Legal Advocacy

The OTW believes that fanworks are creative and transformative, core fair uses, and will therefore be proactive in protecting and defending fanworks from commercial exploitation and legal challenge. This help will not be limited to those fans or projects directly connected with OTW.

The OTW Legal Committee’s mission includes education, assistance, and advocacy.

  • We create and post educational materials about developments in fandom-related law on transformativeworks.org and on archiveofourown.org.
  • We assist individual fans when their fanworks are challenged, we answer fans’ questions about law relevant to fanworks, and we help fans find legal representation.
  • We partner with other advocacy organizations and coalitions in the U.S. and around the world.
  • We advocate for laws and policies that promote balance and protect fanworks and fandom.
  • And much more!

Our legal advocacy work includes:

 

Obtaining an exemption to the U.S. DMCA that permits makers of noncommercial remix to circumvent copy protection on Blu-Rays, DVDs, and material distributed online
  • 2014-2015 Petition to the Copyright Office in favor of a DMCA exemption for makers of noncommercial remix
    • June 2015 Response
    • May 2015 Reply
    • February 2015 Comments
    • November 2014 Petitions
  • 2011-2012 Petition to the Copyright Office in favor of a DMCA exemption for makers of noncommercial remix
    • August 2012 Reply and second image gallery
    • Test Suite of Fair Use Vids
    • Image Gallery
    • March 2012 Reply Comments
    • December 2011 Comment
  • 2008-2009 Petition material
    • February 2009 Reply Comment
    • December 2008 Comment

The actual letters and comments plus more information can be found under Obtaining exemptions to the U.S. DMCA.

 

Submitting policy comments and letters to the U.S. government and governments around the world
  • April 2016 Comments to the European Commission Regarding the Enforcement of Intellectual Property Rights
  • March 2016 Comments to the U.S. Copyright Office Regarding DMCA Section 512
  • February 2016 Comments to the U.S. Copyright Office Regarding DMCA Section 1201
  • December 2015 Comments to the European Commission
  • October 2015 Comments to the U.S. IPEC
  • September 2015 Comments to the South African Government
  • March 2015 Letter to U.S. Congress
  • September 2014 Australian Government submission
  • February 2014 Comments to the European Commission
  • October 2013 Comments to the PTO/NTIA

The actual letters and comments plus more information can be found under Policy comments and Letters.

 

Filing Amicus Curiae briefs in cases regarding U.S. copyright law, fair use, and online freedom of expression
  • Lenz v. Universal
    • October 2015 Amicus Brief
    • December 2013 Amicus Brief
  • Capitol Records v. Vimeo
    • July 2014 Amicus Brief
  • Cindy Lee Garcia v. Google et al
    • November 2014 Amicus Brief
    • April 2014 Amicus Brief
  • Fox v. Dish & Dish v. ABC
    • January 2014 Amicus Brief
    • January 2013 Amicus Brief
  • Salinger v. Colting
    • August 2009 Amicus Brief

The actual briefs plus more information can be found under Amicus Curiae briefs in cases regarding U.S. copyright law, fair use, and online freedom of expression.

 

Filing Amicus Curiae briefs in cases regarding U.S. right of publicity laws
  • Davis v. Electronic Arts
    • November 2015 Amicus Brief
    • January 2015 Amicus brief
  • Hart v. Electronic Arts
    • May 2012 Amicus Brief

The actual briefs plus more information can be found under Amicus Curiae briefs in cases regarding U.S. right of publicity laws.

 

To contact OTW’s Legal Committee, send an e-mail.
(The Legal Committee welcomes your comments and questions. Be aware that communicating with Legal will not create an attorney-client relationship unless Legal explicitly says otherwise in writing. But we’re happy to provide information!)