Legality of Japanese anime unlicensed in the U.S

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I will sometimes find myself in a situation where friends of mine will be watching Japanese anime that is not licensed in the U.S. They obtain these animes by downloading them from various BitTorrent websites. The animes are subtitled in English by fans. I have thus far refused to watch any of these because I have thougth they are illegal. However, my friends continue to insist that this is perfectly legal because the animes are not licensed in the U.S.

Does anyone know whether or not this sort of thing is legal, or where I can look to find out? Thanks for your time!
 
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Alterum:
my friends continue to insist that this is perfectly legal because the animes are not licensed in the U.S.
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That’s silly. Your friends are, in effect, saying, “the copyright holder is not marketing the product here, so we have the legal right to simply take it.” That is neither logically nor legally reasonable (the US does have reciprocal copyright laws with Japan).

The “owner” (author or producer) of a work is not required to make the work available in every market. Failure to license the product in a particular market does not grant a “default license” to those in the uncovered market to simply take the product.

Some may argue that this is a “victimless” crime - after all, the owner does not loose revenue if he doesn’t even sell the product in the US. However, the owner may eventually decide to license the product in the US (or other market). The value of the product would be damaged if many potential customers already had a copy…
 
Guilty here

I download and watch anime from a torrent client. Much of this work will never be licensed in the US or distributed. This is then the only opportunity to see a product wherein the distributor will not make it available at all. To deny access to it simply on the basis of reciprical copyright laws, not found in the Bible 😃 , does injustice to the creator as well as the audience.

Those who do license or those companies who do not wish it to be aired tell the subbers, then those torrent files are then removed. This happened for example with School Rumble, which I had watched and will purchase now if it does get licensed.

On the contrary to not buying, I now commit to buying anime I watch via torrent that eventually comes out in the US.

It seems to me a means of enjoying something I otherwise would never see. I have given this thought, because I do not wish to take from the creators without recompense.
 
Note the take on anime fansubbing.
fortune.com/fortune/print/0,15935,1134596,00.html

It’s been more than a year since Mediaworks sent a letter, just a letter, to animesuki, who immediately complied. and no other corp followed suit.

It’s an interesting phenom.

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I don’t know the religous makeup of Japan, but their anime shows, some at least, still at least recognize chastity as a virtue. I can’t find an analogue on western TV. Most of TV I shouldn’t watch because it is impure. (Not a justification, just a sidebar and venting a bit)
 
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MichaelTDoyle:
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I don’t know the religous makeup of Japan, but their anime shows, some at least, still at least recognize chastity as a virtue. I can’t find an analogue on western TV. Most of TV I shouldn’t watch because it is impure. (Not a justification, just a sidebar and venting a bit)
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I’ve been wresling with the fansub question lately. After some research from what I understand there is no question that is in fact illegal. I found this out after downloading an episode of Honey and Clover. It was really good and am tempted to download the rest of the series. It is not licensed in the US and from what I gather is a longshot to ever come to our shores. I think this issues deserves some more debate. What do you guys think of the sinfulness of downloading stuff like this?
As far as the sidenote I also read that only 1% of Japan is Christian but I am interested in the titles that you are referring to that recognize chastity as a virtue. I’d love to check them out.
 
My cousin is a philosophy professor in Sophia University at Koyoto, he is also a priest. he tells me that the japanese follow a token kind of Buddhism, with no deep or profound belief systems. They are superstitious though - believe in luck, signs, and such like.
 
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MichaelTDoyle:
Guilty here

I download and watch anime from a torrent client. Much of this work will never be licensed in the US or distributed. This is then the only opportunity to see a product wherein the distributor will not make it available at all. To deny access to it simply on the basis of reciprical copyright laws, not found in the Bible 😃 , does injustice to the creator as well as the audience.

Those who do license or those companies who do not wish it to be aired tell the subbers, then those torrent files are then removed. This happened for example with School Rumble, which I had watched and will purchase now if it does get licensed.

On the contrary to not buying, I now commit to buying anime I watch via torrent that eventually comes out in the US.

It seems to me a means of enjoying something I otherwise would never see. I have given this thought, because I do not wish to take from the creators without recompense.
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Many Catholic interpretations of the commandment to honor thy mother and father extend to an obligation to obey the laws of legitimate government. I have seen Jesus’ words to “Give to Caesar…” interpretated in the same way. I don’t think your intent to buy these products when/if they become available removes this obligation. And, honestly, do you intend to buy the anime that you haven’t enjoyed when it becomes available?

Further, without seeming melodramatic, you risk destroying your life financially. No, governments and corporations don’t tend to go after individual copyright violators too often. But, when they do, they’re looking to make examples, and they don’t take half measures. Fines of $50,000 are common. And you can argue the moral implications all you want, but, if prosecuted, the “aliens made me do it” defense would serve you better than the one you offer here.
 
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