Banner by Erin of a spotlight shining the OTW logo behind the text spotlight on legal issues

Tumblr’s TOS Changes, AO3, and You

Recently, Tumblr announced that it would be changing its terms of service to exclude adult content. OTW Legal has gotten some questions about that change, and we’re here to help answer them!

Will Tumblr’s change in TOS change anything about the Archive Of Our Own?

No–neither the AO3 nor the OTW (the nonprofit that operates the AO3) has any relationship at all with Tumblr. Tumblr made this decision on its own, not because of any particular change in the law that would have any impact on the AO3. The AO3 was founded on principles of “maximum inclusiveness” and those principles remain true.

Can we stop Tumblr from doing this? What about free speech?

When users sign up, they agree that Tumblr can make changes to its terms of service, and because Tumblr is a private company, it doesn’t have any obligation to protect free speech. So Tumblr is legally allowed to make this change, and there is nothing that OTW Legal can do about it. As for what users can do to stop Tumblr from changing its terms of service, the unfortunate answer is probably not much. The OTW’s This Week In Fandom post from December 4 discusses some user plans that may send a message to Tumblr. That said, Tumblr surely knows it will lose many users, and it has undoubtedly made a cost-benefit calculation that the lost users won’t be too harmful to its bottom line. (more…)

Banner by Erin of a spotlight shining the OTW logo behind the text spotlight on legal issues

EU Legal Developments, the AO3, and You

We’ve written before in this space about Articles 11 and 13 — fan-unfriendly legal proposals in the EU. On September 12, the European Parliament voted in favor of those proposals. Is it bad? Yes. Is it the end of the story? No. Is it going to change the AO3? Probably not. What can you do about it? Read on.

Articles 11 and 13 impose new requirements on sites that host user content, like the AO3, Tumblr, YouTube, and the like. In the United States, the Digital Millennium Copyright Act protects these sites from some kinds of copyright liability, so that the sites aren’t responsible for infringing content posted by their users unless the sites know it’s there and that it’s infringing. That’s why most sites have “notice and takedown” policies: if they’re warned about infringing content, they have to take it down — and they’re allowed to take fair use into consideration when they decide whether or not to take a work down. Articles 11 and 13 put the burden of preventing infringement on sites, rather than users, and make some very incorrect assumptions about the ability of algorithms to identify what uses infringe and what uses are non-infringing fair uses. (more…)

Banner by Erin of a spotlight shining the OTW logo behind the text spotlight on legal issues

Fight Fan-Unfriendly EU Legal Developments–Time to Act!

Back in July, fans and allies helped convince the European Parliament to schedule a vote rather than automatically approving some fan-unfriendly proposals. Now it is time to act! The European Parliament will be voting on these proposals in a few days. The short version of “what can I do” is: Contact your MEP now. For the longer version, and a discussion of why these proposals matter to fans, read on!

What Are Articles 11 and 13, and Why are They Bad for Fans?

Fandom loves and thrives on the Internet, and the Internet loves and thrives on fandom! So much of what makes fan communities and fan creativity work so well are the same things that make the Internet what it is: people sharing their transformative creations and linking to things that drive their interests. We post vids, gifs, fics, filks, and so many other wonderful, creative things! We link to news stories about our favorite shows, writers, performers, and trends! We use these things to find ourselves and communicate with people all around the world. (more…)