Founder Of Fan-Subtitle Site 'Undertexter' Loses Copyright Infringement Appeal
from the sinnesjuk dept
Just a quick update on the current craziness going on in the Swedish court system. In the middle of 2017, we wrote about the Swedish authorities raiding the offices of Undertexter, a site that provides fan-created subtitles of movies. Many people were confused by this, but the film industry has long branded fan-made subtitles as contributors to piracy, allowing people in foreign countries to download films and append the subtitles to watch them, rather than buying the localized version. The industry also argues that these subtitles are themselves copyright infringement, as they essentially reproduce the film's script in another language.
Founder Eugen Archy was convicted of copyright infringement. Ever the fighter, he appealed, but now we learn that Archy has lost his appeal as well.
On appeal, Archy agreed that he was the person behind Undertexter but disputed that the subtitle files uploaded to his site infringed on the plaintiffs’ copyrights, arguing they were creative works in their own right.
While to an extent that may have been the case, the Court found that the translations themselves depended on the rights connected to the original work, which were entirely held by the relevant copyright holders. While paraphrasing and parody might be allowed, pure translations are completely covered by the rights in the original and cannot be seen as new and independent works, the Court found.
The Svea Hovrätt also found that Archy acted intentionally, noting that in addition to administering the site and doing some translating work himself, it was “inconceivable” that he did not know that the subtitles made available related to copyrighted dialog found in movies.
Now, the good news is that losing this appeal only results in his original conviction and punishment of probation and a $26,000 fine. All told, that isn't the craziest punishment we've seen for copyright infringement. Those caveats aside, let's all remember that Undertexter gave away the fan-translations it hosted. The site didn't sell them. They were offered for free. And for the crime of providing free translations in markets that are often underserved by Hollywood, he now has a copyright infringement conviction on his record and a five-figure bill to pay.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: copyright, fan subtitles, fans, subtitles, sweden
Companies: undertexter
Reader Comments
Subscribe: RSS
View by: Time | Thread
New anti-piracy campaign
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
Unlike what tp and out_of_the_blue would like to believe the reviews would qualify for fair use. The problem is some judges are dumb enough to believe anything a copyright plaintiff says.
[ link to this | view in chronology ]
Re: Re: Re:
It's not that they're simply "dumb" - many federal judges once worked as hired hitmen for Hollywood, so it's not surprising that they remain sympathetic to their former "family."
[ link to this | view in chronology ]
What's Up, Tiger Lily?
That's right Woody Allen's first feature film What's Up, Tiger Lily? he did exactly this, re-dubbing a Japanese spy thriller International Secret Police: Key of Keys into an entirely different story.
I approve. I think there's a vast demand for transformational revisions of Hollywood media. Most of those movies are risk-adverse media-as-product crap anyway, and can use the touch of a rogue artist.
It's even better if it's illegal.
[ link to this | view in chronology ]
Re: What's Up, Tiger Lily?
http://www.imdb.com/title/tt0107103/
Anyway, yeah some of those movies would do better as comedies since it's so hard to take some of them seriously anyway.
[ link to this | view in chronology ]
It would be interesting to see what would happen in the case of a very bad movie of a very popular franchise, a "pirate" who re-edits the film and replaces the dialog, and ends up with a product that fans greatly prefer to the official Hollywood version.
And it would not be hard to improve something like 1997's Batman & Robin, with it's cringingly stupid dialog and subtle but pervasive homosexualization that committed extreme offense to fans of that genre.
[ link to this | view in chronology ]
Re: Rewriting the Script
However, altering the script and adding it to the movie would be creating a derivative work, which would be copyright infringement.
So ****ed if you do, ****ed if your don't.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Which only makes sense if you ignore reality and split the world up into your preferred easy to manage pieces. When reality intrudes, you will find that people have many interested that go beyond whatever a studio is happening to be trying to sell them at that moment in time. In this case, there are reasons for which they will want to buy a version with subtitles in languages other than the one where they live.
Perhaps they are learning a new language not covered by the official local version, or they need teaching materials to help other do the same. Perhaps they are travelling, and want to access something they can understand since their native language isn't supported locally. Perhaps they have moved country altogether but don't wish to be completely isolated from their native tongue. The people in charge of these studios may be people who only bother to learn one language or live in one place all their lives, but their audience may not be.
These are all niche requirements, you may argue. Well, so is the site in question. This is all compounded by the fact that fan subs are often higher quality than the official version if a localised one is available anyway, but the basic driver for such sites is that the version a person wants to buy is not available in their location. Offering that would yet again be more sensible than shutting down the unapproved version before offing a legit option. Saying "you live in the wrong place to get what you wish to buy" is never going to be a winning argument when trying to get a customer to buy from you.
So, yet again - a fan doing something to benefit other fans in his area of interest, causing no real harm but providing some real benefits. Shut down because the industry would rather dictate to its fans what they should be buying, rather than offer what they really want.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
There was so little chance of getting any anime getting a full VHS release back then, not to mention subbed with the original audio, that fansubbing was literally the only way of getting a half-decent version of an anime to Western shores.
Same should apply here. If there is demand enough for someone to sub it, same "rules" from those old days probably apply: Buy it once there's an official version to support the original creators.
Sometimes the fansub itself is also the catalyst to others demanding an English-subbed/dubbed version, less so nowadays with high-quality anime streaming services like Crunchyroll, but I'm sure it still happens.
[ link to this | view in chronology ]