Anime Copyright Strikes: When Are They Worth It? A Kadokawa Case Study.
As a brand owner, it can be tempting to adopt a zero-tolerance policy when it comes to allowing others to use any part of your IPs. But what happens when that strategy is used against your biggest fans? What happens when you as the brand owner offer no viable alternative or even a source of clear communication? Is it still worth it then?
Below we’ll explore some of these challenging questions as they relate to both the Anime Industry and Anime Content Creators. Specifically, we’ll cover a recent example involving strikes taken against a large amount of Re:Zero Anitubers in early 2021.
Temptation to Strike
In the moments when you first see your IP being used online without your express permission, approval, or guidance, it can feel almost insulting. Emotion understandably overwhelms many rights holders, leading them to hit the creator with a copyright strike before thinking through the why — what caused this creator to create using your IP? What culture exists around your IP that makes it so desirable? What laws and social constructs exist that drive so many to feel that it is perfectly legal for them to use parts of your content online?
We get it, it’s tough to consider these questions in the heat of the moment. But the answers could affect your brand in ways that you might not expect— should you fall victim to the knee jerk reaction.
Emotion understandably overwhelms many rights holders, leading them to hit the creator with a copyright strike before thinking through the why.
Fallout From Copyright Strikes
A ton of negative press can occur when a brand advocate is hit with a copyright strike, which is why it is worth pausing and considering whether slamming down the hammer is really worth it.
The Kadokawa Strike
Rather than speaking through hypotheticals, we’ll describe a true and recent case where KADOKAWA CORP, a Japanese media conglomerate, struck a ton of Anitubers (YouTubers who post anime related content) for using parts of their IP’s, especially pertaining to Re:Zero content, on their channels back in January of 2021. (If you’re new to Anime Content Creators and the type of content they produce, give this a quick read).
Among those struck were popular Anituber channels AniNews (404k subs), 414Anime (108k subs), AnimeOT (14.7k subs), and The Shuckmeister (229k subs). All of these strikes were done suddenly and without prior warning or communications.
All of these strikes were done suddenly and without prior warning or communications.
Below you’ll see the notice that AniNews received:
As you can see, Kadokawa took down at least 5 of the videos created by AniNews resulting in a Copyright Strike. Copyright strikes are enormously important on YouTube because if an account hits 3 — the channel is subject to termination.
The Fallout
Needless to say, many creators took to their most powerful tool, social media, to make their viewers aware of the situation. From creating YouTube videos expressing their shock, hurt, and anger towards Kadokawa, to posting on Twitter and other socials, there is no shortage of responses and reactions that rights holders of today can learn from.
Check out Ben’s response to the strike that AniNews received which emulates the concern and confusion over why anime content creation is okay for some creators, and not others.
Ben shows how much it hurts Content Creators to hear that all of their hard work just doesn’t matter — because they aren’t “celebs” yet. This is noteworthy because while many Anitubers get struck by copyright, not all of them do. And people are beginning to take notice.
In fact, complicating the issue even further, TrashTaste (featuring a few huge Anitubers in the states) was recently invited, endorsed, and promoted by the U.S.’ largest anime streaming platform, Crunchyroll, to live stream their 2021 Anime Awards on Twitch. This shows that the industry is starting to recognize the power and benefits of supporting Creators — well, if they happen to be famous that is.
While many Anitubers get struck by copyright, not all of them do. And people are beginning to take notice.
Additionally, in the U.S. fair use brings up a whole additional can of worms. The typical understanding is that people are legally allowed to use parts of content belonging to rights owners as long as the content they create abides to fair use guidelines.
Although this law does not exist within Japan (where most of these rights holders operate from and within), once anime is broadcast in the U.S., the lines begin to blur; especially for well-intentioned Anime Content Creators and fans.
Understandably, over time your brand becomes known as the one who, quite frankly, hates their fans — even if you truly do appreciate them. Anime lovers will purposefully and intentionally do their best to support Anime Rights Holders who allow some freedom of expression over the ones who refuse to show any sort of support.
Over time your brand becomes known as the one who, quite frankly, hates their fans — even if you truly do appreciate them.
Not sure about that last statement? Check out a few rather pointed examples below.
At the end of the day, many fans simply express a rather weary frustration. In their eyes, they are advertising, building communities and loyalty around your IP’s — they’re being brand advocates for free — and yet, the threat of losing their channels never subsides.
Creators are trying their hardest to produce high quality videos, advertising someone’s work, helping build a fanbase, all without ANY profit, and you be claiming copyrights. — Panagiotis Kouris
So, When Are Strikes Worth It?
Since the answer depends on which category of creator we’re dealing with, we’ll bucket our answer into two. Starting with the creators that have been hit in the use case we examined above — followed by cases that are far easier to answer.
Well-Intentioned Fans
Copyright Strikes are worth it when you can clearly and effectively offer a viable and meaningful alternative for the Creator to express themselves within your fandom. This allows fans to feel respected and to therefore meaningfully enhance their loyalty to you and your brand, rather than making them feel confused or hurt.
This means, that if creators are using clips from your source material, or if they are using images of your brand — provide these fans with the ability to work with you to use that content online under guidelines that you control. In this way, when you hit these fans with copyright strikes, you can guide them in a way that says “we appreciate you, but there is a right way of using our content online — allow us to help you so that we can appreciate one another and move forward, together.”
If you cannot provide alternative means to participate or effective methods of communication, however, then it’s pretty clear that you can cause more damage to your brand image through opting to strike than any protection you might have otherwise gained for your IP.
Copyright Strikes are worth it when you can clearly and effectively offer a viable and meaningful alternative for the Creator to express themselves. Otherwise, the risks for public outrage far outweigh the benefits.
Malicious Actors
For ill-intentioned creators however, who wish to post content as though it is their own and with no intention of working with rights holders— it is always worth striking.
A brand owner can never truly be blamed for this, and most fans will actually jump to the brand owners defense at removing anything that is clearly nothing more than piracy. You might even get news articles defending your decision — as was the case when KissAnime was shut down back in 2020.
These actors, rather than spreading awareness about your brand, are more-often than not taking revenue from your brand with no intention of returning even a cent of it.
It’s important to protect yourself from these malicious actors so that you, as the brand owner, can still be the single source of truth for the true and full representation of your IPs.
Summary
Unless you’re okay with videos like this video (which has a ton of expletives) or this one (which associates Kadokawa with Darth Vader from Star Wars), coming out about your brand, it is vital to take a deep breath and consider the costs of your action to your brand reputation and your fan base, before issuing that order.
There are best practices for managing and protecting your IPs, but certainly that path does not include silencing the voices of your most avid and loyal brand advocates.
At SUGOI, our goal is to help Anime Content Creators and Rights Holders work together, so that all parties can benefit. We know that stories like this one are the norm, and we want to change that.
Perhaps one day, anime rights holders will no longer receive this sort of negative backlash, and ACC’s will be able to legally and safely participate in the Creator Economy.
We know that stories like this one are the norm, and we want to change that.
Interested in helping out with this journey? Or maybe you’d just like to follow along and see how things progress? Please,
- If you’re in the U.S. or Canada, check us out at SUGOI
- If you’re an Anime Content Creator, connect with us by joining our discord!
- If you’re a licensor, an anime studio, or a streaming platform, please reach out (contact@sugoi-media.com), we’d love to talk with you!
- Follow our journey on our Instagram
Thank you so much for your time, and as always:
Adventure on anime enthusiasts!
