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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Guest (Guest) Mon 28 Dec 2020 03:28AM UTC

They are still thinking about the copyright Law...
We still have until July 31, 2021 to let our voices be heard.

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Anona (Guest) Mon 28 Dec 2020 04:43AM UTC

Thank you for letting us know! Keep up the good work!

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FirestormCabbit Mon 28 Dec 2020 05:00PM UTC

Boomers and their inability to leave good things alone. This is why we can't have good things!

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(Previous comment deleted.)
1. Account Deleted Mon 28 Dec 2020 08:43PM UTC
  
  Can you not post gibberish here in the comments section? It's not funny. This whole situation is not funny.
  
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2. 1. Teyke Mon 28 Dec 2020 10:27PM UTC
    
    Those are spambots, they hit every news post. The admins'll take care of it when they see them.
    
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  2. 1. Account Deleted Tue 29 Dec 2020 12:19AM UTC
      
      Ah, I see. Stupid spam bots... at least the admins can take care of them.
      
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TacticianLyra Mon 28 Dec 2020 07:21PM UTC

Well, it's been signed. How long do we have before the site gets wiped?

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1. kroganwarrior22 Tue 29 Dec 2020 12:31AM UTC
  
  It's a different law afaik? So I don't know
  
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2. 1. TacticianLyra Tue 29 Dec 2020 03:33AM UTC
    
    yeah, it took some stress-inducing delving for me to figure that out. At this point I'm just hoping something gets called out as unconstitutional.
    
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  2. 1. kroganwarrior22 Tue 29 Dec 2020 05:27AM UTC
      
      From what I can tell its another bill that effects ao3 that hasn't been voted on or am I wrong?
      
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    2. 1. TacticianLyra Tue 29 Dec 2020 11:33AM UTC
        
        I think so? Honestly, with how everyone's panicking, I'm assuming this is an immediate threat
        
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      2. Guest (Guest) Tue 29 Dec 2020 04:50PM UTC
        
        It's the streaming copyright bill that was passed. Not the other copyright law.
        
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3. OTW_Legal (Official) Tue 29 Dec 2020 06:26PM UTC
  
  Hi! There are a lot of different things going on with US copyright law right now.
  The bill you're referring to is the latest Defense budget/COVID relief package, which was just signed into law recently by Trump. That does contain a couple of copyright provisions--one regarding "felony streaming" and another creating a "small claims" tribunal for copyright. We fought against the small claims proposal back when it was just a proposal, and we'll be posting on both of these laws it in the future -- they are definitely of interest to fans, but neither will hurt the AO3. No need to worry!
  This post was about something much more distant--a wish-list proposal by Senator Tillis to dismantle the copyright safe harbors that make a lot of the Internet work. Senator Tillis's proposal is a long way from becoming law, and we will work toward preventing it!
  Hope this is helpful!
  OTW Legal
  
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4. 1. SummerSolstice202 Wed 30 Dec 2020 04:04AM UTC
    
    Haha, thank you for dispelling some of my panic. Let's hope we can do something to prevent this from ever becoming what we all thought it would be (the end of fanfiction and ao3).
    
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  2. eqqtoyd (Guest) Wed 30 Dec 2020 08:01PM UTC
    
    Could you perhaps explain to me the CASE legislation? My brain's been rampanting back and forth stressing about this. I'm concerned that anyone who posts good-faithful Fair Use content will be subject to prison. As someone who creates fan-work dedicated to certain fandoms, I'm worried this may effect the fan community deeply.
    
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  3. 1. OTW_Legal (Official) Wed 30 Dec 2020 09:53PM UTC
      
      Hi! We're planning a big post that will cover everything you need to know about CASE, but that will take time for us to put together. In the meantime, have no fear! The short(ish) answer to your question is that no, CASE does not do what you fear! It has no criminal component at all. It creates a "small claims" procedure for copyright claims in the Copyright Office. I put "small claims" in quotes because the claim amounts can actually get quite large, but--and this is important!--(a) CASE proceedings would consider fair use; and (b) anyone who is challenged under CASE can opt out of it. Opting out would mean that someone who wanted to challenge a work would have to do exactly what they would have to do now: bring a federal lawsuit, with all of the expense that entails. So while it is possible that fannish works could be challenged under CASE, anyone challenged can opt out. It will also be possible for fans to use CASE against others who take their fanworks and try to sell them..
      You may be blending CASE in your mind with the "felony streaming" law that passed at the same time, which creates criminal penalties for illegal streaming, and is aimed at large-scale pirate sites.
      I hope this helps!
      OTW Legal
      
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KathyKnudsen Tue 29 Dec 2020 11:22PM UTC

Not particularly impressed with all the name-calling and labeling I'm seeing in these posts. I support free speech 100% regardless of my opinion of what is being said. I support the AO3 cause to battle this proposed infringement, but name calling and labeling simply lowers one's integrity to the level of those seeking to control and yes, eradicate free speech as well as other Constitutional Rights. I applaud The Organization for Transformative Works for their efforts in preventing this proposal by Senator Tillis from even being entered into a bill. I wish you great success and would like to be kept informed of your progress

Last Edited Tue 29 Dec 2020 11:22PM UTC

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captianshotgun Tue 29 Dec 2020 11:48PM UTC

Like entertainment companies are losing money due to a 15-year-old writing yaoi fics

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Spazzymagic Wed 30 Dec 2020 07:21PM UTC

I'm so proud of how hard talk work!!

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Idlehazard Thu 31 Dec 2020 01:21AM UTC

Isn't this similar to the Parodies Law that allows authors to sell books that bring to mind works by other authors, just as long as they use dont use the elements from the novel and use unique settings, titles, etc? I mean, I get fanfic does use elements from the source but it also creates something new and different - all without publishing it and thus no fanfic writer making money from it. Wouldn't that fall under freedom of speech?
Also, fanfic has been around since the 1970's (at least) so why now go after it? It encourages reading, writing and expressing your emotions, imagination and more. Too bad we cannot get authors who support fanfic to speak up against restricting fanfic or at least making sure authors who do have a problem set forth guidelines or say it cannot be done at all.

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120gbs Thu 31 Dec 2020 04:03AM UTC

Ok now ban NSFW shit of real life minors bc it's literally against the law.

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1. . (Guest) Thu 31 Dec 2020 08:34AM UTC
  
  Or....
  Let's not and say we did?
  
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2. 1. Which law (Guest) Thu 31 Dec 2020 01:10PM UTC
    
    Please cite your sources; which law is this against and in which country(ies)? Your legal credentials would also be appreciated, since I’m sure AO3’s legal team would love to add another volunteer who knows the law better than they do to the team.
    
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  2. 1. 120gbs Sun 21 Nov 2021 01:57AM UTC
      
      the law where it says that it's illegal to create actual real life cp lol. do you think just because it's fanfiction, or that the minors might or might not be celebrities that it's somehow fucking okay to create l i t e r a l child pornography of them? youre a pedophile.
      
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  3. 120gbs Sun 21 Nov 2021 01:55AM UTC
    
    why do you think adults writing literal fucking porn of REAL LIFE MINORS is in any way shape or form fucking acceptable? you're a pedophile.
    
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3. . (Guest) Thu 14 Jan 2021 09:16PM UTC
  
  Can you cite the law that says that? I thought AO3 has a legal team or something, so I would assume they know if they are breaking a law but could they have missed something?
  
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4. 1. 120gbs Sun 21 Nov 2021 01:57AM UTC
    
    the law where it says that it's illegal to create actual real life cp lol. do you think just because it's fanfiction, or that the minors might or might not be celebrities that it's somehow fucking okay to create l i t e r a l child pornography of them? youre a pedophile.
    
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Worried (Guest) Thu 31 Dec 2020 12:20PM UTC

First EU and now this...oh dear wherevhas

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1. Worried (Guest) Thu 31 Dec 2020 12:23PM UTC
  
  Damn, comment took off too early...but where is this world indeed going? I hope this won’t happen, even though I’m not from US. Keep fighting people, it’s never too late. I pray for you.
  
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