Fandom Law Discussed Here
in our COFFEE SHOP AU where everyone's interested in copyright & trademark law, fandom law, privacy and social media issues. Basically Snopes for IP and fan-creativity issues. Created and maintained by fandom lawyer/Board Certified Specialist in Intellectual Property Law Heidi Tandy aka travelingheidi/heidi8 with Hannah aka hllangel and other guestbloggers. Nothing we post here is legal advice.
Ask us anything (but we won't give legal advice)
Congrats to everyone who’s ever written something and posted it on AO3 on your Hugo Award nomination.
(The entirety of AO3 was nominated in the “Related Works” category, so technically everyone who’s contributed to the Archive is a nominee.)
Kudos to everyone who has ever provided Hits and/or Kudos, shared their fan creativity or otherwise supported the Org – and personalized kudos for my cohorts on the Legal Committee @transformativeworks.
Still an idea, but turned out complicated to implement and something else was more urgent, I think.
It just came up today because a friend was like, “What’s a less-creepy way to say, ‘I saw you reading Drarry in the break room! Hi I am a fellow fan!’?” and I observed that this is why God invented fannish merch! And we reflected that the AO3 logo would be the most widely-recognized thing and it would be very convenient to have it on a water bottle or button or things, but there isn’t AO3 merch available.
It gets tricky for nonprofits to sell merch. There often has to be a separation of functions or a specific, different incorporation. Not impossible, just, not really in line with the mission, I would think?
But hey… @transformativeworks Hey, can we have permission to make transformative fanart of your logo as a way of identifying ourselves within the community?
(Alternately, I’m pretty sure you’d defend our fair-use rights to reinterpretation of the logo for said purpose, but always nice to check!)
Either way, I highly recommend donating even at a lower level to become a voting member of the OTW– after all, they’re working to support all of us, AND we can have a voice!
We love it when people make things with the OTW/AO3 logos (or any other logos we have)! There are only two rules we ask that you follow when you do so. One, don’t try to pass off your work as official (i.e., something the OTW made), and two, don’t sell your work or commercialize it in any way.
Basically because of trademark likelihood of confusion issues. Don’t create an app, put it in an App Store, say it’s official and charge for it. But do make t-shirts or hats or bags for yourself & friends!
In 2017 we’re celebrating the 20th anniversary of Harry Potter & the Philosopher’s Stone at San Diego Comic Con’s 10th annual Harry Potter Fandom Panel - if you’re going to be at SDCC, we hope you’ll join us!
On Sunday, July 23 at 2pm in Room 6BCF (right before the Buffy panel) we’ll talk all things Potter/fandom with @heidi8 (FictionAlley, @transformativeworks), journalist @elizabethminkel (New Statesman, @fansplaining), Kat Miller (MuggleNet), educator Dr. Ebony Elizabeth Thomas (the University of Pennsylvania Graduate School of Education (
@ebonyteach)), event organizer Adrienne Alwag (Dumbledore’s Army [LA]), and creative fans like writer/director/actor Nick Lang (A Very Potter Musical, StarKid Productions (@the-real-team-starkid )), novelist @alexadonne (Brightly Burning), fan filmmaker Justin Zagri (Severus Snape and the Marauders), theatrical producer David Carpenter (Puffs; or Seven Increasingly Eventful Years at a Certain School of Magic and Magic), and Jessica Ward of @usquidditch discuss the magic of new canon on stage, on screen, in amusement parks, in libraries, and, of course, online.
(And if you’re in San Diego next week, please join @transformativeworks for A Meetup Of Our Own on Thursday night at Analog Bar for hosted nibbles (thanks to OTW and the re:Create Copyright Coalition) and a cash bar; RSVP here!)
In which my study about the design of AO3 not only gets into the big publication venue in my field, but also wins a major award. Fandom is amazing, and I want all the computing scholars to know it, too!
The link in this post is to my blog post about the paper, which is the TL;DR version. But here’s an even more TL;DR version, i.e., what I think is most interesting to fans about this work. (Disclaimer: I’ve been on the legal committee of OTW since 2009, but this work was entirely independent of them! I also didn’t screen potential study participants for any particular attitudes towards OTW or the archive.)
Why did you study AO3? My dissertation was largely about social norms about copyright in online creative communities. I interviewed a lot of fan creators over a few years, and when we talked about copyright norms around things like attribution, remixing remixes, etc., a lot of people mentioned specific AO3 design features. I’ve been following AO3 closely since it’s very beginnings, and I know that there’s something really unique and amazing about it: It’s a massively successful online platform built completely by the people who needed it, built to reflect their values and norms. And the majority of those builders have been women. It’s amazing! And I thought, there is probably something that designers can learn from this.
So for this study I (with the help of an undergraduate research assistant) interviewed a bunch of AO3 users, as well as people who worked on the development of the archive in the early days. And by the way: THANK YOU TUMBLR because I had so many volunteers that I had to turn people away. Trust me, this never happens. All my colleagues were super jealous. I was like, well, you guys really should study fans because they’re awesome.
What is feminist HCI? First, HCI is human-computer interaction, so welcome to my discipline! And feminist HCI is the idea that a lot of the central commitments of feminism - like empowerment, agency, equity, participation, identity, advocacy, social justice - are great things to integrate into interaction design. Imagine if all of these things were really important to the people building the technologies that you use!
So how does this apply to AO3? Talking to folks about AO3 made it clear that a lot of the values that were baked into the design are the same values at the core of feminist HCI. For example, participation: this is the entire reason that AO3 exists, so that fans themselves have control over their own space. And accessibility, diversity, and inclusivity - there are so many little design decisions towards these things, an attempt to try to make sure that not only does everyone have the ability to use the site, but that everyone feels welcome. One of my favorite quotes: “If you think you’re a fan, then you’re a fan, and you’re welcome here.” And also, the tagging system at AO3 is pretty amazing - not only did most of the users I talked to speak at length about how this improves over other sites they’ve used, but also the user-created folksonomy means that the archive doesn’t make content judgments. You can use any tag you want, and this actually becomes a pretty powerful thing because even a system picking categories for you to choose from (e.g., gender or relationship options on social networking sites) is an exercise of power. And the way that AO3 handles identity and pseudonyms is pretty nuanced, too. It all adds up to many small things that users really seem to appreciate. (The image below is from the Tag Wranglers page on Fanlore - this is in my paper, so it’s probably the only CHI paper to have the phrase “mermaid!sex” in it.)
And what did you learn? Besides just presenting AO3 as a case study of feminist HCI as successful, there are also some useful lessons for designing to reconcile competing values. After all, fandom doesn’t always agree on priorities! This of course is a huge problem in lots of contexts - the idea that you can’t please everyone. And of course, not all of AO3′s design or policy choices have been popular over the years. But there are a few things that AO3 does to mitigate some of these value tensions. For example, fan history is important! It sucks when archives disappear (Geocities anyone???) and all those stories you loved are just gone forever. But control is also important! If you want to wipe your fannish identity off the face of the earth, you should be able to do that. So AO3 has orphaning, which lets you erase your name/identity/footprint from fics while not erasing the fic forever. Another example is the content warning system, which was a compromise between the desire to not cast judgment on content (”your kink is not my kink but I will defend it!”) as long as it’s legal, and the desire to protect people from stuff that they don’t want to see or is triggering. Of course, this solution isn’t perfect, and some of my interview participants talked about wanting a “tag blacklist" to help even more. But in short: AO3 does some cool and thoughtful design things that are interesting to people studying HCI.
So now what! Well, I’m a professor now, and I hope to keep studying these sorts of things. I’m interested in feminism and women in technology (remember the Barbie remix? Yeah that was me, I was Internet famous for about a day), in online communities and especially fandom, and in social norms. If you want to know if I do more studies of fans in the future, you can follow me here or on Twitter. Because can’t stop won’t stop writing!
Finally, thank you to everyone who participated, volunteered, or shared, because this kind of work isn’t possible without awesome people to talk to. And you can read the full paper at the link at the top of this post!
AO3 (and other projects) will keep running as usual. Learn more in this update from the OTW Board members-elect: http://bit.ly/1T2to24
I’ve put a lot of the last three years of my life into the OTW, and AO3 in particular. If it were in any danger, I’d be the first person to panic! We’re fine, everyone has been wonderfully supportive, the bills are being and will be paid, and we’ll sort things out as soon as we can.
There have been a lot of changes in the OTW in the past few days. The current Board of Directors has resigned, effective December 15. We know there has been some confusion, and we wanted to share with you the situation as it currently stands:
The OTW and its projects, including the Archive of Our Own, Fanlore, and Transformative Works and Cultures, are operating normally. Our volunteers are still carrying out their work and will continue to do so throughout this process. Rest assured that everyone’s first priority is to keep the projects and the organization running smoothly.
We, Matty Bowers and Atiya Hakeem, new Board members elected earlier this month, will take office on December 1st. We should have access to all the tools and information available well before the 15th.
We have a long list of things we know need to be worked on, compiled from internal and external feedback, and our own plans for the Org. We will rely on this to prioritize and start taking action.
We are committed to publishing a budget for 2016 as soon as possible. An essential part of this process will be to make a draft and then seek OTW teams’ feedback on the chosen items. This may not end up happening until early 2016, depending on the status of the current draft. We’ll know more come December 1st, when we receive access to the draft.
We hear everyone’s questions about the next election cycle and what happens to the vacant seats on the Board. We will do our best to have information about that out as soon as we can; we can’t officially make decisions or announcements until December.
Please remember that this is a work in progress! There is a lot of information to be gathered, and a lot of work ahead. There has been a great deal of internal and external support for this fresh start and we are grateful to everyone who has reached out and offered to help. We’re currently working to organize our information and resources so we can move ahead as soon as possible.
Thanks for your support, and for the vote of confidence.
—Matty and Atiya (Lady Oscar)
Board members-elect
I know this is a dull, don’t-panic kind of post, but please do consider sharing this to counter the unnecessary alarm if you’ve seen people on your dash worrying about how they have to “save all their stuff” off the AO3 and that it’s going to all collapse.
(If you DO want copies of your stories for any reason at any time, though, I do mention that you can download them easily as nice clean HTML whenever you want, using the download link on each work.)
Congrats to transformativeworks for absolutely crushing it at the 1201 DMCA hearings, and also for the greatest use of a Supernatural fan-vid in a government setting.
EVERYONE STOP WHAT YOU’RE DOING RIGHT NOW AND READ THIS BECAUSE HOLY SHIT MY WHOLE LIFE JUST CHANGED FOR THE BETTER.
So apparently in addition to running Archive of Our Own and providing legal advocacy to fans who run up against plagiarism accusations, the Organization for Transformative Works also publishes a peer-reviewed academic journal called Transformative Works and Cultures that is dedicated to promoting scholarship about fanworks and practices. This journal is 100% free to access and has been publishing 2-3 volumes (each containing 15-18 articles, essays, interviews, and book reviews) per year since 2008.
Why is this so fucking exciting? For one thing, academia has a terrible habit of being increeeedibly sloooow to discuss new ideas — partly due to the very long turnaround time necessary to get articles published. By contrast, Transformative Works and Cultures is super up-to-date and teaming with topics that are actually relevant to modern fandom.
And all of this — all of the knowledge, all of the analysis, all of the academic credibility being added to fannish ideas — is 100% free to access.
Transformative Works and Cultures is doing fandom an incredible service: by giving a voice to people within fandom, by preserving the discussions and ideas that were important to fannish culture at certain points in time, by emphasizing our significance as a subculture — and all the while doing it on our own terms.
These are fans working hard to give legitimacy to other fans, and if you don’t think that’s rad as hell then I don’t even know what to tell you.
A post at JD Supra focused on the way fair use is being seen in U.S. courts following a decision in Fox News Network, LLC v. TVEyes, Inc. “More broadly, decisions like TVEyes suggest that courts are moving away from viewing fair use as a narrowly-drawn exception to copyright holders’ exclusive rights in their works, to the view that fair use promotes the creation of transformative works and thus serves one of the goals of copyright law itself. The TVEyes opinion, which essentially presumed transformativeness of the work at the outset of the fair use analysis, suggests that the trend toward this broader view of the role of fair use continues to gain traction in the federal courts.”
OTW’s position is that fanworks have fair use on their side & the history of copyright shows it wasn’t designed for creators.
More analysis from Rebecca Tushnet notes that unless the follow-on user/individual user’s purpose “is the same as the content provider’s, the individual user also has a different purpose than the source.” She also quotes a case from earlier this year that states that transformation “almost always occurs when the new work does something more than repackage or republish the original copyrighted work” (Authors Guild, Inc. v. HathiTrust, 755 F.3d 87 (2d Cir. 2014))