Date: 2022-10-31 11:28 pm (UTC)
bens_dad: (Default)
From: [personal profile] bens_dad
2. Do the fan-fict writers get Union Rates when their work is used by the copyright holders ?

I was going to say that the current bargain is that fan-fict writers make no money from their work and thus keep the copyright holder's lawyers off their backs.

However OTW/AO3, as a publisher, does receive money, if only to cover costs (and not to make a profit) so I don't know what the current state of play really is.

Date: 2022-11-01 12:11 am (UTC)
snippy: Lego me holding book (Default)
From: [personal profile] snippy
OTW/AO3 are not publishers. They are an archive. A library is not a publisher, it is an archive.

Date: 2022-11-01 07:10 am (UTC)
hairyears: Spilosoma viginica caterpillar: luxuriant white hair and a 'Dougal' face with antennae. Small, hairy, and venomous (Default)
From: [personal profile] hairyears
What's the precise difference?

Date: 2022-11-02 12:23 am (UTC)
snippy: Lego me holding book (Default)
From: [personal profile] snippy
I am not a lawyer, but to copy my comment below: They ask for donations to cover their expenses for hosting the archive, and to defend creators on the basis of fair use in a transformative work (not exactly the terms of art, but close). They don't charge a fee to use the website either to post fan works or to look at them. They make no profit, they don't vet creators, they don't edit the works, they don't advertise the works...they perform none of the functions of publisher.

Date: 2022-11-01 07:37 am (UTC)
bens_dad: (Default)
From: [personal profile] bens_dad
I meant that they are not authors, they make the stories available to the public and they ask for money to enable them to do so. As I am not a lawyer I wont argue whether this makes them publishers or a library.

Whatever you call them, I am not sure why the lawyers are not busy or what the unspoken agreement is between the fan-fict writers and the character creators.
Edited (Restate my original point.) Date: 2022-11-01 07:41 am (UTC)

Date: 2022-11-02 12:22 am (UTC)
snippy: Lego me holding book (Default)
From: [personal profile] snippy
They ask for donations to cover their expenses for hosting the archive, and to defend creators on the basis of fair use in a transformative work (not exactly the terms of art, but close). They don't charge a fee to use the website either to post fan works or to look at them. They make no profit, they don't vet creators, they don't edit the works, they don't advertise the works...they perform none of the functions of publisher.

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