Mastodawn

Morgan Dawn Nov 25, 2022

Context: fan writers have been offering their #fanfic in printed format. Some via 3rd party printers, some simply formatting fic allowing you to print.

A group of #Destiel #Supernatural fans have formed & written a how to guide to impersonate as an interested fan to gain access to these locked/private copies or the formatted files to report them, their websites & ultimately get them banned from #AO3

Links & more context in the replies

https://chaoticdean.tumblr.com/post/701750704842375168/you-reap-what-you-sow-etc-etc

#fanzines #FandomHistory 1/n

You reap what you sow, etc etc.

Bouncing off this post by @ltleflrt, and because most of this has been happening over the bird app, I think it’s relatively essential to cross-post this to Tumblr so that the Destiel community knows...

Tumblr

Morgan Dawn Nov 25, 2022

Caveat: #TermsofService (TOS) for many 3rd party printers prohibit printed copies of fanfic (even #LuluPress which allows you to set zero profits).

#AO3 has strict policies against mentioning fanfic for sale or linking to fanfic for sale. Again, this is a Terms of Service issue

However, AO3's platform allows anyone to format fanfic for printing or offline reading (PDF, epub etc.)

#TOS are not #copyright laws - you can be fine under copyright & still violate TOS 2/n

Morgan Dawn Nov 25, 2022

Printed #fanfiction is not "illegal". It is called #fanzines & has been around for 50 years. All #TransformativeWorks (#FanArt, #FanVids) rely on the #FairUse defense to #copyright. Commercial activity is only 1 of the 4 factors when deciding if an activity violates copyright. The fact that $ exchanged hands is not an automatic copyright violation. $ weighs heavily, but with printed fanfic, only a few copies made, maybe not

Again: #TermsofService =\= copyright law

https://www.nolo.com/legal-encyclopedia/fair-use-rule-copyright-material-30100.html 3/n

The 'Fair Use' Rule: When Use of Copyrighted Material Is Acceptable

In some situations, you may make limited use of another's copyrighted work without asking permission or infringing on the original copyright.

www.nolo.com

OK, now to more links

1. Top level overview from a #FanFiction #FanWriter who has their own bigcartel store.

Note: this is only one example of how printed fanfiction can be offered. Do not assume all fanwriters are using commercial, 3rd party platforms

https://chaoticdean.tumblr.com/post/701750704842375168/you-reap-what-you-sow-etc-etc

4/n

You reap what you sow, etc etc.

Bouncing off this post by @ltleflrt, and because most of this has been happening over the bird app, I think it’s relatively essential to cross-post this to Tumblr so that the Destiel community knows...

Tumblr

Morgan Dawn Nov 25, 2022

2. Twitter links showing that a group of fans have organized and written how to guides to impersonate interested readers to obtain copies of printed fanfiction and report the writers in an effort to get their websites taken down and get the writers banned from #AO3

https://twitter.com/caslostwings/status/1595121722218647554

5/n

robin // castielslostwings 🏳️‍🌈 #SPNNASH on Twitter

“On request, I’m making the doc Fran aka palominopup created to facilitate reporting fics public: you can see she (and Susan—I’m making an assumption that’s “destiel forever” Susan) signed it. This came from someone inside the SMALL private group she encourages to brigade us.”

Twitter

Morgan Dawn Nov 25, 2022

Thoughts: I don't know #AO3 terms well enough to evaluate their actions in this situation.

But the tradition of offering #FanFiction for "sale" in printed format is long and rich and core to our community. Printed fanzines continue to this day with #fanbooks being created and sold, usually heavy on fanart, but with fanfiction included.

Examples: Raw, a #Hannibal fanzine https://rawfanzine.tumblr.com/

Some zines done for charity, some at cost and some offer any $ leftover to the creators

6/n

RAW: A Hannibal/Will Fanthology

Tumblr

Morgan Dawn Nov 25, 2022

When we write: “Selling Fanfiction is illegal or “Printed fanfiction is illegal” we criminalize our community, our history & ourselves. And we buy into a corporate narrative that works to crush us every day. Again, Copyright =\= Terms of Service =\= our community or our culture. Many of us have chosen a gift culture...but there are many ways to distribute those gifts & not all are online or without $. Do not let others place us inside of boxes or behind fences. And do not obey in advance. 7/n

Morgan Dawn Nov 26, 2022

Finally, back to the "How To Report Other Fans For Copyright Infringement"

Here's the part where they're suggesting people commit crimes to target fanfic:

You can only use the DMCA to address takedowns of your copyrighted works. You can't submit a claim on behalf of Warner Brothers or the CW.

8/n

@morgandawn
It's my understanding that the TOS at #Ao3 has stipulating against works being sold because Ao3 exists under a branch of the #OTW as a 501c3 tax exempt entity and the for profit element of linking to items for sale, risks violating the terms of that status.

Morgan Dawn Nov 26, 2022

@TrendyKittyKat I will defer to those on AO3 Abuse. The coordinated effort seems to be also targeting those who are not linking to the printed fanworks available for sale. Ex: Links to preformatted PDFs that *could* be printed or where the author says: "It is OK to get this printed for yourself".

My comments are not only focusing on TOS or copyright law - my focus is also on members of our community arguing fanfiction and fanzines are illegal, internalizing this and acting on it.

@morgandawn
Oh I got that and agree with all of it! I didn't mean to come across as though I was arguing. I was intending to add that bit of info into the discussion, is all.

Morgan Dawn Nov 26, 2022

@TrendyKittyKat Nods. I think parts 1-5 are talking about TOS and copyright law - why they are different from each other - before making my argument that they should not be the dominating aspect of our culture. We have to bend to them to survive. But we do not have to do it willingly, eagerly, and with the assumption of normalcy and as a righteousness belief.

Posts that start with this as a baseline: "Selling fanfiction/fanzines are illegal"

@morgandawn
Oh I agree completely.

@morgandawn
I used to co-run a Fandom newsletter. We tried to relocate from LJ to Ao3 to preserve the archival editions. That same group of Destiel fans reported us because we promoted artists who sold fanworks. So we went a few rounds with the policy and safety arm of Ao3, for the same reasons, and got kicked off.

Morgan Dawn Nov 26, 2022

@TrendyKittyKat Was this the SPNnewsletter?

@morgandawn
Yes.

Morgan Dawn Nov 26, 2022

@TrendyKittyKat By promoted ---- was this "In 2014 fan artist ZZZ started offering copies of her fan art for purchase" (link?)"

@morgandawn
No. We were a linklist. So if we linked to an artist who's work that we linked to on their instagram was free, but said Instagram had a linktree with links to their redbubble, etsy or email for commissions, it was a violation. We didn't link to commissioned work as a rule, or anything that could be construed as advertising. Didn't matter.

Morgan Dawn Nov 26, 2022

@TrendyKittyKat If AO3 declined to include the SPNewsletter because of links to an artist Instagram that then linked to their redbubble...I think that is wrong (again not on the Abuse Team). They should have identified the links and given the option for those links to be removed. Did they do that?

But Link Lists (where we collected the links to happenings as a form of a newsletter) might not fall within "the range of fanworks we allow."

@morgandawn
We got both. To continue posting editions, we would have had to completely reformat to both include original fanworks content within the newsletter itself, and stop linking to creators who sold fanworks. The owner of the community had been clear that she wanted to maintain the formatting as it was, without updating. And none of us wanted to change how we curated content based on those guidelines.

Morgan Dawn Nov 26, 2022

@TrendyKittyKat To include "Only" fanworks content? Removing the other links?

Pretty sure you can link to "creators who sold fanworks," but not to the sales site itself. Can't link to a page with a "buy this" button on it.

And yes removing both would change the historical value of the newsletter and be a significant amount of work

DDimetrodon Nov 26, 2022

@TrendyKittyKat @morgandawn This. I have very, very complicated feelings about the entire concept of fanworks being sold for anything beyond cost of printing, always have, but whether or not I agree with them about everything: AO3 is an open-to-all resource that operates in a grey area and requires every bit of legal protection they can get. They are not being holier-than-thou about explicitly banning sales, they're covering their asses so the rest of us have a playground.

Twistedchick Nov 26, 2022

@morgandawn AO3 wants to make sure all the fannish work on its archive is not associated with money. I don't think anyone involved cares about fanfic behavior anywhere else.

Morgan Dawn Nov 26, 2022

@twistedchick
Correct - it is a bit more nuanced:
-Links to fundraisers or fanfic/fan art for sale not OK
-Links to your website where you sell or fundraise are OK
-Mentions of "this is also available as a print" with no link iffy/may need rewording
-Linking to a preformatted copy so people can print themselves - should be Ok

Writing a "how to report a fan for offering printed fanfic and get their website taken down for IP infringement" is - as you say - not part of AO3 and not - IMHO - OK

Morgan Dawn Nov 26, 2022

As I said earlier, there seem to be multiple scenarios - not just the one I linked to.

It is possible that this is hitting fans who offer their AO3 fanfic in printed format - even if they never link to it or mention it on AO3. And more importantly, it is being used to create fear in the community so that writers and artists are afraid to participate in fanzines. And it is being used to reinforce the belief that fanfic, fan art in fanzines are illegal activities.

Morgan Dawn Nov 26, 2022

It looks like Part 1 is targeting non-AO3 activity.

The How To guide instructs fans on impersonating as someone who wants buy a copy, are given a private link, and then the wording they need to send to Lulu Press to get the story taken down. Because it is "against the law"

Morgan Dawn Nov 26, 2022

Part 2 is focused on AO3. The goal is to take the fanfic down from AO3 even if the availability of a printed copy of fanfic is not mentioned on AO3 (but if it is mentioned they note this will be easier)

Here is where I defer to AO3 Abuse...but I think AO3 Abuse should take a hard look and if the person does not mention the fanwork is available in hard copy or link to it, their fic should not be removed.

Morgan Dawn Nov 26, 2022

I did ask AO3 if it was OK to mention "This appeared in x fanzine" or "This is part of X fanzine".

I think - in general - it is allowed to state the origin of a fanwork as long as you do not you say or link to anything related to money or connected to purchases on ao3.

Ex: "This appeared in X"

However (nuance alert): "This story appears in X" (again no link) there may need to be rewording

"This is also available in printed format" (no link) may require a 2nd look