There’s something that I fundamentally don’t understand about Article 13.
It doesn’t simply protect copyrighted content, it will also absolutely impact the bottom line of these big businesses too. This is how I see it.
Here’s my current fandom:
How did I get into Kingsman? Was it because I saw a trailer for it on TV and thought, “Hey, I should see that.”
Nope. It was via online fandom content almost two years after Kingsman: The Secret Service was released. I never would’ve given it the time of day if not for gifsets and fanfic that I saw and read before I’d even seen the movie. But I saw those things first, so the movie then caught my interest, and I watched it. Legally. I ended up purchasing movie tickets for the sequel, I bought the movies on Blu-ray, I bought some official Kingsman merchandise (don’t judge me), and I even spent a little money on one of the official Kingsman mobile games (like 20 dolla, and I’m not proud of it).
I spend a significant part of my online time interacting in the orbit of the Kingsman fandom. I look forward to the third movie (the actual third movie, not this weird prequel thing…ugh). I will actively spend money on the movie and probably some official merchandise when it’s released too. I also have an interest in the actors from the movie and legally seek out their other work (even Robin Hood, haaaa). Meaning I intend to SPEND MONEY on things related to Kingsman because fandom content keeps my interest going long beyond its official release. Fandom content is often what will catch my interest in the first place.
My fandom before Kingsman?
When I got into Marvel/Captain America, how do you think that happened?
Did I see trailers before other movies? TV commercials? Was it because of people I knew in real life who enjoyed it? Nope. I rarely see any promotional material for things because I don’t normally take in content in the traditional way (the same as most other Millennials and Gen Z, I’d wager). I knew of them, obviously, because they’re insanely popular. But I didn’t give a shit.
I didn’t give a lick about Marvel and it wasn’t until I saw some fan commentary and gifsets on Tumblr/in fan spaces of Captain America: The Winter Soldier that I was like, “Oooh, this sounds interesting. I need to watch this.”
And I watched it. Legally. And I bought it. Legally. And I went out and legally watched everything else Marvel. I bought legal/licensed Marvel merchandise. I bought Marvel comics, ffs. Do you think I cared about comics before that? At this point, I’ve probably spent a good few hundred dollars on Marvel related content. Probably closer to $1000 than $100. And that’s mild compared to some people!
Do you think I would’ve done any of that if I hadn’t first seen fan created content that technically uses copyrighted material?
I sure the fuck would not. I would’ve gone on not caring about it at all.
My point is, Article 13 is so fucking short-sighted. Fandom and creative content made by people not associated with these businesses often makes or breaks that content. How many people do you think got into Marvel the same way I did? How many millions of dollars have people spent on Marvel related merchandise because fandom content fostered their interest way beyond “See it in the movie theatre, then go home and forget about it?”
Here’s another example for the other end of the spectrum:
Avatar. The James Cameron movie. It made $2.7 billion at the box office worldwide. That’s nice. But does anyone really give a shit about it? I’ve never seen it. Don’t have any desire to see it or the supposed upcoming sequels. The only online content I see about it? Mocks it. There is no fandom.
To compare fandoms on Ao3:
No one gives a shit. No one is looking for Avatar. Maybe the sequels will do well, I’m not a psychic. I have no idea. But my point is, there is no longevity there. No one is looking for official Avatar merchandise. No one is creating works about it that keeps interest going years after it was released. And continued interest means continued profit.
Are people buying Avatar clothing? Books? Mugs, tchotchkes, spending thousands of dollars to meet the cast and creators at conventions? Special editions of the movies? Collector’s items?
Google “Avatar pop” and what do you think comes up? Pop! figures for the Avatar movie? Nope. There aren’t any. Are there Pop! figures for Avatar: The Last Airbender, which has a healthy online fandom presence? Yep.
So Avatar did really, really well at the box office. Exceptionally well. And then?
Supernatural is an excellent example as well. A small show on a struggling network. Isn’t it on season 247 at this point? What do you think helped it last as long as it has? All that sweet network promo? The A-List status of its stars (hahahaha)?
HAAAAA! NO! It’s the fucking fan content! All the fanvids, fanfic, artwork, gifsets, commentary, discussions, meta, and beyond. All those creations get seen by hundreds, thousands of people who may have never heard of it before. But it’s that kind of content that sparks an interest. If you’re in that fandom, think of the coolest piece of art (or the best fanfic), that’s what inspires people to seek something out. That’s what cultivates an interest for years, including purchasing god knows what for god knows how much money. Terribly photoshopped ~official~ promo pictures and a couple commercials ain’t gonna do it.
Does the below image make me go “LOL WHAT? wats happening? wats going on? wat is this????”
Ya. Dark, morbid, funny. Sounds interesting…
Does the below official image make me go, “Oooh, gotta watch whatever that is!”
It sure the fuck does not. Sorry Jensen Ackles, you’re good looking and all, but nah. Can’t say I have any interest in whatever that is. WHY ARE YOU IN A CAGE? WHAT IS THAT CHAIN FOR? help me i’m scared
ANYWAY. Which content style above is going to inspire and cultivate enough of a longterm interest that people are willing to buy board games, clothing, jewelry, DVD sets, magazines, go to conventions, buy god knows what else, and spread the word about the show? For over a decade? It ain’t the second picture, I can tell you that much.
Fan content creates new fans and cultivates longterm interest which earns big businesses more money.
That is one of many reasons why Article 13 is shit. For fan content creators and for big business. It’s not a threat to the big business bottom line, it’s free promotion.
2009 – GeoCities shuts down, taking old fannish websites
2010 – FFN forums deleted
2011 – Delicious destroyed by Yahoo’s incompetence
2012 – major FFN crackdown on porn
2014 – Quizilla shuts down
2015 – Journalfen’s servers become fully robust, deleting Fandom Wank
Didn’t quizilla have purges before finally shutting down? And I know basically every vidding home hot destroyed, repeatedly taking out the entire history of vidding online.
… they deleted Fandom Wank???
Well, not specifically. Journalfen failed completely and has never come back. FW was on Journalfen, so while you can see some entries on the Wayback machine, I think (?), the long comment threads aren’t archived.
2007 – Youtube starts using its “content ID” system to identify (and block) works that include copyrighted material in their database.
2009 – Greatestjournal shuts down, taking down fandom’s biggest collection of blog-style RPGs
2012 – Megaupload shut down by FBI; some (many?) fanvid archives lost
I thought there was also some kind of purge at Deviantart, but I don’t recall the details.
I’d like to remind folks that there was literally wank last month about why do we need the OTW.
Well, this would be why: we sincerely believed in the internet values of a decade or two ago, which involved owning our own servers if we wanted to see our projects remain stable, in the long term, online.
Worth mentioning: Yahoo purchased GeoCities, and was behind the decision to shut all those sites down.
Yahoo’s incompetence destroyed Delicious.
Yahoo owns Tumblr.
1356: 50% of monks.
People just… completely forget. I was there for all of the bans on fanfiction.net. You don’t know panic until you go to log in one morning and find out a bunch of your works have been deleted, gone forever, because some asshole arbitrarily decided that they wanted to ban something.
AO3 IS IMPORTANT. IT MATTERS.
2016 -y!gallery an archive of m/m art and stories, original and fanfiction was completely destroyed and all works were lost
Y!gallery itself was originally built in response to Sheezy art banning adult themes in 2005
Deviant Art in my experience says it doesn’t allow porn but will allow erotic art of women to reach the front page, straight male gaze gets a pass. Art focused on men is more likely to get deleted.
A lot of things destroyed by anti-porn rules are really anti-porn not made by and for straight men. It’s women’s and queer folks work that is demonized.
^^^^^ i actually tested this when i was on DA. I drew a bunch of s*xually e*plicit vag*nas and d*cks and the d*cks were removed within 24 hours. the vag*nas were never reported.
these bans are attacks on women and queer/LGBTQ people. the straight male gaze is apparently the only legitimate n sfw view
2010 ish (?) – deviantART purges adult fanfiction (I only very vaguely remember this one, because I’ve never been a dA user and it happened during my fannish hiatus, but there is some incomplete info on Fanlore. If you remember more about what happened, please help edit that page!)
Fandom purges are almost never just about one thing. Fannish content both relies on fair use exemption and is frequently sexually explicit, so it gets attacked on both copyright/legal grounds (thank you, OTW Legal Team, for protecting us!) and TOS/hoster rules about porn/specific fictional content (thank you, AO3, for being an open archive!). On top of that, there is a nontrivial history of fannish content being lumped in with content that criticizes authoritarian governments, and targeted by sweeps by those governments and their censorship agencies when they purchase or put pressure on the commercial entities that own the servers (thank you, OTW, for being a nonprofit and owning and defending our servers!).
If you care about fannish content, you have to fight for fanfic on all three fronts. And if we hop off of HTTP and onto one of the decentralized protocols like dat et cetera, like people are starting to talk about in response to Article 13 and the Tumblr purges, we will inevitably be targeted along with a) people pirating media, b) porn distributors, and c) anti-government protestors, because those groups are also going use those protocols, too. I’m not saying, don’t think about migrating. I’m saying: there is a systemic problem within fandom, regarding the fact that we routinely get hit on three fronts: legal rights to the material we transform, sexual content, and governmental disapproval. Protecting fandom means fighting for fandom on all three fronts and putting thought and effort into how to make an archive robust against all three prongs of the attack.
This is what’s made AO3/the OTW so special: we have lawyers protecting our right to make what we make, we have a TOS that protects our right to make things that are sexually explicit, and because the OTW is a nonprofit, it’s more robust to the pressure that can be brought to bear upon commercial entities by both corporate and governmental powers (though, I note, especially when it comes to governments, it’s not immune, and we have to keep actively protecting it, and we have to protect other fans). If you are in fandom but you think that copyright upload filters are fine, because, well, you don’t want to put fanvids on YouTube, you are part of the problem. Your community is under attack. The powers that be have always come for us by attacking us in pieces, and we have always only ever successfully fought back by banding together.
Never forget this. There are certain kinds of content people don’t want you to make, and everyone expects that to be “graphic rape” or some thing that is at least arguably Not Great
but more often than not it ends up just “gay.”
Censors. Are. Lazy.
No matter what you don’t like or what you’d rather not see, never forget that censors are lazy.
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: Todaywe 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.
Please reblog this as much as you reblogged the posts about Net Neutrality.
If Article 13 is approved, European People might be basically banned from uploading any fan content.
You won’t get new fanfics from people in Europe.
You won’t get new gifs from people in Europe.
You won’t get new fanart from people in Europe.
Because they’ll be automatically filtered and blocked!
We might leave Tumblr and other fandom pages.
And if we’re getting all our content blocked?
You might lose some of your favourite followers/mutuals.
You might not get to read the rest of that fic you’re dying to read – simply because the writer lives in the wrong country.
So do whatever you can to help us stop this.
Reblog this.
CONTACT YOUR REPRESENTATIVES TO TELL THEM YOU DON’T WANT ARTICLE 13 TO BE APPROVED IF YOU’RE EUROPEAN! DO IT VIA THE HOMEPAGE
Article 13 is going into it’s final stages of voting.
If this gets through, it will allow many, many companies to abuse and misuse this article to take down as many memes, fan works, and even other independent creators on sites like YouTube, Facebook, and other websites INCLUDING Tumblr.
THE FAIR USE LAW AND SAFEHARBOR LAW WILL LONGER APPLY IN THE U.S OR IN OTHER COUNTRIES.
IT HAS ALREADY PASSED IN SEVERAL OTHER COUNTRIES.
WE CANNOT ALLOW THEM TO TAKE AWAY WHAT WE BUILT FOR THE INTERNET SO FAR.
So here is what you need to do to drag this article down.
1. Spread the word
I can’t stress this enough. The more attention this gets the more people we can get to take this down.
2. Make your own content
Make your own content on the matter and make sure it is clear to others that Article 13 is bad for every internet user involved.
3. If you live anywhere in Europe, contact your MEPs
Ask them if they approve of the article and why. If they do approve of it, try to convince them in a clear, reasonable, and most sensible way possible that this law is BAD.
The article itself is way to vague about what it’s conveying to its people.
Saying that as long as the use of said internet memes or content is good as long as it’s in “good faith.”
We cannot let some shoddy government tell us what we can and cannot post.
FREE SPEECH IS A HUMAN RIGHT. NOT A PRIVILEGE.
Here’s a video on Article 13 that Film Theory made on the matter. It will explain things better than I can.
Article 13 is a provision in the proposed EU Copyright Directive mandating that all content uploaded to the internet be monitored and potentially deleted if a likeness to existing copyrighted content is detected. This provision will be voted on by the end of 2018.
Whether a creator or a consumer, everyone who uses the internet will be affected by this law — which is why we all need to speak out against it, no matter if you live within the EU or not.
If you are a creator or independent business, the content that you upload to share with your audience might be deleted without your consent. Creators include but are not limited to artists –such as cartoonists, gamers, illustrators, photographers, documentary filmmakers, animators, musicians, DJs, and dancers,– bloggers, journalists, and technologists.
Online platforms will be required to implement complex and expensive filtering systems and will be held liable for copyright infringement, potentially incurring fines that threaten their economic viability.
Article 13 would restrict the ability of Internet users to consume content – meaning they won’t be able to find and enjoy diverse kinds of cultural expressions that they have grown accustomed to. The days of communicating through gifs and memes, listening to our favourite remixes online or sharing videos of our friends singing at karaoke might be coming to an end.
Ultimately, the internet culture that has emerged in recent years – a culture that enables connections and democratises information – will become bureaucratic and restrictive.
WILL BE BLOCKED BECAUSE of SOME OLD POLITICIANS “that know the youth and the internet the best then anyone else” IN THE SENATE THINKING THEY KNOW BETTER SHUTTING DOWN YOUTUBE AND OTHER SOCIAL PLATFORMS FOR ME AND PEOPLE LIVING IN THE EU FOREVER!
PLEASEEEEEEEEEEEEEEEEEEEEEEE I REPEAT THE ARTICLE HAS BEEN CHANGED COMPLETELY NO FUCKING JOKE GUYS! LAST TIME IT WAS ALL ABOUT PROTECTION NOW THEY ADDED SOME STUPID STUFF AND THEY WILL BE TAKING AWAY MY YOUTUBE; SOCIAL MEDIAS AND EVERYTHING!
PLEASE SIGN UP IN THIS PETITION IF WE DON´T HIT 5 MILLION GERMANY AND SO MANY EUROPE COUNTRIES WILL LOSE THEIR SOCIAL AND MORE!
SHARE THIS POST AND SIGN UP AND VOTE THE MORE THAN BETTER! Let’s SHOW THESE OLD PEOPLE THAT YOUTUBE, TUMBLR, INSTAGRAM AND ALL THESE GREAT OTHER SITES AREN´T FUCKING USELESS AND SHET BECAUSE THEY DO NOT KNOW WHAT SOCIAL MEDIA IS! INSTEAD OF TAKING THESE PRECIOUS THINGS THEY SHOULD WORRY ABOUT OTHER.STUFF ( Migrants, new school system) BUT NAH THEY WANT TO TAKE AWAY OUR SOCIAL MEDIAS
I REPEAT article 13 HAS COMPLETED CHANGED AND IN A FEW MONTHS IT WILL TAKE AWAY OUR SOCIAL media LIKE TUMBLR AND YOUTUBE HERE IN EUROPE PLEASE SIGN UP FOR US GUYS I BEG YOU!
artherra 