No, I’m not talking about consent for like kissing and stuff, although you should always get consent for that. No, no, today I’m going to be talking about something different. Something along the lines of good ol’ copyright.
I’ve noticed that, in the Miraculous Ladybug fandom at least, comic dubbing is becoming very popular. I’m pretty sure at least a hundred (maybe more) of you follow me just because you saw one of my dubs at one time or another. I know there are others who have been doing it longer than me and some who are newer. Some of us are popular, some of us not so much. Some did it as a one-off, some do it regularly. Some people don’t even dub–they just take the comics and add music to them and put them on youtube.
Regardless of which categories you fall under, if you have or plan to make a dub of someone’s written or illustrated works, or make something that includes someone’s written or illustrated works (like an AMV w/ artwork) –whether it be in this fandom or another–this applies to you.
For the sake of conciseness, I will only be mentioning comics but this applies ANY works, original or fanmade, that do not belong to you. Written, illustrated, music…This includes fanmade covers of the Miraculous Ladybug theme too, btw.
ALWAYS GET PERMISSION BEFORE YOU USE SOMEONE ELSE’S WORK. ALWAYS. IT’S SO EASY. JUST ASK.
I don’t care if you are “shy” or “anxious” to ask. That’s not gonna fly in court. If you’re too shy to ask for permission then you’re definitely too shy for the attention you could potentially receive for you dub. Worst case scenario, the artist says no. Fine. Deal with it. Move on.
And, seriously: ASK BEFORE YOU BEGIN PRODUCTION. You don’t wanna get halfway into the process only to find out the creator isn’t cool with you doing it. Plus, you can kinda put them in an awkward position (like, crap, they’ve already put effort into this…how can I say no?) and that’s just rude to do. Don’t be that asshole.
Why do you need to get consent?
…I really should not have to answer this. But since we have such a problem with art theft, I will. But personally, I think it all comes down to NOT BEING A JACKASS.
1. You have absolutely no right to dub/use the comic.
That’s right. You have no right. None. It doesn’t matter if the comic is fanart, it is the intellectual property of the artist. I don’t care if you REALLY REALLY WANNA DO IT!!!!!1 I don’t care if you’re “just a kid”. Posting a dub video with the artwork without prior consent from the artist is art theft. The artist may consent afterwards…or they may not. Either way, the fact you used their work without their permission made it art theft. If you think you can get around this by not posting the comic panels and just an audio version of it - you stole their story line. Still theft.
Do you people even know what that means? There are a number of reasons that people like to claim fair use but actually can’t. Your dub of a persons comic is not:
Criticism & Commentary – you’re not criticizing the work. You’re not commentating on it or using it to commentate on something else.
Parody – you’re certainly not making fun of it! (What is Parody? See: SNL sketches.)
News reporting – it’s not newsworthy and this is not a news segment.
Scholarship and Research – UNLESS YOU WERE MAKING THIS FOR A SCHOOL PROJECT, it’s not academic. Even if it WAS a school project, you still do not have the right to put it up on youtube. (Ex: I did something with footage of The Garfield Show once for class. Jim Davis himself has expressed compliments after viewing my work - but I still have to get legal permission from Paws Inc to use it anywhere outside of class.)
There are a few other fair uses as well but they’re irrelevant in this instance because there’s no way anyone could even attempt to claim them.
Yeah? And? That’s not consent.
Yeah… but it’s their art. Maybe not their characters but THEIR ART.
And GOD HELP YOU if you actually do something w/o their consent using their copyrighted works.
Yep. You read that right. If you use an artist’s artwork without their permission, they can take you to court. It doesn’t matter how you did it, how old you are, where you are: they can file a lawsuit and your ass could end up in court. Ask yourself: do you really want to go to court over a comic dub?
Will they? Eh. Maybe. Maybe not. Depends on the person. Do you really want to risk it though?
And if you think you’re exempt because you’re not American: I got news for you. Tumblr, vimeo, youtube, etc…their servers are in the USA. Unless I am mistaken, that potentially puts this in the USA‘s jurisdiction.
See why this is important?
I understand that you might think that dubs are harmless. And, yeah, they’re relatively insignificant. But the fact of the matter is, you need legal permission to use everything in your videos and that includes artwork. AND sound effects and music, for that matter, but that’s not what this is about.
This isn’t a hard concept. Just ask for permission. It covers your ass. I live and breathe TCOM and trust me, YOU GOTTA ALWAYS COVER YOUR ASS. But most importantly, it shows you respect the artist/creator not only as an artist but as another human being.
If they grant you consent to use their work: WOO! YOU’RE IN BUSINESS! GO TO TOWN! DUB THAT SHIT AND MAKE IT AWESOME. If they set any terms for of use (crediting requirements, no monetizing, etc) you MUST comply or it’s a violation of your agreement and they can take action against you.
If they say no, you better respect that shit.
And, if you’ve already decided to be THAT ASSHOLE and have posted someone else’s work without their express consent in any form: IF THE ARTIST COMES TO YOU AND TELLS YOU TO TAKE IT DOWN, TAKE IT DOWN. for fuck’s sake man
For the record: I always ask. You can check with anyone in the Miraculous Ladybug fandom whose works I have dubbed and they will confirm: I have always sought their permission. I have always agreed to and complied with any terms they set forth. AND I have license to use EVERYTHING you hear in my dubs–all the music, the sfx–and the consent of the VAs, which they gave me upon initially accepting the roles.
Ask for permission before you use someone’s stuff. Be respectful. Seriously, it’s not hard. Don’t be that asshole.
