Recently, fast movie-related video channels have been closed one after another.
I think the background to this is that news of the arrests and arrests of fast filmmakers has become widely featured.
Regarding non-legal content, of course, we will continue to crack down on it, but it has become clear that there is a demand to grasp the content of movies in a short time, so legal fast movies may come out in the future.
In any case, I think that it is content that requires permission from the right holder of the movie to be used, so this time I would like to explain which point of fast movie content is a copyright issue.
* The fast movie also includes the so-called “spoiler” element, but the question of whether “spoiler” is good or bad, because the morals and manners are large, I will not discount it.
What is Fast Movie?
Before we explain the problem, let’s review what a fast movie is in the first place.
Fast movies are short-duration videos that use movie footage or still images and introduce almost all of the movie’s stories with subtitles and narration without the permission of the movie rights person.
Not only movies, but also similar videos using TV and tv series, anime, etc. may be classified as “Fast Movies”.
Organize your points with bullet points.
1． It is a short video
2． Using images and still images without permission from the right person of the work
3． Introduce the story of the movie with its own subtitles and narration
4． Designed to tell the full story
I think that there are various interpretations depending on the person, but I would like to explain which point is the problem mainly based on these four characteristics.
By the way, if the material used does not belong to the copyrighted work in the first place, it will not be copyright infringement.
If you are interested in what is defined as a copyrighted work, please see this article.
What is a quote?
In the explanation, I will introduce it because only one more premise knowledge is necessary.
※ I already know! You may skip it.
It is a quote.
“It’s funny that even when the summary videos of books are not being cracked down on, only fast movies are being cracked down on. In the first place, it is a category of quotation, so there is no problem.”
Therefore, I will introduce how “citation” under the Copyright Act is defined.
What are copyright law citations?
If only a part of the work is posted as a reference, and the following conditions are met, it will be a “citation” and will not constitute copyright infringement.
(1) It is a published work
(2) Conform to fair practices
(3) To be carried out to the extent justifiable for the purpose
(1) It is a published work
Note that works that meet the conditions of (2) and (3) but have not been published (for example, quoting a passage from a book that has not yet been published) are not considered “citations”.
(2) Conform to fair practices
The expression of this condition is quite ambiguous, but “specifying the source (to specify”~~~~~”, etc.) and “do not modify the content” are considered to be included in this condition, and it is a good point to suppress it.
(3) To be carried out to the extent justifiable for the purpose
This condition is also part of several elements.
When others see it, you need to be able to distinguish where is a quote and where is not. (Clarity)
For example, you can enclose only the quoted part with “”, or italic only the citation part.
It must also meet the requirement to quote. (Inevitability)
For example, if you want to give your impressions about a sentence that came out in a novel, there is a need to quote that sentence, but it is subtle that it is necessary to quote even illustrations, so if you put an illustration, it may not be recognized as a quotation.
In addition, in order to be recognized as a citation, the body must be the main and the source is sub, and so on. (Main relationship)
For example, if the ratio of the original work to the video that provides impressions and explanations of the work is higher than the impression or explanation, it will not be considered a citation because the source appears to be the main source and the text is sub.
Explanation of copyright issues
Now that you know the characteristics of “fast movies” and the definition of “citations”, we will look at which points are copyright infringement for each feature of fast movies.
1． It is a short video
This feature is because of the “fast” of fast movies, but just because it is a short video, there is no copyright problem. Once this item is ignored as not related.
2． Using images and still images without permission from the right person of the work
This is basically copyright infringement.
It is safe to obtain permission directly from the right-bearer or to use materials that are officially called “may be used”, but other materials will be copyright infringement if you do not obtain permission.
If there is “inevitability” in “citation”, it may not be copyright infringement, but it is rare that criticism and impressions cannot be described without images and images of various scenes, and if the majority of the content is unauthorized use video or still images, “master-related relationship” will collapse, so it should be considered quite difficult to fall into the category of “citation” to use plenty of images and still images in fast movies.
3． Introduce the story of the movie with its own subtitles and narration
There are cases where copyright infringement occurs and cases where it is not.
“Introducing a movie story” and “using only a certain number of lines” will be fine because the portion that the video creator includes as a supplement to criticize or comment on the work is included in the category of “inevitability” of “citation”.
The case where there is a problem is “introduce the full line” or “trace the story in detail”.
This is more likely to be copyright infringement because it goes beyond the “inevitability” and “master-cousin” categories of “citations”.
By the way, when it comes to “own subtitles and narrations”, regardless of whether the fast movie is copyright infringement, the copyright of the producer who considered “own subtitles and narration” may be granted.
4． Designed to tell the full story
This is also copyright infringement.
It is very likely that citations will be accepted to “introduce some stories for video creators to critique, comment, and explain.”
However, fast movies are not designed to give criticism or impressions in the first place, so they do not fall within the category of “master-cousin relationships” in “citations”, and are likely to be copyright infringement.
Differences from “I tried singing” and “I played it”
In the opinion of those who have no problem with fast movies, there is something that “I’m allowed to sing and play, so there’s no problem with fast movies.”
However, from the copyright point of view, there are clearly different points from “I tried singing” and “I played it”.
Let’s take a look at that as well.
“I tried singing” and “I played it” are done under the permission of the right person.
Music copyrights are more actively managed by copyright management organizations such as JASRAC and NexTone than other copyrighted works.
Most commercial music released by record companies is “trusted” by music rights management organizations.
By “trust”, a copyright management organization can license the use of the work on behalf of the right holder and collect the royal fee, and a mechanism has been made in which the collected royal fee is distributed to the right holder.
In the mechanism, the use of music is licensed by the user paying the usage fee by contracting with the copyright management organization and the user of the music.
Platforms such as Youtube have contracted with music copyright management organizations about users’ use of music on the platform, so “I tried singing” and “I played it” etc. are done indirectly but with the permission of the right holder.
On the other hand, for film and other video works, there is no centralized control of the scale so far, and if you try to obtain permission, you must directly grant permission to the right person of the work you want to use.
Youtube and the like do not grant permission to all rights users of video works, so you must directly grant permission to the right person.
In this way, in video and music works, the situation regarding permission to use is completely different, so it can be said that it is difficult to assert the legitimacy of fast movies by using “I tried singing” and “I played it”.
“I sang” and “I played” are not all allowed.
In addition, there are some things to be aware of, not that you can use any method of use of music.
The typical one is the so-called “original rights”, and since it is not “trusted” by the copyright management organization, if you want to use the sound of commercially available CDs and distributed sound sources as it is, you still need to obtain permission directly from the right holder.
If you are interested in this topic, I think that you can see the following article.
Summary, feeling
I explained which points correspond to copyright infringement by the characteristics of fast movies.
The content of a fast movie is basically not a “quote”, and uploading it will definitely be considered copyright infringement.
Due to the withering effects of the multiple crackdown reports, fast movie channels have been shut down one after another.
At the same time, it was recognized that the need to grasp the contents of the film in a short time was increasing.
Illegal fast movies should continue to be cracked down on, but I feel that exploring ways to deliver legal fast movies in parallel will create a new culture and business opportunities.
Thank you for reading to the end.
* The information described is current at the time of posting the article and is subject to change in the future.
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