[ SECRET POST #6378 ]

[case]

⌈ Secret Post #6378 ⌋

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


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Notes:

Secrets Left to Post: 02 pages, 42 secrets from Secret Submission Post #912.
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

[fscom]

05. https://images2.imgbox.com/ce/c7/pWUxh7S4_o.png

[(Anonymous)]

This secret is the epitome of the "I've connected them" meme.

[(Anonymous)]

Are you a lawyer?

[(Anonymous)]

You have a fundamental misunderstanding of the issue.

[(Anonymous)]

You definitely don't understand the threat people making money directly off AO3 would be to AO3 itself, OP. But go on with yourself.

[(Anonymous)]

It's not AO3's desired fandom culture, it's AO3's desired legal defence. Defending a not-for-profit work as Fair Use is easier than defending a for-profit work. There's set criteria for what constitutes Fair Use, just a set of guidelines, and each case must be judged individually. So yes, a for-profit use might be Fair Use, and a not-for-profit use may not be, but it is more likely for a not-for-profit use to be accepted.

[(Anonymous)]

Correction, I meant to say "no set criteria"

[meadowphoenix]

I think the Koons is you, OP

[erinptah]

Big companies will *try* to take down all kinds of not-for-profit fan content, whether it makes money or not. They'll send DMCA notices about free fangames, vids, comics, art, fic...any of it.

The question is whether the hosting platform is willing to have the creators' backs, and say "actually, this claim is BS and we're not following it."

AO3 is one of the few sites that's committed to doing that! Most platforms just...don't. They *could* call the companies' bluff, risk taking it to court, knowing their case is solid -- but they think it's not worth their time or effort to bother.

[(Anonymous)]

+1, absolutely. Plus the OTW (organisation behind AO3) has in fact worked to make other forms of non-profit fanworks legal in the US, in particular vidding.

https://fanlore.org/wiki/Test_Suite_of_Fair_Use_Vids

[(Anonymous)]

Big companies will *try* to take down all kinds of not-for-profit fan content, whether it makes money or not.

Uh, no? There are plenty of times where the company is happy to turn a blind eye as long as the fan content isn't being used for profit.

I say this as a fan translator whose fan translations were being monitored by the company who owned the content (we knew this because we could see their IP address and they visited our website at least once a week) and yet they never did a single thing to tell us to stop until the media was announced for official localization.

[erinptah]

Okay, let me rephrase.

I'm not saying "every individual company has tried to take down every piece of free fan content they come across."

I'm saying "takedown attempts have been applied to every category of free fan content."

Not every individual copyright-holder will contact fanfiction websites and tried to get fic of their work taken down. But every website that hosts a wide variety of fanfic has been contacted by some copyright-holder trying to take down some of the fic they host. (Just like every website that hosts a wide variety of fan games has been contacted by some video-game company. Not all of them! But, clearly, at least Nintendo.)

AO3 is one of the very few sites that's willing to say "nope, even if you complain, we stand firm on our legal right to host that."

[(Anonymous)]

I believe I know which project you mean, so I'll say that that company in particular is extra lenient, especially to fan translations. A blessing, but I wouldn't expect the behavior you see from them or say, Sega, from Nintendo, Square Enix, Disney, etc.

It does depend entirely on the company in question, though. Some you can fuck with, some you absolutely cannot. I'll even wager some companies are lenient on some categories when they aren't on others.

[(Anonymous)]

They absolutely want cosplayers, fanart and fanfiction. They pay people to do it and make contests. It makes the official content sell better.

[(Anonymous)]

Unless they don't, see: Anne Rice, Nintendo, etc.

[(Anonymous)]

nintendo sues people sharing THEIR old content VS fan created.

what ETC. Go on please.

[(Anonymous)]

+1

been going to conventions for more than 20 years. see nintendo property cosplayers at every single one. haven't heard a peep about nintendo getting upset at that.

[(Anonymous)]

Nintendo is okay with cosplayers generally, but they've been known to hound fan-games. Granted, fan-games often use official assets, but it can hardly be consider "THEIR old content", unless you'd like to say vidding, image manips, etc. aren't transformative.

Square Enix will also sometimes shut down fan-games. Companies are getting smarter with how they handle their fandoms in recent years, but older companies that haven't been forced to change are often set in their ways.

Wow.

[(Anonymous)]

That's an interesting position. Do you really, truly believe that all companies are just as likely to shut down not-for-profit fanworks as they are for-profit fanworks? Do you really, truly believe that not-for-profit fanworks would be regarded exactly the same as for-profit fanworks in terms of fair use if it wound up in court? Do you really, truly believe that games function in the same way as fic? If so, could you please explain your reasoning?

Also, finding it distasteful (or what have you) and worrying about it getting everything shut down are not mutually exclusive.