[ SECRET POST #6063 ]

[case]

⌈ Secret Post #6063 ⌋

Warning: Some secrets are NOT worksafe and may contain SPOILERS.


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Notes:

Secrets Left to Post: 02 pages, 47 secrets from Secret Submission Post #867.
Secrets Not Posted: [ 0 - broken links ], [ 0 - not!secrets ], [ 0 - not!fandom ], [ 0 - too big ], [ 0 - repeat ].
Current Secret Submissions Post: here.
Suggestions, comments, and concerns should go here.

Comments

[feotakahari]

See the comment directly above yours for why AO3 doesn’t allow this.

[(Anonymous)]

AO3 is supposed to defend our right to do this shit, that is what the donations for their lawyers are for. Copyright is bullshit and should be illegal. Everything should be public domain from the start.

[(Anonymous)]

They defend our rights within US law, which stipulates that it's only a right so long as you don't make money off of it. Copyright being bullshit is an ENTIRELY different conversation and AO3 is not gonna be fighting that fight. The lawyers are to defend the rights we already have, not to destroy the entirety of copyright. You want to make money off your fic? Go somewhere else, because AO3 will not defend you. They never said they would.

[(Anonymous)]

US law does not, in fact, say that. Fair use deliberately does not have a bright line in the sand. Commercial projects have been ruled fair, and noncommercial ones ruled unfair. (See every free fangame Nintendo has C&D'd.)

[(Anonymous)]

Uhh yes it does.

"a) Except as otherwise provided in this title and notwithstanding the provisions of section 106, it is not an infringement of copyright for a library or archives, or any of its employees acting within the scope of their employment, to reproduce no more than one copy or phonorecord of a work, except as provided in subsections (b) and (c), or to distribute such copy or phonorecord, under the conditions specified by this section, if—

(1) the reproduction or distribution is made without any purpose of direct or indirect commercial advantage;"

There ARE ways that commercial use can fall under fair use, but they are a VERY legal grey area for something like fanfiction, which is within the same legal realm as the source material it draws from. Using a movie scene as educational material are two completely separate legal realms. Entertainment is not. And AO3 does not want that box opened because there is a good chance they might lose.

[(Anonymous)]

DA

That, and there's absolutely nothing that most AO3 users or supporters would gain by their trying. Fandom is full of people who want somewhere to share their work for free; somewhere that it will not be capriciously deleted or bookended between advertisements or lead to their being sued on copyright grounds.

If writing is "labor" to the AYRT, that looks just as insane to the rest of us as if someone took up fishing and then complained bitterly because no one was paying them for spending their time that way. If spending all their time making money is what makes them happy, no one will stop them? But when they're endangering other people's spaces because what they want to make money doing is illegal there, and then insisting the AO3 should devote lawyers to their defense because they feel entitled to turn anything they do into money, anywhere they please, then we have a problem.

[(Anonymous)]

AO3 is choosing only to fight the battle it can definitely win ("fanfic continues to exist") over the battle it can only probably win ("fanfic commissions get confirmed as allowed"). It's their decision to do that. They're here for fandom, not IP revolution.

[(Anonymous)]

Nah.

[(Anonymous)]

I agree with you that copyright is bullshit. I vehemently disagree that the AO3 is in any way obligated to fight that legal battle, and least of all for anyone who's making specious accusations against the only library that defended fanfic writing in the first place.