i didn't wind up posting this at the time, but here's the "original cut" of the sahcon trailer, that i then edited to avoid the cruel mistress "copyright law". but i still like this trailer a lot, so here you go.
The internet could change next week, and not in a good way
You may have heard about the efforts in Europe to reform copyright law. The debate has been ongoing in the European Parliament for months. If approved next week, these new regulations would require us to automatically filter and block content that you upload without meaningful consideration of your right to free expression.
We respect the copyrights and trademarks of others, and we take all reports seriously to ensure that your creative expression is protected. We make this clear in our Community Guidelines. There’s already a legal framework that works and is fair: Today we take down posts and media that contain allegedly infringing content when we receive a valid DMCA (Digital Millennium Copyright Act) takedown request. We also provide clear-cut ways for people to fight back if they believe their removed content was not a true violation. These instances are monitored and reported and live in our biannual transparency report.
The suggestion to use automated filters for issues of copyright is short-sighted at best and harmful at worst. Automated filters are unable to determine whether a use should be considered "fair use" under the law and are unable to determine whether a use is authorized by a license agreement. They are unable to distinguish legitimate parody, satire, or even your own personal pictures that could be matched with similar photographs that have been protected by someone else. We don't believe that technology should replace human judgment.
Tumblr is and always has been a place for creative expression, and these new regulations would only make it harder for you to express yourself with the freedom and clarity you do so now.
If you access Tumblr from Europe and want to act, you can find more information on saveyourinternet.eu.
my dash is covered in loud discourse over whether Disney or Sony is the real villain in this controversy over the rights to make Spider-Man movies, and... no. guys. c’mon.
Spider-Man was created fifty-seven years ago by people who are now dead. Spider-Man should be public domain. anyone should have the rights to make Spider-Man movies. the huge media conglomerates who spend millions of dollars to ensure that it’s illegal for anyone but them to make Spider-Man movies- regardless of which one of them is currently at a disadvantage in negotiations re: who controls the monopoly- are both the villains of this story.
I'm really stressed out about the new EU regulations regarding authors rights... The more I look into it the more depressing it gets and there's nothing we can do to stop it
okay i’ve seen a lot of posts this past week of people completely losing their heads over this. i know that this proposal is scary and that definitely threatens the internet as we know it, but you need to understand that this is just that: a proposal. it hasn’t been voted on by the european parliament yet (that’s happening on july 4-5) and seeing as the european union is usually fairly sensible, especially regarding topics like this, there’s no reason to be depressed just yet.
as for you saying there’s nothing we can do to stop it, that’s where you’re wrong. this website is aimed towards deleting articles 13 (and also 11). it lets you contact the relevant representatives for your country so you can tell them to vote against article 13. i did this a few weeks ago, it’s incredibly easy, you just put in your country, and it will give you a list of relevant representatives for your country that you can either email, tweet or call. if you’re not sure of what to say it will generate a message for you, but you can also make your own or modify theirs as you see fit. we can save the internet as long as you don’t lose hope and do whatever you can!
German fans, the copyright law in your country is changing and now is the time to have your say! Find out more about the proposed changes and the OTW Legal team's perspective: https://otw.news/german-copyright-61ad77 (auf Deutsch)
Infos about Article 13 and European copyright law from a Member of European Parliament
Listened to a very interesting podcast, that has an interview with the German Member of European Parliament Tiemo Wölken about the new European copyright (sadly in German). He was against article 13 and 16 and explains and gives insight to what is intended with the law, what might happen in the worst case, why people still voted for it, what happens next, and most of all what we can do.
Some things from it:
Article 13 will come. There will be upload filters. There’s no way for the parliament to stop it now. You have the European Council and the European Parliament. Both discuss now about the new copyright, but they can only change stuff, where they both disagree. Both approved of Article 13 though, so they can’t change that any longer.
Don’t message your MP any longer. They can’t do anything now. Message your government. The European governments are the only ones, who can stop it now.
The new law is clearly intended for Facebook and Google. It only applies to companies with more than 50 employees. And it clearly applies to platforms, not private persons. For us this means if Tumblr has more than 50 employees, we’re fucked. If not it wouldn’t apply.
The MPs that are for the law really think that upload filter don’t need to happen, because they didn’t say they have to. They think there’s another technical solution that can only filter the stuff that is copyrighted, but will still allow stuff that is clearly a meme or art or satire based on it. (Hint. There isn’t and there can’t be.)
The German MPs that voted for it, did so, because the law entails good laws for small artists that sell their copyright, among other things. Article 14-16 allows them to re-negotiate if the new copyright holder basically duped them. For example a writer writes something that becomes a bestseller, then they can re-negotiate to get more. Or a company doesn’t use the copyright, so the original artists doesn’t get anything, then they can claim their copyright back.
If the law happens you can’t cite anything any longer. Nothing. Writing headlines from newsarticles will be forbidden in the worst case. Google uses the headlines for their search and you can see those and a few summarising words. Based on that you decide if you click a link (and give money to the newssite/publishers) or not. Publishers want to get paid for that from google/facebook. He thinks that is bollocks, because if you go to a news agent you can read the headlines and decide if you want to buy or not. Same should apply to the internet, but now they make you pay to read the headlines. The publishers try to get money for stuff that they never got money for.
He thinks there should be some fair use and that the law simply isn’t fit in the way it was drafted.
What happens now: European council and European parliament negotiate their different positions (as they agree on article 13, they don’t negotiate that at all.) By the end of the year/early next year they’ll probably have a combined position. Then the parliament will vote again if they agree with the changes made. (From his position they will definitely do so. It’s only a technicality.) Then (and that’s the only point where we still might have influence) all 27 member states have to agree on it. So that’s why you have to message your national government!
THIS POST WOULDN’T BE POSSIBLE WITH THE NEW COPYRIGHT LAW AS I SUMMARISE COPYRIGHTED MATERIAL AND SHARE THE CONTENT ON THE INTERNET WITHOUT HAVING PAID THE COPYRIGHT HOLDER.
How do people who sell fanart not get sued? Like I thought Marvel, Harry Potter, Doctor Who etc are all copyrighted so how can people legally sell fanart? Tagging cannibalcoalition cause you're the only artist I can think of right this second (I hope that doesn't sound offensive)
The DMCA and You; or, why Tumblr won’t get sued over Post+
I keep seeing people saying “doesn’t Tumblr understand they’re inviting an avalanche of lawsuits” and being baffled that people think this, and then I remembered that most of you were not both alive and in fandom in 1998 and therefore probably haven’t spent hours reading through the DMCA trying to figure out exactly how it was going to screw us. (Turns out we were right, but not nearly pessimistic enough.) So gather ‘round, children, it’s time for another bout of fandom history.
You have to understand what the internet looked like in 1998. Most people didn’t have internet access at home, and for those who did, you got a whopping 54 kbps (yes, that’s kilobytes per second) (compare that to 4G wireless, which 14 Mbps, not to mention, you know, wireless) unless you wanted to shell out for ISDN, which was twice the speed and five times the cost. Only 47% of American adults “went online” at all, never mind the two to six hours per day that current internet users are estimated to spend.
And I mean, why would you? There wasn’t that much there. If you wanted to post something online, your first and best option was to pay for web hosting of your own, or mooch off a friend’s. Or you could get a Geocities site, which would be plastered with ads and limited you to such a small amount of storage that you couldn’t have more than a couple dozen low-resolution images at best, or you could post on a message board (which would be essentially mooching off of a friend’s paid web hosting, because most sites that hosted message boards were just some guy who wanted to have a place to chat with his friends that wasn’t a Yahoo! email list), where you might get permission to post three or four images at a time. Music? Rude, takes up too much bandwidth, don’t do that to people. Video? You’re hilarious. (I once left my computer on for a week while I attempted to illegally download a copy of Velvet Goldmine but I finally gave up and got it from the video store instead.)
But still, at the time that was magic, and as more and more stuff found its way online, somebody who held a copyright somewhere (read: music studios and Disney) realized they had to get out in front of things. And into this brave new world came the Digital Millennium Copyright Act, which was passed in 1998 and was already skewing the shape of the internet of the future when it came into effect in 2000.
It did a lot of dumb things but the one we’re concerned about is the “safe harbor” provision, which basically says that in the case of an online copyright infringement, there are three parties: the infringer, the copyright holder, and the internet host, and the host is not a part of the copyright dispute.
Prior to this, if Sony or Disney or whoever found an illegal copy of their intellectual property (read: an mp3 or an avi) online, they’d go after whoever owned the server it lived on. Which made sense! If you find stolen TVs in someone’s basement, you go after the guy who owns the basement, and “I didn’t know my deadbeat brother in law was stealing TVs” is something you’ll have to prove in a court of law.
But internet companies like Geocities and Yahoo! and anyone else who offered random users the chance to post things on the internet using a free account said wait a minute, this doesn’t make sense. Because the internet is not like a physical basement; we have no reason to see someone carrying stolen mp3s down the basement stairs, and the scale is such that we couldn’t see all of them if we tried (unless we banned all mp3s, which means goodbye, MySpace, and goodbye indie bands). You wouldn’t go after a landlord in New York because their tenant in New Jersey is stealing TVs, would you?
So the DMCA said fine, we understand that the internet as it currently exists, and as it is attempting to exist (remember this is still the height of the dot.com boom and people are making money hand over fist by just owning websites), can’t operate if we try to do this. So instead of letting big companies sue big companies over copyright law, we’ll let big companies sue individual humans over copyright violations. That’s much more fair.
Of course most of what resulted wasn’t lawsuits at all; it was individuals getting threatening letters from Sony and Disney promising them that they were planning to sue but if you, Joe User, will just delete the thing you posted from the internet, we’re willing to make this all go away. And people did, because fuck, who’s going to duke it out with Disney?
The DMCA is the reason tumblr exists in the first place (not to mention twitter, and facebook, and essentially the entire part of the internet that isn’t either an ad or a news website). Technically, if tumblr was responsible for copyright violations, they’re already a prime target for a lawsuit, because they’re running ads on a website where people post copyright violations on a daily basis. Adding the opportunity for you to make money off your copyright violations doesn’t make them any more liable than they already are, which is not at all.
So here’s what predict will happen with Post+ at the beginning: absolutely nothing. A few people will monetize gifsets or fanfiction or vids and no one will pay attention and no one will care. But some small creators, people who post original fiction, people who post craft patterns, people who post insightful analysis, will start using it as part of their actual revenue stream. Sooner or later someone will be making enough money that it pings someone’s radar, and sooner or later someone making money will slip up and post something that could plausibly be a copyright violation, and they won’t get sued. They’ll get a takedown notice, a threatening letter from whoever owns the thing they infringed upon (...so Disney), and they’ll pull the thing. But it’s hard to pull things from the internet, much harder than it used to be, and nearly impossible the way tumblr works. So they get another takedown notice. Or Disney’s lawyers go through their blog with a fine-toothed comb and they start getting more and more unreasonable takedown notices, but now they’re scared and fuck, who’s going to duke it out with Disney? So they take their blog down entirely, and now that person is a little bit poorer and Disney is out the cost of four or five stamps and envelopes and the time their lawyer spent fifteen years ago drafting the takedown notice template.
I guarantee you that the people who decided to implement this know that this is going to happen, and they do not care. We’ve reached the “we could make this website work if we could just get rid of fandom” stage, which never ends well for the website but they never seem to learn that. So please, please don’t try to monetize fandom content on the assumption that tumblr is going to be the one to get slapped with a lawsuit for it, that’s just not how it works. It never has been and it never will be.
People out here like “why do fanfiction writers defend ao3, they making money off you all, omg how stupid are you lmao!!!!!!!”
I CANNOT make money OFF OF FANFICTION. YOU DUMB FUCKS. The most I can ask is FOR a Ko-fi or donations. But I cannot write fanfiction and get PAID for it.
You see the people that do fanfiction commissions? Yeah, those? If any copyright owner saw that and they were partially in a bad mood cuz the writers are doing good money wise, they could SUE THEM for everything THEY own. It isn’t as liberal as fanart or pictures. Fanfiction writers will and CAN get sued for writing fanfiction and making money directly from it.
This is why during the ff.net years, you’ll see fanfiction writers put a disclaimer every single time that went along the lines of “I do not own x series and their y characters, nor am I associated with them, this is all a fan work and is done for nothing but entertainment purposes. I am not making money off of this.” So we could cover our asses. But even if we added that, if a particular brand or writer still hated it, they could take down your fic, just not sue you for it. Think of it as the youtube copyright strike, the content creator can literally just flag your fic, even if its a transformative work and take it down. That’s how copyright laws are, they fucking blow.
Ao3 has lawyers specifically to keep them open and protecting the content that is within ao3, something that most writers probably would never be able to afford and could get fucked in the ass for it because of big companies and copyright laws.
If ao3 makes 200k more than what it needs, then I honestly DO NOT GIVE A FUCK. If that money is divided in between like 4 people that’s 50k, roughly what is considered a nice living wage.
If the founder of ao3 for whatever reason is actually getting paid for everything they do and snatching some coin I honestly WOULDN’T GIVE A FUCK. Because they fucking deserve it, its like people except these people to live off of air or some bullshit like that. As if Money grows on trees and they don’t deserve a decent paying wage for all the effort they put into something that MILLIONS OF PEOPLE USE and enjoy every single day of their lives and where content creators can upload their works and meet other people that enjoy the same shit as they do.
So quit being a fucking dumb bitch and sit your ass down and eat your soup.
i think the reason why i enjoy fan fictions so much is because they seem more accessible than books. people just like me wrote them for people like me, with no barriers between us like the need for consent from a large publishing company.
they’re shorter and less daunting than novels, but you’ve known the characters and the world for so long that it doesn’t feel as disconnected as a short story.
and fan fictions are created by fans, not tv execs. we write what we want, not what a large corporation wants.
fan rights need to be protected.
writing fics is a therapeutic activity where i exercize my creativity. people who read my fics enjoy them and leave positive comments that inspire me. the stories i tell are often personal and can connect with readers and make them feel heard.
making fan art was the first time i drew. and the support i received and the self confidence my art gave me was amazing.
and fans who make memes and gifs and moodboards need that outlet too. i have so much respect for their talent and their patience and their ability to make my day.
we need fics. we need art. we need memes. we need gifs. we need commentary. we need criticism. we need analysis. we need these friendships.
we need fandoms. and fan rights need to be protected.
Final word on this, I swear, but the truth is I have a hard time seeing adaptations as anything except transformative works. So the prospect that the director of Good Omens (2019) or As Yet Unnamed LOTR Director might take Terry Pratchett or Tolkien and turn them into something I don’t recognize is....nonthreatening. Even intriguing?
If what they make is good---awesome, you go, you funky little fan-filmmakers! Excited to see your vision! If it’s bad, well, there’s a lot a bad fic out there in the world, I can always click the back button.
The idea that just because you have a cinematic budget and Real Actors means that your adaptation is somehow more valid strikes me as very dumb. When I was twelve I rewrote whole books from the perspective of some other character; my next door neighbor and I would reenact scenes from Harry Potter on our shared trampoline, both the Tolkien and Star Wars fandoms at large have made some extremely impressive fan films. This isn’t a new endeavor on anyone’s part! And if these adaptations are really only just technically impressive, well-funded fanworks, then they are no more Legitimate or Official or Real than anything anyone else sticks up on AO3.
In conclusion, basically, the world of adaptation and canon makes more sense to me if we all admit that actually, Extremely Famous Director is no better than someone on the internet whose headcanons are wrong.
cops weaponizing copyright to avoid having their abuses uploaded to the internet is like. Such a fascinating and terrible intersection of capitalist evil. Police brutality, and copyright law upholding each other. Knowingly manipulating each other to crush (obnoxious politico voice) the average joe. like it’s just absolutely everything arrayed and allied against us huh
Aries: If you're going to rest, do it on your laurels. Where do these assholes get of, telling you where and when to rest. You’re the one with the laurels.
Taurus: Wolves cannot blow homes down, do not worry. What you should worry about is their ability to work together. Teamwork is the key.
Gemini: Run your mouth. It needs the exercise.
Cancer: People want different things out of life. They want their ribs to not be broken, you want to continue hitting nazis with a baseball bat. Civilization is being able to resolve simple issues like this.
Leo: International copyright law is the seal on the tomb of an ancient cosmic horror. Every time you rip a song off youtube the lock fades just a bit.
Virgo: Coffee does actually make you more spiritually aware. Usually your nerves give out before your astral essence does.
Libra: Hell leaks from the monuments to atrocities.
Scorpio: Introspection and self-criticism is healthy. Autovivisection is not what your therapist had in mind, but consider the stars and I impressed with your resolve and medical knowledge.
Ophiuchus: Stay home today. Nothing dangerous, you just deserve a day off.
Sagittarius: Pouting will not make the assassin any less effective. Its good to express yourself, but you need to deal with external and internal problems.
Capricorn: Break out the good shit, its full plate time.
Aquarius: The stars say there’s a new woman in your life. Well, what used to be a woman. She is very very good at hiding. Good luck.
Pisces: Things are just 50% more romantic if its happening on a rooftop. Use this to your advantage.
k so im very annoyed atm. there are a lot of people rightfully freaking out over article 13, and there are way too many ppl who complain that that isn’t necessary, claiming they know what article 13 means. spoiler alarm: they dont. very baltantly so btw.
there’s this german youtuber, he’s studied law, he’s a lawyer, he knows and understands that stuff. he’s made lots of videos explaining article 13 & 12 & 11 to those who’ll watch. his explanations were VERY clear and easy to understand. which is why i actually know what’s going on w art13 and understand what the consequences will probably be. now, i obviously don’t blame anyone for not watching his videos/not knowing german, but i will judge them for claiming to understand things they have no clue about. so yeah, shut up ir learn what youre talking about.
Edit: someone asked for the link so they can watch the videos, i just want to say that i simply forgot to add that here, so yeah. the channel’s called “Kanzlei WBS” just fyi
I left a massive tag essay on my reblog of staff's new post explaining why it's fine, actually, to monetize fanworks on tumblr+. I was too big of a chicken to put this on the actual staff post, but uh... listen. I'm a librarian. I worked in copyright/scholarly communications with academic publishers, who are just about as evil as the mouse and hold on to their intellectual property just as fiercely.
i couldn't leave it in the tags though. I'll try to hit the high points here, but basically
US copyright law (which tumblr seems to be defaulting to) is a fucking mess and is skewed heavily in favor of the owners of intellectual property. Or, at least the ones who can afford to go to court.
Fair Use is a thing, yes. Lots of secondary uses of IP can be totally legal under Fair Use guidelines, even some that turn a profit for the secondary creator.
However, the key factor here is that Fair Use is, by design, an incredibly open ended concept and isn't strictly defined in current law. The idea behind it was that since media is evolving, so too is Fair Use, and the terms should be flexible to allow the law to keep up and not stifle innovation.
In theory, what's supposed to happen is that if an IP owner thinks their property has been infringed on, they submit a DMCA takedown notice to the secondary person. If the secondary person thinks it's fair use, they can challenge that takedown and go to court and the courts will decide if Fair Use applies. If they rule in favor of secondary person, their content stays up.
In practice, what happens is that IP holders will send those DMCA takedown notices to people they think they can get away with shutting down, even if they and everyone else in the room knows it's bullshit (see: disney/marvel going after people selling things associated with non MCU / the actual literal god Loki).
They do this because they're banking on indie creators being too poor/scared to take them to court and giving in to pressure, even if their work was 100% above board and legal. I mean, would *you* go up against the full legal might of Disney? Can you even afford to hire a lawyer?
DMCA takedowns aren't lawsuits, yes. I've been seeing people going "stop freaking out, Disney won't sue you", but 1) yes they will, they have done it in the past and they will do it again, and 2) even if a DMCA takedown isn't a suit they still shut down people's livelihoods. And repeat DMCA takedown notices can force a lawsuit! Imagine setting up a tumblr+ and then being told collecting money from it is illegal. How is that supporting creative people's livelihoods, tumblr?
Even if tumblr users all collectively educate themselves on US copyright law, a convoluted series of documents that is by design super open ended, and all tumblr users do their very best effort to only monetize completely above board, 100% fair use fan works, that's not going to stop these companies. The law is structured to allow them to bully creators away from making fanworks without ever seeing a day in court, all out of fear.
Tumblr's post there, by the way, is saying point blank that it's on us to learn and follow copyright law because THEY WON'T BACK US UP ON IT WHEN SOMEONE INEVITABLY GETS HIT WITH A TAKEDOWN NOTICE.
You know who DOES have fan creators' backs? Ao3. Ao3 has a team of lawyers that challenge all the DMCA takedowns that get sent their way so their site users don't have to do it as individuals. They make it so companies can't use the threat of a lawsuit to get people's stuff taken down willy nilly. They employ lawyers so they can say, "This IS fair use, actually, and I'd love the chance to prove it in court. Come over here and waste more of your money on us."
Basically, tumblr seems to be doubling down on the whole "monetize your fan works with us!" thing, while insisting it's TOTALLY POSSIBLE to do it legally, but isn't going to be in fan creators' corner when the legal threats come. They're going to take our money via their cut of tumblr+ users' subscriptions and when Disney comes knocking, well. That's on us for not following the letter of the law.