Celebrating Two Decades of Unlawful Progress: Fan Distribution, Proselytization Commons, and the Explosive Growth of Japanese Animation

Abstract

The medium of Japanese animation is a powerhouse in the world of alternative entertainment. Proselytization by fans ignited the anime movement in America, despite Japanese copyright holders' abandonment of the American market. This historical and legal analysis demonstrates that, in at least one case spanning two decades, fans' continual infringement of copyright spurred the progress of knowledge of and commerce in animation. In light of the evidence, this article proposes a doctrine that recognizes both the value of grassroots activists and the property interests of copyright holders.

Keywords: Japanese animation, anime, intellectual property, copyright, Japan, US, fansub, piracy, commons, progress

JEL Classification: Z1