Legal Advocacy

Help the EFF Save Podcasting

The Electronic Frontier Foundation, an organization long committed to protecting and fighting for digital rights, is looking for help to save podcasting. Personal Audio LLC has filed a number of lawsuits over the past few months and is asserting a patent on podcasting. The company has also sent letters to some podcasters demanding financial compensation for use of their technology.

The EFF is taking action to challenge Personal Audio's claim, but are asking for help to do so. According to an EFF release: "To do this, we need to find publications from before October 2, 1996 that disclose similar or identical ideas (this also known as prior art). The best prior art will include publications describing early versions of podcasting or any other kind of episode distribution over the Internet."

Since podcasting is an integral part of fandom for many and because it is likely that examples of prior art could be drawn from fandom circles, we're boosting the call. The EFF has a long history of working in the best interests of fans (including their recent work on behalf of fans who lost files as a part of the Megaupload shutdown).

If you know of any examples of prior art in this case, please submit them at the EFF's Ask Patents page or e-mail them to podcasting@eff.org. You can also read the full EFF blog post for more information.

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What Fans Should Know About Amazon's Kindle Worlds Program

There's been a lot of talk about Kindle Worlds lately, and the OTW has received some questions about its legal implications. The OTW has long maintained that noncommercial fan fiction is fair use, and Amazon's new program does not change that in any way. It also doesn't change anything about the AO3's continued mission to provide a permanent platform for noncommercial fan fiction. (And don't forget, works on the AO3 are readable on the Kindle and other handheld platforms.)

So should fan writers put their works on Kindle Worlds? That is, of course, up to you. We believe that every author should make up their own mind about whether they want to publish their work on a particular platform. However, we also believe that every person should have a full understanding of the terms they are agreeing to by doing so. We've reviewed the information Amazon has made available to date, and have tried to explain the practical implications in this post.

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Canadian Copyright Law Q&A - Part 3

This is the last in a series of Q&A posts with Graham Reynolds, a Canadian copyright scholar from Schulich School of Law at Dalhousie University in Halifax, Nova Scotia, Canada. The Q&A focuses on Bill C-11, which went into effect near the end of 2012 and made some significant changes to Canada's Copyright Act, some of which influence the way fanworks are treated under Canadian law. The first post, in which Graham answered questions about the general contours of the law and about the law of "fair dealing", is available here. The second post, in which Graham answered questions about the probable effect of the law on fanfiction, fanart, and fanvids, is available here.

Today, Graham addresses Canadian "moral rights," trade-mark rights, and rights of personality; and what the new law means for fanwork creators outside of Canada. Graham explains that creators of noncommercial fanworks may face challenges under Canada's moral rights law, which encompasses rights to integrity and attribution. Creators of non-commercial fanworks are less likely to face problems from Canadian trade-mark laws, but the answer regarding rights of personality is more complicated. Graham also explains that the law may have some impact on fans who are located outside Canada, because the law applies to some Internet activities.

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Canadian Copyright Law Q&A - Part 2

This is the second in a series of Q&A posts with Graham Reynolds, a Canadian copyright scholar from Schulich School of Law at Dalhousie University in Halifax, Nova Scotia, Canada. The Q&A focuses on Bill C-11, which went into effect near the end of 2012 and made some significant changes to Canada's Copyright Act, some of which influence the way fanworks are treated under Canadian law. The first post, in which Graham answered questions about the general contours of the law and about the law of "fair dealing", is available here.

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Canadian Copyright Law Q&A - Part 1

Near the end of 2012, a law called Bill C-11 made some significant changes to Canada's Copyright Act, some of which influence the way fanworks are treated under Canadian law. With that in mind, we're bringing you a series of Q&A posts written by Graham Reynolds, an Assistant Professor at the Schulich School of Law at Dalhousie University in Halifax, Nova Scotia, Canada. Graham teaches and researches in the areas of copyright law, intellectual property law, property law, and the intersection of intellectual property and human rights, so he's the perfect person to explain how the changes are likely to influence the law of fanworks in Canada.

We posed a series of questions to Graham, and will be posting his answers in this space over the next couple of weeks. These answers aren't legal advice, and if you need specific legal advice Graham (and we) advise you to consult with a lawyer and/or send a query to the OTW Legal Committee.

Today, Graham answers two questions: first about the general contours of the law, and second about the law of "fair dealing" (which is a like the U.S. concept of "fair use," but as explained below, is somewhat different) In the latter, Graham walks through the requirements of what it takes for a fanwork to be considered "fair dealing" under the law.

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April Membership Drive: Defending the legality of fanworks

The OTW is committed to defending the right to create and distribute fanworks, and our Legal Advocacy project is at the forefront of these efforts.

We're particularly proud of our work on Digital Millennium Copyright Act (DMCA) exemptions for makers of noncommercial remix videos such as fan vids, AMVs, and political remix videos. OTW staffers testified before the US Copyright Office in 2009 and 2012 to help win these exemptions, in partnership with the Electronic Frontier Foundation (EFF) and other like-minded organizations, and we were victorious both times. The noncommercial remix exemption takes away the threat that vidders' works — though transformative, fair uses — would still be considered unlawful under US law because of the way in which they may have acquired their source footage.

We're also gaining a valuable network of allies in the larger free-expression, pro-fair-use activist world. As well as working closely with EFF, we've had positive interactions with groups such as the Documentary Filmmakers' Association and USC-Annenberg's Norman Lear Center.

Volunteers from Legal have also worked on contributing to the Wikipedia page on legal issues in fanfiction to provide a more law-based discussion of fans' rights; advising fans who have received DMCA takedown notifications; and filing amicus briefs in three cases with implications for fans and fanworks.

The Legal committee is also happy to assist fans who have questions regarding non-commercial fanworks. You can contact the Legal committee here.

The OTW is a dedicated champion of fans' rights, with an established track record of success — but there are many battles, large and small, still to be fought. Help us fight those battles — please donate today.

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OTW Weighs In on Fox v. DISH

A lot of what the Legal Committee does is behind-the-scenes, so it's always exciting to be able to share a bit of public advocacy. On January 24, the OTW, together with the Electronic Frontier Foundation and Public Knowledge, filed an amicus brief in the U.S. 9th Circuit Court of Appeals in the case of Fox v. DISH Network.

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The Rebellious Pixels Chain of Takedowns

Last week remix artist Jonathan McIntosh had a troubling story to tell which put a spotlight on the current problems facing transformative works creators. In our current environment of automated copyright claims and the layers of entities users may have to go through to assert fair use rights, it takes real dedication sometimes to be heard.

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Fans: Help the EFF Help You!

Did you lose fanworks or other files in the Megaupload seizure? The EFF wants to help!

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Spotlight on Legal

Since OTW's inception over five years ago, our Legal Committee has made significant contributions to the world of transformative works. Most recently, our Legal Committee (with the Electronic Frontier Foundation) secured a DMCA exemption from the U.S. Copyright Office for fanvidders and other non-commercial vid makers. You can read more about this legal victory below or here.

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