Download Anime Music
Melia Hazinski
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My husband, Jarred, was into anime from a younger age and after we graduated college we started watching more together. We actually watched through the anime series Fruits Basket during our honeymoon haha!
AMVs typically take ripped footage from anime movies, TV shows, and video games and re-edit them using brief clips no more than a couple seconds in length each set to music, telling a new story by juxtaposing video clips with the beat and lyrics of the song that emphasize different aspects of the original plot. Because this heavy re-editing is so obviously transformative, there is a very strong case to be made that the video portion of AMVs constitutes fair use. Running down the four criteria for fair use in US copyright law, we get the following:
Under copyright law, published materials are more likely to allow fair use than non-published works, and factual works are more likely than artistic works. In this case, the original copyrighted material (anime footage) is published (counting in favor of fair use) artistic work (counting against fair use). However, this factor is the least significant of the four, and can be outweighed by the other three.
This is often the most important prong of the fair use test, and together with the first prong is the one most strongly in favor of AMVs as fair use. In the case of non-commercial works, the burden of proof is on the copyright owner to prove harm to the market or value of the work (Sony Corp. v. Universal City Studios). In the case of AMVs, the small amount of footage used, the reordering of brief clips, and the absence of the original audio track makes it almost impossible for an AMV to be a substitute for the original work (i.e. nobody would watch the AMV instead of the original work). There is also no market for licensing anime clips for use in amateur music videos. Thus AMVs would be highly unlikely to have a negative impact on the market for the original work. In fact, they are more likely to have a positive impact on sales of the original, as they would increase interest in the original work and drive increased sales, effectively acting as a free promotion for the source anime. This factor also weighs heavily in favor of fair use.
Because the video track of AMVs is non-commercial, highly transformative, uses only a small portion of the original, and has no negative impact on the market for the original, there is a very strong case that the video portion of AMVs constitutes fair use.
Two notes, however. First, in cases where an AMV creator had to break the copy protection on a DVD to obtain the source footage, that would be illegal as they violated the anti-circumvention provision of the DMCA, which prohibits any circumvention of copy protection regardless of whether or not the use is fair. Second, because AMV creators are usually their most avid fans and they wish to avoid upsetting them, anime creators are highly unlikely to ever mount legal challenges against AMVs. Thus the video portion of an AMV will likely never be the subject of copyright action. The most likely threat comes from the owners of the copyright for the audio track, to which I now turn.
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Authorship and Copyright Notice: This site is maintained by Patrick McKay, a Colorado attorney with a law degree from Regent University in Virginia Beach, Virginia. It is not affiliated with Regent Law School or any organization linked to or referenced herein. All original content on this site is licensed under a Creative Commons Attribution 3.0 license. You are free to distribute it and modify it as you wish, provided you attribute it to this site.
The anime song genre was first defined as a musical category in the 1970s. It later gained popularity from the public when mainstream artists begin releasing songs as tie-ins for anime series. By the 1990s, it became redefined as a separate genre when companies began creating record labels that would exclusively produce anime songs for their series and artists. The increase in voice actors beginning in the mid-2000s led to growing market interest in the genre.
The Dull Sword (1917), by Jun'ichi Kōuchi, is regarded as the earliest surviving animated film in Japan. Noburō Ōfuji's Kuroi Nyago (1929) is the first Japanese animated work to include music. The film includes characters dancing to a prerecorded song, retroactively seen as the prototype of anime songs.[1]
Following World War II, the 1950s and 1960s saw a revival in entertainment and cultural development.[1] In 1963, Astro Boy premiered and subsequently, the theme song "Theme of Astro Boy" became well-known to the Japanese public due to it being used as the departure song at Takadanobaba Station.[1] The song was also notable due to the lyrics being written by poet Shuntarō Tanikawa.[1]
Japan's economic growth in the 1970s led to more cultural development, and people who exclusively sang theme songs for anime were known as "anime song singers."[1] Despite the lack of public appearances from the singers, theme songs from the series Mazinger Z, Space Battleship Yamato, and Candy Candy became known to the Japanese public, even outside of fans who watched the shows.[1] At the same time, Mobile Suit Gundam voice actors Toshio Furukawa and Toru Furuya gained a large female fanbase with through Slapstick, a vocal unit consisting of voice actors from the show meant to its theme songs.[2][3] While anime theme songs originally used the name and settings from the series of which they were based, this led to the lyrics of anime songs being centered on the characters' thoughts and feelings for more universal appeal and allowing for context outside of the original animated work.[1]
At the height of Japan's bubble economy, in the 1980s, musicians outside of the anime industry began performing theme songs for anime.[1] In 1984, the single "Ai Oboete Imasu ka", which was released for Macross under the character Lynn Minmay's name, charted at #7 on the Oricon Weekly Singles Chart.[1][4] Furthermore, Cat's Eye (1983) received widespread media attention for having Anri, a singer whose activities had no connection to the anime industry, perform its theme songs.[1] Likewise, TM Network, a band who were active outside of the anime industry, received media attention when their 1987 song "Get Wild" was released as the theme song to City Hunter.[1] As a result of the song's popularity, TM Network were invited to the 72nd Kohaku Uta Gassen to perform it.[1] From then on, mainstream artists releasing tie-in songs for anime became common.[1]
Following the collapse of the bubble economy in Japan, labels exclusively dedicated to exclusively producing anime songs were formed, most notably King Records' Starchild label.[1] This was in part due the "Being Boom [ja]" phenomenon named after Being Inc., which gained a fanbase after their artists Zard and Maki Ohguro released songs that were well-received by the public.[1] Yoko Takahashi, who was part of the Starchild label, released "A Cruel Angel's Thesis" as the theme song for Neon Genesis Evangelion (1995), and the song's popularity led to audiences outside of anime fans to recognize it.[1] In addition, as popular music from Japan shifted from kayōkyoku to J-pop, anime song singers, such as Masami Okui, began incorporating J-pop sounds into her music.[1] Among others, voice actors such as Hekiru Shiina, Mariko Kouda, and Megumi Hayashibara were also active in singing in addition to voice acting.[2] Some voice actors also formed their own groups and perform theme songs to other anime series, such as Minami Takayama with Two-Mix.[5]
As more late-night anime series were being produced in the 2000s, Yui Horie, Yukari Tamura, and Nana Mizuki, who were signed with King Records, were produced and marketed as idol singers and voice actors by the record label.[2][7] During the mid-2000s, there was a "voice actor boom",[1] in addition to a period known as the "Idol Warring Period", a phenomenon named after a rapid growth in the idol industry.[8] Mizuki's "Eternal Blaze" reached #2 on the Oricon Weekly Single Charts in 2005, and shortly after, the release of "Hare Hare Yukai" in 2006 led to the "Haruhi boom" mainly because of the animated dance sequence in the show's ending.[1] In the following years, there was a substantial increase of voice actors in anime, and anime songs as a whole became more widely known to the general public.[1] The anime song industry shifted to recruit young girls who were able to have an "idol" presence, naming Riisa Naka, Koharu Kusumi, and Aya Hirano as examples.[7]
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