U.S. Copyright News, OTW Legal, and You

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2020-12-22 18:22:02 UTC

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OTW logo with the words 'Spotlight on Legal Issues'

Since we began in 2007, the Organization for Transformative Works' core mission has included working to promote fan-friendly copyright law. For years, we've submitted testimony and comments to governments, filed briefs in court, and helped mobilize fans to have their voices heard by lawmakers around the world. Recently, one of our big legal advocacy projects has been testifying and submitting comments to the U.S. Senate about the way U.S. Copyright works online under the Digital Millennium Copyright Act (DMCA).

Today, U.S. Senator Thom Tillis has released proposed legislation that would be bad for the AO3 and bad for fans. OTW Legal will fight for fans against this proposal, and you can help.

Sen. Tillis's proposal is awful. Among other things, it would dismantle safe harbors in the DMCA that protect the AO3 and other fan sites. It would put fanworks at greater risk of being taken down, and make it harder for new fan sites to get started. But here's the good news: it's just one Senator's wish list. Although Sen. Tillis's office has released a proposal, it's not even a bill yet--and if we remember our Schoolhouse Rock, becoming a bill is only the first step on a long, winding road that can involve lots of changes and may go nowhere. And before it starts on any road, the OTW (and you!) will have opportunities to have our voices heard and make a difference in what (if anything) might go in a bill.

OTW's legal advocacy team is on the case. We've been submitting responses and objections to Congress and the Senate, meeting with Sen. Tillis and other lawmakers, and doing everything else we can to continue to support free expression and fair use, promote copyright safe harbors that make it possible for the AO3 to exist, and protect fans from having their works unfairly taken down or commercially exploited by others.

We're optimistic that this wish list will not become law! But we have a lot of work ahead of us, and if you live in the United States, you can help. As things go forward, we'll know more about what specific actions will make a difference, but for now the biggest thing you can do is stand up and be counted. If you are interested in staying informed or getting involved, let us and our allies at the Re:Create Coalition know!.

OTW Legal is here to help! To find out more about the OTW's Legal Advocacy work or how to contact us, visit our Legal Advocacy page.

The Organization for Transformative Works is the non-profit parent organization of multiple projects including Archive of Our Own, Fanlore, Open Doors, Transformative Works and Cultures, and OTW Legal Advocacy. We are a fan run, entirely donor-supported organization staffed by volunteers. Find out more about us on our website.

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Wrathfulrumble Wed 23 Dec 2020 03:26AM UTC

So I found this interesting article on the verge
https://www.theverge.com/2020/12/22/22195658/felony-streaming-tillis-youtube-twitch-content-creator-copyright-dmca

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cyanidetemperance Wed 23 Dec 2020 03:28AM UTC

Please remember to share info, call/email your congress people of you live in the US, and get this shit stopped! Fanworks have brought me so much joy and have been a damn lifesaver during this pandemic and Im sure I'm not the only one.

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WTFIsSheOn Wed 23 Dec 2020 03:37AM UTC

Made my first donation today, please keep up the good fight.

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JKFic Wed 23 Dec 2020 04:19AM UTC

I've contacted both of my U.S. Senators. Unfortunately, they are both spineless Republican bums (Marco Rubio and Rick Scott), so I don't have a lot of confidence that they will do the right thing.

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Croworc Wed 23 Dec 2020 04:56AM UTC

Oh no, just when I finally joined too

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Mononoke Wed 23 Dec 2020 05:39AM UTC

Keep fighting the good fight! Thank you for all that you do.

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readercat Wed 23 Dec 2020 05:52AM UTC

Naturally, they're going to stuff that bill (along with God only knows what else) into the COVID Relief package that everyone is so desperate to get passed that they won't give it a second glance. I've heard that this bill/law will only affect commercial enterprises, but it seems that anything remotely creative is on the chopping block. Hopefully, there's a light at the end of the tunnel...and it's not a train.
Legislators are sneaky. It's how govt. employees in my state lost our retirement. They snuck the retirement bill into a *sewage* bill (appropriately enough), so we didn't get a chance to fight it, and it got passed in a late night session. :/

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BlackKittens Wed 23 Dec 2020 07:34AM UTC

Thank you for everything, Ao3!

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KURTASKIES Wed 23 Dec 2020 07:55AM UTC

2020 sure is great

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ximeria Wed 23 Dec 2020 09:46AM UTC

You guys rock. I may not be American, but we all know that in the end it will impact the site as a whole and it's just a matter of time before the EU tries something just as stupid.

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1. Alodis Thu 24 Dec 2020 09:40PM UTC
  
  They already are. The Copyright Directive is to be implemented by each member country before June 2021. And it includes Article 13 which got renamed Article 17, forcing the platforms to use uploadfilters on every user generated content website. One way or the other, internet in the EU is about to change and in the worse way possible.
  
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2. 1. Blue_Stray Fri 25 Dec 2020 06:33PM UTC
    
    Oh dear I'm from an EU member country. Live in the UK though... maybe Brexit will save me from this.
    
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  2. 1. Alodis Fri 25 Dec 2020 07:39PM UTC
      
      Oh well if you're from the UK you're saved from it. But some of your politicians want something similar to the Copyright Directive for the UK so definitely keep yourself informed.
      Thing is the UK voted for the Copyright Directive which made it passed and then left bc Brexit. So instead of refraining from voting which would not have gotten the directive through, they voted for it and screwed over the rest of us. I'm French, my country wanted that directive to the point of bribing other countries. Each country will implement it how they see fit. French government basically doesn't want us to post anything copyrighted or have any access to copyrighted content. That's why our politicians want uploadfilters everywhere. There will two internet, the US/UK one and the European one. The Internet is supposed to be a sharing space. And now we're about to reach the point where we won't be allowed to share anything.
      
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    2. 1. Blue_Stray Sun 27 Dec 2020 11:42AM UTC
        
        It's extremely worrying, thank you for taking the time to reply, let's hope we can prevail once again against these powerful bodies of legislation.
        
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luthien82 Wed 23 Dec 2020 10:41AM UTC

Thank you guys for fighting the good fight. I wish legislators would stop being stupid, and that includes all of them all over the world.

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WolfKomoki Wed 23 Dec 2020 11:12AM UTC

This shit again? 🙄
FanFic is not hurting you personally old man.

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1. thewonderofpandora Wed 23 Dec 2020 02:48PM UTC
  
  No senator of either party (maybe hawley, hes young enough) has any idea what fanfiction even is. This is 100% sone entertainment lobbyist saying "hey do this."
  
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2. 1. WolfKomoki Wed 23 Dec 2020 04:31PM UTC
    
    Even so, can they just stop making bills like this?
    
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  2. 1. thewonderofpandora Mon 28 Dec 2020 04:04PM UTC
      
      Can fanfiction writers pay them more than entertainment execs?
      
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EzmEmily Wed 23 Dec 2020 11:52AM UTC

We are so many and they are so few

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Account Deleted Wed 23 Dec 2020 12:55PM UTC

God fucking damnit. Fuck off, Tillis, ya daft cunt.

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Fruitsmoothy Wed 23 Dec 2020 01:04PM UTC

Wow thank you for staying on top of such matters! You guys rock!!! <3

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TacticianLyra Wed 23 Dec 2020 01:09PM UTC

Unfortunately, it seems this was signed into law along with the recent COVID relief bill last night.

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1. OTW_Legal (Official) Wed 23 Dec 2020 06:22PM UTC
  
  Actually, this is different! There are a lot of things going on in U.S. copyright law right now.
  Monday, Congress passed a bill that included provisions regarding illegal streaming, and also created a "small claims" copyright tribunal. You may be seeing news about both of those today, too, since they're quite dramatic! OTW Legal was active in opposing the creation of a "small claims" provision, which we've posted about here in the past. But it, together with the more-thoroughly-negotiated streaming bill, was crammed awkwardly into a COVID-relief package by the Senate. Both the "small claims" tribunal and "felony streaming" provisions (and a lot of other random things) were approved by the legislature with the the COVID-relief package. We'll post in this space about them in the future, so stay tuned.
  This post -- hoping to stand out from a maelstrom of copyright law noise -- was about yesterday's announcement from Sen. Tillis, which has the potential to be much wider-reaching and has opportunities for immediate action. Hope this is helpful!
  BUT!! As of this morning, there has been movement -- President Trump has threatened to veto the COVID bill and, among other things, asked for all of the ancillary language in the act to be removed, including the "small claims" and "felony streaming" provisions.
  Time to contact your congresspeople and tell them to take copyright out of the COVID bill!
  Here is a way to do that:
  https://act.eff.org/action/tell-congress-don-t-let-a-quasi-court-bankrupt-internet-users-a9e11873-62f9-4fa1-a05e-675474e095e5
  OTW Legal
  
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2. 1. TacticianLyra Thu 24 Dec 2020 07:21PM UTC
    
    "The Senate cleared the huge relief package Monday by a 92-6 vote after the House approved it by 359-53. Those votes totals would be enough to override a veto should Trump decide to take that step." -Quote from a news article today.
    It's going to happen. Not immediately, but likely by January.
    
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  2. 1. OTW_Legal (Official) Thu 24 Dec 2020 07:38PM UTC
      
      True, but there is another wrinkle. Because it is so close to the end of Trump's term, he can do what is known as a "pocket veto" -- that is, he can just decide not to sign a passed bill into law. Therefore, if (as is you note it may do) the legislative branch votes to override the veto, Trump may still not sign a version of the the defense/COVID bill containing the extraneous "small claims" and "felony streaming" provisions, and Congresspeople and Senators know that. That means there is a real opportunity to havecopyright removed from this bill to get it approved, and it is worth contacting your Congressperson and Senators.
      Hope this is helpful!
      OTW Legal
      
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StormDragon Wed 23 Dec 2020 01:12PM UTC

Here we go again.
I don't live in America or the west. So not much I can do.

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sofiaottoman Wed 23 Dec 2020 01:32PM UTC

UGH !!!-.-

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god no (Guest) Wed 23 Dec 2020 02:17PM UTC

I honestly can't believe that it's 2020 (nearly 2021) and people who live under a rock make laws about things they don't understand. As people pointed it out fanworks actually boost an original TV show / book / game / whatever and it's literally made for FREE, just what, what in the fuck else do they want? I'm so tired.
U.S. people, I hope you fight this shit. Please help each other drafting emails and reaching the right people.
I'm gonna cry so hard if AO3 shuts down and flood the planet with my tears.

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Guest (Guest) Wed 23 Dec 2020 04:07PM UTC

Everyone pass the word! We must not let this happen.

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