and official Western releases of anime were rare and often poor-quality, bootlegging tended to be financially infeasible during this period. Early fansubs would often have markedly worse visual quality than official releases, as the VHS tapes of fansubs would deteriorate from repeated copying; this reduced the level of competition between fansubs and official releases. During the 1980s, US publishers typically found fansubbing useful for testing demand and broadening their fanbase, whereas Japanese publishers treat fansubbing as something remote and insignificant. Lee states that some Japanese producers even praised fansubbers' efforts at promoting their work overseas. However, ongoing technological advancement complicated that relationship. As subtitling became more affordable in the 1990s, both fansubbing and official Western releases of anime enjoyed an upswing. Further advances in the twenty-first century made each step of the fansubbing process easier and cheaper, and the visual standards of fansubs improved dramatically. These technological developments were also coupled with shifts in how fansubs were produced and distributed. Fansubs began to be shared mostly online, first on
IRC IRC (Internet Relay Chat) is a text-based chat system for instant messaging. IRC is designed for group communication in discussion forums, called '' channels'', but also allows one-on-one communication via private messages as well as chat ...
and then over
BitTorrent BitTorrent is a Protocol (computing), communication protocol for peer-to-peer file sharing (P2P), which enables users to distribute data and electronic files over the Internet in a Decentralised system, decentralized manner. The protocol is d ...
. The move to the Internet also enabled the globalization of the fansubbing community; although English remained the dominant language among fansubbers, the consumption of fansubs expanded worldwide. This globalization was one factor in fansubbers moving away from their earlier aim of not competing against the official releases: because anime might only be licensed to certain international markets, some fansubbers argue that they would be abandoning the rest of the world if they stopped circulating fansubs of series that received official US releases. Fansubbers have also continued to subtitle and release shows owned by companies that significantly edit the shows they own, such as 4Kids. The change in fansubbers' attitudes may also derive from shifts in the attitudes of their consumers: fans began to demand greater immediacy in the digital era, and the lower barrier of entry facilitated the emergence of casual fans who were less willing to purchase and collect DVDs. The anime industry's views on fansubbing hardened as fansubs became more widespread. The 1993
Anime Expo Anime Expo, abbreviated AX, is an American anime convention held in Los Angeles, California and organized by the non-profit Society for the Promotion of Japanese Animation (SPJA). The convention is traditionally held annually on the first we ...
was the first time when US industry representatives publicly discussed the ways in which pre-existing copies were eating into profits. In the 2000s, US companies have gone farther, and directly blamed fansubbers for the decline in DVD sales. Representatives of companies such as
Geneon (abbreviated as NBCUEJ) is a Japanese music, anime, and home entertainment production and distribution enterprise that is a subsidiary of NBCUniversal, owned by American telecommunications/media company Comcast headquartered in Akasaka, Tokyo ...
and ADV Films have publicly criticized fansubs. Japanese copyright holders have also begun to take action against fansubs. The Japanese copyright society JASRAC began requesting takedowns against YouTube-based fansubs during the 2000s, and groups such as
Media Factory , formerly known as , was a Japanese publisher and brand company of Kadokawa Future Publishing. History The company was founded on December 1, 1986, and was a subsidiary of Recruit (Japanese company), Recruit Co., Ltd., based in Shibuya, Tokyo. ...
and
Nippon TV JOAX-DTV (channel 4), branded as (NTV) or Nippon TV, is a Japanese television station serving the Kantō region as the flagship station of the Nippon News Network and the Nippon Television Network System, owned and operated by the , a sub ...
have requested that their works be removed from download sites. Some figures from the anime industry still maintain a positive view of fansubs. For instance, Steve Kleckner of
Tokyopop Tokyopop (styled TOKYOPOP; formerly known as Mixx Entertainment) is an American distributor, licensor and publisher of anime, manga, manhwa and Western manga-style works. The German publishing division produces German translations of licens ...
described fansubs as "flattering ather thanthreatening", and stated that fansubs provided publishers with a means to identify what media their customer base might want to see. Intellectual property lawyer Jordan Hatcher situates fansubs on the boundary between the desirable
doujinshi , also romanized as ', is the Japanese term for self-published print works, such as magazines, manga, and novels. Part of a wider category of ''doujin'' (self-published) works, ''doujinshi'' are often derivative of existing works and created b ...
fan culture and the "massive online file trading so vilified by the recording and motion picture industries". Legal scholar
Lawrence Lessig Lester Lawrence "Larry" Lessig III (born June 3, 1961) is an American legal scholar and political activist. He is the Roy L. Furman Professor of Law at Harvard Law School and the former director of the Edmond J. Safra Center for Ethics at Harvar ...
states that the re-working of culture—remix—is necessary for cultural growth, and points to doujinshi in Japan as an example of how permitting remixes can contribute to a vibrant cultural industry. However, Hatcher states that fansubs are not analogous to this type of remix because their aim is to remain faithful to the original. Furthermore, Hatcher states that fansubs compete with the original cultural product since they have the potential to replace the market need for official translations, thus creating a similar situation to the debate over
peer-to-peer Peer-to-peer (P2P) computing or networking is a distributed application architecture that partitions tasks or workloads between peers. Peers are equally privileged, equipotent participants in the network, forming a peer-to-peer network of Node ...
file trading. Conversely, Henry Jenkins has argued that fansubbing has a positive impact on the anime industry through its function as publicity. Hatcher states that copyright law does not condone fansubs. The Berne Convention, an international copyright treaty, states that its signatories—including Japan—grant authors exclusive right to translation. Hatcher states that fansubs could "potentially" be legal within Japan given the nature of Japan's domestic copyright laws, although the target audience of fansubs is the non-Japanese market. However, Hatcher notes that copyright law in the United States—the frame of reference for most online discussions of fansub legality—construes translations as derivative, and holds that fansubs infringe on the author's right to prepare derivative works and to reproduction by copying original source material.


Legal action

In 1999, Ryuta Shiiki, a former representative of SPE Visual Works Inc. sent a letter to a fansub distribution group to take down the illegal copies of the anime ''
Rurouni Kenshin is a Japanese manga series written and illustrated by Nobuhiro Watsuki. The story begins in 1878, the 11th year of the Meiji era in Japan, and follows a former assassin of the Bakumatsu, known as Hitokiri Battosai. After his work against ...
'', because a company that was interested in the rights of said series notified the Japanese company about the illegal distribution of it. The group complied and the series was pulled from distribution. This is the first legal action via a cease-and-desist letter against a fansub in the United States. In 2002, Hideaki Hatta, president of
Kyoto Animation , often abbreviated , is a Japanese animation studio and light novel publisher located in Uji, Kyoto Prefecture. It was founded in 1985 by husband and wife Hideaki and Yoko Hatta, who remain its president and vice-president respectively. Kyoto ...
, sent a letter to a fansub group requesting the stop of illegal distribution of the anime OAV '' Munto''. The fansub group complied and the distribution stopped. This was the first legal action via a cease-and-desist letter against the fansubbing of an anime title not available outside Japan. However, it was later confirmed that
Central Park Media Central Park Media Corporation, often abbreviated as CPM, was an American multimedia entertainment company based in New York City, New York and was headquartered in the 250 West 57th Street building in Midtown Manhattan (on the corner of Centra ...
licensed the title in the United States. In 2003, a fansubbing group known as Anime Junkies was involved in a conflict with Urban Vision, the licensor and co-producer of the ''Ninja Scroll'' TV series. Urban Vision sent a letter asking for Anime Junkies to stop hosting the licensed material, but Anime Junkies did not comply with the request and responded negatively to Urban Vision. Christopher Macdonald, an editor at
Anime News Network Anime News Network (ANN) is a news website that reports on the status of anime, manga, video games, Japanese popular music and other related cultures within North America, Australia, Southeast Asia and Japan. The website offers reviews and ot ...
, highlighted the ethics code of the fansubbing community and asked that fans not support Anime Junkies as a result of their actions. On December 7, 2004, a
Tokyo Tokyo, officially the Tokyo Metropolis, is the capital of Japan, capital and List of cities in Japan, most populous city in Japan. With a population of over 14 million in the city proper in 2023, it is List of largest cities, one of the most ...
law firm representing Media Factory sent letters and e-mails to the anime
BitTorrent BitTorrent is a Protocol (computing), communication protocol for peer-to-peer file sharing (P2P), which enables users to distribute data and electronic files over the Internet in a Decentralised system, decentralized manner. The protocol is d ...
directory AnimeSuki and fansub groups Lunar Anime and Wannabe Fansubs requesting that they halt the fansubbing and hosting of all current and future fansubbing productions. AnimeSuki and Lunar Anime complied, and shortly after, other fansub groups such as Solar and Shining Fansubs followed suit. Despite the request, Wannabe Fansubs and a handful of other fansubbing groups continued to produce fansubs of MFI anime series. On July 27, 2006, the legal department representing the Spanish anime company Selecta Visión sent a cease-and-desist letter to the anime BitTorrent and fansubbing site Frozen-Layer requesting the halt of the fansubbing and publishing all of current and prior anime licensed by the company. The owner complied and, until 2013, established that all licensed anime in Spain was banned from the site, regardless of the status of the license. In Singapore, anime distributor
Odex Odex Private Limited is a Singapore-based anime distribution company that licenses and distributes anime content for theatrical, home video, and digital platforms. It initially focused on Southeast Asia but now distributes anime films across ...
has been actively tracking down and sending legal threats against internet users in Singapore since 2007. These users have allegedly downloaded fansubbed anime via the
BitTorrent BitTorrent is a Protocol (computing), communication protocol for peer-to-peer file sharing (P2P), which enables users to distribute data and electronic files over the Internet in a Decentralised system, decentralized manner. The protocol is d ...
protocol. Court orders on ISPs to reveal subscribers' personal information have been ruled in Odex's favour, leading to several downloaders receiving letters of legal threat from Odex and subsequently pursuing out-of-court settlements for at least S$3,000 (US$2,000) per person, the youngest person being only nine years old. These actions were considered controversial by the local anime community and have attracted criticisms towards the company, as they are seen by fans as heavy-handed. On May 18, 2007,
Anime News Network Anime News Network (ANN) is a news website that reports on the status of anime, manga, video games, Japanese popular music and other related cultures within North America, Australia, Southeast Asia and Japan. The website offers reviews and ot ...
reported that the police in
Poland Poland, officially the Republic of Poland, is a country in Central Europe. It extends from the Baltic Sea in the north to the Sudetes and Carpathian Mountains in the south, bordered by Lithuania and Russia to the northeast, Belarus and Ukrai ...
and
Germany Germany, officially the Federal Republic of Germany, is a country in Central Europe. It lies between the Baltic Sea and the North Sea to the north and the Alps to the south. Its sixteen States of Germany, constituent states have a total popu ...
seized the fansubbing site Napisy.org arrested at least 9 people related to it. These raids were orchestrated by the Polish Society of the Phonographic Industry (ZPAV), a collective rights organisation, and German authorities shut the site which was hosted on servers in that jurisdiction. In May 2013, that case was closed, as prosecutors decided to drop the charges due to the charged individuals' ignorance of the unlawfulness of their actions. The site Napisy.org is currently closed and it shows sites to watch legal content. On May 19, 2007, the Spanish organization Federación Anti Piratería (FAP) sent a cease-and-desist against the website Wikisubtitles.net and their website provider Bluehost, requesting the closure of the site since the owners were profiting with the content of others, violating copyright laws. The webmaster complied and the site was closed. However, the webmaster published the source-code of the website. Since then, websites like Addic7ed, Subtitulos.es and Wikisubs appeared using the Wikisubtitles source code. On July 9, 2013, the Swedish copyright enforcement agency Intrångsundersökning seized the servers for Swedish and English website Undertexter.se, a website that contained fansub scripts of several movies and series. On 2016, the owner of the website, Eugen Archy was prosecuted of violating the Swedish Copyright Act and was found guilty of copyright violation and the Attunda District Court sentenced him to probation. In addition, he has to pay 217,000 Swedish kronor ($27,000), which will be taken from the advertising and donation revenues he collected through the site. On September 21, 2016, the Kyoto Prefectural Police in Japan arrested two Chinese company workers, Liang Wang and Wangyi Yang, on Wednesday on suspicion of violating the Japanese Copyright Act by uploading the anime series '' The Heroic Legend of Arslan: Dust Storm Dance'' and '' Fate/kaleid liner Prisma Illya Drei!!'' with Chinese subtitles. Both suspects admitted to the charge, and Yang claimed to be a member of a Chinese fansubbing group. This became the first known legal action against fansubbing in Japan. On October 27, 2016, the Kyoto Prefectural Police arrested two Chinese individuals on charges of violating the Japanese Copyright Act. The two suspects were both located in Tokyo. The first suspect is a 29-year-old male living in Edogawa ward. The second suspect is a 23-year-old male college student. According to police, the first suspect is accused of fansubbing episodes of the anime '' Saki: The Nationals'' in Chinese and uploading the subtitled episodes on a file sharing service. The second suspect allegedly subtitled a different anime in Chinese, and similarly used a file sharing service, but the report did not mention the anime. On February 16, 2017, the Kyoto Prefectural Police arrested a 26-year-old Chinese man on the charge of illegally subtitle the anime '' Ange Vierge'' in Chinese and distribute it through a file sharing software. Police allege that the man is a member of the group ''Jimaku Gumi'' ( sic). On April 22, 2017, a judge in
Amsterdam Amsterdam ( , ; ; ) is the capital of the Netherlands, capital and Municipalities of the Netherlands, largest city of the Kingdom of the Netherlands. It has a population of 933,680 in June 2024 within the city proper, 1,457,018 in the City Re ...
, Netherlands, declared fansubtitling illegal. The Dutch court declared that these translations correspond to the producers and no one else. In case they do not exist, they can not be created by fans. After this ruling, the creation of subtitles without the consent of the author of an audiovisual production is now considered a crime in the Netherlands. This is the first ruling in the world that values subtitles as intellectual property and that punishes with fines and imprisonment those who violate copyright laws. On January 31, 2018, Sankei West and ''
Asahi Shimbun is a Japanese daily newspaper founded in 1879. It is one of the oldest newspapers in Japan and Asia, and is considered a newspaper of record for Japan. The ''Asahi Shimbun'' is one of the five largest newspapers in Japan along with the ''Yom ...
'' reported that police departments from Kyoto, Yamaguchi, Shizuoka, Mie, and Shimane Prefectures in Japan, along with the Association of Copyright for Computer Software arrested four Chinese nationals for illegally fansubbing anime, manga and videogames. The suspects, who range in age from 23 to 28, are allegedly part of a translating group that distributed Chinese-translated manga, anime, and other materials online. The titles included '' Yuki Ochimura ni Ojō-sama!'', ''Yu-Gi-Oh! ARC-V'' and '' Kimi ni Todoke''. The Association of Copyright for Computer Software reported that one of the suspects, a 23-year-old female company worker from Niiza City in Saitama Prefecture, translated the 123rd and final chapter of the manga ''Kimi ni Todoke''. Police from Kanagawa, Ishikawa, Gifu, and Shiga Prefectures also worked on the case. This is the first known arrest regarding illegal manga translation in Japan.


See also

*
Fan labor Fan labor, also called fan works, are the creative activities engaged in by fan (person), fans, primarily those of various media properties or musical groups. These activities can include creation of written works (fiction, fan fiction and revie ...
* Fandub * Fan translation *
Scanlation Scanlation (also scanslation) is the fan-made image scanner, scanning, translation, and Image editing, editing of comics from a language into another language. Scanlation is done as an amateur work performed by groups and is nearly always done w ...


Notes


References


Further reading

* *
Volume 12 Issue 2
at eScholarship; .


External links

* * {{Authority control Anime and manga terminology Fan labor Fan translation Subtitling